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    • 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.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
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Advice Needed - Distress Warrant and Bailiff Fees


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Hi everybody, I'm new here.

 

I had a court fine dating back to 2009, and I had been paying it back until 2010, when I stopped paying due to financial difficulty. The fine relates to a road traffic incident.

 

I got back into contact with the court in September 2012 and they wanted the full balance of £340 paid there and then, they stated that I hadn't paid in a long while, which I appreciate, but I couldn't pay in full then. So I wrote to the court asking for some time to get together the money and was trying to hold them off.

 

I finally had all the money together around Christmas, this being at the same time I received a letter from a bailiff company, who wanted an extra £300 from me.

 

I paid the bailiff £350 earlier this month with an agreement to pay off the remainder in a couple of weeks, but I have since found out about bailiffs being unclear about what they are charging for. They have added £300 to the balance, making it £640.

 

I don't have the initial letter from the bailiff, but in a follow up letter, they say that they will add £215 to my account for a 'field visit'.

 

However, I've read somewhere that they can charge £85 for a letter and £215 for the field visit. This equals £300. Is this true? If so, how would I go about only paying what I truly owe? I want to clear the debt, but paying less would help me out greatly.

 

I've read that they can only charge reasonable fees for the work they carry out. Does £300 constitute reasonable?

 

Please help in whatever way you can, sorry if this is unclear, it is somewhat rushed.

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Sorry, reading back on that, the figures may be confusing.

 

The balance on my original debt stood at £340.

The bailiff added £300 to the debt, making it £640.

 

I believe the £300 is broken down to £85 for a letter and £215 for a field visit as I have read.

 

The balance with the bailiff currently stands at £290, having paid £350.

 

Thanks Honeybee.

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I did hear that the fees charged are set on a local scale between the magistrates and the bailiff and to phone the magistrate to find out what these fees are, but having done so, the magistrates told me they cannot dictate what the bailiff charges as they're a private limited company and that would be "unfair", they also said that there is guidance, but whether the bailiff follows that guidance is up to them.

 

So basically, the court are pushing me into the hands of the bailiff, and I can guarantee what they will say if I need to phone them.

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For Magistrate Court Fines there is an agreement between HMCTS & the Enforcement Agencies for them to add £85 as an initial admin fee for each case they take on, if they make a visit to you they add an extra £215 - no visit no fee. Any monies you pay must pay your fine first with the Bailiff getting paid at the end. As they have not yet made a visit then all you should owe at present is £75.

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Thank you Ploddertom,

 

And with the Magistrates denying this is the case, how would I go about only paying £75 and them accepting this is the case?

 

Do I need to take a firmer stance with the court? Don't really want to contact the bailiff until next week (When I can pay the balance) as despite having an agreement to pay at a later date, I don't want them getting on their high horses, making a visit and charging the £215 'because they can' if you know what I mean.

 

What are my next steps?

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There is another scenario to this.

 

The agreement on charges is only between the Bailiffs & the Courts. You could therefore ignore the Bailiff - the fine is now paid in full and he may find it hard to enforce for his fees alone. Or keep schtum and pay the balance of what is left owing when you have it.

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Just been in contact with the bailiff and they say the court are aware of their fees, so the court lied to me.

 

They also said that the £215 was charged because they made a visit to a property I left in September 2011, and they made the visit in October 2012. They got the address from the court, but on their website, they say that the initial £85 covers 'tracing'. May I also note that the court had sent little postcards saying they know where I am to my current address.

 

So they have made a visit, but to a property I haven't lived in for well over a year, and I'm on the electoral role.

 

They did say that I could challenge the £215, but what is the liklihood of that going my way?

 

It's all a bit messed up. Sorry about that.

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Just been in contact with the bailiff and they say the court are aware of their fees, so the court lied to me.

 

They also said that the £215 was charged because they made a visit to a property I left in September 2011, and they made the visit in October 2012. They got the address from the court, but on their website, they say that the initial £85 covers 'tracing'. May I also note that the court had sent little postcards saying they know where I am to my current address.

 

So they have made a visit, but to a property I haven't lived in for well over a year, and I'm on the electoral role.

 

They did say that I could challenge the £215, but what is the liklihood of that going my way?

 

It's all a bit messed up. Sorry about that.

 

If that is the case I would be tempted to tell the Bailiff a phrae he is quite used to hearing!

 

Remember Lesson No 1 - Bailiffs Lie - then go to Lesson 2

 

Lesson 2 - go to Lesson 1

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Can the bailiff charge extra fees from now on even though I've paid them an amount which exceeds the original court fine?

 

He will no doubt try but in my view as the fine is now paid - have the Court informed you that they have received their monies from the Bailiff - then there is nothing he can hold against you as a lever.

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Thanks for the excellent advice so far Ploddertom and it is very much appreciated.

 

So if I pay the extra £70ish which I believe is all I should reasonably owe now (For the first stage of the distress warrant = £85) and write a letter explaining why (Court sent them incorrect information, even though court knew my new address) I wont be paying and write a letter following a similar tone to the court, explaining their mistake which led to the £215 charge, is it likely that the £215 will be waivered? Honestly, this isn't my fault and I smell wrongdoing on the part of the court, who have, in kind words, been very difficult to deal with.

 

All I want to do is sort this and to be perfectly honest, it's not how I ever imagined, but the bailiffs have been more reasonable and helpful than the court fines department.

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the courts give the bailiff company all the infomation on debt, cost, address so you should ask the court those questions

 

85 admin includes trace and other assosiated costs in administration

 

however if a visit has been made to the property on the warrant of distress to an old address, the 215 will be added, its up to you to argue with the court proving you gave the court your most current address for them

just changing it on the electorol role is not enough

did you inform the court?

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I informed them in a telephone call that I no longer lived at my old address (Whether I gave my new address, I wont lie, I don't know) but the court already knew my new address, so I may not have told them over the phone on the presumption that they had been sending me little postcards to my new address for a couple of months before I phoned, reminding me of the debt.

 

Will that be good enough?

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  • 2 weeks later...

An update on my situation.

 

I've been to the CAB office (10 days ago) and they've written to the bailiff who want the money today and have been hassling my partner. The bailiff haven't yet responded to the letter from the CAB.

 

Today, I phoned the court to ask whether my money had been received (It has, in full) and I went on to ask what address they had for me.

 

The lady at the court responded by saying they had my new address in June (Court passed on to bailiff in September) and they gave the bailiff my current address. She added that the bailiff changed my address to my old address and only changed it back in December. Therefore, from my point of view, this is at the very least, an immoral practice to extort more money (Charged £215 for a visit at old address) from me. Going to the CAB office to explain the new circumstances and try and speak with the bailiffs from there.

 

Ohh, I forgot to add, I recorded this latest information.

 

What do you think?

 

I'm considering writing a lengthy letter to my local Trading Standards informing them of what has gone on. Other people will have been duped into paying more given this practice.

 

Is there any way they are going to get me to pay this disputed £215 now?

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I don't think that Trading Standards will touch it. These bailiffs will be contracted by the courts to collect the fines, so you should make a complaint to the court manager responsible for the bailiffs in the first instance. It is up to them to make sure bailiffs don't employ dubious practices to increase the fees. As they have tried to collect a fee for a visit to an old address, then they can forget about that one. They will probably say it was an innocent error and they will waive.

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An update on my situation.

 

I've been to the CAB office (10 days ago) and they've written to the bailifflink3.gif who want the money today and have been hassling my partner. The bailifflink3.gif haven't yet responded to the letter from the CAB.

 

 

they cant respond, under the DPA, unless you in writing or on a recorded phone call to them, give an express3rd party authorization to a named person at the CAB

 

Is there any way they are going to get me to pay this disputed £215 now?

the debt will be passed back to the court as unenforced in full as the full balance has not been paid with the balance of £215 i think you said

the courts will make a decision on weather to re-issue a warrant for this amount, and it is proberbly very likely as the courts have their money but the contrator to the court has not, the courts dont like this, weather the fee has been applied rightly or wrongly is a different matter and you would have to make representations to defend yourself in court

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Thanks Unclebulgaria,

 

Considering I'm waiting back on a response from them, can they take any action whilst it is in dispute? Also, can they come around and charge me £215 again for doing so, considering the fine is paid?

 

Sorry about this. Your help is much appreciated.

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