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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.   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 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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      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.

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Reposession Order, Sale Broke..Now what?


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Dear all,

 

My story is not any different from rest of the fellow members. In chronological order things went in order of :

 

1. Self employed- Mortgage outstanding £167,000, one secured loan, and one charging order from Barclays.

2. December 2006 - Suspended Charging Order, I agreed on repayments and paid until November 2007.

 

3. Business went down since August 2007 and could not make any payments after November 2007.

 

4. Wrote to lender HBOS, to reduce the payments for six months. Never received any reply.

 

5. January 2008, received letter from HBOS that they would commence legal action for eviction.

 

6. February 2008, received letter from HBOS Solicitors demanding the outstanding amount approx. £5600.

 

7. March 1st week, received Eviction Letter from Court and the solicitors.

 

8. Eviction date March 28th.

 

9. I managed to find buyer and HBOS stopped the eviction. Completion date March 27th.

 

10. Completion could not be complted on 27th March and my solicitors issued 2 weeks notice to buyer's solicitors. Just learnt yesterday from my solicitor that deal is no more as buyer's mortgage lender backed off.

 

11. Now what ?

 

I want to keep the property as I have primary school going kid. Cant move anywhere else so quickly if HBOS takes another eviction order.

 

I have £2000 that I have from my recent order. I offered this to HBOS but was turned down yesterday. My business situations have started getting better. I ample orders to survive for good period and am positive to receive more and more orders in the long run.

 

What should I do now to stop this eviction. I need to act promptly and your help , needless to say, will be much appreciated.

 

Best regards

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Is this an unsecured debt that has had a charging order been placed on it?

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.

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Is this an unsecured debt that has had a charging order been placed on it?

 

Thanks tomterm8.

 

One is a secured loan from welcome finance and the other charge is from FV1 that they took over from my old defaulted barclays credit card account.

 

I would appreciate if a line of action is provided so that I can start moving in that direction.

 

Thanks again for your support.

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Hm... well, which agreement is the house being reposessed on? Is it the (originally) unsecured loan, or the secured loan?

 

How bad are your current arrears?

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.

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Hm... well, which agreement is the house being reposessed on? Is it the (originally) unsecured loan, or the secured loan?

 

How bad are your current arrears?

 

Hello -

 

My apologies for not being so clear on the matter.

 

1. The house is being repossessed for the Mortgage Arrears of £6,450. The First and Original Chrage.

 

2. The arrears were £5,600, but HBOS have added this month's payment into it as well.

 

3. I am behind on secured loan (welcome finance) as well, but they are waiting on completion. They refused to negotiate on a reduced payment as well. They provided a redemption figure which included whatever they could add on top of the loan (£22,000 now). The Second Charge

 

4. The third charge is from some company called FV1 for around £3750. They recently have acquired this charge through interim charging order (Feb 2008, just before I started selling the house). The Third Charge

 

The biggest problem at the moment is HBOS, my mortgage lender. I need to stop them ASAP, before they could acquire another Eviction Order from the court.

 

I hope this clarifies the whole situation. let me know please if I am not very clear though.

 

regards

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Once yu get an eviction order you can appy to have it suspended on terms let us know when you get a date and pay what you can we were in your position and we got an order to give us more time to sell dont worry there are loads of people here to help

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Once yu get an eviction order you can appy to have it suspended on terms let us know when you get a date and pay what you can we were in your position and we got an order to give us more time to sell dont worry there are loads of people here to help

 

Thanks very much folks. Sure will let all know about the notice date.

 

My first priority is to keep the house forever or at least until my daughter finishes her school session from the local school (July-August)8)8)

 

I want to prepare a case to show the DJ that now onwards I can afford the mortgage payment and that the mortgage arrears to be added to the outstanding balance.

 

Awaiting your advice.

 

Regards,

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You need to get statements from all three to see what has been added on in penalty charges then you need too make a list of your income and outgoing including the monthly payments that you are required to make to all three can you afford them then you need to write to each one with an offer how much equity is there in your house have a go at looking at your income and expenditure to see what it looks like you can put the arreas over a good long time but what ever you say you must keep to so when doing your expenditure allow for unforseen circumstances

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You say you have £2000 can you explain

 

Yes, as mentioned in my earlier message that I am self employed and this is the money that I have received as advance payment for the upcoming project (in fact the project has already been started this week). Part of the advance payment has been used for some home expenses and £2000 have been put aside for mortgage payment. I hope this explains.

 

BTW I have done I/O sheet from Debthelpuk website. The disposible income is just £200 (Mortgage payment has been considered under necessary expenses in the I/O sheet). Hence I will have £300 only to pay Welcome and FV1, after paying the full mortgage installment. However if HBOS agreed to adjust the arrears in the monthly payment then mortgage payment will go high and I'll have to offset it from the disposible income.

 

Let me know please if I am on the right track to kick start the process.

 

Regards

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You are on the right track. If you can show you can afford to repay the mortgage, plus a small amount towards the arrears, then a judge is likely to suspend the order allowing you more time so sell your home.

 

Why not PM ell-enn for some more advice.

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.

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what are the payments that you should pay welcome finance have you offered FV! anthing

 

Normally I should pay £320 to Welcome and nothing to FV1 since FV1 just got charge on the property. FV1 never have asked for any payments yet. They might start in the future.

 

Does anyone out there have any experience with HBOS where they have included the arrears in the outstanding mortgage amount?. just checking water........

 

Thanks very much all fellow members.#

 

Regards

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Hi, I'm new to this forum and was just reading through your thread. It caught my attention as I met a seasoned property investor a couple of weeks ago at a networking event who explained to me that he bought a house from someone in similar circumstances to you. After talking with judges, lenders etc. he was able to negotiate the charges down, bought the property for cash with a rent back option agreed with the vendor - there was also an option to buy the property back at a later date included in that. If you would be interested in talking to this guy I have his contact details - however as I understand it, the rules of this site do not permit the exchange of contact details, just helpful information. So I'm happy to call the bloke today and explain your situation to him and see what gems of info he has - I will also ask specifically what experience he has relating to HBOS including the arrears in the outstanding mortgage amount.

 

I'll keep you posted.

 

:)

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Intersting Information when we were selling our house we had several offers like that BUT remeber they do not do it for charity they are OUT TO MAKE A PROFIT so BEWARE it might suit but it will cost you but it could be a solution I wouldnt like to Judge untill one has seen all the details

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Dont worry to much about FV! just Budget to pay them something did you budget in Welcome how does it seem

 

Yes, I did. As I said before I have only £300 in disposible income. I need to make payment to Welcome and FV1 from this £300.

 

Shall I start filling in the N** form? (I don't remember the exact title of the form that should be submitted to DJ to stop eviction).

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