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    • Thanks. In that case when it comes to preparing my court bundle I will remover the Bradbury v UPS case. And I agree, @occysrazor 's case is the strongest asset I have in defence. Hopefully the necessary literature will be available by the time of my court date.  
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I then get various emails of a very unprofessional manner and one towards the end that sounds a bit like a threat. I would encourage others to be very cautious about this website and if that was a threat (I know where you live, i have your postcode)  It becomes a police matter.  Im sure, it is just a recording of my personal data so I cannot be allowed in the telegram group again. Either way, is there anything ive missed? Emails below in order.   On 22/05/2024 11:31,  wrote: Hi I havent had a response to my last two emails, and Im not getting what's displayed on the site (1-2 bets a day) Please can you process a refund as its not what I was expecting   Thanks   --------- From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 22 May 2024 12:17 To:  Subject: Re: REFUND   Hi X, Are you still in the private telegram group? Regards, Ash -- On 22/05/2024 12:21, I wrote: Hi Its all still logged in yes as per the day it was set up   thanks ---- From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 22 May 2024 12:25 To:  Subject: Re: REFUND   Hi X That is fine. When did you send the previous emails? This is Marc speaking here I run the service. So on the 1-2 bets per day, some days there are no selections because there is no value or information. It is impossible to make profit long term betting every single day. Did you get on Macduff 33/1 for the Derby? Regards, Marc ----- From: X Sent: 22 May 2024 12:41 To: info@premiumracingtips.com <info@premiumracingtips.com> Subject: Re: REFUND   Hi Marc, I sent a mail on the 16th initially then Monday this week to follow up.   Yes, Got a Derby tip through but nothing else in a week   Ive based this on needing £50 profit required to break even, so expecting 1-2 bets a day (sorry) , £2 average bet profit needed to make a small profit after the subscription fee, as a test then move up as confidence grows   I probably need a larger starting bank to benefit from this properly.   Thanks X ======================================== Then, no further correspondence received until almost a month later: ====================================== 17/06/2024 Good afternoon,   Further to my correspondence below I am notifying you of court proceedings.   If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. Court fees will be added to the final invoice adding £215 minimum to the refunded amount and this will affect your ability to get credit.   I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction. I look forward to your acknowledgement. Yours faithfully, X   ============== NOW i get a response! =============   Tuesday 18th/06 Evening X Firstly, I know the law (family member is a QC) so this legal jargon does not work with me. Secondly, you were already processed a pro rata refund on the 5th of June 2024. Sometimes this does not appear on the bank statement. The bank can find this with the Acquirer Reference Numbers (ARN) - 88888888888888888 Once the bank have confirmed this I would personally like an apology for the time you have wasted and the serious accusation. Regards, Marc =================================================== I was going to drop it at this point, throw it in my spam folder as a mistake in my judgement, lessons learned to do due diligence on such a company next time, however this then got my back up when a pestering follow up arrived: ==================================================   From: info@premiumracingtips.com <info@premiumracingtips.com> Sent: 20 June 2024 18:35 To:X Subject: Re: Notice Before action - Court proceedings   Hi X Still waiting on a response and an apology? Regards, Marc --------------------------- On 21/06/2024 09:11, X wrote:  I dont think you read the email correctly, so I will presume you misunderstood.   The only thing Im sorry about is using your service.    To recap:   You didn't respond to emails, of which I had to send multiple to get an ounce of attention You did not confirm any refund or ask to agree on pro-rata reduced refund You do not send out 1-2 tips a day as per your website (trade description act breach) And you seem to forget who is the customer here, you have been dismissive and non responsive and now asking for an apology??   My 14 day notice still stands, I am currently not satisfied with the response and a full refund is still outstanding.   This can be processed easily and without further waste of time. Please process this or send on your final response on this matter (letter of deadlock) so next steps can be taken.     ------------------------------------------------- Sun 23/06/2024 21:18 High importance You replied on Mon 24/06/2024 09:06 Evening X Thanks for another email. Payment has been refunded Acquirer Reference Number (ARN) 8888888888888888888 (altered for security) I am sending this again as you did not acknowledge you have received the refund. This was processed on the 5th of June 2024. Sometimes I have bad actors that join my service and try and defraud my business with similar tactics to what you are attempting. It's pretty embarrassing that you are attempting to defraud a business after you have already been refunded. Tells me a lot about your character. I advise you use this link - https://www.gamstop.co.uk/ Also, for future reference this is your postcode - xxx xxY ???  (altered for security) Regards, Ash -------------------------------------------- My final mail: --------------------------------   I do not agree with any of your statements, in order for fraud to occur something must be untrue. You have other unhappy customers, that's interesting to know.   I acknowledge a partial refund has been received for  £24.99  - so  £25 is still outstanding.  I do not agree to a pro rata refund for something I haven't received.   Thanks for the link, but it doesn't apply to me (unless that was an insult, if so, you're 'business' condones insults to customers?)     Thank you for acknowledging you also have my personal data on file. Under GDPR, I do not consent to you storing any of my personal data and this now must be deleted as well as anywhere it may have been shared.   Thank you  
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    • Here is the start of the revised letter to IPC.  do not worry about repercussions from CPM they should have enough problems without  picking on you as well. particularly as they know the case against you is lost.   IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a  PCN on 8/3/24 which was sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar after receiving the Reminder on 16th April 2024. Despite being not the only motorist who has not received A Notice to keeper from CPM. that is not the reason for my complaint. The reason is that when I received the NTK as a result of the sar I noticed that it stated I had 28 days to pay their demand starting from the day after  the NTK was given.  As the NTK was deemed delivered on the 15th March 2024, the earliest the Reminder could have  been sent was the 13th April 2024 which was a Saturday. Yet not only was the Reminder sent a day early before the 28 day period had elapsed their Reminder averred that the 28 day period had elapsed. This is a serious breach of the Protection of Freedoms Act Schedule 4 S4 [4] 4)The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given. It is also a breach of your own Code of Practice and calls into question their ability to obtain keeper details from the DVLA. I believe it is a breach of my GDPR . I assume that my CPM Reminder is not the only one that has breached the Act so as you will have to contact CPM and presumably the ICO and the DVLA  I will not be expecting a reply from you for 10 days. However I do hope that you can expedite the matter to avoid me complaining to the ICO and the DVLA.                                        Yours Sincerely  
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£1200 magistrates fine, can bailiffs remove goods belonging to private limited company of which debtor is the director?


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Hi all,

 

I am new to this site so please forgive me if I have posted in the wrong place.

 

I have been fined £1200 by a magistrates court around 2 months ago.

At the time I was not able to pay and was instructed by my solicitor to state that I could pay in instalments once I had an income to avoid a harsher punishment by the judge who was not in the best of moods on the day.

 

I was advised by my solicitor and court staff to contact the collections department for fines to offer an amount I could pay monthly, every offer I ever made was refused for a payment plan but they kept telling me I could still make payments if I wished to do so.

To this day, I genuinely have been unable to make any payments.

 

Since becoming unemployed prior to this fine, I had to find a way to create an income.

I set up a private limited company in August 2018 working from home selling goods online.

I am the director of this company and 100% shareholder.

 

My question is,

now that I have started to receive letters from the court stating that further collection acticiry will take place, can bailiffs or court officers take control of assets/stock belonging to the private limited company which I am the director of?

Any help would be appreciated as I am expecting a knock on the door any day now.

 

Every week any money I make is being reinvested into existing and new stock, packaging, supplies etc.

I am not yet paying myself a wage.

I started this company with a surprise tax refund cheque and through selling my personal belongings as I needed to create a source of income as I was struggling to find work. This has paid off as my business is now getting somewhere so to speak.

 

If I have missed any crucial information please forgive me and I will reply asap to any questions or requests for further information.

I want to know whether what I have now finally built could be taken away by bailiffs / court collection officers!!

 

Kind regards

 

Hks91

Edited by dx100uk
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Was your solicitor present at the hearing or did you contact him following the hearing?

 

When you were in court, you should have been asked to complete a Means Statement (Form MC100). Did you do so?

 

Apart from your new business, you must have outgoings in order to survive. Are you living with parents?

 

Are you in receipt of any state benefits?

 

PS: It doesn't give me any great pleasure in saying so, but your solicitor has given you some dreadfully bad advice. If you can respond to the above queries, I can explain more.

 

It is important that you tell us what letters you have received from the court..and the date of the letters.

 

I am assuming that one letter is entitled: Notice of Fine & Collection Order and the 2nd notice is called a Further Steps Notice. It is this last notice that I am most concerned with. There will be a date of the FSN when it was issued. What is that date?

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I will respond to the second lot of questions in a separate post

 

The second 'Further Steps Notice' is the only one I have.

It is dated 14 September 2018.

If you need any more info please ask I will reply and thank you for replying

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In which case, I would think that you may well have a more urgent problem.

 

You would only have a period of 10 working days from the date of the Further Steps Notice in which to 'appeal' the relevant 'step' that the Fines Officer will use to enforce the fine. Unless you have provided evidence of a qualifying state benefit when you were in court, (in which case an attachment against benefits would be applied), the usual 'enforcement 'step' will for the Fines Officer to issue of a Warrant of Control> This will then be passed to a firm of bailiffs.

 

Have you as yet received correspondence from an enforcement company?

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I did not provide evidence of benefits in court no.

I have not received anything since this letter.

Not even from an enforcement company.

Does this mean that if the enforcement company sends someone out, they will be able to remove goods belonging to my company?

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unnecessary quotes of previous msgs removed

single line responses merged to one post

 

please just type rather than hitting reply with quote.

 

makes the thread twice as long to scroll through

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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I did not provide evidence of benefits in court no.

I have not received anything since this letter.

 

When you attended the hearing, the court should have requested financial information from you.

 

Were your personal circumstances or financial situation discussed at any stage of the proceedings? Alternatively, did you provide any personal information BEFORE attending the hearing?

 

It is most unusual indeed for a court to impose a fine without the defendants 'means' being taken into consideration.

 

Was your solicitor in court with you? Did he raise any question about this?

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My barrister was with me.

The judge imposed the fine and gave me 28 days to pay the fine.

 

He said that I had to pay it by borrowing or using my savings etc as far as I remember.

No financial information evidence was asked of me before or after the hearing, only the statement of means which I filled in on the day on which I stated I had £500 in savings and was receiving benefits of £73.10 a week.

 

I then explained this to the court staff after the hearing who said to just call the number for the court fines office and ask to be put onto a payment plan.

 

Upon calling numerous times I kept being told I had to pay the money back within 6 months or less and if not they would not accept any payment plan.

 

Would assets and stock belonging to my company which I am the director of be taken as goods to sell? I can prove that the assets and stock belong to the company.

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My barrister was with me.

 

The judge imposed the fine and gave me 28 days to pay the fine. He said that I had to pay it by borrowing or using my savings etc as far as I remember.

 

No financial information evidence was asked of me before or after the hearing, only the statement of means which I filled in on the day on which I stated I had £500 in savings and was receiving benefits of £73.10 a week.

 

You had me worried that a court had imposed a fine without a Statement of Means being considered. So, the court DID consider your 'means'.

 

I will warn you in advance.....you will not like my response. However, if it helps anyone else in a similar position, then I have at least achieved something.

 

You had a Barrister assisting you. Given that this was a criminal matter, the Barrister should have known that a court fine is considered a PUNISHMENT because you have been found guilty of breaking the law. It is for this reason that a Magistrate Court fine is ALWAYS considered a PRIORITY debt. This is why, one of the 'Further Steps' that a court can impose in the event of non payment, is a custodial sentence.

 

If a person is in receipt of state benefits, the MINIMUM repayment that the court can consider is £5 per week (or £20 per month). Also, it is rare for the court to allow a payment proposal to extend past a period of 12 months.

 

Here is where you also have a problem:

 

In the Statement of Means, you confirmed that you had £500 in 'savings'. The court would expect you to use this sum to pay towards reducing the fine. Personally, I am pleased to hear that you had set up a small business with the money. The Fines Office is not likely to share my view.

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I really appreciate all of your advice and assistance with this. My probation officer has said the most likely option they would choose is to double the fine which makes no sense.

 

My main concern which is most urgent is regarding assets and stock which belong to my business. In the case that the court pursues the debt via a collection agency, would the collectors have the right to remove assets and stock that belong to my business which I am the director of?

 

I don't want this to seem as though I am avoiding paying the money, I have made attempts but as I mentioned the fines office don't want to hear unless it is on their terms, they are very adamant and very blunt to put it in the politest way possible.

 

This is why my main concern is the removal of assets and stock belonging to my business which would ruin everything I have built over the past months.

 

Any advice regarding this would be hugely appreciated.

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I really appreciate all of your advice and assistance with this. My probation officer has said the most likely option they would choose is to double the fine which makes no sense.

 

I am by no means an expert, but I would not expect the Fines Officer to take the enforcement STEP as suggested by your probation officer. In any event, there is no provision for the court to 'double' the fine. He can only increase it by 50%.

The Fines Officer can consider any one ....or more, of the following Further Steps:

Make an Attachment of Earnings Order....will not happen as you are not working.

 

Make an application for deductions from your benefits.....If applicable, this would have been set up following the hearing.

 

Issue a warrant of control (for the purpose of taking control of your goods). This will incur additional costs of up to £310.....the most usual STEP

 

Issue a warrant for your arrest to return to court.....As you are on probation......be careful.

 

Increase your fine by 50%......unlikely as the court know from your MC100 Means Statement that you would be unable to pay.

 

Issue a Clamping Order for the clamping, removal and sale of your vehicle.....not very often used.

 

Register your court fine in the Register of Judgements, Orders, and Fines (affecting your ability to obtain credit).....not very often used.

 

I cannot answer with any degree of certainty what an enforcement agent would take from your property if he gained entry. What I can be certain of, is that unless you enter into a payment arrangement within the strict timeframe outlined on the Notice of Enforcement, bailiff fees of £310 will be added to the fine. Such a payment arrangement is usually only for a period of 3-4 months and you would be required to make an 'upfront' payment.

 

There will be a lot to consider regarding goods within the property. For example, are the goods worth any money? Were they paid for by you...or by your Limited Company. I would assume that you have a computer? Is that your or was it paid by the Limited Company.

 

 

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I would personally suggest that you telephone the court and ask them whether you are still able to enter into a suitable payment arrangement with the court? If so, I would suggest that you make a payment arrangement that would clear the debt in the 6 month period previously advised to you.

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