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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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    • 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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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
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marlin finacial services


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hi to anyone who might be reading this and thanks in advance for any help you can offer. im new on this site so forgive me if this is in the wrong place.

i have a debt for car finance via a hp agreement taken out originally in 2002 in my name but was for my then partner. we split up he took car, i never made any paymrnts and neither did he. the car was reposessed and i heard nothing more. i offered to pay instalments in march 2003 but never did and heard no more about it. all was forgotten as my ex then died and i concentrated on clearing all our debts i had been left with. the car one never showed up on any credit ref files so i honestly didi forget it.

then in may this year i got a letter from MARLIN FINANCIAL SERVICES demanding payment.

at first after advice from forum on money saving expert thought it might be statute barred but turned out its not.

marlin just wont compromise at all on payments they want (72 per month) despite providing them with budget sheet from NDL and explaining that at present i cann only afford £36 a month but that this is only for the short term.i have sent one payment up to now out of goodwill but they still wont budge.now threatening court action which i really dont want as i have no ccjs and any defaults i did have will all be clear as of next year. any advice please?

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thanks onmywayout but i think they have done this as i requested a copy of my cca and they did send it. just hate that after taking all these years to clear my debts and name they might "blacklist" me all over again. have read the OFT guidelines on dcas and think they might be classed as harassing me as despite my offers and proving i cant pay more they wont accept.think this is referred to as "deadlocked"???

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Borrowed a copy of a prove-it letter from FuzzyBobble: -

 

Fill in the details to suit...........

 

Dear Sir/Madam,

 

Account no: xxxxxxxx

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

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

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

I/we would also point out that the OFT 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/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we 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 OFT of your actions.

I/we look forward to your reply.

Yours faithfully

 

(Your Name) Print do not sign

Edited by OnMyWayOut
Sorry FozzyBobble - I meant FuzzyBobble!
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yes unfortunately it is. it has all the relevant details, total sum of credit, cash price, payments, APR etc etc.

 

If it did go to court then Marlin's know that the judge won't make you pay anything more than you can afford - especially after you've provided marlin with an incomings/outgoings list. In fact, the judge would look down on Marlin's for even taking it to court.

Personally, I'd call their bluff, and say to them, "Ok, if you think a judge would force me to pay more than I can afford, then take me to court."

In the same letter, I would inform them that I was reporting them to the FOS, OFT and anyone else that should be told that they are trying to force you to make higher payments than you can afford.

  • Haha 1

Just hate every DCA out there

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thanks, i was inclined to do this and call their bluff but from past communications with them i think they will take me to court. i wrote in one of the NDL letters informing them that under OFT guidelines the judge would frown on them for taking it to court after id offered several times to resolve this without court action. iv kept copies of all the letters iv sent so i do have proof.

my only reluctance is that i have a fixed rate mortgage that ends next year and would be looking to move this , i dont want a ccj affecting my chances of switching. its so unfair because as iv already said my credit file is completely clear of any defaults next year, iv worked so hard to keep on the straight and narrow after my partner died and now this might all change. does anyone know if this ccj would seriously affect my ability to get new mortgage or will i be ok?

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my other thought is to just pay what they want to the detriment of something else in the short term???

 

NO- Do not do this, you'd only be allowing them to bully you.

 

Even if Marlin applied for a CCJ, you can defend it - saying you have made several attempts to resolve this matter without it going to court, and you can produce the evidence to support this.

 

CCJ's can obviously make it more difficult to obtain credit but I'd be surprised if Marlin applied for a CCJ - especially if you are making payments to them at the moment. You said you've made one payment- well if another month has passed then make another, and another in a month and so on. BUT only make the payment for what you can reasonably afford and NO more. Don't pay by card or Direct Debit though. Standing Order, cheque or Postal Order is the way to do it.

Just hate every DCA out there

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Am I Correct In Thinking That If They Did Take Me To Court The Court Would Not Neccessarily Grant A Ccj If I Can Prove Iv Tried To Resolve This? Or Would They Likely Grant The Ccj But At A Payment I Can Afford?

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also have been reading some of the other threads and not sure i understand. the cca i was sent by marlin was a photocopy, should this be the original copy and not a photocopy to make it enforceable?

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also have been reading some of the other threads and not sure i understand. the cca i was sent by marlin was a photocopy, should this be the original copy and not a photocopy to make it enforceable?

At this stage they will only send you a copy, but as I understand it they need the original for court action. The copy you receive must be fully legible.

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thanks onmywayout.

the copy is legible i suppose. iv sent another letter to marlin today reiterating everything iv already said. i.e. original offer of payment still stands, that this is hopefully only a temporary solution and hope to pay more soon, to stop asking me to telephone on their premium rate number i will only contact them by letter, to respect that i work shifts including nights and so may require extra time to reply to them, to reconsider my offer as it is all i can afford at present, they are bullying me by continually demanding more, that the court would frown on them for taking it to court if they did as i have tried everything to settle without court action, that i am forwarding complaint to OFT and FSO because they are making me ill with all the stress and undue harassment.

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  • 2 weeks later...

reported them to fso 3 days ago so hopefully might get a good reply. they are sending them a letter on my behalf asking for them to accept my temporary offer of payment and stop court action. we shall see!

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Hi all,Wonder if you can help. My dad has received a letter from Marlin regarding a car he had on finance in 2001. He handed the car back on 01/10/2001 and heard nothing else until a couple of weeks ago. He has now received several threatening letters - one threatening bankruptcy regarding the original car loan. They are asking for GBP5158.65!! Can they pursue a debt that is almost 7 years old? When my dad handed the car back he was under the understanding that he would hear no more as he had paid half. Until now he still believed this was the case. He has not responded to any of their letters but their last one was extremely threatening. Any advice??

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hi bridezilla, firstly i know my thread is also about marlin but i think you really need to start a new thread or we are all just going to get confusing information.

anyway do you know when the last payment was, if its more than 6 years and no communication of any kind also then i think it may be statute barred but im sure others will help.

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just out of interest the letters i first received from marlin were just from them re my account number and now they are signed from "litigation section" at marlin and also headed " MCE PORTFOLIO LTD v my name". do you think this is just to try and scare me or serious???

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