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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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    • 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.

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How to obtain an injunction against someone


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well here we are some 12months later - she disobeyed the formal caution and now she is in court, so far with a court order not allowing her to approach me in any way while they(the court) decide what to do with her, this time she found a rather nasty website owned by an Australian and hosted in the USA - neither of them will remove offensive items unless I get a court order in their countries - its called Freedom of Speech - you are allowed to threaten to kill people publicly both in Australia and in the USA! Have a couple more approaches up my sleeve if they dont work then may have to live with it.

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Hello Sisternumber1,

 

I have read your thread with much interest as we have very similar issues.

 

I am interested to know how you are getting on. My wife has been harassed by her ex partners " new" girl friend. Its been going on for a couple of years and we have had lots of times where we have reported her to the police for been abusive and threatening and have lots of crime numbers. we are at our wits end. Just as things seem to settle down , she starts again. I do sympathize with you. its so frustrating.

 

We don't know what to do for the best, some people who have limited experience and much faith in the police , just say "get an injunction" like there easy to come by , as easy has buying some new shoes. Those people have no real experience of this sort of thing surly, they would know that its total frustrating to get the police to do anything. so that brings me to you. you have knowledge and experience.

 

Was the harassment order hard to obtain ? can you give some advise on how i should go about this ?? any help will be greatly received and put to good use.

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An injunction is obtained via solicitors; not the police. The trouble with "abusive and threatening" behaviour is that it's seen as just that.... and no more. Until a crime is committed, the police will not step in with any more than a warning.

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PriorityOne thanks for the responce.

 

So what's the cause of action then ? nothing ? do I just wait until this women actual physical abusive my wife ?

 

Is not screaming in the street that she going to hurt her in front of my children enough? I have been searching the net for answers but all come back to the same point...we are powerless and none of the authorities are interested unless actual harm is caused.

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PriorityOne thanks for the responce.

 

So what's the cause of action then ? nothing ? do I just wait until this women actual physical abusive my wife ?

 

Is not screaming in the street that she going to hurt her in front of my children enough? I have been searching the net for answers but all come back to the same point...we are powerless and none of the authorities are interested unless actual harm is caused.

 

I wish I could be more positive about this.... but the police won't get involved in the way you want (i.e. arrest/charge) until a crime has actually been committed. That doesn't stop you from seeing a solicitor though with details of all the crime numbers you've obtained.... so I would advise this, if you haven't already done so. You and your family are entitled to live your lives without being harrassed by this person...

Edited by PriorityOne
typo
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Thanks PriorityOne, For your straight up reply.

 

Its disappointing to read that the police don't really care unless you have an actual assault, credible witnesses ect. Its more disapointing to read on the police procedure for Criminal harassment how much they "care" total contrast to reality.

 

A women came round to my house last night banging on the door screaming that she was going to kill my wife, its not the first time , its about the 25 time. My wife called the police , they came round. My wife explained the situation and the police officer replied , so what do you want me to do about it? unbelivable. My wife just broke down on the spot.

 

It brings me to the conclution that the money we spend on policing isnt fitting the requirement. Its not that many times throughout ones life when we need to call on the police and when we do, we are reminded that the propect and serve does fit the bill

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The result of interest to the Police and the CPS is a conviction and they've the best idea of what the result is likely to be when a case goes to court because they've seen it all before.

 

If you think you know better, prosecute privately. Have a word with the manager of your local Magistrate's Court and they'll tell you how to go about it.

 

The punters are spoiled rotten nowadays expecting everything to be done for them. Once upon a time there was no prosecution service nor a police force; all the prosecutions were private.

 

:clock:

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I wish i had the knowledge but i am afraid i have to listen to the professionals.

 

we dont always think of the end produce of the CPM conviction rate when our emotions kick in. Well pointed out.

 

:mad2: just blowing off steam and looking for advice.

 

anyone know how sisternumber1 is getting on?

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I wish i had the knowledge but i am afraid i have to listen to the professionals.

 

we dont always think of the end produce of the CPM conviction rate when our emotions kick in. Well pointed out.

 

:mad2: just blowing off steam and looking for advice.

 

anyone know how sisternumber1 is getting on?

 

No idea.... it's a bit frustrating when threads are not updated....

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  • 3 months later...

Hello. This is my first post on here. I've been searching for advice on getting an injunction myself. 8-)I hope you are getting on ok, Sisternumber1. You and / or others might this useful to know. I was being harrassed and stalked by my ex boyfriend years ago. He was telephoning and texting my family members whose numbers he had secretly written down from a list on my Mum's wall when we were togeather at my Mum's, he was turning up at my workplace, he was turning up t my Mum's, he was grabbing me in the street, he was physically violent and controlling when he was in a relationship with me.

 

The Policeman I spoke to dealt with it straight away and my ex was phoned and given a warning which my ex took note of, and my ex boyfriend has left me alone ever since. What I don't know is why the difference between the ease with which I managed to get a result, and your ongoing struggle and hardship.

 

It might be because I CHANGED MY MOBILE TELPHONE NUMBER before my ex found out my new MOBILE TELEPHONE NUMBER and carried on contacting me. The Policeman was sympathetic and said I looked shaken, but one point he made was that I had a good case because I changed my phone number and then he found out my number and contacted me again. It might be that you must change your work telephone number before the Police start to take you more seriously. I am not denying what a nuisance that could be. Is that possible for you, to change your work telephone number?

 

It sounds like things are getting better for you anyway as she has been charged for criminal harrassment. How did you manage to get a Solicitor who would take it on in the end? I understand that you are still being contacted via the internet, but at least the Police and a Soliocitor are listening and doing something now.

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Thankyou Raydetinu, but actually I posted all that (long-worded though it may be) because I thought it might be helpful to anyone who has been harrassed. The changing of your phone number might be what helps. Then, once the harrasser gets your new number and harrasses you again, the fact that you felt you needed to change your phone number and then the harrasser got your new phone number is good evidence for the Police of the harrassment. That is what the Police officer told me worked for me anyway. I wonder how possible it is to change the work phone number. I don't know why the harrassing emails are not good enough for the Police though!

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Rights of women (google search on internet) do a very good guide to DIY junctions aimed at dv but also very useful for other situations of harassment.

 

Local council may be able to assist with an ASBO, Many district councils or london councils have ASB teams

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