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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • 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  
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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.  

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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.

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AA99 v GE Money Car Loan


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I think your confused there AC, you seem to be thinking of 31.14&15

 

CPR 31.16 is Pre action ie before issue

 

Quite right, PT!

 

I stand corrected;

as ever always doing several things at the same time

 

My apologies AA99, got my 'Parts' muddled up:

 

 

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

AC

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Cheers ac :wink: Have just this minute returned from the post office, sent recorded. Gave them 14 working days, till 12 Oct, didn't specify, just said within 14 days. I hope they find the defective Default Notice that GE Money issued to me :eek:

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  • 2 weeks later...

Hi Aa

 

Lets See What I Can Do

 

This Is A Long Thread So Bare With Me

 

Has A Court Claim Begun, N1, Or Is This Just A Threatogram From Hl Legal

 

Have Had My ShAre With Them To Muppetts

 

Well Just Having A Nose, Those Figures Are Very Strange

 

Ill Go Over Them This Weekend And Let You Know The Sp

 

Next Question

 

This Is On The Ppi Etc

 

Did You Do An Sar

Who Is The Ppi With

Norwich Union

Axa

Churchil, Get The Idea

 

Did You Get A Needs And Demands Statement And A Statement Of Price Ref The Insurance

 

Thats Important

  • Haha 1
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Bless you for looking in:)

 

Hi Aa

 

Lets See What I Can Do

 

This Is A Long Thread So Bare With Me

 

Has A Court Claim Begun, N1, Or Is This Just A Threatogram From Hl Legal

Threatogram me thinks:-?

 

Have Had My ShAre With Them To Muppetts

 

Well Just Having A Nose, Those Figures Are Very Strange

Yes, they are aren't they:-?

 

Ill Go Over Them This Weekend And Let You Know The Sp

 

Next Question

 

This Is On The Ppi Etc

No PPI but were suggested that we take out an extra 5-year warranty for £800 that would only cost an extra £30 p.m. on the credit. So we did, but those figures are nothing like that and the warranty is with NAC, part of Carcraft, and not worth the paper it's written on when you try and claim:mad:

 

Did You Do An Sar

 

No, but I did a CCA and received the signed copy which I already held:-?

 

Who Is The Ppi With

Norwich Union

Axa

Churchil, Get The Idea

 

N/A

 

Did You Get A Needs And Demands Statement And A Statement Of Price Ref The Insurance

 

NO

Thats Important

 

Tried writing to them for a reduced payment plan of £55 p.m. as advised by their chap on the phone but they refused to acknowledge that or set up a plan, before I knew it, Link were on to it.

All my docs are photobucketted on this thread.

Many thanks again and look forward to hearing from you :)

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to start with send car craft an sar

 

thats where you got the car from

recorded delievery

ime going to have fun with this

 

you are miles ahead in this race:grin:

 

Even though they put the balance to be financed with GE :-?

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Correct

 

It Was Car Craft Was It Not Who Flogged You The Micky Mouse Insurance Products

 

As It Was All Commission Lead, Ime 99.9999% Sure They Wont Have All The Relevent Doct

 

That Call The Whole Agreement Into Question

 

Car Craft Would Have Got A Back Hander From Ge Over This,

 

If That Was Not Disclosed To You Which It Was Not (please Confirm)

 

O Happy Days For You

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Correct

 

It Was Car Craft Was It Not Who Flogged You The Micky Mouse Insurance Products

 

As It Was All Commission Lead, Ime 99.9999% Sure They Wont Have All The Relevent Doct

 

That Call The Whole Agreement Into Question

 

Car Craft Would Have Got A Back Hander From Ge Over This,

 

If That Was Not Disclosed To You Which It Was Not (please Confirm)

 

O Happy Days For You

 

The news is getting better by the hour, you little star you :-D No, the commission has never been disclosed at any time, anywhere:eek:

 

I have posted last Tuesday, 22 Sep, a CPR 31.16 to HL Legal in response to their letter headed Notice of Intended Court Proceedings, and the SAR is of course covered in that. It was signed for at 10.03am on Friday 25th. They were given 14 days from receipt of letter. I have that marked on my calendar for Monday 12 October. Could I save myself £10 by waiting for that:???:

 

I used angry cat's second letter below. Have to go get some food quickly now to feed the starving children, but will post it up when I get back if you like:cool:

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Gee thanks for that, phew :eek: I like this bit:

 

Obviously if there has been no disclosure the agent will have received a secret commission. This is a blatant breach of his fiduciary duty but additionally the payment or receipt of a secret commission is considered to be a form of bribe and is treated in the authorities as a special category of fraud in which it is unnecessary to prove motive, inducement or loss up to the amount of the bribe. The principal has alternative remedies against both the briber and the agent for money had and received where he can recover the amount of the bribe or for damages for fraud where he can recover the amount of any actual loss sustained by entering into the transaction in respect of which the bribe was given. (Mahesan v Malaya's Housing Society [1979] AC374, 383). Furthermore the transaction is voidable at the election of the principal who can rescind it provided counter-restitution can be made. (Panama & South Pacific Telegraph Co. v India Rubber, Gutta Percha, and Telegraph Co. [1875] 9 Ch App 515, 527, 532-3).

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The news is getting better by the hour, you little star you :-D No, the commission has never been disclosed at any time, anywhere:eek:

 

I have posted last Tuesday, 22 Sep, a CPR 31.16 to HL Legal in response to their letter headed Notice of Intended Court Proceedings, and the SAR is of course covered in that. It was signed for at 10.03am on Friday 25th. They were given 14 days from receipt of letter. I have that marked on my calendar for Monday 12 October. Could I save myself £10 by waiting for that:???:

 

I used angry cat's second letter below. Have to go get some food quickly now to feed the starving children, but will post it up when I get back if you like:cool:

 

 

With Postal disruptions, my CPR31.16 letter was signed received on 25 September. I have had no response yet:mad:

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Guest Carcraft Customer Service Manager

Hello,

My name is Linzi. I am one of the customer service managers at Carcraft, and I have read through your threads. If you feel that I may be able to help, please feel free to call me on my direct line 01706 753 569 or respond to me via this thread

Edited by Carcraft Customer Service Manager
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Can I ask if you go around reading many threads, as it seems as though you've 'read through' at least two people's in the space of 10 minutes today?

 

I may be way off base here but it would seem that you have simply typed in 'carcraft' and pasted the same sentence to the threads in the hope of getting a call, much as your colleage (giving the benefit of the doubt that it's not you using another name) has done in the past.

 

Apologies if I'm wrong here, but you can see how it looks rather strange when neither of you have offered any actual help save for giving a phone number to call.

  • Haha 1

Time flies like an arrow...

Fruit flies like a banana.

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Guest Carcraft Customer Service Manager

Hello Lexis,

 

I read through as many threads i can where i can see someone has disatisfaction in relation to Carcraft, i posted the same sentence in 2 threads as they were both linked.

 

I work very closely with my colleague who has posted previously, people who have seen our post have called us and we have rectified their situation.

 

I cannot promise that we will always get the solution that is wanted, however, each case gets looked into thoroughly and we try our upmost to come to a resolution that both parties are happy with.

 

Thanks

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Thanks for replying.

 

How about looking thoroughly into the case by reading this entire thread (which has pretty much all the detail you would need, and in writing to boot so nothing can be mis-interpreted) and then offering a resolution that both parties are happy with?

 

That would go a long way to alleviating apprehension about your posts...

Time flies like an arrow...

Fruit flies like a banana.

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  • 4 weeks later...
With Postal disruptions, my CPR31.16 letter was signed received on 25 September. I have had no response yet:mad:

 

 

So, according to that letter I sent them, I need to proceed. Any help please:confused:

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  • 3 weeks later...
  • 1 month later...

Im really hoping I can get Postggj to come back to my thread to have a look at the contract figures. I've just come from louisd77's thread about Welcome and it's getting exciting. I am in limbo with my lot and have just spent a couple of hundred pounds getting my vehicle back on the road from SORN and I don't want to lose it!:(

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  • 2 weeks later...

Lets See If We Can Sort Your Agreement Out

 

Can You Let Me Have The Following Details

Need My Eyes Testing

 

1/ Amount Of Credit (loan)

2/ Amount Of Any Insurance

3/ How Many Months Is The Agreement Over

4/ What Is The Apr

5/ Any Aceptance Fee

6/ Any Option To Purchase Fee/admin Fee

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Ah postggj, thaaaaaaaaaaaaaaank you:)

 

1) Amount of loan 6995

2) Insurance/Warranty Loan (NAC) 1795

3) 60 months

4) APR 18.2%

5) First payment (including Acceptance Fee) 308.31 on Loan & 79.11 on Warranty

 

The contract is headed Motor Loan, Fixed-sum loan agreement regulated by the CCA1974

 

I also have a copy of Carcrafts's Sales Invoice to GE Capital - HP showing different figures plus Carcraft's Finance Invoice addressed to my name but completely wrong address showing different figures yet again. I am going to try and rescan these 3 docs larger for you:)

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