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    • please complete this:   and scan up bothsides of your NTK read upload carefully PDF only please!!   safe to ignore powerless DCA's they are not bailiffs  
    • yes ring the court and get it moved directions might stay the same though for fee/WS exchange mind.   dx   dx  
    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
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hi everyone well looks like im not the only person who got a visit from a rosendales baliff today but what happened with us was wen had moved in june n owed money from the previous year so had 3 bills i rang council after getting a letter from rosendales and the lady i spoke to said there were 2 outstanding i was sent forms set up standing orders for weekly payments i done this on 24/08/2012 and on de same day recieved another letter from rosendales just pressumed it was for 1 of the 2 i had sorted wasnt actually aware there was 3 till today wen i got an unwelcome knock my 2 year old ran out in front of me and opened the door so i gad no choice but to talk he anded me a piece of paper with my partners name on it sayin 24hrs notice before returning for £1004.31 or goods to that amount if i had that sort of money laying around i obviously wouldnt be owing on my council tax ha my partner rang him n told him we were paying it by the week baliff said he would ring council to find out rang back and thats when we found out there actually was another bill we wern't aware of n said to my partner ill be back tomorrow for money or goods and hung up im now panicking as ive got a 2yo and 9mnt old n not working i rang the council they said if its not paid tomorrow it eventually comes back to them but she doesnt know how long that takes do i just take the kids out for the day tomorrow n hope he doesnt knock when i get back or can he keep calling everyday i really dont know what to do about this n dont want to be telling a 2 yo to be quiet and hid everytime someone knocks :sad:any advice would be greatly appreciated

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Bailiffs rely on fear and intimidation

 

if the bailiff returns you do not have to answer the door to him he cannot break in kidnap the dog and take the cat

 

he has no right of entry he cannot break in keep doors and windows secure (its too cold to have them open anyway!)

 

deny him a levy hide car away anything of value in garden hide away

 

making payments direct to the council is the way forwards as you do not have to pay the bailiffs

 

eventually bailiffs will hand the case back to the council if you don't play ball with them

 

get on to council and find out how many liability orders they have


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Thank you i hate baliffs, can he go into the garden shed the lawnmower n lil lads bike and some toys are in there or can he not touch until ive agreed with it?? if i go onto the council website now and make a payment would that go in my favour the council has said we owe less than 600 but baliffs has it at jus over 1000 its so frustrating:mad2:

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do not agree with anything the bailiffs come out with do not let them have any levy

 

they do NOT need to come into your house at all not to use the toilet or any excuse he may come out with

 

Bailiffs like to charge made up fees they should be with no levy £24.50 first visit £18.00 second visit nothing more without a levy

 

bypass the bailiffs

 

sounds like a formal complaint to council needed if council and bailiffs have such different ammounts


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Think ill head for the council office first thing in the morning to complain before hes due to call n visit some friends for the rest of the day at least that way i cant fall for any of the bull he comes out with thanks a million i dont fell as worried now ive had youre advice :-D

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Find out exactly what you owe as confirmed by the Council. You need to speak to someone at the Council and ask the following questions:

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

8 - the dates & amounts of any payments


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As he appears to be charging so much you also need to know what his fees are. here's an example of what to send, use & adapt at will. Send initially by email followed by a copy in the post.

 

"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

 

Ripped off customer"


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Thanks ploddertom i will ask council tomorow and send email to rosendales now and send by recorded post tomorrow thank you

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well my council were not very helpfull but ive jus read this article below on thisismoney.co.uk can anyone tell me if the last line is true???

 

Should I let them in?

You do not have to let a bailiff into your home and (apart from special circumstances involving the Inland Revenue) and they cannot force their way in. They can only use 'peaceable means' to gain entry, such as through an unlocked door or an open window, so watch out for tricks such asking to discuss the matter indoors.

Once a bailiff has gained entry into the property, they have the right to entry if they need to visit again and also to forcibly open locked doors or cupboards. If a bailiff visits when person under the age of 18 is alone in the property they must leave. They cannot enter if a child under the age of 12 is in the house, regardless of whether an adult is present.

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I agree with PT.

Shame it's not correct thou.

 

Leakie

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Aww thats such a pity would of made this alot less stressful if it was true it would of made my day to gave been able to stand at my door with the 2 lil ones n tell him to go away:lol: Thanks for the quick replies its much appreciated:-D

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well my council were not very helpfull

 

Care to explain?


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Councils are very rarely helpful when it comes to bailiffs, as far as they are concerned bailiffs know everything and are never wrong. So will, most of the time, believe what the bailiff says and very rarely help you out or state they wont help you because it is in the hands of the bailiff.

 

Ask the council how much they do know and see them squirm.

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Hi ploddertom well the woman i spoke to couldnt figure out what was goin on when she put in the account details so sat there for 20 mins clicking a pen dont get me wrong she was nice and tryed to help i found counciltax bill 2012/2013 i have 3 in total first says im on benifits(im not) so no payment needed second i owe 173 and third is up to date one for new house we moved here in june LO is for 2011 she did tell me this was sent to rosendales in 2011 and ive noticed on paper given by bailiff its dated 10/08/2011 am not sure why we only start getting them a year later i asked her the list of question e.g how many LO's etc... looked at me blankly i said about the fee's which are almost 400 she said oh they have there own fee's i really think she knew the answers but felt she couldnt say incase it went against her.

I agree seanamarts think ill have to gain some more knowledge on this over the weekend and go back on monday i felt fobbed off in a way. I did say i wasnt refusing to pay my council tax i was refusing to pay it through a bailiff i also asked if i was to pay the arrears online what would happen she said they would be cleared but the bailiff wouldnt know tis so i would advise against it so i dont know what to do now!!

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From what you have posted regarding the council yesterday triskit, it would appear they have messed up your account completely. you can pay directly into the council using their online sysyem, and i would offer payment at the counter, if they refuse get the apparatchik on 5the counter to sign a refusal, as that will help with any Formal Complaint later. keep dossendales out ant keep any motor out of their sight and they are relatively powerless. you certainly don't have to let a bailiff in no matter what he threatens. I would follow what ploddertom has advised regarding the Acme letter to rossers and the request for information to the council in writing. Once the figures are back, Caggers can help further.


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I think you must consider involving your local Councillor(s) over this as they can intervene at the highest level within the Council. I would be very surprised if the Council do not advise their Bailiffs of any payments made as in most cases this is updated on a weekly basis - the Council should have access to your account via Rossendales system anyway. Another way of trying to sort this is to submit a Subject Access Request on the Council but this does give them 40 days in which to reply & my other argument would be why should you have to pay if they have messed it up.


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I had a reply from my Council, after 3 requests asking my Local Councillor to reply to my email and to contact me, saying that my Councillor does not deal with individual cases!

 

I think you must consider involving your local Councillor(s) over this as they can intervene at the highest level within the Council. I would be very surprised if the Council do not advise their Bailiffs of any payments made as in most cases this is updated on a weekly basis - the Council should have access to your account via Rossendales system anyway. Another way of trying to sort this is to submit a Subject Access Request on the Council but this does give them 40 days in which to reply & my other argument would be why should you have to pay if they have messed it up.

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From looking at the council tax bills ive come to the conclusion the amount owing is from april "11 to maybe november "11 i dont dispute this as there was alot going on at that time i more than likely did forget about it but as i said when i set up the standing orders i thought it was all sorted foolish mistake on my part as this was the first time dealing with bailiffs there one sheet of paper doesnt give much info i speed read most of my post with 2 kids under 3 i dont have the time to sit and scoure for info i just read council tax arrears and rang the council straight away only they said 2 amounts on the first call which are now almost finished and didnt mention rosendales i do take blame for this as i should of mentioned the rosendale letters when i rang the council.

I have checked my bill again

Date of issue:14 march 2012

charge for period 01 april 12- 31 march 13 £1038.57

Benifit 01 april 12-31 march 13 -£1038.57

for infomation only. no payment is required in respect of current year

as at 23 feb 12 your 2011/12 council tax account balance is £569.52 subject to court proceedings

 

We did claim income support from dec11 to feb 12 as my partner lost his job and i was pregnant but baby was born 5 feb and he gad new job by middle of feb

next bill is dated 09 june 2012

balance brought forward £569.52

charge for period 01 april 12 -31 march 12 £173.57

Benifit 05 march 12 -31 march12 76.29

645.81 of total is subject to court proceedings

Last bill is dated same as above but for new property and all seems fine on that one.

I know benifits work in arrears so i can only think that if we stopped in feb it wouldnt of taken affect on there system till march the 2 different totals subject to court proceedings £569.52 +£645.81 are the same period of charges just with added court fees i pressume not 2 seperate bills i 100% didnt recieve a letter from rosendales till august 12 but if i -£645.81 from bailiffs made up amount of £1004.31 they have added on fees of £358.50 yet they said they dropped off 4 letters in total i can only find 1 plus the one handed to me on wednesday can they even charge that much without ever being in the house or even speaking to someone. I read there agreement with the coucil found a file online and it does state that cases are discussed regularly so therefore the bailiff would know i have been paying and also the fees are 24.50 first visit 18.00 second but that obviously isnt the case.

Sorry for goin on and on its just so annoying all your replies are greatly appreciated my lessons learnt are never take a bailiffs word as the truth and stop speed reading the post it gets you in trouble ha

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I had a reply from my Council, after 3 requests asking my Local Councillor to reply to my email and to contact me, saying that my Councillor does not deal with individual cases!

 

I would suggest your Councillor is not fit for the job and complaint should be made to his "boss" - Leader of the Council or opposite number dependent on the political persuasion within the Council.


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I will do that, thanks

 

I would suggest your Councillor is not fit for the job and complaint should be made to his "boss" - Leader of the Council or opposite number dependent on the political persuasion within the Council.

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Originally you could have complained to the Standards Board but this was scrapped when the Localism Act came into being. Each Council should publish a Code of Conduct for their Councillors and while this in the main may deal with Register of Interest I believe what you have is neglect of duty. If he doesn't want to deal with constituents then this should be reported and would make a good story in the press.


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Sounds better and better!

 

Originally you could have complained to the Standards Board but this was scrapped when the Localism Act came into being. Each Council should publish a Code of Conduct for their Councillors and while this in the main may deal with Register of Interest I believe what you have is neglect of duty. If he doesn't want to deal with constituents then this should be reported and would make a good story in the press.

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Also forward the reply to your MP, as that is what local councillors are for they are there to deal with complaints and issues for electors in their wards. has the muppet that replied saying that councillors do not deal with individuals been on a Common Purpose act beyond authority course? As a local community councillor myself i am disgusted with this, and complaints as per ploddertom, and as I suggested MP also.


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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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