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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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      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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Please bare with me on this as its a little long winded.

 

As Marstons are now involved I thought it best it should be in here, if not then I am happy for it to be moved.

 

Last year before my son moved he had 2 PCN's issued, how ever this was through no fault of his own. He lived in a residential permit area and the council had not issued him with the permit which he applied for in plenty of time. As the one he was using at the time was close to running out he called the perking services and told them that he still hadnt received his permit, he was told by the parking people that he should place a note on his car explaining this until they sent out another. So this is what he did, still no permit arrived and he called again and was told to do the same thing.

 

Well unfortunately he had two PCNs, which he did not see as he was in the middle of moving at the time and PCNs dont stay on cars for very long in that area due to stupi idiots taking them off and placing them on their own cars to stop them getting any PCNs for parking where they shouldnt.

 

Anyway because my son had moved he didnt receive the NTOs to both PCNs, we only found out when a bailiff visited the present occupiers to his old address where the NTOs went to, they unfortunately didnt open the letters and just sent them back, however she got a visit from said bailiff from Marstons, Have to say at this point, bailiff was extremely rude to the lady now living there and scared the life out of her. Even though she showed her CT benefit forms which also proved she was there with just her and her baby, he threatened to return if he hadnt heard anything with regards to the my son not being there. How he was going to do this is beyond me.

 

It was only by chance that I found out about the bailiff visit, so I contacted PS and marstons to find out what the problem was.

 

I explained the situation to the parking people and they remembered my son calling and told me the that the bailiffs have been placed on hold, they admitted it was their fault, however I needed to fill in 2 sets of TE7 & TE9, which I emailed to the TEC, After many many weeks I called the PS again as I had not heard anything, neither had they, so I contacted the TEC via email and a few days later received a letter to say one had been excepted but they had lost part of the other and I needed to re issue it, which i did.

 

I called the parking people and asked if they had received any correspondence from the TEC and they hadnt, but said to make a representation and that they would cancel that PCN. I havnt heard anything from them since then, in fact I havnt heard anything from the TEC either and that was weeks ago in fact at least 8 weeks.

They have received the forms via email as I had a conformation email stating that they have them, but I have heard nothing.

 

Today my son gets a letter from Marstons stating that they are going to turn up in a few days time. As far as I am concerned the bailiffs were placed on hold until the TEC had return their verdict, so to speak, which I was fully confident would be the same result as both were identically written.

But as I have said I have heard nothing from them.

 

My son is disabled and on benefits and at the moment he is quite poorly, hence why I am dealing with this.

 

Ive written to both the parking people and Marstons explaining this situation and placed a formal complaint with the councils parking people stating that this is not good enough, the time span on this is ridiculous and there has been so many cock ups on their part.

 

I need to stop Marstons from going to my sons house, because this would put him back healthwise and he isnt a very patient person at the moment and I would hate to think what he would do if Marstons did turn up at this stage. Especially when this isnt really his fault in the first place.

 

Is it worth emailing the TEC and asking what they are doing and why they havnt been in touch as it seems from the bailiffs paperwork its the TEC who have involved the bailiffs.

 

As its Saturday I cant phone anyone as no one is open. Looks like I will be making a few calls on Monday to get this sorted ... AGAIN :mad2:

 

I feel I cant do anymore, but has anyone got anymore suggestions.. Cheers guys :thumb:

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the fault lies with the parking services, so if it is a council dept, get the local member on the case after all that is what we elect and pay them for, also send a complaint to the CEO a Formal complaint, BTW get proof of vulnerability to Marstons, and maybe email their CEO mentioning that the TEC are involved and his EA is supposed to be on hold also mention disability etc BF and oldbill definitely will have his email. You never know it might keep them at bay

Edited by brassnecked
typo

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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Cheers for that I will do..

Just done a bit of digging to see what PCN they are still chasing for and it looks like the one that they lost a part of, Ive also just noticed after sending an email to the TEC is that they have changed their email address. It dosnt say from when though, would anyone know?

 

I resent the TE7 and TE9 on the 31st of May, but I received a conformation that they had received it not that the email had changed other wise I would of sent it to the new email. I have a funny feeling that this is what has happened. I bloody hope not Grrrrrr!

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Typical Quangoistic move change email, and tell no one. If these TEC changes have led to EA's and councils ignoring OOT, perhaps the MP should get a letter

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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Thats my next move.

If they have been muppets and caused unnecessary distress with their stupidity they deserve a good tongue lashing.

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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I would start involving the local Councillor(s) over this, as far as I am concerned they can be contacted 7 days per week up until 9pm or thereabouts. If they don't like it then they should not have stood for office. Done now or tomorrow allows them to march into the Council first thing Monday demanding answers and getting it sorted.

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There is a problem with that Plodders, which councillor should I approach?

 

The PCNs are dealt with a different council from where I live. The parking, albeit are council run cover the whole of essex, its divided into two parts, north and south. I dont know who deals with the south, but its Colchester that deals with the north. Im not under Colchester council though, so I wouldnt know which councillor to use.

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Google says the South Essex parking partnership is run from Chelmsford, and their webpage says that Chelmsford City Council deals with all correspondence.

 

http://www.chelmsford.gov.uk/sepp

 

Hope that helps :)

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Marston

seanamarts - please would you contact us on our admin email address with some contact details. Marston have been monitoring this thread and would like to take a look at this case.

 

Thanks

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Google says the South Essex parking partnership is run from Chelmsford, and their webpage says that Chelmsford City Council deals with all correspondence.

 

http://www.chelmsford.gov.uk/sepp

 

 

Hope that helps :)

 

Cheers for that dragon, but im under the north, sorry I should of made myself a little clearer, but thank you for looking that up for me

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Just a little update, bailiffs have been put on hold for now.

 

I called both Parking services and TEC, have resent the TE7 & TE9 forms as they had not received them.

As for the parking people, all I can say at the moment is that Im very frustrated with them and a formal complaint has gone in, I have much to say about their goings on with regards to this but am awaiting some more info.

Im too exhausted at the moment to go on , but will update in due course :)

Edited by seanamarts
exhaustion causing repetitiveness
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A little update, and to say I am fuming would be an understatement........:-x

 

I received an email from the TEC a little while ago stating that the PCN has NOT been passed to them from Parking Partnership Colchester.

I have checked, double and triple checked that this is the correct PCN number and it is.

 

Now if that is the case then why have bailiffs been informed......... I was led to believe that it has to be passed to the TEC before any bailiff intervention can be applied.

 

This is the email I have received this afternoon;

Good afternoon,

We have been unable to process your form(s) and your correspondence is therefore returned herewith.

Please see below for applicable reason(s):

 

The penalty charge number (PCN) you have quoted has not been registered at the TEC. Please contact the Local Authority concerned regarding the penalty charge.

 

Vanessa Palmer

CAPS/TEC Correspondence Administrative Officer

 

Northampton County Court Business Centre

21-27 St Katherine's House

St Katherine's Street

Northampton

NN1 2LH

 

Now I am either going totally bonkers or someone has again cocked up.

 

Look like i will be spending more time again on the phone to people in the morning. This is getting beyond a joke

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Just a thought here, Ive just spoken to my son and he has read out the letter he had received from Marstons and it clearly says that it was Northampton County Court that had instructed Marstons to enforce this PCN, but if Northampton County Court have not had the PCN registered with them, then how can Marstons send out this letter stating that they have been instructed by Northampton County Court.

 

Parking partnership seems as useful as a chocolate fireguard and dont know who has said what etc

 

Im not going to point fingers at anyone at the moment, but someone has not been entirely truthful about this whole stupid affair. But as always the innocent are blamed and have to pay the price.

Just as I thought I was getting somewhere.

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This is becoming a complete nightmare.

 

I was told this morning by PS that IT WAS registered in September last year. So phoned the TEC and they have basically said that I have made a mistake on the PCN number.. I havnt, so have been told to email them and tell them that I have not made a mistake. Ive checked.

 

So now I have to wait until after 4 to see if they are going to look into this. :frusty:

 

More incompetence .. cany anyone get it right just for once!!!!!!!!!!!!!

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Can you scan the pcn and attach it to your email to TEC, so that they can see you haven't made a mistake, but someone else has?

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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We dont have the PCN, they were never seen, hence why we had no idea until the bailiffs were sent.

 

So where are you getting the pcn number from? I'd send whatever it is you have (with the number on) to the TEC, so that you can prove that if anyone has made a mistake, it's not you ;)

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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seanamarts

Please will you email me on our admin address please with full contact details and ref no.

Ta

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So where are you getting the pcn number from? On the Letter from Marstons

I'd send whatever it is you have (with the number on) to the TEC, so that you can prove that if anyone has made a mistake, it's not you ;)

 

Oh the TEC have made the mistake this time.

I have to say that Marstons are not the ones at fault this time, have to say that have been more than helpful. Credit where credit is due.

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seanamarts

Please will you email me on our admin address please with full contact details and ref no.

Ta

 

Details were sent the other day BF, I have just been informed by Marstons that the council have now requested the warrant be sent back to them. :)

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I give up, if i dont have a stroke or heart attack over this I will be very surprised.

 

It looks like no one reads emails at the TEC.

I have just had to send, for the 3rd time today copies of the TE7 & TE9. I have double triple and checked these forms more times over the past three days than I have taken breaths. There is nothing wrong with the forms, they are identical to the other forms that have been accepted.

 

All I am getting back now is, 'here are the forms you requested' I DIDNT REQUEST ANY FORMS!!!!

 

Is there anyone I can get some attention from with regards to these Cock ups by the TEC. They have decided not to give me any info now as they have no record of the authorisation that was sent.

 

Has the heat got to peoples brains??

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Excellent seanamarts, hope they called Marstons off at the same time.

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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