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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes 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 What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 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.  Debt Purchaser 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 -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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WindWatcher

JBW bailiff fees on unpaid parking ticket

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Hi all,

 

Thanks in advance as I always receive excellent advise from yourselves.

 

I have an Issue, a parking ticket that was registered to my car which was registered to my old rented address (I know I should have updated the address, I forgot this time) had been referred to JBW. a bailiff had attended my old address and and left a number and no letter with the current tenants, the landlord passed his number to me. I had at one stage a long time ago been aware of the ticket so cannot claim I didn't know of it.

 

He has said that I owe him the £87 which the ticket amounted to plus a further £300 for his fee! The CAB gave me the attached document to plead with the guy but I don't really know what my next steps should be. £387 seems ridiculous when I didn't know it was being referred to a bailiff until it was too late, I had moved house.

 

I realised I cannot upload this word doc which Portsmouth CAB gave me so it so it's pasted below, apologies if it's untidy...

 

Again, thanks in advance! :)

 

-----------

 

Parking penalties: civil enforcement Add to my references

 

Fees in unpaid parking penalty cases Add to my references

 

25 The fees for bailiffs in unpaid parking penalty cases are as follows:-

 

For preparing and sending a letter advising the client that a warrant is with the bailiff and requesting the sum due - £11.20

For levying distress where the sum due is not more than £100 - £28

For levying distress where the sum due is more than £100 - 28% on the first £200 and 5.5% on any sum over £200

For attending to levy distress where no levy is made - Reasonable costs, but not more than the fees that could be charged if a levy were made

 

More about levying distress

 

26 The fee for sending a letter to the client can be charged only if the letter is sent before a first visit is made.

 

27 Bailiffs are allowed to charge the fees for a maximum of three visits only. Charges in unpaid parking penalty cases Add to my references

 

28 The charges in unpaid parking penalty cases are as follows:-

 

Close possession - £5.60 per day

Walking possession - 55p each day for the first 14 days and 5p a day after that

Valuation of goods, at the client's request - Reasonable fees and costs

Removing goods or attending to remove goods where no goods are removed - Reasonable costs

Sale of goods - 15% of the proceeds of sale if the sale is held on auctioneer's premises plus reasonable costs of advertising, removal and storage. - 7.5% of the proceeds of sale if the sale is on the client's premises, plus reasonable cost of advertising, removal and storage. Where no sale takes place, reasonable fees and costs may be charged

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Removing goods or attending to remove goods where no goods are removed - Reasonable costs

 

 

that is where the fees can be added to answer your question

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Windwatcher.

 

Did JBW confirm that the address on the warrant is that of your PREVIOUS address? If so then NO WAY !!!

 

All local authorities and bailiff companies are fully aware of CPR 75.7 (7) which relates to a new address.

 

In the morning you need to call the Traffic Enforcement Centre on 08457 045 007 and wait to be connected with an operator. You need to provide the PCN number and they will confirm the address on the warrant. You may then file an Out of Time Witness Statement. The application can then be returned to TEC by email All enforcement must then CEASE until the application has been considered ( approx 6-8 weeks).

 

PS: Make sure that you have the PCN number first....

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Thanks guys, so you know; the address attended by the bailiff would have been the only one the council had and the council probably assumed I was ignoring the letters. The bailiff I suppose wouldn't have known it was the wrong address until he got there?

 

Would the Out of Time Witness Statement still apply? I'm not actually sure what that is, also as mentioned above I acknowledged the PCN early on so they know I knew of it. I paid another and got confused, then moved shortly after and they had no way of reminding me, does it still apply?

 

Thanks again guys, I REALLY APPRECIATE THE SUPPORT :)

 

andy

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Listen to tom tubby and what she says.


I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.

I now have experience with Securitas Security Services (UK) Limited and won in court against them 01/2018

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Thanks, I just thought the Out of Time Witness Statement didn't apply if I knew, and they knew I knew, of the ticket.

 

I will apply :)

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Hi all,

 

I am completing the form now but none of the 4 options apply as per my previous posts, the options are (in short) the PCN has been paid, I hadn't received the PCN, I had appealed or I made representations. Do I just tick it was not received even though I knew of the PCN? as mentioned above, they knew I knew about it.

 

I just want to be sure.

 

Thanks :)

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[ATTACH=CONFIG]40428[/ATTACH]

 

I have now received a letter breaking down the fees, also, attached is the original letter. Can anyone advise on if these should be paid? it seems extortionate :(

 

Failing that, should I still be applying for the Out of Time Witness Statement??

 

Thanks again

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I can. Just click on the first JBW.pdf to the left of "Views:" Hovering the mouse pointer over it reveals the attachment link that will be activated by clicking - that was how I found it.

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JBW are talking rubbish. Ther atr or attendance to remove and attendance to levy fee's do not count as no levies were made. I am sure c marsh is Andrew c marsh. He has worked for ccs and also jbw . Look out for him. He is big but his strength is pea sized. waller knows this. Actually to put it another way. Waller is not in control at jbw as the companies jbw have taken over in the past few years are having a power tussle and so on. If you get the drift.


I hate bailiffs. Let me know if you have had a problem with them. I am sure i could upset them.

I now have experience with Securitas Security Services (UK) Limited and won in court against them 01/2018

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I had a £30 no waiting ticket on my car did not pay and Marstons came round and added £320 and they can do that legally? I always though English law was based on being reasonable according to our laws £300 for a man to take my credit card details and then charge me a credit card fee is reasonable the mind boggles!


Lloyds TSB (SARS) request sent 9th June 2006

£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267

MBNA SETTLED IN FULL 15/09/2006 £829

Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006

GE MONEY SETTLLED IN FULL £400

Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350

Welcome Finance PPI 2 accounts one settled £1018 waiting on other

GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008

Lloyds TSB PPI CC complaint sent 10/04/2008

Black Horse PPI with FOS 20/05/2008

HFC PPI complaint sent 22/05/2008

 

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