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    • Indeed.   I was interested in his comment that one Ireland is worth six Japans in terms of exports. It's an awful lot easier to get to.
    • mm - 5x more benefit to Japan than to the UK I couldn't find that much actual real benefit to the UK, and nothing that was effectively and practically better than the existing EU-JP deal we benefited from ... to the British public   .. seems to include the future 'possible' (aka not against the laws of physics) increases in UK 'enhanced financial access (which will certainly only be allowed where Japan benefits more from them)
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      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
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      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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I had a PCN from a council for £202 for a hire purchase car, bailiff sent me a letter on March 24, 2014 for £431

 

I filed an out of time declaration because I had never received an NTO on 11 April 2014,

 

On June1 I got letter from the court TEC, saying that the council had refused the declaration.I did not recieve any letter for council or bailiffs (now called enforcement agents)

 

Today 20th June 2014, I received a call from newlyn enforcement agent saying that they have clamped the car on my drive way.

The agent said over the phone that the charge is now £666.11, which is £202 for PCN, £229.11 for compliance stage fee and £235 for enforcement stage fee.

 

QUESTIONS:

I thought i was supposed to receive a 7 days(11days including weekends) compliance letter charge....I never received this.

 

I thought the whole idea of the 7days compliance was to give me the opportunity to pay the £202+£75 and save the trouble of a visit.

I was not give this opportunity .

 

I told the EA that the car is on hire purchase and does not belong to me , that he is not supposed to clamp it and threaten to recover it. is this correct ?

 

I also wanted to find out if a car packed on my drive way can be clamped by an enforcement agent. Is my drive way not private property?

 

Since i was not given the 7 days compliance letter and hence not given the opportunity to pay the £75, what can i do to get the EA to revert back to that stage as it seems obvious they failed to send the 7days letter ...so they can get more money if they visit.

 

Any help would be appreciated

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The letter from the bailiff on 24th March was sent before the new Act came into force [6th April]. So there was no compliance stage at that time, so how was their fee of

£229.11 described in the letter?

 

Did you check with the Council to find out why they had refused your application.

Knowing that they had refused it and that the bailiffs were already in touch, it would have been better to have made some arrangement to pay at that stage?

 

It is arguable that the letter on the 24th April gave you much longer notice than you were legally entitled to and still you made no attempt to pay even now.

 

 

Now we are after the 6th April and the new Act is in force and in many ways should bring the lawbreaking EAs to a halt.

The first is that as they are charging the new fees, then they should have sent a letter giving you 7 clear days notice and charging you a fee of £75. That letter should also have included your full name and address, the details of the PCN or Court fine and a breakdown of their fees to date and advising you of fees that would be charged in the near future should you fail to contact the EA. and his contact number . Did you not receive that letter?

Second when they came and clamped you car they should have affixed a notice to it along with reference numbers and how to contact the bailiff and he should have signed it.

Did he do that ?

Third-the EA has now to work within the National Standards pertaining to the Act and no 19 states

 

Enforcement agents must act within the law at all times, including all legislation

 

If your car is genuinely on HP ie you do not own the car until the last payment is made then he cannot clamp the car. [Your car being on your premises is irrelevant]

Can you confirm that that is the situation with the car?

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The letter from the bailiff on 24th March was sent before the new Act came into force [6th April]. So there was no compliance stage at that time, so how was their fee of

£229.11 described in the letter?

 

Did you check with the Council to find out why they had refused your application.

The council did not send me a NTO and i felt i was in my right to do an out of time declaration to address the fact.....just like here again they did not send a summary of the response to OTD refusal as stated in the court letter.

The court letter says the council should have sent me a letter with a summary of their response ...which never came.The court offers that £50 for no hearing review and £155 for court hearing.So I never received the council response.

 

 

 

Knowing that they had refused it and that the bailiffs were already in touch, it would have been better to have made some arrangement to pay at that stage?

 

It is arguable that the letter on the 24th April gave you much longer notice than you were legally entitled to and still you made no attempt to pay even now.

 

I had visited the council site to pay 3 times ...but the site would not allow me , it gives an error whenever i type in the ref no, asking me to call, I called, the payment people said they could not take payment and passed me on to the parking team , another wait but the parking team hung up on me....tried the whole thing 3 times..no way....All this was as soon as i got the refusal letter from the court in by June 1.

 

 

 

 

 

 

Now we are after the 6th April and the new Act is in force and in many ways should bring the lawbreaking EAs to a halt.

The first is that as they are charging the new fees, then they should have sent a letter giving you 7 clear days notice and charging you a fee of £75. That letter should also have included your full name and address, the details of the PCN or Court fine and a breakdown of their fees to date and advising you of fees that would be charged in the near future should you fail to contact the EA. and his contact number . Did you not receive that letter?

 

No...I did not receive the letter from the EA, infact when i received a call from the EA today on hearing my car had been clamped, I thought it was a different PCN entirely as I was well aware that the regs stated i was to be given a 7 days notice period which i was waiting for to make the payment.

 

I asked the EA why I didn't receive the statutory 7days compliance notice and he was at loss for words ....at first he said he is on the road and that it is his office guys who are supposed to send the letter. I asked him to verify from his office when that 7days was sent and he could not ...he said they didn't need to send it because i had already been informed by the court of the refusal, to which I told him that did not mean I should not have been sent the 7days notice. I didnot even know how much they were charging until he told me over the phone.Then he said i should blame TNt and post office........I think they purposely didnot send it just to get me to pay the £235 and the fact they blantly increased the compliance to £229 points to that fact

 

i kept telling him that at least if I was to pay for something I should at least see the paperwork or something ...then later this night he drove to the house and horridly dropped a Notice after entry or taking control of goods on a highway etc...this time he seems to have filled all the spaces in the form.

 

 

 

 

Second when they came and clamped you car they should have affixed a notice to it along with reference numbers and how to contact the bailiff and he should have signed it.

Did he do that ?

 

No...there was a glue label with the EA logo and phone number, stating notice of immobilisation stuck on to the wind shield (by the way the label has damaged the wind shield as it seems i have to get autoglass people to remove the glue on it)

it has a date and time, a mobile phone number and the registration of the car.

It DOES NOT have the reference number of the PCN, NO signature.

 

 

 

 

Third-the EA has now to work within the National Standards pertaining to the Act and no 19 states

 

Enforcement agents must act within the law at all times, including all legislation

 

If your car is genuinely on HP ie you do not own the car until the last payment is made then he cannot clamp the car. [Your car being on your premises is irrelevant]

Can you confirm that that is the situation with the car?

 

 

Yes my car is on finance with Black horse and i do not own it until the final payment ...i tried to inform the EA about this fact but was ignored.

 

 

Please any help would be appreciated ...I would like to know what I should do next please?

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You will have to send a copy of the HPagreement to them council and Newlyn although they will contend that they can take it sell it and pay Black Horse off with any remainder. I would contact the Finance company to inform them Newlyn are proposing to take and sell their property for your PCN and ask them to tell Newlyn they would not allow that. It does seem like they are trrying to mix new and old systems so you will need to ask Newlyn for a fee breakdown.

We could do with some help from you.

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There is a misconception that an N244 has to be made within 14 days of the date of the letter from TEC. This is NOT the case at all. You can file an N244 today if you wish (you will need to outline the reason why you are late).

 

If you had not received the NTO then this is indeed one of the grounds for filing an OOT. Was it just the OOT that you had not received? Did you receive the Charge Certificate and the Order for Recovery?

 

In most cases a car that is subject to Hire Purchase should be exempt. There are many different types of HP. There is also Contract Hire which is a clear cut case of HIRING of the car. Can you check. Also, under the contract are you required to pay a 'balloon' payment?

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The Balloon payment is often critical, as it is there to allow a purchase of the vehicle at the end of the hire or lease. It exists to effectively reduce the monthy payments, and depends often on the GFV Guaranteed Future Value, terminology to indicate i a vehicles value as a trade in. Often paying the balloon is optional, and the vehicle is returned and a similar Personal Contract is taken on a new vehicle, there being no intention by the hirer to actually pay it and own the vehicle.

 

This is often described as Lease Purchase eg: http://www.prestigecarfinance.com/lease-purchase.html

 

it is problematic for EA's due to the amount of balloon being more than they will get at auction for many vehicles, Finance Companies will not lie down and take what EA's are doing for very long.

 

What sort of agreement is your car under dipobrazil?

We could do with some help from you.

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The Balloon payment is often critical, as it is there to allow a purchase of the vehicle at the end of the hire or lease. It exists to effectively reduce the monthy payments, and depends often on the GFV Guaranteed Future Value, terminology to indicate i a vehicles value as a trade in. Often paying the balloon is optional, and the vehicle is returned and a similar Personal Contract is taken on a new vehicle, there being no intention by the hirer to actually pay it and own the vehicle.

 

This is often described as Lease Purchase eg: http://www.prestigecarfinance.com/lease-purchase.html

 

it is problematic for EA's due to the amount of balloon being more than they will get at auction for many vehicles, Finance Companies will not lie down and take what EA's are doing for very long.

 

What sort of agreement is your car under dipobrazil?

 

 

I have just looked at the agreement...there is no guaranteed future value......

it reads Hire purchase at the top.

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I have just looked at the agreement...there is no guaranteed future value......

it reads Hire purchase at the top.

 

So it isd a traditional HP where the ownership transfers at the last payment. How long is the agreement and how much is left?

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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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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There is a misconception that an N244 has to be made within 14 days of the date of the letter from TEC. This is NOT the case at all. You can file an N244 today if you wish (you will need to outline the reason why you are late).

 

If you had not received the NTO then this is indeed one of the grounds for filing an OOT. Was it just the OOT that you had not received? Did you receive the Charge Certificate and the Order for Recovery?

 

In most cases a car that is subject to Hire Purchase should be exempt. There are many different types of HP. There is also Contract Hire which is a clear cut case of HIRING of the car. Can you check. Also, under the contract are you required to pay a 'balloon' payment?

 

The only statutory notice that I received was an Order for Recovery. I did not receive the Notice

 

to Owner, and that was the reason i filed for an out of time.

 

I never even got the summary for the council on why my out of time was refused....

 

as per your advice I will now file the N244 , even though it is past 14 days since the refusal

 

Car Hire purchase: There is no balloon statement here and no gauranteed future value..so what type of hire contract is that, please

 

Actions:

 

as the car is clamped at my address

- I am looking at writing to newlyn and council via fax to challenge the fact that there was no 7days compliance notice sent

and so effectively they had deprived me of the option of paying the lower £75

- That their clamp notice was not signed and has no reference no to the PCN

- That the vehicle is under hire purchase with attached agreement number

 

-I will call black horse to inform them of the incident

 

- I will also inform them that a N244 has been filed on the PCN

 

What do you guys think?

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So it isd a traditional HP where the ownership transfers at the last payment. How long is the agreement and how much is left?

 

it is a 60 month contract...I have 36 months to go .

and I have £13,512 left to pay

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Wait until tomorrow and I will provide more detail regarding the N244. It would certainly seem that your car is EXEMPT and the clamp should be removed by the bailiff.

 

I am away for the rest of the day and only have mobile phone access so I will provide more detail tomorrow.

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it is a 60 month contract...I have 36 months to go .

and I have £13,512 left to pay

If they sold the car at auction, once they had deducted their fees and the principal , then there would likely be insufficient money left for the EA to settle the HP debt, as the car would fetch a fraction of it's true value at auction especially if they don't have the keys. and a V5.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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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If they sold the car at auction, once they had deducted their fees and the principal , then there would likely be insufficient money left for the EA to settle the HP debt, as the car would fetch a fraction of it's true value at auction especially if they don't have the keys. and a V5.

 

Hmmm...so should I state this in a letter to newlyn...?

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when an EA sends a letter stating a compliance stage at the cost of £229

but they never sent the regulatory 7day notice with the fee of £75, thereby depriving the debtor the chance to pay the

£75 ...and simply goes straight for a visit....and clamping ..how does one redress this as this is a blatant disregard of the regulations....

 

what actions should one take please

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Hmmm...so should I state this in a letter to newlyn...?

No not at all, they know that themselves but hope you don't, in any case your vehicle is exempt by the look of your agreement, as allude to by tomtubby above. Tomtubby will definitely post further advice for you tomorrow, but you could phone them, hopefully recording the call, asking them to remove the clamp as it is on a HP vehicle, if they refuse you would have evidence for any complaints you may need to make later., Tomtubby will help you sort this out you are in safe hands.

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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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There is a misconception that an N244 has to be made within 14 days of the date of the letter from TEC. This is NOT the case at all. You can file an N244 today if you wish (you will need to outline the reason why you are late).

 

If you had not received the NTO then this is indeed one of the grounds for filing an OOT. Was it just the OOT that you had not received? Did you receive the Charge Certificate and the Order for Recovery?

 

In most cases a car that is subject to Hire Purchase should be exempt. There are many different types of HP. There is also Contract Hire which is a clear cut case of HIRING of the car. Can you check. Also, under the contract are you required to pay a 'balloon' payment?

 

 

I received the charge certificate and order for recovery..but not the NTO..so I never had a chance to pay at the discount rate .

 

With this refusal and the fact it is past 14days ...can i still file the N244 on the grounds of not having received the NTO.

 

Also what are the possibilities with the N244

 

if I file for a hearing and I loose what are my possible expenses.....if i win what are my possible expenses?

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Wait until tomorrow and I will provide more detail regarding the N244. It would certainly seem that your car is EXEMPT and the clamp should be removed by the bailiff.

 

I am away for the rest of the day and only have mobile phone access so I will provide more detail tomorrow.

 

Good morning tomtubby

 

I was wondering if you were able to get any more information with regards to to the N244 and whetehre the hire purchase car was exempt

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Wait until tomorrow and I will provide more detail regarding the N244. It would certainly seem that your car is EXEMPT and the clamp should be removed by the bailiff.

 

I am away for the rest of the day and only have mobile phone access so I will provide more detail tomorrow.

Hi tomtubby

 

Have you had a any chance twith regards to how I can file in a N244 ....any help will be appreciated....the car is still clamped

.what are the possible costs of the n244......apart from the £155 for the form......

 

I know if I win ....it could go back to the original cost...but what happens if it is vice versa...what extra cost will i have to pay ...and will I still pay the bailiff fees...

 

On the incident of the bailiffs not sending a compliance letter and over charging on the compliance fees...not signing and writing the ref of the pcn on the clamp notice.....what are my options....does it not make their enforcement invalid as they have not followed the regulations....how do I get redress on them not following the regulations.

 

Thanks

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Hi tomtubby

 

 

 

Have you had a any chance twith regards to how I can file in a N244 ....any help will be appreciated....the car is still clamped

 

.what are the possible costs of the n244......apart from the £155 for the form......

 

 

 

I know if I win ....it could go back to the original cost...but what happens if it is vice versa...what extra cost will i have to pay ...and will I still pay the bailiff fees...

 

 

 

On the incident of the bailiffs not sending a compliance letter and over charging on the compliance fees...not signing and writing the ref of the pcn on the clamp notice.....what are my options....does it not make their enforcement invalid as they have not followed the regulations....how do I get redress on them not following the regulations.

 

 

 

Thanks

 

 

 

Out of desperation I had to fill out a form N2 44 ....For a hearing...

What do I do do now as my car is still clamped.

I hear it might take a couple of months or weeks to get a hearing....will the car be clamped until then.

 

I would really appreciate any help or point in the right direction.

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I do apologise....I had meant to look at your posts a few days ago. I will have a good read tomorrow. If I forget to come back to you can you send me a PM with a reminder.

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