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    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking 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.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
    • No because it's locked. You need to copy the relevant part of the questionnaire and paste it into this thread. That way you can overwrite. HB
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Car clamped after i had requested an out of time witness statement- please help


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hi,

 

please help.

 

i wrote to the council in may about a pcn that i hadnt paid due to the tax disc being obscured on the ticket when it has never been. they replied confirming that i should reply for an out of time witness statement which i did, i received this letter on the 15/6/12.

i emailed the out of time witness statement to the tec but they never received it which i didnt find out until today.

i went to the car this morning to find that my car had been clamped so i rung the tec and they advised me to resend the witness statement which i have done.

i have also spoken to the council who are unwilling to remove the clamp and have been advised by the council that it is the bailiffs decision wether to remove it and to call them, i have spoken with them and they are very unhelpfull.

i also offered to pay the original fine to the council in may but they werent willing to accept it.

 

the bailiffs are asking for a payment of £200 then £40 per week to have the clamp removed, but as far as i was aware the witness statement had been submitted.

 

i am at my wits end.

 

i have been passed back and forth between the bailiffs and swansea council.

 

i am in early stages of pregnancy and cant have this sort of stress.

 

i need my car for midwife appointments and work etc.

 

please help

 

thanks

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Sorry to hear of your problem.

 

It would seem from what you have written that you contacted the local authority very late in May regarding a PCN but by the time that you had made contact, they must have already issued both the Charge Certificate, Order for Recovery and Warrant of Execution. Was there any reason why you had not appealed the PCN at the earlier stage ( when the ticket was put on your car or at the Notice to Owner stage)?

 

When you submitted the Witness Statement by email to TEC you should have received an automatic response from them confirming that your applciation had been received. Did you receive this? Also, have you got any proof (by way of your email outbox) that the application form was sent to TEC?

 

Have you checked to ensure that you provided the correct email address for TEC?

 

From a lot of experience with such applications, when an application has been made to TEC to file an Out of Time Witness Statement that the bailiff will "normally" remove the clamp. No purpose can be gained by leaving the car clamped and in any event, a Notice of Seizure of Goods & Inventory should have been provided which would be confirmation that the vehicle has "been seized". This legal document provides that in the event that your application is rejected, the bailiff is legally entitled to return back to your property to remove the vehicle.

 

How much (roughly) is the vehicle worth?

 

Is the car subject to finance etc?

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I did not write to the council previously about this as my partner and mother in law were taken into hospital at the time and it was very serious, obviously the pcn was not a priority then.

 

they did leave me with a notice of seizure.

 

i really need my car unclamped. i have tried to set up a payment plan with them but they are very unhelpfull.

 

no finance, the car is worth about £1000.

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i sent the company an email, which they would not acknowledge. they are now saying that the clamp will only be removed if i pay £200 and that the notice of seizure does not mean they need to take the clamp off.

 

they will also not send me anything in writing that i ask for.

 

i have once again spoken with the council who advise me that they will call the bailiffs again.

 

what to do next?

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I tried to reply but it didn't seem to show, so here goes again.... The National Standards for Enforcement Agents lists pregnant women as vunerable, get your doctor to confirm you were pregnant on the date your car was clamped, inform the baliffs (in writing by e-mail if possible for evidence) and the council that this has happenened. They should have never clamped your car.

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