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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
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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.  

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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.
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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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***If you have a mortgage then this is for you***


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It will be better to have everything on one thread not quiet so confusing for us minions who take time to get togrips with these things

Think Ive got one up on GMAC today will elucidate later dont like the guests that look in

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Hi

 

Our mortgages have been bundled together and sold as portfolios. The profit is secure because of the equity in our properties (if I have got this right) so what happens now with property prices falling?

 

Will this mean that they will calculate what our interest rate should now be (once out of fixed term) to maintain the profit and not in accordance with Libor as they claim?

 

As prices keep falling will they keep putting rates up and try to con us that this is because of the Libor rate changing and hope that non of us have the savvy to understand what they are on about?

 

Also how many times do these portfolios get sold? Are they continually traded?

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Precisely midge this is a major part of the problem of securitized loans. These debts/bonds have been sold as being triple A investments the highest rating & supposedly the least risky of all other investments.

 

Therefore they must maintain their value at all costs & if property prices look like dropping below their equity level the they will repossess at the drop of a hat.

 

If they don't maintain their value the buyer of the bond can sue the seller of the bond (including the listing agency) as some are already looking to do in the States

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Of course your correct midge61 bur good luck with that.

 

This is after all the same FSA that has allowed the banks to stop refunding charges whilst allowing them to continue imposing charging.

 

It's also the same FSA that tried to suggest that ordinary investors in NR only had themselves to blame as they should have known the NR was securitizing it's sub prime loans into Granite & using that to support it's own borrowing

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Guest TaffR
So in theory then if they keep raising their interest rates (so far in my case the initial rise is from 7.9% to 9.99% and LIBOR is 5.84%) without proper justification, would we would have grounds to ask the FSA to investigate this as an unfair practice.

 

YES!

 

Your contract should state quite clearly what the current postion of your payments should be: x amount above todays LIBOR for example.

 

LIBOR though does not change monthly and these 'lenders; Grrr! work on a quartly change.

 

The FSA do not accept complaints as such. The complaints procedures by the way is another anomoly that work agaisnt you/me. Future debate.

 

However, if enough people write to the FSA, MP, FOS etc then this will stimulate them into taking action and at the minimum you ahve a record and a letter in return from them if and when you ahve to go to court (god forbid).

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Guest TaffR

The FSA are weak. I don't say anything that I have not told them and whenever at the highest possible level.

 

Dreadful!

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well I've just ventured into the loft and got my mortggages docs out.

 

Seems my broker was a tied broker.

 

My fixed rate was infact 6.74% and once out of fixed rate will become a variable rate which is 4.25 above Libor so I should now expect a letter stating that my rate will now go to 10.99 :mad:

 

I have also found a section titled "Transfer of the company's rights" just as you said Taff giving them the right to pass it on and on again!

 

Have also found some references to "packager"

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You have nothing to be sorry for Taff.

 

I think that it is good that you have managed to do all this and been able to put the information on a site such as this and explain it such a way that the rest of us can understand.

 

Hopefully now we can all work together to get things changed.

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Guest TaffR

My fixed rate was infact 6.74% and once out of fixed rate will become a variable rate which is 4.25 above Libor so I should now expect a letter stating that my rate will now go to 10.99 :evil:

 

 

Not just a letter...you will get a phone call(s) too. This is to guage any sign in your voice or words that there could be a problem. It is not customer service. They are trained to look for signs. They want to and are paid to protect their portfolio investment at all costs.

 

Now me....knowing I can pay etc...(but this is just me)....knowing this....will make them sweat... but this is just me....

 

I cancelled my DD on purpose [due to theft] and pay when I want too within the month as technically (LEGALLY) you're not in arrears until the end of the month...this is just me and it is wrong!!! It is their systems that is all, that serves so many of their business mangememt reports.

 

I ask them to call me on other numbers when they call so again frustrate their systems and aims

 

But this is just me and I am well known to them and by the way they will select you out as 'troublesome' and take it personally.

 

This is like no other sector you know. The arrogance is incredible. You are made to feel like cannon fodder and this where it all goes wrong.

 

I have provided them in writing permission to speak about my account to speficic people in line with data protection act etc such as my solicitor etc if I am not available. They do not.

 

I get a solicitor to call them back now if and when they call (again just me) and they have nothing to say.

 

I also let them know directly that this is totally unacceptable and the reasons why so now they leave me alone but in other cases as we see they continue to harrasse and bully and charge where they can, again based on what you know and what they can get away with.

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I am down as a trouble maker already so nothing new there lol

 

I stopped paying by DD over a year ago due to a change in my pay date.

the agreement I have is I have to pay by the 10th of the month which i do by cash directly into their account.

 

They then send me a letter dated the 11th or 12th of the month saying I am in arrears and I then write saying please provide a statement to prove this as I can prove I have paid. So far this works and no charges added!

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Guest TaffR

They have transferred all my posts to the other link and I am not sure now due to this whether I can post in other threads or not. Now it looks like I have been talking to mysef, ranting even LOL because they never transferred the responses.

 

Sorry, guys, I do not understand forums much but dont wish to look like a fool and now I dont know what the rules are as the reasons for doing this was that I was posting to many threadts (4 at the most).

 

Good luck and my very best wishes to everyone.

 

Kindest regards,

 

TaffR

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Just subscribing,

Im wondering if anyone have heard of Prime Business loans, I redeemed my mortgage early with massive fees to the Lancashire Mortgage Corporation ( Blemain Finance ) all my DD were to The Lanc Mort Corp yet my solicitor was insrtucted to pay the redemption fee to Prime Business loans, Ive had no dealings with this company and they dont appear to be reg with companies house, Ive looked and cant link them to either Blemain or Lancashire, Who are they and why would they be paid, my solicitor can shed no light on this company and said my house was defo in mortgage to the Lanc Mort Corp, they were not the broker either??? im at a loss as to who they are..anyone....Gc

 

Bumping, got caught in the middle of a discussion!!!!

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Guest TaffR

Hi Groovycaz,

 

Was this a biz loan or just a normal residential remortgage or equity release?

 

Prime Business Loans...is this a Ltd company or as such?

 

Have you called Blemain or Lancahsire MC and asked?

 

I would have expected your solicitor to fully query this before payment.

 

Seems very odd.

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H TaffR, no it was a mortgage, I bought an old building in 2000 which had been empty for a couple of years and wrecked, and as I live in a former mining village where at the time half the street was boarded up and empty no-one would fund us as it was semi commercial and uninhabital it was only £15000 so we paid half and got a small mortgage from the lancashire mort corp, through a broker for the other £7500, my solicitor made enquires (after I wrote to Blemain who fobbed me off with lies and said it was a secured loan) and he said it was defo in mortgage to the lanc mort corp, I paid 32 payments of £122.29 then wanted to redeem to a lower rate, i never missed a payment and to redeem i had to pay ££9,650.30 to Prime Business Loans, my solicitor wrote and asked if lancashire and prime were one and the same company but did not get a reply, I paid it as they would not release the deeds otherwise? I think it culd be a ficticious company cause no ones heard of them all the letters were from the lanc mort corp ive not got one letter from prime...Gc

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Oh and i got a letter from Howard Laddin saying that despite their undertakings not to use the rule of 78 when calculating my redemption figure, in my case they were within their rights to use the rule of 78 and did so?

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