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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.
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Debt letter- help needed


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Hello everyone,

I am need of some advice, this is my first time here, and I am nervous.

I have just received a letter from cabot stating I owe £2000? from an M & S chargecard, now this letter came in my previous married name, and that was changed approx 12-13 years ago. .. and I know I wouldn't have run up £2000! so think it could be mega interest.

 

I havn't had anything from Cabot before, and to be honest can't even remember if I had letters from M & S, as I had a nervous breakdown at the time of my marriage break up.

 

I havn't been in contact with Cabot, nor made any payments etc.. I am trying to find out as much as I can, I think I read I should ask for a copy of the agreement within 12 working days? what happens if they provide that? ..I am so scared, my credit record now is good, and being paranoid anyway, has sent me into a tail spin.

Could anyone help me, and do I sign the letter after I have asked for the copy of the original agreement? as I have read conflicting reports about that too.

 

Thank you in advance

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Hi Hetty....and welcome to the CAG forums.....please try and relax as you are amongst others who are/have been in similar situations as yourself....my first piece of advice is to send letter 'M' from here - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Basically if you have neither made a payment towards or acknowledged the debt in 6 years (5 in Scotland) then it is barred by the statute of limitations act 1980.....even if you have made a payment, as long as there is a clear 6 years gap, then it will still be statute barred....

 

As for the letter above, send it by recorded delivery and do not hand sign the letter (print your name).....and keep the delivery slip and a copy of the letter safe...

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This sounds like a clear case of a statute barred debt.

 

Are you absolutely sure you have not acknowledged any debt or paid anything towards the account they mention in the last six years?

 

SH

 

I am sure as I have been very ill, no payments made, nor contact about this store card, as I said, I can't be sure they havn't contacted me under another company debt name, but I know for sure I havn't written to them or offered money, I havn't been well enough to deal with anything.

 

Thank you for the template.

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Send it off ASAP.....and keep us posted, please don't talk to them as some will lie to you to frighten you into paying....and if they carry on pestering you this is what the OFT say... - Section 2.14 (b)

 

continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

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Just as an aside it is important to realise that statute barring happens when ANY six year period elapses without payment or acknowledgement.

 

So, even if you had been foolish enough to contact them and start making payments after the six years, that would not prevent you from being able to stop paying as the debt is still considered to be statute barred and is not enforceable at law.

 

The tragedy comes if you are bullied into making a payment or acknowledgement after five years and eleven months. This starts the clock back to zero.

 

SH

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Just as an aside it is important to realise that statute barring happens when ANY six year period elapses without payment or acknowledgement.

 

So, even if you had been foolish enough to contact them and start making payments after the six years, that would not prevent you from being able to stop paying as the debt is still considered to be statute barred and is not enforceable at law.

 

The tragedy comes if you are bullied into making a payment or acknowledgement after five years and eleven months. This starts the clock back to zero.

 

SH

 

How does this work as regards a home repossession debt?

 

Is it 6 years for the interest & 12 years for the initial debt?

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How does this work as regards a home repossession debt?

 

Is it 6 years for the interest & 12 years for the initial debt?

 

There are some debts relating to property where the 6 year rule doesn't apply. You will definitely need a specialist to go into that with you.

 

SH

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I have written the letter will send tomorrow, what happens if they don't accept this? sorry to sound fraut, but this is the first time I have had this.

 

If they don't accept the debt is statute barred, then they will need to PROVE that it isn't.

 

The onus is on them to supply the proof that a payment or acknowledgement has happened within the six year period.

 

If they start to make claims of this kind, come back here and post what they say, but it doesn't sound from what you say as though there is anything genuine for them to pick up on.

 

Just for the record, you might want to have a look at PossVox's thread, where Crapbot have alleged that a payment was made on a statute barred debt. As of now, it is uncertain whether they will proceed as far as court, but they don't seem to have a shred of evidence to back themselves up.

 

It may never get that far with you. For now, send off the SB letter and see what happens.

 

SH

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Can I ask for more advice, I have received a reply from Cabot stating that my case isn't statrue barred because I have made a payment, and they enclosed a print off of payments. Now this is where I get confused, I am not denying that I never had a charge card I did, it was the time lapse that was my main concern - the debt was given to GLOBAL and I started to pay off £5.00 in 2004 ( this is why I was confused when CABOT letter arrived) I was so scared when Global wrote to me I started to pay, that was in 2004, so I carried on paying to them however in May 2008 i called them to ask for more slips, and they say they had sold the debt ? heard no more until now.

Now here is why I am confused...in the letter that arrived today from cabot this is what it reads

"You acknowledged your debt on 29th May 2008 therefore we have a right to recover the outstanding debt on this account which isn't statue barred we can take acction through the courts and collect the debt including interest since 30/04/1996.

 

Now due to a mental breakdown I became ill in 1996, so this is when I must have stopped paying my card, then I heard from Global debt because of fear started to pay £5.00 in 2004. I have spoken to a guy at a local debtline, he says it would still have been statue barred even at 2002 which is when the statement shows interest-, but I am so upset and feel terrified, could anyone he;lp or advise, Cabot want me to ring them.

Because of my PTSD I can't deal with much nowadays, and I struggle to even put a good letter together, please help.

 

Just to recap as I have rambled.:confused:

Debt originally to M&S- 1996 ( lost job due to illness)

Heard from GLOBAL in 2004 £5.00 a month paid until 2008

Global sold debt to Cabot with alot of interest now.

 

 

and thats where I am.

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Having viewed lots of threads regarding Debt Collection Agencies and their underhand tactics I believe that from what you are saying the debt is statute barred. Once (IF)you get a reply from your CCa request and it shows no payments from 1996 to 2004 then it definitely is statute barred and they can go whistle. I would also be going back to Global to complain and also to Trading Standards.

fox8)

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Dear sir / madam...(send recorded)

 

I will not be making any more payments to your company. This debt was statute barred even before I was making any payments in 2002

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

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1 High Street,

Newtown,

Kent

R21 4RH

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other __________________

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I copied that from the template letters section

replace all the red bits with your relevent information.

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Silver fox, that is the letter I have already sent.- they replied the next day its not statue barred- why would Global sell the debt when I was paying it?.

At that stage I hadn't even heard of statue barred, and paid it because I am terrified of strangers coming to my home, as they said I'd have collectors , so I started to pay Global in 2004

Should I ask for the original agreement, sorry about all the questions but I am in your hands here, as I don't know what I am doing, they havn't phoned as none of the compnaies have my number.

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OOPS! Sorry hetty my bad. I should read earlier posts a bit better.

I think they need to prove that it isn't statute barred but as I'm still a relative newbie I can't point you in the direction of any relevant letters that others have sent. I'll have a look around and see what i can find.

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I'm sorry but this is all I could find.

you could amend to suit your situation.

Their ADDRESS YOUR ADDRESS

 

 

 

 

Dear Sir Madam,

 

I refer to the above account number regarding my account with yourselves, it is my belief that the debt that you have purchased from XXXXXXon *DATE* is statute barred, the reason for this is that I was originally defaulted in *DATE*, and XXXXX bought the debt around *DATE*, thus making the debt statute barred as I have had no contact or acknowledged the debt in a six year period from *DATE* till 2003, therefore it is my conclusion that the default you have registered against me is unlawful.

 

If you don’t remove the default within fourteen days a county court claim for removal and damages will be issued with out further notice.

 

You have 14 days to reply to this letter.

 

Regards,

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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