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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • 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.
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      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.

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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.
      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
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nish40 & The Funding Corporation **WON**


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This company are shysters, you do not, by law have to take out a payment protection policy, and if you never wanted it in the first place but were told you had to have it, contact OFT. i did on a car i had with a different company, and i won hands down, as far as the funding corporation go, i have a secured loan with them, and i am currently looking at legal action regarding the charges and harrassment ive recieved. good luck

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  • 1 month later...

i would like to state ive been on here before, and im currently dealing with Stephensons solicitors regarding this cowboy outfit. I too have a secured loan. I have been told by Stephensons that early indication is that there is a small floor for starters and wondered if any of the mods can clarify the situation......... Apparently they have placed on one signed document that a brokers fee was paid to magic loans who was my broker, but on another document it reads no other fees were paid out. Although Stephensons are writing to them as to why this is, does anyone know wether things like this can make a document illegal. Secondly, when i got the paperwork, they tried to get me to sign up for insurance, i never ticked the box and also wrote in habdwriting, NO INSURANCE NEEDED. It later turned out someone ticked the box and charged insurance to the account, even with the footnote i put on it. I have since had a refund of the insurance but they did the month after the refund, try to charge me with it again

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OH another thing. I contacted IM GROUP off my own back, and was given the name Bob Browning, who is a director of IM GROUP, who is based at TFC offices in Chester, they told me to email him, i did twice, and ill tell you he is as ignorant as the rest of the staff there, he answered neither email, the second was basically though to tell him he was as ignorant as the rest of them :lol:

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Hi nish and welcome to CAG.

 

You have posted on an old thread and are likely to get lost there. I have asked that your posts should be noved to your very own thread.

 

 

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  • 2 months later...

Hi, anyof the Moderators available to help me out online now? will be appreciated. Underneath is a copy of a letter Stephensons have sent TFC, i got the copy in the post today when i got home from work, it reads:

 

Dear Sirs,

 

We write further to our various items of correspondence in relation to this matter, in which we have requested copies of our client's credit agreement and associated documents.

We note that you have refused to provide these papers promptly and within the specified time limits given by The Consumer Credit Act.

Consequently you are now prohibited by section 77(4) of the Consumer Credit Act from enforcing the agreement.

 

Please can yu provide these documents by return. Failing which we will have no alternative but to apply to the County Court for disclosure of the documents. We reserve the right t produce our previous items of correspondence to the court on the issue of costs.

Edited by nish40
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Who are Stephensons? Did you CCA request them and have received a response that they can not yet find the contract?

 

If so you could theoretically stop paying them I believe but they would update your credit record accordingly and ruin your credit history so it could do more damage than good? You may be better to keep paying until you have been to court but the descision is always yours!

 

They however could not take you to court to enforce the contract without the relevant enforcable agreement!

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Hi sparklez, Stephensons are the solicitors, who are dealing with alot of dodgy stuff about this firm, theyare very good, and on the ball.

My credit file has already been ruined by these goons so im not worried about that really, but it would be nice to be able to get a month or 2 free lol. hat happened inthe beginning, they were very rude and abusive to me, calling me lesser than an animal, pond life etc, and i was told see Stephensons, i did and i was only going to complain about the treatment i recieved, but when Stephensons seen the paperwork, it was so dodgy they advised me of it, and are taking action.

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Oh that makes more sense :) As Stepehensons are already dealing with this would they not advise you on whether you should stop payments?

 

I know theoretically you can stop paying without the valid CCA (especially if your credit rating is already ruined) but maybe as you already have solicitors on the case it would be wise to seek their advise?

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Cheers Sparklez, ill ring them tomorrow and ask, i only got the letter when i got home from work. But weirdly, as i got home TFC phoned 3 times between 6 and 645 to speak to me lol, i never speakto them, so obviously they are pretty desperate as i owe them £14000 lol.

 

I dontobject to paying any of my debts or anything, its just these people have ripped off so many of us, and are so rude and unhelpful it leaves a bad taste in your mouth.

 

Back in November 2006,i had some fraudulent activity in my bank and it was frozen by Halifax for a week and could nly draw cash with lots of ID.

I told TFC as i was due to pay them, their response was "well your type of pondlife will do anything to get out of paying"

 

I stated i could not use my debit card and all direct debits were cancelled, and they just said they didnt care, wasn't their problem and my account would have £60 fee applied by 5pm if its not paid, from then on it has been murder.

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:eek: £60 fee thats shocking. I'm truly glad I have never had any dealings with this firm!

 

I don't judge - I don't know enough about your circumstances to make a judgement even if I wanted to.

 

All choices are your own of course it just seems to me if you already have solicitors on the case you wouldn't want to do anything that might effect your claim.

 

Keep us updated on your progress though and good luck :)

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  • 2 years later...

Earlier in the thread I spoke about taking legal action against The Funding Corporation.

 

This action has now been taken and I would like to know how much information I can give regarding the outcome.

TFC are very worried on how much I give out, as they have tried to keep me quiet, but I want to tell all.

 

ADMIN. Is there any chance I can scan court docs, barristers statements up etc with my data on? is this allowed?

I want TFC to know who is posting this information, as I want to hurt them like they have hurt so many others in the past. I want to have my full name on view, but is this against the site rules?

 

As I said TFC have no valid gagging order on me, although they have tried for one, and my Solicitor is going to be also making public the result to whom they please.

 

I have no qualms about posting up what I have or any of my personal details, and would not hold the site liable for any comeback on me, although I do not want to cause trouble for the site itself.

 

Thanks.

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Hi Nish40

 

I have had on going issues with these clowns for over 2 years now and would be interested in any information you are willing to share. Out of Interests which Solicitors did you use? Was it Stephensons?

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If it was Stephensons your successful outcome will appear in their newsletter

 

I would suggest that as you have not signed a gagging order that you post the details withholding ALL identifiable data & if someone who's fighting them wants to know the precise details, citation no etc, they can PM you or the mods

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Thanks guys, yes it was Stephensons.

I really want these idiots to see it is me dishing out the dirt.

I am looking into options now regarding talking to a national newspaper, as this paper run a financial section with good and bad regarding companies.

 

I will prepare what I need and put it up quite soon.

 

What I can share is that most people have the same issues as I had, and believe me they have ended up out of pocket on my case.

When the details are up, please anyone feel free to pm me or email my private address to which I will make up a separate hotmail address for.

 

Keep watching

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Hi Nish

 

CONGRATULATIONS AND WELL DONE!!!!

 

I would love to know more as I am still in dispuite with these guys for mis selling gap insurance which following a no fault acident has left me with a finance shortfall of over 10 grand.

 

Thx :D

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Hi Nish

 

CONGRATULATIONS AND WELL DONE!!!!

 

I would love to know more as I am still in dispuite with these guys for mis selling gap insurance which following a no fault acident has left me with a finance shortfall of over 10 grand.

 

Thx :grin:

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