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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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      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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County Court claim, Urgently Need Advice, Please Help!


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Hi all,

 

A few days ago I received a solicitors letter telling me a company called: Cyclone asset management limit, re: shop direct financial servi would be issuing a county court claim against me but I don’t recognise the company (looks possibly like a catalogue??) or the amount they say I owe.

 

I’ve received a County Court claim two days later.

 

What can I do to find out what this is & what I am supposed to owe the money for?

 

The particulars of claim say:

 

The claimant claims £***.** such sum being part of a debt due under an agreement number******* (“the agreement”) whereby the defendant agreed to pay the claimant £***.** (“the debt”).

For the avoidance of doubt in making this claim for a part of the debt the claimant does not waive any rights as to the balance of the debt, which the defendant continues to owe to the claimant under the agreement.

 

They have not attached any documents to the claim form… so I have no idea what it is.

 

What should i do next... should I tick: I intend to defend all of this claim on the acknowledgment of service on the basis that I don't know what it is?... then what do I do?

 

Any help greatly appreciated.

Edited by jadzia.dax1
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Oh dear, another easy win for CAG ;)

 

You may want to use something like this for your defence. Remember, when they pull the case to go for a wasted costs order.

 

 

In the Northampton County Court (CCBC)

 

Claim number

 

 

 

 

 

Between

- Claimant

 

And

 

 

- Defendant

 

 

 

 

Defence

 

1. I, xxxx of xxxxxxxxx make this statement as my defence to the claim brought by xxxxxxxxxx

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system

 

3. No documents supporting the claims in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon

 

4. The claimant appears to be a debt purchaser of delinquent debts and not a money lender, the claimant seems to contend that they are entitled to monies due under said agreement made between the defendant and the claimant Fredrickson international. The defendant has no knowledge of this company or any indebtedness to them relating to any agreement, the defendant has not entered into any agreement with the claimant and therefore should it be the Claimants contention that they have a claim to monies under an agreement between the defendant and another creditor, the defendant seeks clarification of this fact and proof of legal assignment as required by Law of Property Act 1925

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit

 

6. additionally the claimant appears to have split the cause of action insofar that they bring a claim for a part of a debt. the defendant notes that this is unlawful and for authority of this fact cites Section 35 County Courts Act 1984 which sets this out clearly.

 

 

7. Further to that above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

8 the defendant seeks permission upon clarification of the claimants case and disclosure of the necessary documents to amend this defence

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed .....................

 

Date

 

 

 

Hope this helps

 

JOgs

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I have just looked up SHOP DIRECT FINANCIAL SERVICES and they seem to be part of the Littlewoods catalogue group.

 

If you are in any doubt about the letter, DO NOT ring them and DO NOT sign anything until you have taken advice from this site.

 

I am just new to the site myself, so cannot offer you any advice other than, don't be hasty in getting in touch with them, wait for somebody with experience of your problem to give you advice and letter templates to deal with this company.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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right first thing you have to do is get the 28 days acknoweldgement that is part of the claim form.

Send it special delivery to the court.

 

Next you need to send a CPR request to the claimants address on the claim form.

 

Alter the one below to suit

 

In the Northampton County Court

xxxxx V xxxxx

Claim Number: xxxxx

 

 

Dear Sir

 

REQUEST FOR INFORMATION UNDER PART 18 CPR

 

I have received a recent court claim from your organisation. Your particulars of claim are very vague and in addition you do not disclose the contract upon which this claim is being based.

In order to file a defence and any counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an application will be made for an Order enforcing your compliance under the provisions of the CPR

If it becomes necessary to make an application for an order forcing your compliance I shall ask the court to consider my costs as well

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with HSBC Bank.

c. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours faithfully

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  • 3 weeks later...

I received a phone call from Bryan Carters solicitors on the 10 Sept, the man calling started asking for me to confirm my details, I replied that I didn’t give out that information on the phone. :D

 

He got pretty annoyed and said “well I can confirm a letter has gone out to you today” so I said “well I can also confirm a letter has gone out to you today” and he put the phone down on me. :D

 

The letter I was referring to was the CPR Part 18 request, they received, and signed for it on 12 Sept. So far the letter he said had been sent out hasn’t arrived.

 

I haven’t had any acknowledgement to my CPR request of any other contact from them up to now. If i've got it right their 14 days are up.

 

My defence has to be in by 30 Sept so I just wanted to check if I should put anything on it about them not sending any information under CPR and if so, can anyone help with the wording of that please.

 

Many thanks

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Yes you need to mention the fact they have not replied to your CPR request.

Put in the defence the proof of postage and the letter you sent.

 

I would also send them a reminder 2nd class and get a proof of postage from the post office and also attach that to your defence.

 

HAK

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Right I think I've done my defence

 

I would be very grateful If you could possibly have a read through and see if there is anything I need to change or add/take out etc...

 

 

In the Northampton County Court (CCBC)

 

Claim number xxxxxxxxx

 

Between

 

Cyclone asset management limit,

re: shop direct financial servi - Claimant

 

 

And

 

 

xxxxx xxxxx - Defendant

 

 

 

 

Defence

 

1. I, Name of Address make this statement as my defence to the claim brought by Cyclone asset management limit, re: shop direct financial servi.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR even allowing for the constraints of the bulk issue system.

 

4. No documents supporting the claims in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon.

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit.

 

6. Additionally the claimant appears to have split the cause of action insofar that they bring a claim for a part of a debt. the defendant notes that this is unlawful and for authority of this fact cites Section 35 County Courts Act 1984 which sets this out clearly.

 

7. Further to the above 6 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

The Request for disclosure

 

8. Further to the case, in an attempt to ascertain what grounds the claimant is bringing this action and to allow me to prepare my defence, I requested on 10/09/2008 the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimants.

 

9. The information requested amounted to a true copy of the Credit Agreement referred to in the particulars of claim and also any other documents the Claimant seeks to rely on in court.

 

10. The request was received and signed for by the claimants solicitor on 12/09/2008. To date the claimant has failed to accede to, or even acknowledge my request under the CPR and I have not received any such documentation requested. As a result it has proven difficult to compose this defence without disclosure of the information requested.

 

11. The defendant seeks permission upon clarification of the claimants case and disclosure of the necessary documents to amend this defence.

 

Statement of Truth

 

 

I xxxxxxxxxxxx, believe the above statement to be true and factual to the best of my knowledge

 

 

Signed .....................

 

Date

 

 

Many thanks for looking :) all help is very much appreciated!

Edited by jadzia.dax1
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Should I send a CCA request to Brian Carter for this... or does him not sending info after the CPR request show that he probably doesn't have it anyway?

 

I would be very grateful If you could possibly have a read through my above post (my defence), and check if there is anything I need to change or add/take out etc... Is the bit I did about them not sending CPR info ok?

 

Is it ok for sending, as it is please?

 

Many thanks :)

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Jadzia,

No need to apply for a CCA as the CPR covers it.

I very much doubt you will recieve the CCA as littlewoods/Shop Direct are not good with there paperwork as i and many others have found out.

Mr carter does like splitting the case, as youve discovered and this is just to cover his costs. normally 10% of the total balance.

To me the defence posted above is fine and should get the case thrown out.

42man will prpbably confirm this as well

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Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

or better still

DONATE TO CAG - every tenner helps!

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