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    • 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  
    • 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.
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UK26 -V- Experian Limited


UK26
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Hi

 

Still working on the case, just an idea i need to run passed you guys.

 

Can i do a witness statement to support why my claim should be heard and not be struck out? or is it best to simply send in the statement of caese??

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Hi

 

Still working on the case, just an idea i need to run passed you guys.

 

Can i do a witness statement to support why my claim should be heard and not be struck out? or is it best to simply send in the statement of caese??

 

I would submit to the court that you believe your claim also consists of elements that are of particular public importance,

It will be extremely doubtful that it will be struck out they are saying this to you in an attempt to make you give up. They do not want you to get it into court.

 

I have just warned Experian that I will be taking them to court also, and I have had exactly the same monotonous wording back.

 

Thyey will apply nfor strike out due to claim having no merit and apply for costs of strike out etc etc ...."bulls droppings" aren't I polite????:D:D

 

I'll be posting some more stuff on my HBOS thread, I'm having big time fun with them.

 

sparkie

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Hi, spark1 civil procedure rules state, where a lay representative conducts a case on behalf of the claimant or defendant that the lay representative can only do so in the presents of the claimant or defendant and cannot do so if they are absent.

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Hi, spark1 civil procedure rules state, where a lay representative conducts a case on behalf of the claimant or defendant that the lay representative can only do so in the presents of the claimant or defendant and cannot do so if they are absent.

 

 

Thanks for that info m8.

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Best of luck UK.

Mine is on hold to await the outcome of this one.

 

Again Best of luck!

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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Subbing in - fantastic work people.

 

the very best of luck

[COLOR=blue]THAMES CREDIT: STATUTE BARRED LETTER SENT [/COLOR][COLOR=red]No reply[/COLOR] [COLOR=#0000ff]HILLSDEN SECURITIES: CCA REQUESTED [/COLOR][COLOR=red]No reply[/COLOR] [COLOR=#0000ff]ROBINSON WAY: CCA REQUESTED [/COLOR][COLOR=red]In default, 30 days up 6th April[/COLOR] [COLOR=#0000ff]LOWELL: CCA REQUESTED [COLOR=red]In default 30 days up 6th April made offer for F&F - refused [/COLOR] :D [/COLOR]

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HI UK26,

 

I will be taking Experian on very soon, in the meantime I have come up with some questions for all CRA's to answer and may come in use to you to ask in court.

 

sparkie

 

Questions about the processing of Data & Information about individuals.

What law statute or regulation states that Personal and Financial information MUST be supplied to Credit Reference Agencies. ( CRA’s)

Questions regarding CRA’s.

1…What law, statute or regulation states that a CRA MUST accept all personal and financial information without question?

2…Why do CRA’s appear to believe and argue that they are not duty bound as a designated data controller in receiving and further processing data, to abide by the same obligations to an individual as another data controller who supplies data to a CRA, in ensuring that the data is lawfully obtained and passed to them in compliance with the First Principle of the Data Protection Act 1998?.

3…Why do CRA’s appear to believe and argue that they are not duty bound to ensure that the data they receive/obtain and further process is accurate, true, correct and up to date, in compliance with the Fourth Principle of the Data Protection Act 1998?

4…Why do CRA’s appear to believe and argue that they just have signed contractual

obligations to their clients and not have contractual interests/obligations to an individual, after all it is the information about individuals from which they make their money and depend on for that money,

5…Why do CRA’s not have in place a system which prevents the unlawful access to their system to prevent unlawful processing of data ( processing also means “obtaining of data” ) and is a necessary requirement under the Seventh Principle of the DPA ( Security of data.

i.e to prevent unlawful searching of a credit file without the knowledge and consent of the data subject.

In other words just allowing any client to access any file they wish without checking they had authorisation

6…Finally why is it that CRA’s are biased against all reason, by over riding any legitimate complaint/ dispute made by an individual. Why is this accepted when only a court can decide if they have that right.

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check out post 3 section 3.9 and 3.9 2

Provide to the defendant copies of the lenders credit agreements

How many people have sent a CCA and got a letter back stating they int got a agreement so thers no chance of producing one in court??

Please Tip My Scales if Info was Use full

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[update]

 

Has you may know, I took court action against Experian Limited for publishing incorrect data.

 

Andrew Mills applied to the court to have my case struck out and be awarded over £700 of costs.

 

Today was an application hearing to have the case struck out

 

Andrew Mills and I both attended court

 

 

 

Hearing lasted for 1.5 hours in total

 

 

Outcome was, Application to have my case struck out was dismissed, and the judge ordered Case Allocation Questioner to be sent to claimant to be completed and returned.

 

 

 

Andrew Mills invited me after the hearing for a quick chat.

 

He as now agreed to go back to the banks and question the data again, but also ask to see proof.

Andrew Mills, wanted me to suspend my case, pending there investigation into my disputes. I advised Andrew Mills, that I would only allow this, if they remove the data now or block it from being seen by other lenders. He denied this, so AQs will be filed with the court.

Edited by UK26
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Go get them UK, well done and im sure you've got them quaking in their boots.

keep us posted

 

Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hi UK26

They do not want your case heard in court

They don't want to attempt to pull the wool over a judges eyes the same way they do with a data subject.....I will bet before they will allow it to go to a full hearing they will offer you quite a bit of compensation linked to a non disclosure agreement.

 

sparkie

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Excellant result well done

I noticed they said they would check proof, they should do that anyway when the consumer brings a complaint up! cheeky blighter!

 

Good luck

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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We will Check they should have done that bloody before i would have said well i thought you carried out checks?

i would not back down now even if they offer you out of court to drop it hes crapping himself thats why he wanted a chat???

i would write and tell them if they contact you will look forward to seeing you in court

bet this will not get to court

I had the same problem with someone i worked for took it to court for Damages For PTSD they asked can we have a meeting with you and you legal team YES OK

went along we would like to settle out of court THEY GOING TO ADMIT THEY WERE WRONG no

ok see you in court BYE

7.30pm night before court gets a call off them with a offer we will meet you and legal team at your home if you agree NO see you tomorrow goodnight

9pm get a call from my legal team with a offer of them they will give me the full 30yrs service and medically retire me and X amount if you agrre tonight SORRY HAD TO TAKE THE OFFER IT PAID OFF MY MORTGATES AND SET MY KIDS UP WITH A GOOD TRUST FUND

boy didnt they sweat working till 10.30pm panicing to sort it before 9.30am god i loved having them on a run around they even paid for me to have a taxi 40 mile round trip to sign told them they not welcome to come to my home

keep them on the run

Regards DK

but in afriaid will todays credit crunch if the offer is good you gota take it but hold out till last minute

or we could always let it run to set a presedece and all CAG members donate a quid or 2 each to match there offer i know i would

because if you win we can all go get them

Please Tip My Scales if Info was Use full

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here here DK, can you imagine, the floodgates would be well and trully open. there are so many people behind UK and this thread

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Thanks guys for your support, Mr Mills ant a happy bloke lol

 

I'm looking forward to the trial and watching Experian try there best to wiggle out of this lol

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Hi

 

How would i apply for Summary Judgment?

 

Excellent.

 

It must be very frustrating for them, having to justify their actions when in the past it has gone unchallenged.

 

UK26- Perhaps time for you to apply for a Summary Judgment, keep them under pressure.

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Hi

 

How would i apply for Summary Judgment?

 

Think you just fill N244, and no. 3 where it says what order are you asking the court to make, you would just say you want a summary judgment, since you don't think that the defendant has any prospect of defending this, thus no reason for it to go to trial, and you want to deal this by way of a hearing.

 

I am sure other experts will help fill in the missing bits.

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Subbing

 

Hi UK26 I am watching with interest good luck although I don't think you will need it. If they could defend and were confident they will win why would they want to speak to you out of court at all?. As been said before...go get 'em.

 

DK your post #49 made me smile that was def' a victory well done for you and your kids although no more than you deserved.

Knowledge is Power

Go get em!

Have I been of any help to you? if so please click my scales to the left to enhance my reputation. Thank you. If not PM me.

 

Nationwide - won claim 

Advice & opinions of mahharg are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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