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    • 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 If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 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 756050. 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)     Thw 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 Firrst 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.  A 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.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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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.

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Help me help my neighbour plz ( urgent bailif turned up at half 6 )


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Hello ppl its been a while after a house move and stuff but back in 2010 you all helped me fight a bailiff that assaulted me. Tonight my neighbour got a shock when a bailiff walked through there door at half 6 he has gone round the house after a officer allowed him in and stood intimidating a woman while 2 kids sat crying and shaking. I intervened told them it was against all rules to turn up after 6 they said the notes i had where dated from 2010 so counted for nothing. Have these changed? i picked up one of the children 4 yr old and she was shaking like a leaf i went to door told them it was time for him to leave there was a child in extreme distress they asked him to hurry and they did leave but after telling me i was not involved and could say nothing i then informed them to contact there inspector murry the officer who reprimanded 11 police officers for bringing a bailiff into my home

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Communities SecretaryEric Pickles said:

 

"It is unacceptable for councils to employ burly bailiffs with

heavy-handed tactics like kicking down doors, making phantom visits or

charging excessive fees it is unfair and damages a councils

standing in the community.

 

Today our new guidance is crystal clear: it is time to stop the dodgy

practices where town halls collect contractual kickbacks from bailiffs

that will do almost anything to make money."

Read more[http://em.jumbomail.org/link.php?M=1359155&N=594&L=951&F=T]

 

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bailiffs can knock a property between 6am and 9pm

 

 

There is a difference between knocking on the door and what the OP has described above ?

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The times quoted have been around for a long time and originally came from the intial National Standards for Enforcement Agents.

 

What was the Bailiff there for & why were the Police in attendance?

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Hiya police where there as the bloke was gonna throw the bailiff through the door, It's for council tax i no when i had the trouble i did the rules where that they where not allowed to turn up before a certain time and after 6pm i dont no a great deal more will find out this morning if there was letters sent and so on i just want to be able to give them some basic info bailiff was very smug and up himself they did not like that i went in and made him feel so small the fact that there was a 4 yr old shaking like a leaf and crying and a 10 yr old sat in a ball in her room rocking and crying has really annoyed me

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A bailiff can indeed attend a debtors property after 6pm and the guidance given under the National Standards for Enforcement Agents is 9pm.

 

I cannot see this changing given that if a person is in employment, he will most likely return home after 6pm.

 

PS: I am sorry to hear of your neighbour's problem and sadly, complaints against bailiffs are at an all time high. Local authorities are not a lot better !!!

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I am sat with the inventory the bailiff left i no from my own experiance how some things can and can not be listed is it still the case that they can not list items that are on finance ? and that if it does not amount to cover debt and costs it voids the levy also on this there is no first or second visit fee just a levy fee of £56 and walking possession fee of £12 dont they have to go through 1st and 2nd visits first ?

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They can levy on first visit, but cannot charge for a visit fee and a levy fee on the same day.

 

Items on finance shouldnt really be placed on a levy, however I think it all depends on what finance it is and what the item is. It can be challenged.

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The item on finance is a tv also the sofa they have put on it does not belong to her which they where told and they have proof they also have a disabled child who would needs use of at least 1 item on this list

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Also just gone to the bailiff register and i can not find his name on there it lists his signed name as [EDIT] from marston bailiffs the only ***** thats showing is a a one working for rossendales

 

 

levy items are

1 slinding wood black unit

1x 50" samsung tv and remote

1 samsung dvd player

1 black glass tv stand

1 black wood wall mirror

1 black leather + fabric 3 seat sofa

1 black leather and fabric 2 seat sofa

1 qty of dvds

 

thats how its listed on the inventory

 

i do not no if proof was show but i was assured he was told of the tv and the soaf not been owned

Edited by seanamarts
Removal of bailiff name
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Tonight my neighbour got a shock when a bailifflink3.gif walked through there door at half 6 he has gone round the house after a officer allowed him in

 

can you explain what happened before the officer arrived ?

 

 

can someone tell me if a debtor refused a bailiff entry to their property (council tax and their was no previous entry)and the bailiff used the police to gain enter to debtors property to levy goods

would this still be classed as peaceful enter therefore the levy would be valid ?

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Hiya hallowitch the bailiff was sat in his van he was seen on my driveway before entering next door he watched the kids come out onto garden then just walked through into the porch where he was greeted by the girls bf who gave him a shock and warned him no further told him he would remove him this is when police where called he cowered in the portch way till police arrived making allsorts of threats which i no to be lies but they didnt when i over herd it was council tax i stepped in to tell him what i thought from my fight to still be true the police refered to it as the bailiff acting on a warrent which i no it is not its a liability order only 1 previous had delivered letter no attempt to knock on the door or make contact that way no previous entery either what has annoyed me is the kids that where sat shacking and crying and they did not see this as children in distress the 10 yr old was sat in a ball rocking shaking and crying the younger one tried to run ive never known a child shake so violent with fear and the police thought she was ok

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Looks to me to be an invalid levy.

 

I would get them to place a complaint with the council copying it to the bailiff company.

 

I would send some proof that the TV is on finance and as for levying the sofa's, well thats just being pedantic, possibly hoping that no one realises that he cannot take them anyway.

 

other items wouldnt cover the bailiff fee's let alone the debt.

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Ok thats somewhere for me to start with them they tried to say they would just go ahead and pay it through them its took some convincing that the bailiff was in the wrong i knew somethings had changed since you all helped me with my fight so really needed to check if i can help anyone with these bullies i will

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its not just the levy fee and WP fee as you know a van/attendance fee will be added to this debt

 

I would hang on before writing the e-mail/ letter of complaint (wont get till Tuesday anyway)

 

I would like to find out for sure if a bailiff enters a porch (bearing in mind the front door is locked preventing them going into the house) if this would be classed as peaceful entry into the property therefore giving the bailiff the right to call the police to help him get into the house to levy

 

I believe once a bailiff is in a house he can break into a locked room but if the police hadn't arrived and allowed him in could the bailiff have legally broken down the door/ called a locksmith to gain enter into the house

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Also just gone to the bailifflink3.gif register and i can not find his name on there it lists his signed name as [EDIT] from marston bailiffslink3.gif the only ***** thats showing is a a one working for rossendales

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?377382-Certificated-Bailiff-Register-Updated

you need to send an e-mail here [email protected]. uk and ask if he has had a change of employer it may be that the register has not been updated

 

you could also e-mail the issuing court to see if he has changed his employer

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I have sent the email so should find out soon i will hang back a little and see what happens next i have told her to pay what she can via council so fingers crossed i can get them some answers in the mean time

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