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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

me and my wife are having major problems with the local council

and they relate to parking fines from last year.

 

Last April we had a knock on the door from a Bailiff from Rundles & Co,

he looking for my eldest lad who doesn't live at home,

 

I told him this but he wouldn't accept this and

 

in the end I asked him to leave my property and not to return or he would be arrested for trespass,

he said he wasn't going so I called the police, he then left.

 

I contacted my Eldest lad who contacted the Local council and got a sum total for all the fines and late payments that needed to be cleared and

 

the day after the visit from the Bailiffs the total was paid by my wife and we have a receipt to prove.

 

3 months down the line and I received a fine at my address in my sons name for a car that had never been registered at my address,

 

I contacted the local council once again and

all I got was that they get all their info from the DVLA and that's where the car is registered,

 

I then contacted the DVLA in writing and a week later I got confirmation that the vehicle had never been registered at my address.

 

I sent this proof of to the parking dept and heard nothing,

not even an apology although I did ask where they got their information from because it was obviously not the DVLA.

 

Fast forward to 5 feb this year and

another Rundle bailiff turns up at my address looking for my Eldest lad,

that hasn't lived at home for well over a year and has had no cars registered at my address

since the trouble last april, he is not even down on the electoral roll.

 

They are now chasing him for fines from last year ( fines that were cleared / full and final settlement ).

 

The problem is

They keep turning up at my address and its causing quite a bit of distress,

 

Apparently the only way I can prove he doesn't live here according to the parking department is to tell them where he is living,

even if I knew this I wouldn't tell them.

 

I did put a complaint in to the parking department via the local town hall

but all I got back was a letter saying that no such sum of money had been paid last year (even though I have the receipt)

and that mine and my wifes attitude and behaviour towards the Bailiff and Rundles had been far from exemplary.

 

..wtf a trumped up little public servant trying to tell me how to behave on my own property.

 

I need to take this further but really need to stop the harassment, where do I go from here?

 

Thanks.

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CEO of the council concerned.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What has your son been doing all this time?

He's got a vehicle registered at DVLA in his name,

he's become liable for PCNs incurred by someone else,

he's got your address alongside his name,

which is causing you distress

- why doesn't he sort it out?

What's he got to say about it?

 

There's no point you complaining to the council

- he's the debtor,

DVLA are in error

- he needs to contact them, and also

file a statutory declaration contesting the bailiff warrant

(which might be quite a lengthy process for him) and after all that,

 

formally contest liability with the council for the original PCN.

 

He is in debt over this and

they are seeking to take his property,

if he has some at your address.

He should be on here,

not you!

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There is every point in complaining to the council the debtor does not live at your address

The bailiffs are the councils agent and acting on there say so council are liable 100%

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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The fines were all paid in full last year,

 

He has had no vehicle registered at my address since last april

 

I have the letter from the DVLA to prove this,

 

he has registered his car at his own address

and is also on the electoral roll there.

 

One of the fines in June last year was for a car that had never been registered at my address

although my son had once owned the car it had not been owned by him at the time of the offence,

yet the fine still came through to my address and in his name??

 

He has no property at my house, why would he?? and

as far as im concerned now the Bailiffs have no right to come onto my property in regards to this matter,

 

I will be putting that in writing to them today,

 

I have just contacted the local councillor who has informed me she has had a lot of complaints regarding a couple of individuals

at the parking department and she is taking the matter up with the CEO,

 

(Thank you dx100uk).

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They are entitled to call - that's their job.

 

It's not unreasonable to assume he may have property there,

if that address is at all connected to his name,

and if your wife paid off his fines last time.

The bailiffs will want to know if the son has property there,

and they are legally entitled to try and find out.

 

When you got the original PCN notice, it was addressed to your son.

What should have happened is that either you returned it to the council as "not at this address"

or you passed it on to your son to deal with.

 

As it is, the debt stayed live on the council's system and now it's at the collection stage.

 

You can understand that if your wife paid off some fines before,

they are likely to regard you as their main route to getting payment this time

and will chase the debt at your address unless you give them your son's.

 

Your son can sort this out if he wants to.

He needs to file an out of time statutory declaration,

but as the debt is his, not yours, he will have to do it.

 

If I were you, I would be telling him in no uncertain terms to get it sorted out now.

 

He could start by posting on here for some advice.

 

This isn't something you can really deal with,

unless you are willing to pay again.

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The Bailiffs have now been told by the legal department of the council not to call at my address,

the fines were paid last year and

 

they have been trying to collect a charge for a car

that was not in my sons ownership at the time

nor was it ever registered at my address,

 

I have no idea at all how this came to be

other than to say the parking section of my local council are a law unto themselves,

looks like someone might be in a bit of bother :)

 

Its strange how everything we said to the parking dept seemed to go in one ear and out of the other,

 

As soon as the local councillor contacts them they listen.

 

 

@Jamberson - They are not entitled to call,

I revoked that right after the first visit,

it was stated that my son does not live here

and there is nothing belonging to him at my address,

we did return the tickets marked "not at this address"

but they still kept coming,

 

my wife paid the total of the fines while my son was present

(he had to be there to get a complete figure because of data protection).

 

@green_and_mean I made no assumptions,

I had all the paperwork in front of me,

the council and Bailiffs would not listen

- I probably didn't convey thing on this forum as well as I could have.

 

 

Thanks for the replies

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With all due respect when you deal with Rundles, aka Bumbles, you may as well talk to a cat,

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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If you want advice on your thread please PM me a link to your thread

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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you cant remove right of access

be very careful of rubbish on those FOTL sites.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If there's nothing of his at the address, ultimately the bailiffs are wasting their time. But you can't instruct them not to call at the door.

 

I am slightly confused because you said in your first post, "the day after the visit from the bailiffslink3.gif the total was paid by my wife and we have a receipt to prove. 3 months down the line and I received a fine at my address in my sons name for a car that had never been registered at my address,"

 

If I understand correctly, some fines were paid and then another one arose, which hadn't been paid. So, it's a live debt. Isn't your son bothered? What will he do if they catch up with him? He could get this sorted out if he wanted.

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What you son could have done here was to file an Out of Time witness statement but thankfully the matter appears to have been sorted out with the intervention of your Councillor.

 

This is an important point and one that the public need to know about. The vast majority of the public are unaware of the important role that Councillors play and many times (in particular when there are cases of vulnerability) Councillors have a direct route of getting problems solved and can arrange to help cases on hold etc.

 

Unfortunately your wife's 'kindness' in paying your son's debt was not a wise choice. This same situation happens very often ( and in particular with court fines) and the problem with parents paying their son or daughters debt is that bailiffs will know from the case records that they need only to put pressure on parents to get payment.

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