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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • 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 Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  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 xxxxxx. 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)     The 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 First 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.  At 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.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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hi all, excellent forum

 

apologies for a new thread, have read through a lot and not really any clearer

 

i have quite a bit of council tax owing, just shy of £3k although that probably includes a lot of bailiff's charges etc

 

i was paying 120/month to bailiffs until i lost my job in february at which point i stopped

 

am now being chased by a new set of bailiffs, i called them on monday to explain that i am still unemployed and to try and set up a new payment plan

 

the woman i spoke to said the bailiffs would have to come round and levy (?) my goods before they could discuss a payment plan

 

she said i had until thursday to call them back and agree to this, i've never heard of this procedure, is she correct ?

 

any advice greatly appreciated, i have a wife and kids here and i really dont want to live in fear of a knock at the door and strangers wandering in to take the telly away

 

many thanks

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Do NOT let the bailiff into your home. They do not need to levy on goods before agreeing to a payment plan - they say this to scare you into paying them. You can make payments direct to the council online if you need to. Which council is it? Did the council write to you to tell you they were instructing bailiffs or give you an opportunity to come to an arrangement with them before they sent to bailiffs?

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thanks, thought it seemed odd

 

its croydon council, i dont remember them telling me they would instruct bailiffs although it is possible if i'm honest. i'm sure i have lapsed payment plans with them in the past

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Which bailiff company is it?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Whatever you do DO NOT let a bailiff into your home to do a levy, it allows them to open a whole new world of fees they can add to your account. there is no law that says you have to deal with a bailiff.

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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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The very first thing that you need to do is to clal the council and obtain confirmation of the amount of the Liability Order.

 

Did the previous bailiff ever come into your home. If so, what goods were levied upon?

 

Has the bailiff ever levied upon a car?

 

Can you get details of what charges have been applied.

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thanks

 

no, a bailiff has never entered my home, previously i have just set up payment plans with them

 

i will contact the council today and clarify what i owe them, do i not have to pay all the extra charges then ?

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If a levy has not been made upon goods then the fees that can be charged are severely limited to a MAXIMUM of £42.50. This fee represent the maximum two visits for "attending to levy" (where no levy was made).

 

Please post back one you have received details of the amount of the Liability Order. It would also assist if you call the bailiff company ( before posting back here) to ask them if any fees have been applied to your account !!

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Please be aware that any certificated bailiff company holding an OFT Debt Collection Licence is required to comply with OFT Debt Collection Guidelines as well as all other legislation relating to their work. Non-compliance with the Guidelines is regarded as a breach of the conditions of the licence and can lead to restrictions being imposed or the licence being revoked or its renewal refused. Refusing payment plans proposed by the debtor, attempting to put the debtor into even further debt or making or attempting to make the debtor pay amounts they cannot afford is a breach of the Guidelines and, consequently, a breach of Licence. OFT Credit Fitness Team is already investigating a number of serious complaints against certificated bailiff companies. Any unacceptable conduct by certificated bailiffs, regardless of who they are acting on behalf of, should be reported to OFT and Trading Standards, as opposed to submitting a Form 4 complaint. As Tomtubby has said on other threads, Form 4 complaints are for serious misconduct by bailiffs.

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I would concur wil oldbill on this one as financial wrongdoings are best handled by getting them investigated by people, v like the OFT who can close them down, whilst Form 4 is reserved for the extremes where they lie to police assault a debtor, and force entry, then claim victimhood themselves, when the debtor defends themselves and other associated shenanigans.

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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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  • 3 weeks later...

update

 

i seem to be owing council tax for 5 different periods, totalling £2840.38, i am not querying this

 

whyte & co therefore send me 5 different sets of letters each time, current costs stand at £212.50 plus levy fees of £211 despite them never having put a levy on any goods, this can't be correct ?

 

i have had several letters from them, the latest saying the liability order would be returned "nulla bona" which may lead to an application for my committal to prison

 

i also emailed them saying i was willing to set up a repayment schedule and received this response

 

We are willing to set up a repayment schedule with you but only on the basis that we first secure the debt and enter into a walking possession agreement.

Contact us urgently to arrange a levy appointment.

 

any advice on my next step greatly appreciated

 

thanks again

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We are willing to set up a repayment schedule with you but only on the basis that we first secure the debt and enter into a walking possession agreement.

Contact us urgently to arrange a levy appointment.

 

I don't see what choice the council has in the matter. The council is obliged to accept whatever payment you make. I'd be very suspicious about entering into a walking possession agreement. This can only be to your disadvantage.

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They do not have to levy your goods in order to enter into a payment plan, that's what they want to do, not what they have to do. If I were you I would start paying the council direct via their website and write a letter telling them that's what you are doing as you feel stressed by the bailiff demanding to enter your home.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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whyte & co therefore send me 5 different sets of letters each time, current costs stand at £212.50 plus levylink3.gif fees of £211 despite them never having put a levylink3.gif on any goods, this can't be correct ?

 

 

no its not correct and ask them why on earth would they want to come in to levy goods according to their fees they already have one/several

Edited by hallowitch
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I would strongly advise you to check with OFT Credit Fitness Team as regards Whtye & Co's CCA Licence and whether they are properly licensed to enter into the arrangement they are proposing. You would be best doing this by email to [email protected] and insert CREDIT FITNESS into the subject box. You need to explain to OFT Credit Fitness what Whyte & Co has proposed and ask them to confirm if Whyte & Co's CCA Licence allows them to do this. If the response you receive back is that Whyte & Co are not authorised to do so, then lodge a formal complaint against them.

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i have had several letters from them, the latest saying the liability order would be returned "nulla bona" which may lead to an application for my committal to prison

 

 

In my view the clue to the next step is in this response above. They are alleging they have made a levy + the other charges they want yet they state the above which is saying they know you have no goods of sufficient value and want to return your account to the Council. AS for the threat of Committal this can be overcome simply by making regular payments to the Council.

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they are old

 

In which case they are treated as non priority debts and just pay the Council what you can afford each week....if that turns out to be £1 per liability order then that is what you pay...make sure you pay the same amount on the same day every week/fortnight/month, the threat to committal proceedings will then remain just that....a threat!!!!

 

WD

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