Jump to content


  • Tweets

  • Posts

    • 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.
    • 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.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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
        • Like

Eversheds/NR - CC Claim Received / DISCONTINUED


petebeds
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3997 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Just had a call back from the OFT who have advised:

 

1. The Agreement is not regulated, regardless of what it might say on the form. Therefore as Eversheds say in their witness statement, no need to supply DN or anything like that.

 

2. Due to the wording on the form that has been signed, it may be unenforcable or unlawful on the basis of NR making an untrue statement in on the form, ie that it is Regulated when in fact it is not.

 

HOWEVER, (and this is now my view rather than what the OFT have said) Northern Rock have persistently stated - not only on the Agreement, but on the DN and on the POC that it IS a Regulated Agreement and therefore have been making misleading statements - whether deliberately or accidentally, they should have been more careful!!

 

They are passing me over to my local Trading Standards who will be in touch with me in the next 48 hours.

Link to post
Share on other sites

  • Replies 176
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Very interesting – the OFT are the regulating body so they should know for certain – but how much more unlawful can the agreement be? It purports to be a regulated agreement when it is not – basically they lied to you - The Consumer Credit Act 1974 is an act of parliament – Northern Rock have secured regular payments from you by deception.

I just hope the OFT don’t try to short change you that’s all – especially when you are entitled to claim your repayments back.

Maybe you should apply for a stay whilst the matter is being investigated – not sure if that’s appropriate or not (suggest you phone the court and see if you can do this) but I would want the situation clarifying before it was ruled upon by a judge who might not know much about consumer law. The judge would be influenced by a statement in writing made by the OFT – I would think so anyway.

Link to post
Share on other sites

Thanks toto, have replied to your PM. You are going down exactly the same track as me.

 

I think its now got to the point of being irrelevant whether or not Eversheds are monitoring this thread, they have already shot themselves in the foot big time and instead of trying any desperate and futile attempts to win my particular case they should really be thinking in terms of damage limitation!

Link to post
Share on other sites

Petebeds, I have some information concerning this thread, but I dont want to post it publicly in case eversheds are monitoring this thread.

 

I have sent you a PM. Please respond as soon as you can

 

thanks

 

toto

 

I hope you confirmed your agreement was unregulated and unenforcable!

Link to post
Share on other sites

I hope you confirmed your agreement was unregulated and unenforcable!

 

Not yet, but given what toto has told me it is looking more and more likely.

 

I am still waiting for my local TS to get back to me. I called them this morning and they don't appear to have received the complaint from Consumer Direct yet!

Link to post
Share on other sites

Not yet, but given what toto has told me it is looking more and more likely.

 

I am still waiting for my local TS to get back to me. I called them this morning and they don't appear to have received the complaint from Consumer Direct yet!

 

Yes – sorry my comment was for Toto – I had posted on that thread also!

You both basically have the same issue – your agreement exceeds the financial limit imposed at the time – that makes it an unlawful agreement IMO.

Link to post
Share on other sites

This is now reaching the point where we don't want to be giving any more away to Eversheds who are undoubtedly following this thread so I am going into Purdah for a while.

 

Thanks to all so far, will post further when appropriate to do so.

Link to post
Share on other sites

Watching with interest

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Very brief update without giving too much away:

 

Lengthy telephone conversation with my local TS on Tuesday morning. They are not prepared to put anything in writing but I can make an FOI request for their notes of the telephone conversation. They were very helpful and over the phone confirmed that the agreement is not regulated and more than likely unenforcable.

 

Passed on via the FOS to Community Legal Advice Service.

 

CLAS agree that the agreement isn't regulated and suggested putting in an application for Judgement for the Defence.

 

This I have done and have hand delivered that Application to the Court.

 

We are asking for the agreement to be declared unlawful and unenforcable on the grounds of a fraudulent misrepresntation contrary to the Misrepresentation Act 1967 - the statement on the agreement that it is regulated - with that misrepresentation being compounded by issue of a "Default Notice" and then issue of Proceedings stating in the POC that the agreement is regulated. Having re-read my witness statement this morning I now understand why it is that I have always been so keen on the Rumpole books by John Mortimer!

 

I've also wiped the floor with them over only partial compliance with the CPR18 requests, driven a tank through their reasoning for their Application for Defences to be struck out and taken them to task over submitting somebody else's statement of account and claiming it to be ours.

 

This has all gone in as part of an Application to have:

 

* agreement declared unlawful and unenforcable

* Claim struck out under CPR3.4(1)(a) no prospect of success, (b) vexatious and an abuse of process and © non compliance with a Civil Procedure Rule or Practice Direction

* Judgement for the Defendants

* NR ordered to supply a true and correct statement of account within 5 days of judgement

* NR ordered to repay all sums paid to it by us under the mistaken obligation of an unlawful contract

* Costs

 

If toto003 or any other contributors to this thread want to see a copy of what I have put in please PM me. I'm not going to post it on here, for obvious reasons.

Link to post
Share on other sites

  • 1 month later...

It moves on ..... just received a notice from the Court stating that NR's Application to trash the defences has been listed for 23/04/09 at 1000; phoned the Court to find out what has happened to my two applications (as above plus one to have it all transferred to my local Court) - apparently the file has been sent to a Circuit Judge for review.

 

Anybody know what the implications of that might be?

Link to post
Share on other sites

thanks for the update petebeds.

 

I have collated quite a bit of info in this area, and I have reached my own (what I believe to be firm) conclusions.

 

(I have already discussed with you pete - and I hope you have added those weapons to your arsenal)

 

I am holding off publishing it all on the CAG until pete's case is sorted. [just in case I am wrong :p]

Link to post
Share on other sites

  • 2 weeks later...

I have now had a letter from the Court stating that both NR's and my applications for striking out will be heard at the same time, 10AM on Thursday 23rd April ....... At Guildford .....

 

The Circuit Judge who was handed the file to review has decided that the case should stay there for the time being and can be transferred to my local Court should it be necessary after the applications have been dealt with.

 

So: Do I need to attend Court next Thursday?

What happens if NR's solicitors don't turn up?

 

And basically, I've never been in front of a County Court Judge before, what can I expect to happen? Thanks

Link to post
Share on other sites

You definitely need to attend IMO, if the other side don't turn up, so much the better for you.

 

Arm yourself with answers to any questions you feel may be asked, this could be the critical moment in the case i feel

 

Others will be on soon with further comments im sure

 

It wont be anything like as daunting as you imagine im sure, you just need to be polite, whilst making your points firmly.

 

GOOD LUCK you deserve it.

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites

2 days to go and the ex has been sent a copy of their Witness Statement and a sheet with a breakdown of their costs. They seem oblivious to my Application for Striking Out and Judgement which will be heard at the same time as theirs!

 

As somebody said a while back, mind games!

Link to post
Share on other sites

2 days to go and the ex has been sent a copy of their Witness Statement and a sheet with a breakdown of their costs. They seem oblivious to my Application for Striking Out and Judgement which will be heard at the same time as theirs!

 

As somebody said a while back, mind games!

Me i think:D

 

Peter if you have recieved a Witness Statement have they made application for Summary Judgement?If so you should have recieved notice that the application was made and given the opportunity to submit your own in defence to the Application.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Andy - see further back up the thread from mid February - they sent the Application for Summary Judgement in with their AQ and sent me a copy of the Application at the same time - their witness statement got pulled to pieces over the fact that they are now saying that the loan agreement wasn't regulated; we wrote a letter in to the DJ and then put in our own application for Striking Out and Summary Judgement following consultation with the Forum and with Trading Standards and the Community Legal Service.

 

Both Applications are being heard on Thursday morning at 10am at Guildford.

Link to post
Share on other sites

Apologies for not reading further back Peter.I see you have everything in hand.

 

Best of luck for Thursday and keep the thread updated.

 

Regards

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Update:

 

Absolute nightmare this morning with a major accident on the M1 and my car breaking down on the way to Guildford. Despite getting straight on to the phone to the Court to explain what had happened, things just went downhill from there.

 

I wasn't able to get to the Court until 12.30, where toto003 met me. He had already been in to the original scheduled hearing at 10.00. I'm still in a bit of confusion about what happened there, but apparently NR are resubmitting the POC.

 

I was somewhat shocked to be taken into a full-blown Court Room, complete with District Judge sitting up high in full robes, rather than the office I had expected. His first comment was "two and a half hours late Mr xxxxxxxx"; I did apologise to the Court.

 

He said that he had my Application and having read it could not see why it had been submitted. He said as well that NR had agreed to my other Application for transfer to my local court and asked if I wanted it dealt with there and then or transferred.

 

Like a fool (hindsight is wonderful) I said I would prefer it to be transferred, not realising that I was just about to be hit with an Order for Costs for the day "in any event". That was it.

 

I am now back home and feeling as though I've been put twice through a mangle, and have had to go to the Doctor and get signed off for a month due to my depression starting to put in a reappearance.

 

That's it in a nutshell. Thanks once again to toto for being there.

Link to post
Share on other sites

The bad news is getting hit for costs today. Were it permissible for a Mckenzie friend to address the judge, things might have been different.

(I very nearly kicked you when you ignored my pleas for you to dispute costs)

 

The good news - is that you managed to get your case transferred intact.

 

Had you not turned up, your situation would have been far worse, as the Judge definitely would have dismissed your application to strike out.

 

You will now get some time to tidy up your defense and get some proper legal assistance.

 

The Judge could definitely have been more understanding. Especially as the opposing barrister informed the judge several times at 10am that they had agreed to the transfer and were happy to adjourn. (She almost begged)

[had I been allowed to address the Judge, I would have pushed for this also]

 

Take heart Petebeds - this battle is far from over.

Please note the point "2b" we discussed earlier today - Get that presented correctly, and I think you will do well.

 

toto

Link to post
Share on other sites

  • 2 weeks later...
http://www.consumeractiongroup.co.uk/forum/legal-issues/196070-northern-rock-unsecured-loan.html this is the link re the above....dont know if i have done it right but hopefully it is and I could really use some help with the defence which needs to be in by friday. It is slightly diff to this in that I have acopy of the agreement but it was sent after 5 requests and 7 months
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...