Jump to content


  • Tweets

  • Posts

    • 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.
    • 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.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

1st credit claimform - old MBNA Card debt *** SETTLED OUT OF COURT ***


B3rty
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5576 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

The issue is dated 26th and its states the date if service is 5 days after so today 31st is the actual day or 2/11/07 if I allow for the weekend, I assume its working days so 28 working days from 2/11/ gives me until 11th December

 

I have acknowledged today online and assume I have 28 working days to lodge my defence, I will phone the court to accertain the right day and date and get my ducks in a row as it were

Live Life-Debt Free

Link to post
Share on other sites

  • Replies 180
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

But if they haven't produced the CCA and he points out that breach of s78 in his defence the Judge (if he or she is applying the CPR correctly) can strike out the claim or issue an order to comply on failure of which the claim is struck out.

Link to post
Share on other sites

not sure why but this post went to number 1 as the start of the thread...

 

The issue is dated 26th and its states the date if service is 5 days after so today 31st is the actual day or 2/11/07 if I allow for the weekend, I assume its working days so 28 working days from 2/11/ gives me until 11th December

 

I have acknowledged today online and assume I have 28 working days to lodge my defence, I will phone the court to accertain the right day and date and get my ducks in a row as it were

Live Life-Debt Free

Link to post
Share on other sites

not sure why but this post went to number 1 as the start of the thread so I have re posted it to keep the order

 

The issue is dated 26th and its states the date if service is 5 days after so today 31st is the actual day or 2/11/07 if I allow for the weekend, I assume its working days so 28 working days from 2/11/ gives me until 11th December

 

I have acknowledged today online and assume I have 28 working days to lodge my defence, I will phone the court to accertain the right day and date and get my ducks in a row as it were

Live Life-Debt Free

Link to post
Share on other sites

not sure why but this post went to number 1 as the start of the thread...

 

The issue is dated 26th and its states the date if service is 5 days after so today 31st is the actual day or 2/11/07 if I allow for the weekend, I assume its working days so 28 working days from 2/11/ gives me until 11th December

 

I have acknowledged today online and assume I have 28 working days to lodge my defence, I will phone the court to accertain the right day and date and get my ducks in a row as it were

 

Nice one b3rty so we have ample time for them to respond to the CPR letter.

Be VERY careful whose advice you listen too

Link to post
Share on other sites

Thanks for the help

I have today sent the two letters by special delivery and established my date my date at the court as 28th November so I feel I am on a roll and will feedback when I receive the usual replies etc…..I have to say I feel pretty good about this and upon reading the forum feel I may have another claim….

I had a business account, business loan and a personal account with HSBC which has been serviced by Metropolitan credit services I paid them a token 3x £1 a month for the last 2 years somewhere along the line the loan has rolled into the business account .

Yesterday I had letters from HSBC saying these had been assigned to Pheonix Recoveries acting on behalf of Tessera Recoveries on the 12th October and that Phenonix are now the effective owners

They have appointed Marlin Financial Services as their servicing agent and provided me with their address

OK I realise I can send a SAR letter to the bank regarding the accounts which I will do as the two totals they quoted were £ 12,770.97 and £8381.88 so a total of £21152.85 and on my reckoning that’s about £4-5k too much so I will be interested to see what they have charged me on that, I have completed the letters and will send these with the 2x£10 to-morrow.

However as these were a business account and a current account can I use the CCA letter to send to Marlin? Plus does this put me in dispute with the bank at some point and can this reflect on DCA and their capacity to act….etc etc

Your thoughts are gratefully appreciated

Bert

Live Life-Debt Free

Link to post
Share on other sites

In 2005 I was a sole trader and my business collapsed leaving me with debt I couldn’t pay so consulted the CCCS and agreed token payments with all my debtors which at that time were credit cards and banks

Over the course of time these have been sold onto debt collection agencies and I pay all of them a token payment completing a review each 6 months based on my ability to pay which is pretty close to zero

The one company that will not even discuss with me is 1st credit who have a MBNA debt for £3704 , each month I sent a cheque for £1 which they cashed but continued to call and harass me, eventually I obtained their banking information and I send them £1 a month ignoring all the letters threatening to take my house etc.

I have now received a county court claim form from the Northampton court ( I live in Bristol) claiming interest and costs making a total of £4275.75

Now because I have been paying £1 a month for over a year I assume I have acknowledged the debt and I cannot query the debt though the CCA route and wondered if anyone had some good genuine advise on what I should do..

I have one CCJ already and dealt with my local court who actually helped me as this was A&L who obtained a CCJ by default and I overturned it getting the court to agree a payment that was within my means

Help please as I am a little worried on the best way forward..

Thanks

Bert

Live Life-Debt Free

Link to post
Share on other sites

Hi B3rty

 

Welcome to the CAG

 

just because you have been paying these debts does not mean you cant CCA them and request a copy of your credit agreement

 

since they have issued a claim,have you acknowledged the claim? have you defended?

 

also under the Civil Proceedure rules you are entitled to disclosure of all documents that they intend to rely on, to allow you to prepare your defence, this will also include a copy of the credit agreement

 

bear with me, i know where there is a letter to send to get this info.

 

 

regards

paul

Link to post
Share on other sites

ok fire this at them (thanks to Tomterm8 for the letter)

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

  • Haha 1
Link to post
Share on other sites

You'll need to change 2b to remove the reference to barclaycard.

 

i wrote the letter originally, and guess who I sent it to:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

sorry for nicking your letter tom, although i as always have acknowledged the original source

 

its is an excellent letter and it was easily available , i hope you dont mind me using it

 

 

oh and whats going on with your avatar now, one minute its a drunk elephant then a mountain goat and now this?

 

 

Regards

paul

Link to post
Share on other sites

wow..fast response thank you

 

With regard to the CCJ claim form how do I respond to that...

 

Also what could the potential implications be and if there are proceedures I need to follow after this..

 

An after thought...if I delay the court by 28 days saying I despute the claim then they send me the information can I go back to the court admit the debt and complete the admission with my proposed payment or do I still have to fight and maybe incure costs?

 

Thanks

 

bert

Live Life-Debt Free

Link to post
Share on other sites

can you post up the particulars of claim, it will make it easier to answer what they are claiming

 

also when was the claim for issued on you? you should file an acknowledgement of service within 14days, this i believe can be done through money claim online

 

if you dont acknowledge the claim and state your intention to defend they can enter for judgment in default

 

i must admit Tomterm8 is more experienced in this area where ccjs are concerned.

 

 

im sure he will pop in and offer some pearls of wisdom

 

regards

paul

Link to post
Share on other sites

Thanks

 

I will send the letter that you posted above, I assume I will need to send £1 with this for the copy of the agreement ?

 

I have worked out that I can ask for an additional 14 days to defend so that gives 28 days, but I suppose my concerns are how I do this...i.e what the next steps would be with regard to the court and how I deal with that aspect which I find quite daunting as this is now with the court and I need to follow whatever the proceedure will be

 

What would be really useful is any expereince simular to mine and how I defend this in court assuming the Agreement is not forthcoming.

 

Thanks

 

Bert

 

Just looked at the link you provided and feel many anwers could be there...will keep you posted and ask for help when I need it....

 

Thanks.....BTW what great forum...

Live Life-Debt Free

Link to post
Share on other sites

ok

 

firstly no you dont need a pound for this one

 

its a request under the civil proceedure rules as there is already litigation in progress

 

your first step is to acknowledge the claim THIS IS A MUST !!!!

 

then you have given your self the extra time to prepare your defence

 

if the agreement is not forthcoming then quite simply you would defnd on the basis of S127 Consumer Credit act whihc prevents a court form issuing an enforcement order where an agreement is not produced (Basically)

 

also this has been reaffirmed by the House Of Lords ruling in the Case of Wilson -v- FCT

 

dont worry, its not as bad as it seems

 

i know Tomterm8 can advise on how to go about your defence,he is very experienced

 

Regards

 

paul

Link to post
Share on other sites

One more question

 

I have gone online and completed the acknowledgement requesting 28 days

 

On the CCJ Court form it shows the 1st Credit address asa the claimant but states that all correspondance should be addressed to their solicitors which is in the same building ( LCS solicitors)

 

Who should I address the letter to?

 

Thanks

Live Life-Debt Free

Link to post
Share on other sites

correspondence should go to the persons marked on the claim form ie their solicitors LCS

 

make sure that the letter posted above is sent Special next day delivery

 

it is that important that you need to guarantee it gets there and you have proof of delivery. recorded delivery does not give you these guarantees

 

Regards

paul

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...