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    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
    • Hi   Just to be clear a Tenant cannot refuse to pay rent after they have signed your Tenancy Agreement for the property irrespective if they are claiming no hot water for xx weeks especially when you have evidence to the contrary.   As they are now 2 months in arrears they have breached your tenancy agreement and you could go down the section 8 route for the rent arrears to evict your tenant and the letting agent you employed should be fully aware of this.   The hot water issue sounds more like the tenant didn't have a clue how to operate the heating system within your property   Has the Letting Agent informed this Tenant about the rents arrears and their Guarantor who would also be liable for the rents arrears?   Now the Tenant that wants to leave early as there is no 'Break Clause' in your Tenancy Agreement signed they would have to negotiate with you the Landlord to leave early as they are then in breach of that signed Tenancy Agreement.   Now before doing any of this is they have paid a Deposit it should be protected in a Tenancy Deposit Scheme and they should have been give a copy of that deposit schemes prescribed terms.
    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
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Bailey2004

Taking Rent2Buy your car to court - agreement unenforceable***Claim Struck Out***

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hello,

 

Hoping someone can help.

 

I missed 3 weeks payments on my car and the company sent me a termination letter.

No default letter before this, just the termination. can they do this?

 

They then turned up twice at my home unannounced, though i wasn't in.

 

I have since paid over a third, yet the police turned up today stating that the company had reported the car as stolen?!

 

Any advice much appreciated.

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Who's the company?


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rent2buyyourcar.com

 

Attached is a copy of the credit agreement

 

Also a copy o the termination letter

docs1.pdf

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How many of the payments have you made?


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...

  1. 05/10/2017 280
  2. 08/11/201770
  3. 15/11/2017 70
  4. 22/11/2017 70
  5. 29/11/2017 70
  6. 06/12/2017 70
  7. 13/12/2017 70
  8. 20/12/2017 70
  9. 27/12/2017 70
  10. 02/01/2018 70
  11. 03/01/2018 70
  12. 10/01/2018 70
  13. 17/01/2018 70
  14. 24/01/2018 70
  15. 31/01/2018 70
  16. 09/02/2018 70
  17. 14/02/2018 70
  18. 22/02/2018 70
  19. 28/02/2018 70
  20. 14/03/2018 70
  21. 06/04/2018 240
  22. 01/05/2018 320
  23. 04/06/2018 70

Total 2240

 

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Thread title amended.

 

Upload unapproved Reg showing in agreement.

 

Andy


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Wow, just wow. I don't think that I have ever seen a more un-compliant credit agreement. The Termination:Your Rights section alone appears to have taken what should be statutory wording and terms and twisted them into something else completely.

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6 Termination by r2byc

 

r2byc may on any breach by the Hirer of any of the provisions of this agreement after due notice terminate the hiring under

this agreement, and on such termination this agreement and the hiring constituted by the agreement shall be determined and

the Hirer shall no longer be in possession of the Vehicle with r2byc's consent, and, subject to the provisions of clause 7 below,

to our right to take repossession of the Vehicle and to any of the Hirer's pre-existing liabilities to r2byc, neither party shall

have any rights against the other.

 

I think that agreement was drafted by he Chuckle Brothers:-)


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Any advice on what my next steps should be?

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So how many payments have you made please count them...

 

Looks like 23 or 24 made out of 70

So the car could well be protected goods??


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So how many payments have you made please count them...

23 payments totaling £2240

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Protected goods under CCA

which means they have to go to court and get a return of goods order


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Whatever the situation, I would certainly make a formal complaint and ask for it to be put forward to the FOS in respect of them reporting the car is stolen. This is clearly untrue and is an extremely abusive tactic and it needs to be put before the authorities. I should make a letter of complaint now and demand a final response within a weeks maximum. I should also send them an SAR and to see what they've got on file on you and see if there is any reference to their contact with the police.


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My car is still showing as stolen on the police database.

I need to drive from the Midlands I to Wembley today.

 

I have the HP paperwork in me just in case.

Is there anyway I can get the stolen marker taken off?

 

The police didn’t seem too helpful on that bit yesterday, they just said they would ask r2byc to take it off.

 

I’m taking my children with me so do t want them scared by being pulled over constantly.

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you have proof you own it and the V5C too?


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No V5, they still have that.

They said they won’t give it until it’s been fully paid off.

I only have the HP agreement in my name.

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that unlawful its registered in your name!

 

never mind you legally must hold the docs


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The car isn’t registered in my name, it’s still in theirs.

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I have just had this email: Please bring your payments upto date (4x£70) . We have contacted the police and confirmed that you have been in touch and once payment is made the stolen marker will be taken off .

 

 

Also can anyone point me the the legislation that states the V5 should be registered in my name?

 

 

Thanks

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No V5, they still have that. They said they won’t give it until it’s been fully paid off. I only have the HP agreement in my name.

 

that unlawful its registered in your name!

 

never mind you legally must hold the docs

 

I have just had this email: Please bring your payments upto date (4x£70) . We have contacted the police and confirmed that you have been in touch and once payment is made the stolen marker will be taken off .

 

 

Also can anyone point me the the legislation that states the V5 should be registered in my name?

 

 

Thanks

 

There isnt any........you are not the legal owner

 

https://www.osv.ltd.uk/registered-keeper-lease-car/


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Yes, i know i am not the legal owner, but surely I should be the registered keeper on the V5.

There is a difference between legal owner and registered keeper.

And its on HP, its not a lease car.

Edited by dx100uk
quote

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You most probably are registered on the V5 as the registered keeper...when you signed the agreement.The V5 will be registered to the legal owner rent2buyyourcar.com...until you have paid in full the vehicle.


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I Have today received a CCJ claim form from them!

they have sent no default notice, nothing.

 

Below is the wording:

 

 

********* , entered into a Hire Purchase agreement with us on 05/10/2017 for the vehicle ********, with payments of £70 per week as per the agreement signed.

 

She has defaulted on her payments from 05/07/2018 and claimed to have lost her job and could not afford the payments.

 

We had offered to waive all outstanding payments if she returns the car.

 

She has not responded to any of our offers. This offer still stands .

Timeline

Date What happened 05/10/2017 Hire purchase agreement signed , 20/06/2018 from 06/04/18 to 20/06/18 had missed payments which she eventually caught up after lots of emails and her not informing us of her change in address. We had also sent a default notice and a notice of termination.

27/06/2018 email sent for reminder of missed payment , she responded that she had lost her job and can only afford £35 a week . We offered to waive outstanding payments if she returns the vehicle. 23/07/2018 3 payments of only £35 paid between 27/06/2018 to 23/07/2018. again have offered to waive all outstanding payments for the return of the vehicle , no response has yet been received . No payment has been received since

Evidence

Type Description Contracts and agreements signed agreement contract and signed terms and conditions . Letters, emails and other correspondence emails of conversations, Default notice , Notice of termination. Receipts proof of when payments where made

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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Name of the Claimant ? rent2buyyourcar london Ltd

 

Date of issue – 8th August 2018

 

Date to acknowledge - 24/08/2018

 

date to submit defence - 07/09/2018

 

Particulars of Claim

 

What is the claim for –

 

********* , entered into a Hire Purchase agreement with us on 05/10/2017 for the vehicle ********, with payments of £70 per week as per the agreement signed. She has defaulted on her payments from 05/07/2018 and claimed to have lost her job and could not afford the payments.

We had offered to waive all outstanding payments if she returns the car. She has not responded to any of our offers. This offer still stands .

Timeline Date What happened

 

  • 05/10/2017 Hire purchase agreement signed ,
  • 20/06/2018 from 06/04/18 to 20/06/18 had missed payments which she eventually caught up after lots of emails and her not informing us of her change in address.
     
    we had also sent a default notice and a notice of termination.

27/06/2018 email sent for reminder of missed payment , she responded that she had lost her job and can only afford £35 a week .

We offered to waive outstanding payments if she returns the vehicle.

23/07/2018 3 payments of only £35 paid between 27/06/2018 to 23/07/2018. again have offered to waive all outstanding payments for the return of the vehicle , no response has yet been received . No payment has been received since

Evidence Type Description

 

  • Contracts and agreements
  • signed agreement contract and signed terms and conditions .
  • Letters,
  • emails and other correspondence emails of conversations,
  • Default notice ,
  • Notice of termination.
  • Receipts proof of when payments where made

    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
     
    What is the total value of the claim? £490.00
     
    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
     
    Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No
     
    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 creditor
     
    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? No
     
    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No
     
    Why did you cease payments? I havent
     
    What was the date of your last payment? 23/07/2018
     
    Was there a dispute with the original creditor that remains unresolved? Yes
     
    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planlink3.gif? Yes

Edited by dx100uk
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