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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.    
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 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 756050. 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)     Thw 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 Firrst 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.  A 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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    • 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.
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      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
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HUMBLEMAN vs HFC-WEIGHTMANS COURT ACTION


humbleman
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This is the document I produced in the court which the Judge referred to in the Judgment and said that they would have formed part of the mailer.

since she tried to reject it she knows (provided it is still with the bundle and not got lost ?)

this can now be entered to show the re constituted document was so far from the truth that it is unreliable and HFC are now jointly liable for producing a fake document into the courtroom and more weight should have been given to the origional so your dispute has risen to a new level and that is the reconstruction of the contract was a deliberate act of deception and remember it is a criminal offence to lie whilst on oath. i think you really need t ask the judge's permission to bring forward this evidence and to give it more weight than what has already been given..

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yes i know the wasted costs etc but you were not aware that this document existed or by mistake you did not realise it was in your evidence but ou were sure of the fact that you had informed theother side of its existance ????

but you were also unaware of its importance ????

i am trying to think of a reasonable excuse lol

 

just try to think back had you informed them at any time about its existance ?

patrickq1

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yes i know the wasted costs etc but you were not aware that this document existed or by mistake you did not realise it was in your evidence but ou were sure of the fact that you had informed theother side of its existance ????

but you were also unaware of its importance ????

i am trying to think of a reasonable excuse lol

 

just try to think back had you informed them at any time about its existance ?

patrickq1

 

I really didn't think this was an important piece of document, I still think that my case is so solid that any layman would take no more than 10 minutes minutes to make the right decision.

 

No original documents

Microfiche copy of an application form-Beneficial Bank

Beneficial welcome lender from the original lender saying enjoy balance transfer interest rate of 9.9%

T & C's that came from HFC clearly showing Balance transfer of 20.9%

The mailer I produced showing the transfer rate of 9.9%

 

and the list goes on.......

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Remember that this was the mailer that the barrister said, if he had seen before he would have asked his client to discontinue. There could be 2 reason why he said that,

 

1) In case the judge ruled in my favour he could still ask her for cost due to non disclosure from my part and wasted costs.

 

2) He genuinely meant what he said.

 

I think you are spot on and both are correct. This document should have won the case for you and the barrister knew that.

 

I don't know if there is a technicality and you can get the judgement set aside but if you can it would probably be your cheapest option. I don't think this would be new evidence as it was accepted by the court during the hearing. You need comments from the more legally qualified to guide you on this although I see there are some interesting points made so far.

 

What happens if the transcript shows that you did not get a fair hearing. Does that give you another angle?

 

Failing all that I would have thought someone would take this on as it looks like a good case for a Barrister to take to appeal. The result would be far more beneficial than some of the ones we have seen lately.

 

Pedross

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is it possible you missed a payment and they reserved the right to increase the per centage or you had a defalt they did not know about if so they will use this but they would have to notify you in writing

 

Don't forget that they are claiming that the T&C's would have been with the mailer, so the two should tally.

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I don't know if there is a technicality and you can get the judgement set aside but if you can it would probably be your cheapest option. I don't think this would be new evidence as it was accepted by the court during the hearing. You need comments from the more legally qualified to guide you on this although I see there are some interesting points made so far.

 

What happens if the transcript shows that you did not get a fair hearing. Does that give you another angle?

 

 

would welcome further comments on this

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Don't forget that they are claiming that the T&C's would have been with the mailer, so the two should tally.

 

They would have to prove that they were part of the same document. e.g. T & C attached in the signature box for starters.

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i remember them being hamiltons before they became beneficial then to HFC then to Household all under the another bank and forgive me i cant think who the bank is...i have by the way an old hamiltons t & c her in front of me and it is very intresting i will post it into photo bucket for others to upload

patrickq1

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They would have to prove that they were part of the same document. e.g. T & C attached in the signature box for starters.

 

There is no earthly was it would have been part of the same document since one of those mailer that you had to fold and moisten to stick, the front side is application and the other side id the return address. I can't see them fitting 2 A4 pages at the back.

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Unfortunately I didn't have the whole version with me front and back.

 

Surely a mailer wouldn't have a front and a back as the back would just have been the return postal address.

 

Put me down for a small contribution if you decide to appeal as this case could well have far reaching benefits for many on CAG when you win.

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I have been on CAG for over 3 years and can't believe that not one cagger has taken this to court of appeal, if so, is not prepared to share the experience.

 

Have you looked at this one HM?

http://www.consumeractiongroup.co.uk/forum/legal-issues/179069-stebiz-cabot-appeal.html

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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humbleman

 

Have you started a new thread to discuss the appeal?

 

You need to look at CPR52 which deals with appeals. If the District Judge refused permission to appeal at your hearing, you have 14 days to lodge an application for permission with the court. The permission application should be heard by a Circuit Judge. He will only review the papers and your application.

 

The grounds for the appeal must be because the judgment was

"(a) wrong or (b) unjust because of a serious procedural or other irregularity in the proceedings in the lower court".

 

It the judge's initial comments about this being a case of a debtor trying to get out of paying on a technicality before you have presented your case are recorded on the transcript, you should lead with this as a reason for an appeal.

 

You will also have to show that your case has reasonable chance of success. I suggest that when you make the application, you attach a skeleton argument for the circuit judge.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I followed that closely and have asked Stebiz for details of the counsel he used.

 

Docman

 

my trial was heard by Circuit Judge and I have to make my appeal to Court of Appeal

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have you used this in the discovery of documents on their computors because it should or could possibly show how they re constructed the document and i am sure you are entitled to see the format they used to do this

The Duty to Produce Documents

 

A document under the Civil Procedure Rules is defined as a document as "anything in which information of any description is recorded". In English law, the parties to litigation are required to hand over or disclose documents that affect the prospects of success - or otherwise - of any of the parties to the litigation. Documents sourced from digital media therefore readily fall within the definition of a document. Parties to legal proceedings have a positive obligation to search digital records to ascertain whether relevant documents are stored in that form. Obviously then the evidence obtained may be introduced into evidence of that party or another party to support their claim, counter-claim or defence.

With the amendment of Practice Direction 2A to the Civil Procedure Rules, the application of disclosure to electronic documents is beyond question. The Practice Direction explicitly refers to documents that are held on electronic devices and media, servers and backup systems and electronic documents that have been deleted.

Documents held on PDAs, laptop computers, email servers, instant messaging records, documents created in a word processor, spreadsheet, presentation application such as Powerpoint or Flash, any database application are all disclosable. The restriction on their production lies in their relevance (defined by the CPR) and whether the documents whether they are revealed on a reasonable search, which in turn depends on the scale, nature and complexity of the legal proceedings in question, and whether relevant documents and data are likely to be revealed and the costs of doing so.

Failure to Comply

 

Failure to comply with one's disclosure obligations may lead to an application for specific disclosure and court orders requiring the party to deliver up the media upon which the digital documents were stored. Ignoring or refusing to comply with such an order would probably lead to some fury from the Bench, a charge of contempt of court, and may be closely followed by a custodial sentence or a pecuniary penalty.

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