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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 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.
    • 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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      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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Hi,

could do with some advice here on council tax, and Equita.

 

On the 19/05/2015, I received a letter from Equita. A liability order was issued by the court for non payment of council tax due to the council.

Contacted Equita and arranged to pay £47.72 per week, to clear the debt. Which I was informed would need to be cleared within 6 months. The debt is made up from the following;

£1270.51 council tax,

£75.00 compliance stage fee,

£1345.51 Total.

For the year 20013 to 20014.

 

On the 14/08/2015, I received a letter from Equita. A liability order was issued by the court for non payment of council tax due to the council.

Contacted Equita and arranged to pay £70.03 per week, to clear the debt. Which I was informed would need to be cleared within 6 months. The debt is made up from the following;

£849.30 council tax,

£75.00 compliance stage fee,

£924.30 Total.

For the year 2014 to 20015

 

I owe council tax for both the years in question, and do agree to pay them.

I was informed by the council, court of both debts, and did have time to contact the council, so this is my fault. During the two periods I was working and could have paid the council tax.

 

The issues I have are;

1... As a single person, I should only have to pay, “single persons council tax”. Which means the first court order of £1270.51 is wrong and should be £849.30.

2... I have started a new job and my take home pay is £800.00, per month. After rent, I have only £400.00 to pay living costs and the two above debts.

 

I phoned up Equita today to pay £119.88, for the first debt. And £70.03 for the second. Which is all I can afford each month. The person on the other end said as I could not pay £190.88 ( £47.72 x 4) per month for towards the first debt of £1270.51, he would have pass the file on to an enforcement agent which would add further charges, and may result in losing goods.

The second debt of £849.30, will be cleared within 6 months at a rate of £70.03, and is acceptable.

I need advice on what to do next, or what I should do. Thank you.

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opps the usual equita/capita stich up job...

 

 

have you actually spoken to the council not capita about this?

 

 

dx

 

 

 

 

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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have you queried the incorrect tax and is the other one based on single persons ?

 

Will try and find someone who can help.

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No, I have not spoken to the council about either of the two issues. The first council tax calculation is for a couple. I did go to court about this, and spoke to an officer prior to the judgement. He did confirm I should be getting a single person rebate and should only have to pay a reduced amount. But the order went through for the full amount.

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No, I have not spoken to the council about either of the two issues. The first council tax calculation is for a couple. I did go to court about this, and spoke to an officer prior to the judgement. He did confirm I should be getting a single person rebate and should only have to pay a reduced amount. But the order went through for the full amount.

Send in a Formal Complaint to CEO, Elected Leader and MP, and demand they recalculate the amount owing to include the single person discount. Other Caggers will offer other advice also.

We could do with some help from you.

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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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Complain is the first thing to do

There are millions of liability orders issued each year

 

If it comes to a bailiff attending your address you do not need to let them in

They can not kick the door in use a locksmith push past you or any of the other threats they come out with

 

And no arrest

Any car sitting on the driveway or goods of value outside will be at risk

Many councils do like the debt to be paid back in the same financial year but it is not always the case

 

I have been there and still paying a debt back of around 2grand at £50 per month then they want a lump payment in 12 months of all the debt but that will be paid monthly once I tell them so!

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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Sounds to me as if Equita are determined to engineer some sort of default whereby they can then charge an extra £235 and subject you to the hassle of a visit.

 

 

On top of which they seem to be making unrealistic demands for payments that may cause you further hardship either now or in the future.

 

 

As others have said it will be in your interests to make a complaint about their stance and would pay to engage your local Councillor(s) to speak on your behalf.

 

 

It could be worth suggesting you would be willing to subject yourself to an Attachment of Earnings for both debts if the Council will take it back from the Bailiffs.

Please consider making a small donation to help keep this site running

 

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The council tax office should be able to send you the forms to claim the reduction for single occupancy and for claiming CTS if you are eligible.

 

 

It beats me why you have left it so late as they may not be able to backdate.

 

 

That would be worth an appeal as you did point out to the court that the order was defective

but as you hadnt informed the council of your right to the discount they could do little to help.

 

 

However, it does provide a date for application of nothing else.

 

 

get the discount backdated and cause them problems with the calculations and true debt.

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Just to clear up two issue;

 

1...The first judgement issued against me for £1270.51 council tax, For the year 20013 to 20014.

I did attend the court and spoke to one of the council officers prior to the hearing.

 

 

During that discussion,

I pointed out I was single and he recalculated the payment due.

In fact we joked about it, “wow, we already saved some money”, or some passing comment.

 

 

there is no worry about it being backdated.

The payment was reduced to a single persons council tax.

He also made it clear the judge will issue a judgement, so their would be no point in staying, so I did not stay for the hearing.

I'm fairly certain the reason the order was put through is a simple mistake, ill get on to that and have it corrected.

 

2...As I have just started working for this company, I thought it strange I would be paying £500.00 a month in tax.

Well it turns out, the p45 I gave to the company had a tax code of “0T”.

Why no one at the company looked at the code and thought, £18k a year and no taxable allowance,

 

 

lets give him a call and check, just in case.

Is totally beyond me.

Probably the same person who failed to supply a pay slip, until I kicked up about it.

 

got a letter form Equita Saturday (dated 1/9/2015),

notice of intention.

Relating to the second judgement;

£849.30 council tax,

£75.00 compliance stage fee,

£924.30 Total.

For the year 2014 to 20015

 

The letter goes on to say “blar, blar, blar, we therefore require the sum of £811.80”.

 

on the 1/9/2015 I contacted Equita and arranged to pay £70.03,

the first payment I made on 1/9/15, last week. I made the payment over the phone. I checked all the ref numbers I have the correct debt.

So £924.30 - £70.03 = £854.27, but they want £811.80.

 

ill do as you have suggested, complaint and recalculation sounds good.

 

If they take my car, I wont be able to get to work 20 miles away at 04.00am.

Be really cool to contact the council guy I met at the court hearing,

informing him of my unemployment and ill only be able to pay £1.00 a week from my government handout

 

 

, Oh and your going to have pay my rent and council tax from now on.

That would be funny,

 

 

lets hope it does not go that way.

i can never get my head round all this, but i do write every thing down. I have the name of the person i spoke to at court and his tel number with ext, i put it on the summons. Another thing i have around 50 letters about debt from Equita, I get about 10 a week, ill send them in with the complaint.

Edited by pinkbeef
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You should not delay sending the letter.

 

You state that you have received two Notice of Enforcements (one dated 19th May and 14th August). Can you posts back to let us know the dates that are given on both letters for when payment must be made by.

 

PS: I am unsure from your latest post whether or not the council altered the amount of the Liability Order on the basis that you had stated that you should have been entitled to single person discount. I would be very surprised if they had done so as the council would need to first have a signed declaration from you.

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Hi,

The first liability order for the first debt of £1270.50, was issued by Coventry Magistrates Court on the 16/04/2015.

and it relates to two years of council tax,

the years in question are;

29/04/2013 to 31/03/2014

01/04/2014 to 31/03/2015

 

Looking at the amount I may have been given the single persons rebate for both or at least one of the years.

Ill have to check this.

 

The second liability order for the first debt of £849.30, was issued by Coventry Magistrates Court on the 08/07/2015.

and it relates to two years of council tax,

the years in question are;

01/04/2015 to 31/03/2016

 

I may have got some facts wrong,

ill have to confirm the single persons allowance and what it is.

Will get back to you.

 

 

Cant find anything on the net about it, yet.

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For the first debt of £1270.51.

The notice of enforcement was issued on 11/06/2015.

I was given the date of 19/06/2015 to pay or agree to a payment plan.

 

For the second debt of £849.30.

The notice of enforcement was issued on 30/07/2015.

I was given the date of 07/08/2015 to pay or agree to a payment plan.

 

I did not know I had the second notice of enforcement, it was mixed up with all the crap sent by Equta. When I get home from work and see 20 envelopes on the door step, I open one if its from Equita and all the envelopes look the same I throw them in the pile. But I have opened them all now. All 79 of them.

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I just phoned Equita, to ask for some information.

 

It now turns out the two separate payments I made one for the first debt and the second payment for the second debt,

wore both used to pay the first debt, so the second debt has now been passed to an enforcement agent.

 

 

Who can now enforce both debts. Man I'm getting annoyed with this, you try to be nice.

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For the first debt of £1270.51.

The notice of enforcement was issued on 11/06/2015.

I was given the date of 19/06/2015 to pay or agree to a payment plan.

 

For the second debt of £849.30.

The notice of enforcement was issued on 30/07/2015.

I was given the date of 07/08/2015 to pay or agree to a payment plan.

 

The regulations specifically state that the Notice of Enforcement MUST provide the debtor with at least 7 CLEAR days before being passed to an enforcement agent for the purpose of taking control of goods. All enforcement companies (with the exception of Equita) are abiding by the recommendation of their trade association (CIVEA) to allow 14 days from the date of the Notice of Enforcement for a payment proposal to be agreed etc.

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This not the first time this has cropped up with Equita & very much doubt it will be the last.

 

 

As the NoE's are non-compliant I would also argue they cannot charge the fee (£75) until they start again.

 

 

Sounds as if they are in too much of a hurry to get to the Enforcement Fee (£235) stage.

Please consider making a small donation to help keep this site running

 

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Just to clear up two issue;

 

1...The first judgement issued against me for £1270.51 council tax, For the year 20013 to 20014.

I did attend the court and spoke to one of the council officers prior to the hearing.

 

 

During that discussion,

I pointed out I was single and he recalculated the payment due.

In fact we joked about it, “wow, we already saved some money”, or some passing comment.

 

 

there is no worry about it being backdated.

The payment was reduced to a single persons council tax.

He also made it clear the judge will issue a judgement, so their would be no point in staying, so I did not stay for the hearing.

/QUOTE]

 

The Council Employee is not there to "help" you I am afraid, his function is to try and bully/intimidate you into not defending yourself in Court.

[sIGPIC][/sIGPIC]

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