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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

 

New to the forum,

 

I had a problem two years ago, i lost my job had no money coming in, and couldn't afford to pay my council tax, I informed Birmingham City Council of this problem, and told them as soon as my benefits were sorted I'd be paying what i could, it took a little over six weeks. In this time the account was passed to Equita, i phoned the council who refused to tralk to me about the issue, telling me i had to speak with the bailiff, :-x

So i spoke with the bailiff, who demanded an unrealistic amount of money up front???

I refused and have since been dodging them and refusing to speak with them. Last month I decided to do the right thing and set up a payment plan with Equita, I agreed to £25 per fortnight, (I'm still out of work and on benefits:evil:) thinking this was the right thing to do, the bailiff left and said the arrangement had been agreed. Two days later a letter come through saying that £50 a fortnight had been accepted, i tried contacting the bailiff, and tried to call the office, who told me i had to speak with the bailiff,

Anyway, today at 12:15 there was a knock at the door, and a bailiff was there, i said i had no intentions of speaking with him and asked him to leave, as i was trying to sort the problem out with the council.

He refused to leave and kept knocking my door and on the window, after opening the door the third time, i told him to leave or i'd call the police, he said "as i have a liability order against you the police won't help you", I told him to leave or i was calling the police,

The fourth time, i spoke to him through the bedroom window, i told him my partner was calling the police, within a minute he was gone. Not before shoving a letter through my box, with the typical bailiff threats. and a Notice of Seizure and inventory of goods,

 

With costs detailed below

 

Amount owed to the Council -:- £350.37

Bailiff costs -:- £227.50

 

Total Amount outstanding £577.87?

 

I've tried to make another arrangement with the bailiff for £50 per month and been told its not acceptable, :-x

Telling me i should ask family or friends for the money, or they will be back Monday, to take my goods and car.

 

I'm at a lose here, not sure what to do, or how to remove this threat/issue.

Any help would be appreciated,

Thanks in advance.

Edited by cooper28.cliff
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Right I have been dealing with this particular firm and BCC so lets start at the begining do you know how many liability orders the council has and what amount they are for?

My views are based on experience I would always urge you to do some further research and if in doubt seek legal advice.

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Right so they have a levy they can only have this on one of the Liability Orders, you need to call the council and get the dates and amounts of the liability orders. Then you need to request a breakdown of fees from Equita.Are you still on benefits? were the benefits backdated?

My views are based on experience I would always urge you to do some further research and if in doubt seek legal advice.

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if you can pay you should be paying the council

direct via your internet banking site

never ever pay a bailiff.

 

you need to do these two things:

 

start by sending this to the bailiff co. it can done by e-mail also send it to the council this will tell us when the fees were added

From:

My Name

My Address

To:

Acme bailiff Co

bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated at.

e - the date of the Certification.

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully

 

 

Also always advisable to ask the Council.

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

 

melly nice to see you helping...

 

go hammer them, you are the perfect teacher!!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks D I had a lot of good teachers.Right you can send that form via the automated questions bit on Equitas website for now and send the same thing to the CEO (who was off sick) to the council mark it as formal complaint and ask for bailiff action to be called off whilst you seek further advice [email protected]

My views are based on experience I would always urge you to do some further research and if in doubt seek legal advice.

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[email protected] it for the attention of Karen Fowler, she will respond by letterYou can also tell the CEO of BCC that your investigation includes a breakdown of the charges charged by Equita as you dont believe that they are in line with current legislation

My views are based on experience I would always urge you to do some further research and if in doubt seek legal advice.

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We need to find out what the amount you owe the council is, then we can find out what the highwaymen are charging you and look at arguments for that. if you can pay the council on their automated line that will show your willing to pay BCC put any money against the oldest debt so we need to get when the debts are for then we can help you with a template email that you can send to BCC every time you make a payment requesting what is to be paid off what.

My views are based on experience I would always urge you to do some further research and if in doubt seek legal advice.

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The Bailiff said he was coming back tomorrow to take my car any suggestions other than moving the car please?

 

If the car is still there he will take it, so I would move it

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

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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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We need to find out what the amount you owe the council is, then we can find out what the highwaymen are charging you and look at arguments for that. if you can pay the council on their automated line that will show your willing to pay BCC put any money against the oldest debt so we need to get when the debts are for then we can help you with a template email that you can send to BCC every time you make a payment requesting what is to be paid off what.

 

Did you find out this?Also did you email the ceo? Hide the car for now but the CEO's office should call you back and hold off bailiff action whilst they investigate

My views are based on experience I would always urge you to do some further research and if in doubt seek legal advice.

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Hi all

 

Right been onto the council today, found out i had three liability orders, one has been settled.

 

£376.29 - 2009

£137.71 - 2010 Settled

£350.37 - 2011

 

I've also found out that the representative i spoke to back in august to sort out this years CT, has not provided me with the necessary information.

I agreed to £35 per fortnight to help clear this years CT, after speaking with a representative today, I've found out that it was set up for £70pm,

which had to be paid as £70pm not £35 a fortnight, as the system doesn't read the payment for this years CT, but instead sends the payments to the debts with the Bailiffs??

From my point of view I've kept to the arrangement and have proof of each payment made, but they have said if i don't get my account upto date then it will be sent to the bailiffs.

Feel like banging my head against the wall, i know i messed up and i'm trying to sort my mistakes out, but if the council can't relay the correct information to me, how can i get thing right?

 

Is it worth me writing a letter of complaint, or should i just try and get upto date as best i can?

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The fees charged are NOT correct. If a levy was made upon your car, then the ONLY fee should have been a levy fee.

 

I suspect that the bailiff has attempted to charge "multiple fee" to your accounts. This is NOT permitted and this was made very clear indeed in the recent Local Government Ombudsman's Report against Blaby District Council. The bailiff company referred to in the LGO report was Rossendales Ltd.

 

How much roughly is the car worth that the levy was made upon?

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The car would have to be worth £6,000 or more as distress sale items including cars, which go through auction as seized by bailiffs with no keys or V5 fetch approximately 10% of theitr value at auction, so if it is worth less the levy is open to challenge as it may be argued the levy is soley to garner fees for the bailiff. As per tomtubby, you can use the Blaby Council Ombudsman report as the basis of a Formal Complaint.

 

It may also be worth reporting Equita, to the OFT on Credit Fitness grounds.

 

Which council is this? Ah yes Birmingham! There is an ongoing problem with Birmingham Council, and their revenues department, as they use Capita for back office functions, and guess what? Capita own Equita, so they will have a cosy arrangement to fleece debtors in place.

 

Copy the Formal Complaint to CEO, Leader, Councillor and your MP CEO: Stephen Hughes [email protected] leader Sir Albert Bore: [email protected]

Edited by brassnecked

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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I cannot tell you how many enquiries i receive concerning Birmingham ( in particular) and the relationship with Capita and Equita. I am also aware of a large number of complaints that are being made to the Office of Fair Trading and Trading Standards.

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The fees charged are NOT correct. If a levy was made upon your car, then the ONLY fee should have been a levy fee.

 

I suspect that the bailiff has attempted to charge "multiple fee" to your accounts. This is NOT permitted and this was made very clear indeed in the recent Local Government Ombudsman's Report against Blaby District Council. The bailiff company referred to in the LGO report was Rossendales Ltd.

 

How much roughly is the car worth that the levy was made upon?

 

The car is worth maybe £400, its 14years old.

At the moment i'm waiting on a letter from equita regarding the fees, i'll update as soon as there received.

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