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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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    • 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.

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PCN- Bailiff pressure. Submitted TE7/TE9 and worried it may be rejected **Won**


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Please...read the LGO report and the other BPA document. When an OTT is filed I have never known a bailiff to continue enforcement BUT if he did then TEC would need to be advised and they will contact the LA for you.

 

The LGO report is vitally important.

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Re: bailiffs,

 

for instance from Monday evening, when the TEC have receieved my TE7/TE9....,what if a bailff did try to recover debts from me, what should I do in this situation? What if the Bailiffs just come to my house when I'm not in and tow away my car?

 

The way the system works is this: TEC receive your application. They instruct the local authority to place all enforcement on hold until the matter is dealt with. The local authority are immediately obliged to notify the bailiff to cease action until further notice.

 

As TT says, it is very rare for this process to fail, but in the unlikely event that it did, get on to the local authority at once and insist that they undo whatever steps the bailiff might have taken. It would be unlawful for them to do otherwise - assuming TEC have your forms and have relayed this to the local authority.

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Thankyou tomtubby, I will read the LGO report ASAP

 

Say the TEC have received my TE7/TE9,do you think I should still forward on supporting documents? When sending proof of my address etc, how would I go about getting docs to prove the date I changed my address with the DVLA? Do I need to contact the DVLA for this?

 

Forget DVLA for the moment - they are nothing to do with this. The TE7 is there for applications which are late, which yours is. It is there to allow you to explain why it is late - that's all. It's not an appeal, and you don't have to mention the PCN or anything. Just explain why it was not submitted before the bailiff contacted you.

 

I don't think it's too late, if you email something now. Make it crystal clear what you are doing:

 

"Supplementary information to include with my TE7 application, submitted by post on x/x/2013. Please add this as an attachment. PCN number xxxxxx"

 

Then explain simply what happened. You moved on x date, and consequently received no correspondence on this matter. You received no notices in the post and were quite unaware that the enforcement process was underway until the bailiff contacted you.

 

Give your new address.

 

By way of proof, I would scan something like a rental agreement or morgage agreement - just one page showing the address and date it started. Alternatively, a bank statement or utility bill dated as early as possible after the house move. If you can't do that, refer them to the correspondence you sent in at the time, which verifies your story.

 

Hopefully they will attach all this to the file, and when the local authority get it, they will see the situation.

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I have read the LGO and the BPA!!....Thankyou for sending me those. I can see the importance of them now and how the council has commited Maladministration. I will be phoning the TEC on monday to find out if my TE7 is in process yet.

 

I had an email from the LA on Friday in responce to the Formal complaint I made to them. There reply was that ultimately it was my fault as i didnt inform the DVLA. They have denied any knowledge of me contacting them, but as I suspected as when i contacted them it was already after they had sent me a charge certificate they have not even read my email and they refused to up date my address over the phone. Ive got proof of the email and ive got a telephone bill which proves that i phoned them to give my address but obviosly i didnt record the telephone converation at the time. In the letter they are also tryinmg to claim that they sent me info regarding making an application to the TEC, which is a blatant lie as i never received such things. They aslo claimed they emailed it to me and that there was a problem with the email address but its the same email they have used to contact me last friday!!!!

 

I replyed back asking what addresss was on the warrant. currently the address is now correct on the warrant but since they never updated my address i suspect they must not of done when they originally gave the warrant to the bailiffs

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i moved address in february 2012.

 

I havent actually seen the warrant. I have a letter from the bailffs addressed to my current address, which was delivered on 9 Dec 2012 saying that they have a warrant from the tec etc.

 

The council say they sent the warrant to the bailiffs on 7 nov 2012, but the date the bailiffs first visited me was on the 9 dec, which is one month later, so the bailiffs were probably given my old address previously??

 

I phoned the TEC today. They received my TE7 and it was procesed last thursday. They said that it is too late for me to forward supporting evidence regarding it as it all needs to go together at the same time. They said i can forward it to them if i want but they said it wont go togther along with my TE7. They said i can send the evidence to the council instead to help them assess it.

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When TEC receive OTT's they send an email to the LA and a paper copy of your application is sent to the LA a few days later BY POST. Trying to send supporting evidence to TEC after the application has been submitted very rarely works.

 

I would suggest that you call TEC in the morning and ask them to confirm the address on the warrant. If it is your current address, ask TEC to confirm the date that the LA applied to reissue the warrant. Please post back in the morning.

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"I would suggest that you call TEC in the morning and ask them to confirm the address on the warrant. If it is your current address, ask TEC to confirm the date that the LA applied to reissue the warrant. Please post back in the morning." I concur - and strongly suggest.

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I have just contacted the TEC today...i was ill for the last couple of days as ive been in a car accident hence the delay, ....ok the TEC confirmed to me over the telephone that the LA did contact them when they realised they had the wrong address. The TEC then authorised the reissue of the warrant on the 29th Novemeber 2012. They didnt tell me the date in which the LA requested the re isuue of the warrant and she got very angry when i said the LA had requested a re issue of the warrant!!!! shall I phone them back and get this information.

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i phoned the tec back and asked then what date did the LA apply for a re issue of the warrant. the tec said the warrant had not been re issued since 7 nov 12. i then told him that the tec had just told me that they had authorised the re issue of the warrant on the 29 nov 12. they seem to be very defensive when i ask them questions about this. ..... so i said to him what address is on the warrant currently. instead of telling which adress is on the warrant, he started asking me what my current address was. i then said to please confirm the current address on the warrant as i asked the question first and he said to me i had to tell him my address first before he could give me any information. then the line got cut off due to bad reception. I will awaite for your responce now as im really confused. The LA clearly knew they had the wrong address and they did inform the TEC of this, then the TEC authorised the re isuuse of the warrant. .....now they are telling me that the warrant was not re issued????? ...confused!!!

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My TE7 is in process. The TEC has confirmed to me that is was in process since last thursday , 4 April 13. and that the bailiffs cannot take any action whilst this is in procees which can take up to 6 weeks. phew!! I hope that my TE7 will be accepted. They also informed me that it is too late for me to forward on to them supporting documents as evidence as they have to be sent along with the form. At the time when i posted off my TE7 i wasnt aware i was able to enclose evidence otherwise I would of done. The TEC informed me that I can forward the evidence to the LA directly.

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I have done this and have been given conflicting information from the TEC regarding this. The first time I phoned then they said the TEC authorised the re issue of the warrant on the 29 Nov 12, due to the LA informing then that the address was incorrect.

 

the second time i phoned the TEC they said that the warrant has not been re issued since 7 november. I asked him to confirm to me which adress is on the warrant cuurently. He wouldnt confirm that to me until i confirmed my address first. He was like you tell me your address first!! he said he could not give me any more info until i told him what my address was. it all seemed very shady. ....i then got cut off due to bad recpetion. I will phone them back later on once ive had a responce and feedback from here.

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Ive just had an email from the LA today in response to my question of what address is on the warrant. i have copy and pasted it below as follows:-

 

The Warrant was registered to the address given to the Council by DVLA.

 

After bailiff action and confirmation that you no longer lived at the address provided the bailiff requested for the warrant to be re-issued to a different address they had obtained for the debtor and this was .......... The request for re-issue was received on 28/11/2012 and sent to the Traffic Enforcement Centre on the same day. The warrant was re-registered to the new address on 29/11/2012 and the bailiffs were informed on 05/12/2012 that the warrant was successfully re-issued to the new address.

 

Edited by shazbazz
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shabazz please delete your address from the above post

We could do with some help from you.

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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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shazbazz

 

I would suggest that you remove personal details from your email.

 

I am NOT happy as YET AGAIN another local authority have UNLAWFULLY applied to TEC to have the warrant reissued. This is simply dreadful and must be STOPPED by TEC.

Edited by tomtubby
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He was told by the LA to respond to my formal complaint, which I made to the Council 4 weeks ago. I have since processed a TE7 since then on 2 April. I dont think he is personally responsible for reissuing the warrant. he has just responded to my complaint and tried to twist everything I have said to make me look to blame, but i dont think he would have re issed the warrant.

Edited by shazbazz
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If nobody minds, I will send a PM to shazbazz as he really does need to send an email to the Traffic Enforcement Centre and hopefully this should be attached to his file when the matter of the Out of Time application is considered by the.

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If nobody minds, I will send a PM to shazbazz as he really does need to send an email to the Traffic Enforcement Centre and hopefully this should be attached to his file when the matter of the Out of Time application is considered by the.

Go right ahead TT we understand the urgency of this and the flagrant disregard of the regulations by the council and their bailiffs.

We could do with some help from you.

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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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if you can edit your post still to remove your mobile number, just in case the wrong people see it.

We could do with some help from you.

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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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ok thanks done!

Great with TT on the case you should get this sorted OK

We could do with some help from you.

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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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