Jump to content


  • Tweets

  • Posts

    • 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)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Urgent Advice Needed Please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5700 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

Not sure if this is where I should post

 

Very, very long story, but I'll try to keep it as short as I can

 

In 2005 my Mum died, it hit me really bad, and I did some stupid things like take out loans and Credit Cards I couldn't afford.

 

In 2006 was taken to court over one loan, CCJ and payments set, paid two payments, then managed to sell my house. Enough equity to pay debts off, but as my User ID suggests Stupid!! didn't do that, instead brought another house for cash, and changed my name. Didn't hide name change was shown on Equifax and Experian, but anything that came through in my old name I returned as not at this address, see head firmly embedded all the way through to the Sahara!

 

A short while ago, an HCEO turned up at my house looking for me, I panicked and said Nope, not here, and off he went, see I just don't learn!!!

 

Anyway, after two years off hiding, and dreading the postman, I've had enough. OH telling me to sell and run, but I've had enough of running, and feeling sick all the time, time to face everything

 

Ok, so question is, what do I do now?

 

Know the HCEO is going to be back, have read on here not to let him in, but I know I'm going to lose my car as I nowhere to hide it, without letting all the neighbours know what is going on, I'm getting brave but not that brave!!

 

What is likely to happen, Know that if Balliff can't get in it them goes back to court, am I then looking at a charging order, forced to sell, or bankruptcy. The only asset I have is my house, which is enough to clear all debts, but then my kids will have nowhere to live. Not concerned about me, just don't want them to suffer for my stupidity. I know I have to pay these debts back, and I want to, just scared off the unknown

 

I know this is all my own doing, and I am truly sorry, but please could you help me, because at the moment the light at the end of the tunnel seems to be an oncoming train

 

Thank you

Link to post
Share on other sites

Hi, I am too new on here to offer any advice, however I do know no-one will judge you for what has happened.

 

Dont panic and I am sure someone more knowledgable will be along very soon to help !:)

  • Haha 1
Link to post
Share on other sites

Hi Cosalt,

 

Thanks for that, was a bit worried about being judged, but at the end of the day, I've done a lot of bad things, so wouldn't be undeserved

 

Can't stop the panicking though

 

Anyone please :?

 

Sorry if I'm being impatient, but I really want to get this over and done with :( I know I've made mistakes, I would just like some help/advice on how to try and sort this out

Link to post
Share on other sites

Hi, Please dont keep putting yourself down, I dont think anyone on here is going to judge you, we all have enough of our own problems, so try to stay positive. First of all, what is (HCEO). Is this a debt collector and is it the car debt he is chasing and is the car on Hire Purchase? Please try and give more info about who your creditors are. Before revealing all to your creditors, remember there is a six year limitation rule which means that they are unenforceable if you have not admitted to the debt within the six years of the default of the debt. When we have more info, perhaps we can suggest a way forward.

Link to post
Share on other sites

No one here will judge you stupidlincs, we have all been there and this forum is littered with the t-shirts!

 

The swing lid "filing cabinet" in my kitchen recieved most of my letters until I became a member of this forum. It is a story that a lot of us have experienced.

 

More members will be along soon with some more appropriate information/advice when you have given more information as suggested by joblogs.

 

MONX

Advice given is my opinion only, I am not a legal or financial expert (far from it).

Link to post
Share on other sites

HCEO is a High Court Enforcement Officer, there is no debt secured on the car, but they can take it towards the debt

 

CCJ awarded in 2006 so definitely not Statute barred

 

What information do you need? Obviously not going to let the HCEO in, so when it goes back to court what happens next is my main worry

 

Thank you

 

Well, I tried

 

Thank you to those of you that have replied, Sorry if I haven't given enough info, but I don't know what to do

Link to post
Share on other sites

Hi, please dont give up, we are here to help you. Can you tell me what debt the HCEO is chasing you for, has it been to Court and do you have a CCJ for that debt? I understand from your previous post that it is not the CCJ you obtained via default. About your car, what is the value of it and I presume it is registered in your name. The registered keeper on the log book is not necessarily the legal owner. Also, are you on the electoral register?

Link to post
Share on other sites

Hi Joe, Thank you for replying :)

 

HCEO is chasing debt, CCJ obtained by default, as kept ignoring letters

Debt is to Screwfix, on CCJ it had "my name" and then trading as "my name", but I was never a business, just opened a self build account for a renovation I was doing

 

Book value of car is abt £1200, it's registered in my new name, not the name the debt is registered in. There is no HP on her, I am on the electoral roll in my new name, not the old one which has all the debts against it, it's all very confusing

Link to post
Share on other sites

I just want to get this straight in my head. HCEO is chasing a debt, has it been to Court as I thought the CCJ you mentioned earlier was not connected with HCEO or is it the same debt. Please just clarify this for me. Also how much is the debt for.

Link to post
Share on other sites

The debt that is being chased by the HCEO is the one that went to court and CCJ obtained by default, sorry for the confusion

 

Original credit limit was £750, but I dread to think about how much it is now, can't tell you, as I never opened the letters, so I don't even know which court it was done at, D'oh!

Link to post
Share on other sites

Well you have a choice here. You can either hold your hands up and try to come to some sort of payment arrangement with the Court, however, this may 'wake' up your other creditors. Also as you are on the electoral register your new name will be linked with your old name on your Credit File. Or you can choose not to renew your name on the electoral register and ask your postman to 'kill' the letters off as they are nothing to do with you. A family member of ours is a postman and is often asked to kill the mail off on his round - what they do is take it back to the sorting office and stamp it as 'gone away'. You should also not apply for credit for the next six years. The choice has to be yours.

Link to post
Share on other sites

Never been on the electoral register in my old name, old name is on Equifax, but the two credit files have not been linked yet, but I know it is only a matter of time.

 

Already have a bank account and card in new name, so too late for that, also in the process of applying for a self cert mortgage, which has been approved in principle, so I've got the money behind me to pay anyone else who comes knocking, I'd rather be mortgaged to the hilt, than lose my home

 

Don't want to hide anymore, dreading the post everyday, or a knock at the door, so it's got to be better that I face it now. How do I find out which court it's registrered at, and what can I do about it?

Link to post
Share on other sites

You could try contacting Northampton County Court, they are the main bulk centre clearing Court for creditors, phone and give them as much info as you can and hopefully they will be able to supply you with the info you need. Good luck with sorting this out, try and stay positive and strong headed, I am certain things will sort out for you.

Link to post
Share on other sites

Sorry to be a bit harsh, but there atre 17 posts here and no details of what the debts are!

 

In order to help, we need to know what the debts are for. You say one of the CCJ's is for screwfix, Do they have a enforceable credit agreement? Are there late charges or costs you can claim back?

 

What is the other CCJ for? Who from? How much?

 

The more info you give, laid out clearly, the more help you'll receive.

 

JOgs

Link to post
Share on other sites

Lol, don't worry about being harsh, bit new to all this

 

CCJ in 2006 has so far not turned up, so at the moment, rightly or wrongly, not going to go looking for it, as and when it does turn up, will deal with it

 

Default CCJ, is the one the HCEO is chasing for, is for Screwfix, which was a Self Build Credit Account, as for your other questions, I don't know if there are late costs, or a credit agreement, all letters got sent back or binned, how would I find out? Going to contact Northampton tomorrow, but should I phone Screwfix and ask them?

Link to post
Share on other sites

Hi StupidLincs

 

Where there is more than one debt owed it is a good idea to start a new thread for each debt and give as much information as possible about each debt on it's own thread.

 

It makes it much less confusing and you get a lot better advice as different types of debt can have very different types of advice/solutions.

 

:)

Link to post
Share on other sites

 

Default CCJ, is the one the HCEO is chasing for, is for Screwfix, which was a Self Build Credit Account, as for your other questions, I don't know if there are late costs, or a credit agreement, all letters got sent back or binned, how would I find out? Going to contact Northampton tomorrow, but should I phone Screwfix and ask them?

 

 

Hi StupidLincs

 

Don't worry it's easy to find it all very overwhelming to start with but it does get a lot easier I promise :)

 

Is the bit in the box above my text here everything you know about the alleged screwfix debt or did you add anything further up the post about it that isn't on this post, if so just add it in another post from you and it will show below this one.

 

Then it should look a little clearer to anyone who can help. :)

Link to post
Share on other sites

When you took out the screwfix, Self Build Credit Account did you sign any kind of credit agreement?

 

If you did, do you know the approx year you signed the it?

 

As suggested in post 17 you could try giving Northampton County court a call as they may be able to give you details of the CCJ or maybe a copy of any paperwork they may have....at least that may give you more information to work with.

 

Sorry to not be much help, i'm sure someone who knows more will be along soon aswell :)

Link to post
Share on other sites

I think there's two Courts in Northampton...I think the one you need to ring is 'Northampton County Court (County Court Bulk Centre)'

 

When you've rang the court post back here what they say, the staff there are usually really helpful.

 

In the meantime someone may be able to give you information about credit agreements made over the phone, as i'm not to sure about that.

 

It might be worth putting 'screwfix' in the search bit above these posts as other people may have been in the same situation with screwfix.

 

I'll have a look round aswell, if you have any more question just ask and someone will reply :)

Link to post
Share on other sites

Hi,

 

Have been trying to phone Northampton County Court all morning, but line is constantly engaged (Is this a sign I wonder, Lol)

 

Number I have is 0845 408 5302. Does anyone know any other numbers, or do I just keep trying?

 

Thank You

 

Woohoo!! Got through, BUT, lady I spoke to was very apologetic, but they haven't got the facilities to search through all their files.

 

Was all fired up, ready to sort things out, now feel a little deflated, Lol, think I need to get out more

 

So do I phone Screwfix, or wait for the bailiff to come back?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...