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

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being made bankrupt. need to get £6k asap


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I need to get £6500 (they originally said a settlement of £5100 but full amount is 6500. The reason is coz I have a house and it is jointly owned by me and my bro. The mortgage is 120k and house worth 220 pre-credit crunch, so prob 200k now.

 

I dont want to get repossessed for this amount and cant go BR coz I own equity in the home.

 

So I would like to know if there are companies out there who will buy up the debt and put me on a voluntary agreement. I originally had a voluntary agreement, which I defaulted on and then they agreed it again only if I put a voluntary charging order on the house, which I refused, so they are going for bankruptcy now and I have the BR petition and court date set.

 

 

Unless they agree to a voluntary charging order again and I send in the papers this time round, the BR will go ahead. So, are there companies who will buy it up for me and then I can arrange a new agreement with them?

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Hi

 

Sorry, what is a dca? It is Phoenix Recoveries (UK) who are after me. They have bought the debt off my credit card company (I phoned up my credit card company to check and they said they made a decision to sell the debt on).

 

As I say they gave me the option at first to put a voluntary charge on my house but I havent signed it and disputed I owed the debt as it is really company debt, but this was dismissed by the judge because the card is in my name ( I used to pay myself-my credit card- back when money came into the company, but I had problems and dissolved the company wihout having paid the credit card off so leaving this 6500 residual balance in my name.)

 

Anyway, so it's become a personal debt and I think Phoenix must be a debt recovery company. I don't know what a DCA is, sorry.

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Sorry I think I have worked out that DCA must mean Debt Collection Agency. Yes, I think they are a debt collection agency....that's why they are called phoenix recoveries. And no, I don't have a copy of the credit agreement if that is what you are going to ask next. I do owe the money but while I had a company and everything was going smooth, I could keep paying, but I have not paid since last summer (2007) until this summer (2008) when I said i could only afford £10 token payment as I was unemployed and they accepted so long as I accepted a voluntary charging order on the house. I was going to, but as it was company debt in my personal name as already stated above, I disputed a statutory demand they sent, and now since that has been dismissed by a judge, they have sent a bankruptcy petition.

 

So what do I do now? Can I get a quick loan on the house from anyone? This all shows up on my credit scoring through experian and although I had an offer of another remortgage, due to the credit crunch and my credit scoring (1 satisfied CCJ and two defaults, one of which I have satisfied last week), the rate offered was too much at 7.9% plus fees added to the mortgage again were going to be a lot (about 3K). It's a pity really, cos they were offering this debt to be satisfied for £5100 in full and final satisfaction, but I can't get the right rate as I said and now I am worried I will lose the house and my bro will kill me coz he owns half the equity in it.

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you will get used to shortend terms

 

DCA

 

debt collection agency

and yes phoenix is a well known dca

 

tell me, which credit card is it and how old is the account, and when did you make the last payment to the credit card company

 

we will get to the next thing soon

you will have to send a request for your agreement

if they dont have it, its game over

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hi

I have just read your post, the account is about 6 or 8 years old I think. It is a marbles credit card (part of HFC I think)

The last payment on the voluntary agreement was made last July 2007 for £100. Then I went abroad and did not contact them til I got back. Then they said they would resume the agreement so long as I agreed to a voluntary charge on the house and they would accept £10 a month then until I get work. So I have paid £10 in August and September. I guess i still owe octobers and this months too, which I could pay.

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I disputed a statutory demand they sent, and now since that has been dismissed by a judge, they have sent a bankruptcy petition.

 

If your SD has been set aside how can they continue with a petition?

 

What grounds did you get the set aside?

Consumer Health Forums - where you can discuss any health or relationship matters.

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I did NOT get it set aside. it was Dismissed. My claim to get it set aside was dismissed. i already said that.

 

I want to know how I can stop this all happening to me. What right has some edit got to take my house off me when my mortgage is up-to-date. edit whole country stinks, is run by millionaire edit who don't give a sh*t about anyone else. There should be LAWS in place to stop someone calling in your house for a debt less than say 20K. They get their money back from insurances anyway I think.

 

I would like to know anything I can do, even if it is devious. if I put the deeds in my bro's name, I think they can come after him, but there must be a way around it somehow.

Edited by saintly_1
inappropriate language
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I did NOT get it set aside. it was Dismissed. My claim to get it set aside was dismissed. i already said that.

 

I want to know how I can stop this all happening to me. What right has some edit got to take my house off me when my mortgage is up-to-date. edit whole country stinks, is run by millionaire edit who don't give a edit about anyone else. There should be LAWS in place to stop someone calling in your house for a debt less than say 20K. They get their money back from insurances anyway I think.

 

I would like to know anything I can do, even if it is devious. if I put the deeds in my bro's name, I think they can come after him, but there must be a way around it somehow.

 

 

 

CCA them under S.78 CCA 1974 for a true copy of your consumer credit agreement. Send £1.00 fee and post it Special Delivery. If they don't comply within 12 working days then theycannot enforce the debt while in default of request.

 

Also do a S.A.R - (Subject Access Request) under S.7(1) Data Protection Act 1998 for ALL information they hold on you to the Original Creditor - again post by Special Delivery. They have 40 days to comply and should produce a copy of your signed comnsumer credit agreement (if they have one). Post whatever agreement they send on forum and find out if its enforceable., If its not enforceable then Bankruptcy Petition will fail.

Edited by saintly_1
quoted an edited post
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And what if they DO have these credit agreements? I would imagine that they must have them, otherwise they wouldn't go for a bankruptcy in the first place.

 

Who do I have to CCA? The DCA or ther original creditor?

What's the point of getting a SAR done? Is this just an enforceable wat of making them send out a credit agreement?

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This is the relevant piece of legislation - have a read -

 

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement;

 

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement

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Sorry? you dont have time to go through all this? these people are trying to help you to keep your house, they are giving up their time to help and advise you , MAKE TIME!

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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well I read on another threads somewhere that it doesn't matter whether or not they respond within 12 days, they will still bankrupt you after if they want to. My creditor's solicitor have even said in one of their letters that their client will send me a copy of their SAR if I send £10 and a request for it.

 

I guess this means that they have got it? What is on the SAR anyway and what does that have to do with being enforceable or not?

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