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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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bailiffs coming at 1pm to break in please help!


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Back in May 2007 I sold a car through a local auction house and they said at the time that I didnt need to inform DVLA that I had sold the car

as it was their responsibility to inform them of the new owner.

 

At the end of 2007 I received notification from the magistrates court that I had a number of parking fines racked up several months after I had sold the car

 

I contacted the court who told me to forward the sale date and the new keeper details.

I contacted the auction house who told me they couldnt give me new keeper details due to data protection but would forward the relevent info to the court and again to the DVLA.

 

Early in 2008 I had to leave the family home with my three children (one of which has been diagnosed with severe mental health problems)

due to domestic violence leaving most of my belongings and paperwork behind and was housed in emergency homeless accomodation for 12 months until being given permanent accomodation.

 

I heard nothing from the courts or anyone else during this time until August 2011

 

there was a knock at the door at 6.15am. I answered

 

the man said he was acting on behalf of the magistrates court and showed me an ID card with the same information on - I let him in.

 

Once inside he said he was from the bailiff company "Swift Credit Services" and said he was there to collect £750.

 

I told him that I couldnt pay and explained that I wasnt the owner at time.

I also explained that I had to get my disabled child ready for school but he just walked around listing my possessions.

 

By this time I was frantically trying to find any paperwork relating to the car and eventually an hour later found the receipt of sale which was the only evidence

I had managed to keep when I had left the marital home.

 

Only then did he agree to put it on hold so I could forward a copy to the courts which I did that morning.

 

I have heard nothing since until last Friday morning when about 7am I thought I heard the door knock

but by the time I went downstairs there was no-one there

 

after going back upstairs I heard something being pushed through the letterbox which was a letter from Swift

saying they were returning on the 14th at 1pm with a locksmith to gain forced entry and seize goods if I didnt pay £950.

 

I contacted my local CAB that morning and got an appointment for 10am yesterday.

 

The lady said that I would have to make them an offer to pay in installments and went through my income and expenditure then rang Swift to make the offer.

 

They told her to ring the attending bailiff which she did

but he refused to speak to her as my representative and would only speak to me

 

she passed the phone to me and he said he would be with me 1pm and would only accept £950.

 

The lady at CAB then rang the court and faxed a copy of the sale of the car to them in the hope they might be able to do something

but they rang her back in the afternoon to say it was out of time for a review and would still stand.

 

I then rang the court myself but they said the only thing they could advise is for me to negotiate with the bailiff and there was nothing they could do.

 

I'm sorry to go on but I wanted to make sure all the facts were there

and I'm really scared now that they are going to break in at 1pm but I just dont know where else to turn....

 

..please could anybody help?

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I've put this on CAG facebook to get some help for you quickly, I'm not too sure about court fines. Dont worry help will be here soon

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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not to good with these but we will need to know if they are magistrate court fines (has your council decriminalised parking ) or are they for speeding etc

 

you have been given bad advice from the start of this

 

for a magistrate court fine you should have been told to file statutory declaration at the issuing court

For a PCN (decriminalised parking ticket ) forms te7 and te9 from the traffic enforcement centre

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They were from a magistrates court for parking on yellow lines + in disabled bays etc in Cardiff which is about 25miles away from where I live. There were several of them all dated at least six months after I sold the car through the local car auction.

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This is complete and utter nonsense and makes me SO angry!!

 

The court can certainly ask that the case be returned and they should allow you to do a Statutory Declaration. The debt has now increased to £950 and given auction vlaue, the bailiff should need to levy upon goods valued at around £7,500-£9,500.

 

What items have been levied upon?

 

Are you working or are you in receipt of benefits?

 

You have a disabled child and this SHOULD provide that you are "vulnerable".

 

Please post back with details of the items listed and we can advise further.

 

Please rememeber that it is VERY UNUSUAL indeed for a bailiff to actually remove goods and instead, it is the THREAT of removal that the bailiff relies upon to get the debt paid.

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You don't actually owe this money, as you sold the car, as per tomtubby a stat dec and a copy of the receipt from the auction house should remove this. Swift will be anxious for you to "inherit" and take over the debt so they get their fees.

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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i didnt have a copy of what he wrote down but he said table and chairs, 3 piece suite, tv, computer and monitor (very old and not worth anything) clock. cant remember if there was anything else because i was in such a panic but everything in my house i either bought second hand or was given as i moved in with absolutely nothing. i was claiming jobseekers allowance until april 2011 as my son was only in school for half days but when he was moved to an autistic school i had a few hours so i now work between 10 and 15 hours per week (only in term time as i am his carer.) i get carers allowance and DLA for him also tax credits. My son is 14 and is diagnosed with autism, adhd + socialised conduct disorder.

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I have proof that i sold the car before the offences were commited and so does the court but they told me because they have been outstanding so long, i am out of time to get them to review and i need to speak with the bailiff. The bailiff refused to speak to CAB yesterday even though she said she was acting as my representative and told me that if i didnt pay £950 they will be "returning at 1pm with a van and a locksmith and will force entry in order to seize and remove goods using the powers conferred schedule 4A domestic violence, crime and victims act 2004 and the amount owed will increase". I am really scared now as I only have an hour. Are there any forms I can put into the court that can try and stop them doing this until I can get further advice maybe legal advice? They told me they will not accept any paymant plan which CAB said would buy me a few more days.

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i didnt have a copy of what he wrote down but he said table and chairs, 3 piece suite, tv, computer and monitor (very old and not worth anything) clock. cant remember if there was anything else because i was in such a panic but everything in my house i either bought second hand or was given as i moved in with absolutely nothing. i was claiming jobseekers allowance until april 2011 as my son was only in school for half days but when he was moved to an autistic school i had a few hours so i now work between 10 and 15 hours per week (only in term time as i am his carer.) i get carers allowance and DLA for him also tax credits. My son is 14 and is diagnosed with autism, adhd + socialised conduct disorder.

 

There are insufficient goods on the levy imho to cover the debt plus fees, notwithstanding you don't owe it anyway as the offences were after you sold the motor.

 

" Back in May 2007 I sold a car through a local auctionlink3.gif house and they said at the time that I didnt need to inform DVLA that I had sold the car as it was their responsibility to inform them of the new owner. At the end of 2007 I received notification from the magistrates court that I had a number of parking fines racked up several months after I had sold the car so I contacted the court who told me to forward the sale date and the new keeper details. I contacted the auction house who told me they couldnt give me new keeper details due to data protection but would forward the relevent info to the court and again to the DVLA"

 

So Swift and the court have effectively badgered you into assuming a debt that doesn't belong to you. aAong with following Tomtubby's advice, write a complaint to the court manager, and council, and others copied to Swift, and YOUR MP, who you can contact via http://www.writetothem.com

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I have sent you a message and I would hope that the moderators would not mind this as I have noticed that 24 people are viewing this post. As a lot of people on here are aware, bailiff companies view posts on the forum on a daily basis and it would be easy for them to be able to identify your case.

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CAB have given you totally incorrect advice by suggesting that you should pay fines incurred by someone else. Just as well the bailiff refused to talk to the Cab representative otherwise you would be paying for something that you had no control over. I would contact someone senior at CAB and ask them to investigate why you were given such poor advice. This poor advice may have been given to other people who are now paying off the debts of people they do not know. We are lucky as we have had excellent advice from our local CAB.

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I suggest you follow Tomtubbys advice, after today is done I would follow Surfer01 advice CAB were wrong with advice

Edited by padja
better advice offered

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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I would hope that if Swift are viewing this and they have identified the case, they would back off rapidly, as this could become very nasty for them, as in detrimental, to their image and bad publicity, a la Rossers and their Mr Boast

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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tomtubby, i tried to send you a message but it is saying i cant send it because i don't have enough posts?

 

I think you need 10 posts to use the PM facility

 

so if you reply to this post just say thanks :lol: takes you up to 8 then thank brassneck and padja you should hit the magical 10 posts

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I really dont know what to do now. should i try ringing the bailiffs again? i know they are going to tell me to ring the attending bailiff who will just say £950 or should i go out? i'm trying to keep calm for my sons sake but he knows something is up.

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I really don't know what to do now. should i try ringing the bailiffs again? i know they are going to tell me to ring the attending bailiff who will just say £950 or should i go out? I'm trying to keep calm for my sons sake but he knows something is up.

 

 

don't ring the bailiff wait till you have enough posts to PM tomtubby then if she tells you to ring the bailiffs you ring them

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the bailiff is due here in 10 mins

 

don't panic he may not even come and if he does you do not let him in regardless of what he says

 

he will know his levy is no good

 

I thought it was 10 posts I'm not actually sure where to look but will look around and see what i can find

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