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    • well they need to start to get funds in for the staff xmas dinner with free money from mugs that fall for their fleecing. almost 1yrs down the line line and they are still threatening to jump off if you don't respond.   no ignore them. don'tenter into pointless letter tennis.   dx      
    • Edited and adjusted this ok to send now?   Thanks.   1) The Defendant entered into an agreement for a Morses account under reference xxxx ('the agreement')   2) The defendant failed to maintain the required payments and the agreement was terminated.   3) The agreement was later assigned to the claimant on 05/09/19 by Morses club and notice given to the defendant.   4) Despite repeated request for payment, the sum of £715.00 remains due and outstanding.     AND the claimant claims  a) The said sum of £715.00 b) Interest pursuant to s69 count court acts 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £55.79 c) Costs   DEFENCE   1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Morses. I do not recall the precise details or agreement and have sought verification from the claimant and have therefore requested clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars   3. Paragraph 2 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.   4. On receipt of the*claim form, the Defendant sent a request by way of a section 77 pursuant to the consumer credit Act 1974 for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.   5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Bristow and Sutor, PCN Appeal rejected by council, but never got notification - new TE7/9 gone in - can i chargeback my £432 hubby paid B&S?


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Hello,

I had a visit last night from Bristow and Sutor to collect £423 for a disputed PCN that I had not heard back from the local authority that they had rejected my appeal. My partner had paid the money that was requested as they said if we didn't pay within 20 minutes they were going to take my car.

 

I called the TEC this morning who sent me the TE7 and TE9 form by email to which I filled out and sent it back to them to which I now believe it's been put on hold.

 

Question is if I request a chargeback from the bank to recover my money that my partner paid would they come back to my house even though the forms have been filled in?

 

Bristow and Sutor told me yesterday that i could call the TEC to get a refund which clearly wasn't true.

I'd just like to know would there be any repercussions if i claimed the money back from the bank?

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no don't do that.

 

sadly Busted and stupid are correct in this one instance,

 

if TEC accept your SD then the fees will be returned to you.

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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  • dx100uk changed the title to Bristow and Sutor, PCN Appeal rejected by council, but never got notification - new TE7/9 gone in - can i chargeback my £432 hubby paid B&S?

Who will return the fee's. Bristow and Sutor? The council? Or the TEC? And is there timescales as I know i shouldn't of parted with the money

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i suggest both (TEC and council are the samething)
as for timescale no idea..

why not ring and ask?

 

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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If its accepted Bristols & Stupor will have to refund, as they had the money from you.

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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On 09/09/2020 at 21:03, morphster said:

Hello,

I had a visit last night from Bristow and Sutor to collect £423 for a disputed PCN that I had not heard back from the local authority that they had rejected my appeal.

 

 

 

Can you provide some background information please.

 

When was the ticket issued?

Did you receive the initial parking ticket on your car?

Did you appeal online to the council?

Did you receive confirmation of safe receipt?

When roughly was this?

Did you receive any further notices regarding the penalty (such as: a Charge Certificate and an Order for Recovery?

Did you receive any previous correspondence from Bristow & Sutor?

 

 

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Just to support what has been said already and add: Chargeback is not applicable to bailiff enforcement and attempting to utilise it may land you with a whole pile of extra problems.

 

If fees have been applied incorrectly the applicable law will ensure they will be returned, and more importantly that the warrant of control is cancelled.

 

Until the authority cancel the warrant, it is still live, no matter what you may read elsewhere. This means that if you take you money back, the bailiff is fully entitled to continue with the enforcement.

 

If you have just returned your SD etc. your enforcement will be on hold, not cancelled, cancellation  only, may happen if the court agrees with your arguments, the fine would not yet have been cancelled in any case.

 

Sorry for repeating what has already been said, but thought it is a point which needs to be emphasised.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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