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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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Well, I thought it was all over....


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Well I spent years fighting with Lloyds TSB over a debt allegedly taken out in 1999. After a Data Protection Act they send me a letter stating they have no copy of the loan agreement. I call up (unrecorded call unfortunately) and they stated they would not take the matter any further....

Today a letter from RW&C demanding payment with added fees and threats of a visit.

What do you lovely people think of my reply.. does it do the job? would you add or change anything?

Dear Robinson, Way & Company Ltd,

 

Ref ***

Account ***

 

Thank you for your recent missive and your invitation for one of your local agents to call. Please note for your records I will not be setting a repayment plan or requesting a visit. This is for two reasons:

 

·I do not acknowledge this debt

 

·There is no enforceable agreement relating to this debt.

 

Please feel free to liaise with Lloyds TSB who will confirm this debt is unenforceable and that they agreed not to take the matter further. For your records Lloyds have confirmed they have no records/agreement relating to this loan in their letter dated 25th July 2006 from Ms **** ref ******.

 

As such I invite you to take the matter up with them as I will not be entering in to any further correspondence with you regarding this matter.

 

Yours sincerely

 

tygermoth

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Hi there tygermoth,

 

Here`s one I sent to Lowells, try this if you want :p

 

Edit to suit -

 

 

 

Dear empty heads,

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

What the hell are you dribbling on about? You ask me for a payment, without proving anything. Are you on smack or something? I would point out that I have no knowledge of any such debt being owed to, or have even heard of Lowell Portfolio.

 

I am also familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the Office of Fair Trading say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question, for example, the last bill you have at our address, or your receipt of purchase. This would be very interesting to see.

 

Further to the above, and your threat to arrange for a moron to visit, do you honestly think I’m going to entertain your so-called agent? I don’t think so! Make sure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment and dealt with accordingly - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you choose to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine, far more than this alleged debt.

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd (1959) 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the Trading Standards department and consider informing the Office of Fair Trading of your phishing actions.

 

I look forward to your reply.

 

Yours sincerely

 

 

 

Hope this helps.

 

If I have been helpful or made you laugh in any way then please click my scales

 

Regards

 

 

N.P

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If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Tygermoth delete the bit about there being no enforceable agreement that implies there must have been one or why would you know or even ask

 

I do not acknowledge any liability to your company whatsoever will suffice plus the bit in Np's letter referring to the withdrawal of the licence to visit

 

& whilst I really love NP's letter I suggest you tone some of it down particularly the bit about morons using smack as while no doubt true it could cause you problems if you actually put it in a letter:D

Edited by JonCris
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I wouldn't bother wasting money on the cost of postage if I were you. If you still have the original correspondence with Lloyds it would be far better to just let RW continue to write because you are only a letter or two away from the threat of legal action, at which point you have by them by the gonads. The home visit threat is enough in itself really.

 

Let them carry on, and when you have enough ammo make a complaint. This is going to become increasingly common I suspect, as the Banking Industry cuts loose the 'Financial Services' sector to let them take the fall, post credit crunch. Lloyds have sold it to someone to recover some of their losses, and now some sucker has a worthless account on their books. Poor souls.

:)

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Better? (I will be sending this via email and from an little used account I usually provide when the site is likely to spam me)

Dear Robinson, Way & Company Ltd,

 

Ref ***

Account ***

 

Thank you for your recent missive and your invitation for one of your local agents to call. Please note for your records I will not be setting a repayment plan or requesting a visit, this is because:

 

·I do not acknowledge this debt

 

For your records Lloyds have confirmed they have no records/agreement relating to any monies in their letter dated 25 July 2006 from Ms *** ref ***.

 

I am also familiar with the Office of Fair Trading Debt Collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the Office of Fair Trading say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to harassment.

 

As such I invite you to take the matter up with them as I will not be entering in to any further correspondence with you regarding this matter.

 

May I remind you, there is only an implied license under English Common Law for people to be able to visit me on my property without express permission. Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, Police attendance.

 

Yours sincerely

 

Edited by Tygermoth
opps left me details in the letter.... doh
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You've got the right idea..but it might be a good idea to remove your name from that last post!!!!!

 

 

Oh yes...it's like a 'Tommy Atkins' or 'A.N. Other' moniker. I get it now ;)

 

Like Samuel Clemens and Mark Twain...........

  • Haha 1

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Im in Danny boys camp on this one. You know that there is no agreement so I would let RWC babble on with their empty threats. I would totally ignore them while at the same time gather sufficient evidence to warrant a prosecution by the OFT under the lovely Unfair Trading Regulations 2008

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Guest forgottenone

A-ha! Some of NPs letter I can use for my own problem ... get so caught up in what I need to say, but there's some very useful info there to help me say it more succinctly, better. Thanks!

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Thank you for the person that PM'ed me and stated this debt should also have been statute barred.

 

if payments were made on this account does that invalidate the statute barring? (if that is even a word lol) i was approached about two years after the loan was allegedly taken out and CCJ filed..... i was pressurised into making payment, being young and foolish I did.

 

The CCJ that was lodged against me many years ago for this alleged loan has dropped off my credit file and i now have an excellent credit history ...... can they lodge more defaults etc??

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Blimey!!!!

 

You didn't say you had a CCJ!!!

 

Let's just disperse a few clouds and ask a straightforward question - Do you recognise this debt?? I mean, do you actually owe it???

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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If you already have a ccj they can apply to court to re-enforce it.

 

 

Idax

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Oppps sorry, after a hasty check on experian and my records it was a default not a CCJ - sorry for the confusion. I had put this to bed and Lloyds said they were not going to take the matter further so i am a but rusty with the details.

 

Hope that helps...

 

(I am really sorry was getting all worked up yesterday when i posted so was not thinking clearly... its amazing how a DCA can wind you up and stress you out and get you all turned around)

 

In relation to the debt... i DID have a short period that i banked with Lloyds in 1999 but it was only a few months, they could not sort out my DD 's and kept messing me about. I never took out a loan with them as far as i am aware however they keep changing what the amount owing is for... one letter states overdraft and fees... another says loan.... this is why i asked for DPA because i wanted to know what the hell i was being chased for.

 

At this point i got a letter stating 'we have no agreement, records or account details that relate to this account - but we are not obliged to keep them and we are happy you owe us so pay up...'

 

This was the point i called them and they stated that as they had no details they would not pursue the matter - Abby (the lady in question) stated that lloyds was being utterly ridiculous chasing a debt to which they could not prove/show/provide any details for.

 

Hope that clarifies and again....sorry

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In relation to the debt... i DID have a short period that i banked with Lloyds in 1999 but it was only a few months,

 

When was the last time that any payment or written acknowledgement of the debt was made by you because from reading your last post it would appear to me that the debt is statute barred

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to add balance...I last made a payment about 1 year ago. I was paying £15 per month at the time (because my financial situation was really quite bad i basically just rang everyone that was chasing me and set payments up)

 

It wasn't until years later I realised that some of the items i was paying just didn't add up... that's when i started investigating.

 

In total i have paid about 2 yrs at £15 per month (the balance in the letter is £1995). I stopped paying after Lloyds confirmed they had no agreement.

 

Thanks for the replies everyone, much appreciated.

 

Tyger

Edited by Tygermoth
to add balance
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