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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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      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.

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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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Andy v CapOne


andyford2000
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because no one has posted on it for the last 5514 days.

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Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

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Start your own new thread

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

 

Thanks

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No, problem, as long as that's what you need, I'm not to good with 'bundles' :rolleyes:

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi, Andy.

 

I'll try to get someone to help you, I'd help you myself but the systems different in Scotland :rolleyes:

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I think you need the advanced bundle-give me a minute.

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.

 

 

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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.

 

 

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Dont speak of leaving this now-this is the most important stage of the claim.What you will be supplying now will be crucial.Its something most will have to do-The first one is always hardest.Just be patient and if theres anything you dont understand then ask.

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.

 

 

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You can begin by downloading case laws as advised.do 3 copies of everything incl account statements letters etc.

Theres no need to do copies that the other side or Court may have-so for example you dont have to do statements for the other side-likewise you dont have to do copy court docs for the court-they already have these.

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.

 

 

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I see BRW is here maybe he can offer more....I have to go.

You can address individual points such as defaults etc in your witness statement.

 

Get to it...........

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.

 

 

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Hello Martin3030 and Andy!

 

I see BRW is here maybe he can offer more....I have to go.
I regret I've only dropped in as it's on my Watch List...I regret I'm not up to speed on the case at all.

 

However, if it is any help at all Andy, just slow yourself down and plod though the issues one step at a time.

 

I see you have the Hearing on the 20th, so it's close, but you have from now until Thursday Night to get this pulled together. That may not seem long, but it's a lot of time if you work steadily through the issues.

 

Re-Reading your own Thread is not a bad place to start, and sit down with a cup of Tea and a notepad, and scribble down anything useful that you may have forgotten about.

 

Next step is to sit back and write out, in big headings only, what it is you are Claiming. IOW, what do you want from CapitalOne?

 

It's vital that you have a clear idea of the key points. Once you have them lined up, then stick each onto a Sheet of A4, and jot down the winning issues. Make a note of anything you need to back up the key points and issues, such as Case Law, or any CAG Documents that are known to help your case.

 

Then make sure you have those Documents.

 

Then look at the Trial Bundle links that Martin3030 has added, and see how one is assembled. It's nothing to get too daunted by, and is mainly a case of organising what you need to see in your bundle.

 

Start pulling the Folders together on your PC ready for Printing...but don't Print them yet, just start getting them ready. Give the Folders Numbers if you like, so they start to line up in the right order, then change the numbers as needed if you need to add others, i.e.:

 

001 Folder - My N1 and POC

005 Folder - Anything else very useful

010 Folder - Anything else sort of useful

 

If you need to add something you've just spotted, then by leaving numbering gaps, you can inset an extra Folder, i.e.:

 

001 Folder - My N1 and POC

005 Folder - Anything else very useful

007 Folder - Something useful I've just found

010 Folder - Anything else sort of useful

 

Soon you will start to gather the bumf together.

 

But keep going back to the main Claim points, and make sure you know what documents you may need to refer to to back up each one, and make sure you can find them on the day when needed.

 

Once you have the bumf all lined up, then Print them out, and insert into a large A4 Lever Arch Ring Binder File.

 

Use Cardboard Dividers or Tags of some sort that stick out to help you find things.

 

When all looking good, add Page Numbers to the bottom Right...but in PENCIL, so you can rub them out and re-do them if needed.

 

You can use Section Page Numbers if that helps:

 

Master Index

 

Section A Card Divider

 

Page A1 to Page A20

 

Section B Card Divider

 

Page B1 to Page B15

 

Section C Card Divider

 

Page C1 to C24

That way you can keep Page Numbers intact for a Section, and if, say, Section C needs an extra page or two, you don't need to re-number Sections A and B.

 

Right, when done, then practice what you want to say, and practice finding the bumf you may need to back it up. Write out a DIY Guide for yourself for use on the day, so that you know what each key issue needs, and where that can be found, for example:

 

My Argument One:

 

References:

 

Document 1 - Section B Page B5

Document 6 - Section C Page 15

You'll soon get the hang of it.

 

If time, create an Index as well, that is at the front, so ALL Documents have page numbers listed against them, so if you get hit by a wobbly in Court and know which document would help, the Index will let you go to it quickly.

 

Finally, Print off two extra copies on Thursday Night for the Judge and for the Enemy! Quickly Page Number them, and add Card Dividers if time...but if you do have an Index, add a copy for them, and make sure it matches yours so on the day, you can all go to the right page.

 

Finally, after all this, I bet CapitalOne will not turn up! But if you do all of this and they don't bother to show and you win, how pleased will you be.

 

...and how annoyed would you be to pull out now knowing they may not even bother to show!

 

Take this all the way, and give them hell!

 

Sorry this is just general, but as I'm not bogged down in the case, I can take a step back and try and help you to get an overview.

 

I do hope this helps.

 

Cheers,

BRW

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Very good BRW.......plenty there for him to be getting on with.

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.

 

 

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Hello Andy!

 

Sorry, I mis-read the Court Document, saw 20th March, and thought that was the Hearing Date. I can now see it is just a fee that has to be Paid by then.

 

In that case, you have a fair amount of time yet to play with, and no, you don't need to send anyone any bumf by the 20th.

 

My apologies, I could not see the Hearing Date was in April.

 

Plenty of time then!

 

But, start using it now, or you'll soon run out. Get ahead straight away, because then you will be very well prepared by the Hearing.

 

Cheers,

BRW

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  • 2 weeks later...

just had a very interesting call from capital one on friday, offering me a further £200+ in interest and they would remove the fefault marker on my credit files. told them i wanted all late payment markers too and then would settle. they informed me that they couldnt remove the late payment markers.

 

does anyone know, if it is possible for them to do this or an successful claims before that have manged to remove markers successfully

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just had a very interesting call from capital one on friday, offering me a further £200+ in interest and they would remove the fefault marker on my credit files. told them i wanted all late payment markers too and then would settle. they informed me that they couldnt remove the late payment markers.

 

does anyone know, if it is possible for them to do this or an successful claims before that have manged to remove markers successfully

 

I believe Barclays can do whatever they want with the credit history, they are the "owners" of the information. I've seen threads on here where they have wiped out all bad markers. I think they're just trying hard not to cave in.

 

I think noomills thread is a good one to read, he got barclays to remove all bad markers from his credit history.

 

PmW

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  • 4 weeks later...
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