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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
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    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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      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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Perhaps this thread should have been made invisible. No doubt that after all this time it must have been found by someone reporting to them and they gleaned too much info. If you're going to conduct your appeal on CAG it's worth thinking about asking for it to be hidden.
The only way that could have been detrimental is if Fred was trying to hide anything, which I don't see as being the case.

 

Then again, I'm just speculating at this stage.

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But watching your every move gives them the upper hand, even jovial conversation can give out information that would not be in the best interest to publish and gives them the chance to counter something they never thought about or could have reasonably made a defence to.

Edited by Conniff
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Hi everyone thankyou so much for all your support.It means so much after a day like this I can tell you:eek:

It's been a long day. Fred gave it everything he'd got, as did his McKenzie friend and I.

 

I wish I could go into detail about what happened, but I think you get the picture.

Thanks conniff for your wise warning too. I expect you've all noticed I haven't had much to say lately and the need to be cautious has been the reason.

 

Onwards and upwards;)

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Just when we thought there would be closure but am sure anyone reading the thread, even the guests will understand why you can only post the minimum and am sure there will be many more messages of support coming

 

Ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Just when we thought there would be closure but am sure anyone reading the thread, even the guests will understand why you can only post the minimum and am sure there will be many more messages of support coming

 

Ida x

 

Thankyou Ida. Fred and I really appreciate how understanding everyone is. I would dearly love to pour out everything, but to be honest I think the situation speaks for itself. One day I promise the full story will be told and in the meantime I'll say as much as I can.

 

Thankyou everyone, your suport and understanding is priceless. For now it will take a day or two I think to plan the next step and we need a good long sleep.

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So sorry to hear your news Patma but you all live to fight another day in the Appeal Court.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Thankyou Yorky. What a long time ago it seems since this all started and you came along with help and support all the way back then.

We'll get there.

Just need a second wind and a good rest for a day or two.:confused:

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So sorry to hear your news Patma but you all live to fight another day in the Appeal Court.

 

You must get the appeal heard away from your local area. I think most of us who've read the thread are capable of putting 2 and 2 together.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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So much heartfelt thanks to all of you. I think we are all on the same page here regarding how we feel about what happened today. The support, advice and genuine good wishes from all of you amazing caggers means the world to Fred and Patma.

I wish them all the best for the appeal and hope they manage to get some well earned rest tonight.

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Hello Patma!

 

Obviously, this has to be Appealed. I think we have all detected that a stitch up was highly likely, and our suspicions were confirmed by this.

 

OK, the Appeal is pay-back time, and this has the potential to put everything right.

 

I suspect the Appeal will be comparatively easy given the work that has already gone into the case, so far.

 

It's now time to duck under the Radar, and keep the next moves in camera.

 

Cheers,

BRW

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So sorry to hear this, Fred/Patma..:( good luck with the appeal .

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Hello Patma!

 

This is just some general advice on how to handle an Appeal (taken from one of my other ramblings elsewhere on CAG), which may be of interest to both you/Fred and any other genuine Caggers that may like to know.

 

Fred has 21 days to get his Appeal in, and whilst it may seem daunting, it's not as bad as it seems, provided he gets started and works through all of the steps to get everything ready in time for the 21 day Deadline.

 

This is the bit of CPR Fred needs to start reading:

 

PART 52 - APPEALS - Ministry of Justice

 

This is the CPR Supplement that goes with the above:

 

PRACTICE DIRECTION 52 – APPEALS - Ministry of Justice

 

A key admin step is to get a Transcript of the Judgement going. That should not be too expensive, maybe £100-£150 approx. You will need that for the Appeal. That needs Form EX107. Here's the link:

 

EX107

 

That is just a simple Form where you state what the Claim was, and say which Transcriber you will like to use. I can recommend a very good one, but I need to advise the name via PM not in open Forum. The person is listed in the Approved List of Court Transcribers and has been very helpful now to several Caggers.

 

If Fred can afford it, I would also recommend that he has the Full Hearing Transcribed in addition to the Judgment.

 

To clarify, the Hearing is always divided into two key areas when it comes to Transcribing the Tape(s):

 

  • The Main Hearing (less the Judgment).

 

  • The Judgment.

There can only ever be one Judgment Transcription, because the Judge has the right to check and adjust that, before allowing it to be released. In my experience, be prepared for some changes there to soften how things were actually said in Court! But there's nothing you can do, just get a copy of the Judgment, and allow time to organise that and be prepared that the Judge will want to see it to approve it, before Fred sees it. Best therefore to crack on with that ASAP.

 

I would advise trying to get the Main Hearing as well, although that will cost a lot more, depending on the number of spoken words and the time the Hearing took. But this can prove invaluable. Fred needs this if he can afford it.

 

Transcriptions can be paid for by the Court, if Fred is on a very low income etc, but he has to pay for them first before he can re-claim the costs. It also takes a long time to get any money back from the Courts.

 

On this subject, see CPR Part 52, 5.17 and 5.18 (that's all in the 2nd link above).

 

N460

 

This is a Form the Judge has to complete if an Appeal was requested and refused on the day. In that case, the Judge is supposed to complete an N460 straight away, rather than being asked.

 

So, if needed, get the Court to chase up the Judge to complete Form N460. That Form is very simple, and just sets out the reasons for refusing the Appeal. Those reasons may also be mentioned in the Judgment as well.

 

There will be an N24 Order that will appear soon too, that's a bit like a précis of the Judgment but should not be confused with the Judgment Transcription which will be much longer than what you see on the N24 Order. Fred will also need that N24 Order for his Appeal Application. That should arrive in the next few days anyway.

 

Fred should be able to get that lot underway in maybe a day or two at most, then you can work on getting his N161 Appellant's Notice ready.

 

The N161 Appellant's Notice is just another Form, many on CAG will help you with that, so don't worry. Here's the link:

 

N161 Appellant's Notice

 

That just leaves the key issues of:

 

(1) Grounds for Appeal:

 

This is the main bit that you need to get sorted within the 21 days, and have it ready to go along with the Appeal Bundle.

 

The main initial documents, provided you get them on time, will comprise the following bits:

 

N161 Appellant's Notice (including Grounds for Appeal)

N24 Order

N460 Reasons for Appeal Refusal (if needed)

Transcript of Judgment

 

It is VIP that you get that lot in within 21 days. Otherwise you risk having to make an Appeal Out of Time, which is a PITA. Get it in on time, and you then you have a further 14 days to follow on with the full Appeal Bundle.

 

That Bundle will include a Skeleton Argument and a routine pile of bumf that relates to the Judgment being Appealed. Most of the docs Fred will have had from the first time around, so the Appeal can be considered for permission to Appeal if that is also needed (i.e. if permission was refused at the Hearing).

 

(2) Route for Appeal:

 

This is just technical and will depend on what Judge you had, and the class of the Judgment the Judge made. It is all listed in the 2nd link above, or just click here:

 

PRACTICE DIRECTION 52 – APPEALS - Ministry of Justice

 

This is Fred's chance to put right what the buggers did wrong the first time out.

 

Get this right, and the opposition will be more worried than you are right now once they know you are Appealing.

 

The most this will cost Fred right now is the Judgment Transcription. He can always back out before the 21 day deadline and just accept the original Judgment, so do keep going and use the time to decide before the 21 days are up.

 

However, don't waste any time getting going, as 21 days is not long and you cannot afford to waste any of it.

 

Once the Appeal has been lodged, then you have 14 days to get the Skeleton Argument done, which is also key, but 2 weeks is a long time.

 

After that, it could take weeks/months to get to Appeal, and in that time you and Fred may be able to find the money for a Barrister who will take it over and take the battle back to them. If you win, you will get the original Judgment overturned, and you should get back all of the Costs, both for the Appeal, and also for the original Hearing.

 

A Barrister can later tweak your Appellant's Notice and your Skeleton, so your main aim is to get them in and good enough to get permission to Appeal (assuming you need permission, if the Appeal was not refused at the Hearing, then you may not need to ask for permission to Appeal and can just go ahead and submit the Appeal)...the Barrister can make the paperwork better later if you end up being able to afford a Barrister down the line.

 

Best of luck with this.

 

Cheers,

BRW

Edited by banker_rhymes_with
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:confused: I've only just been able to check in and I have to say my flabber has never been so gasted. I wish I had the knowledge to offer constructive advice, I can only offer my best wishes for the forthcoming appeal.
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Hello Patma!

 

Obviously, this has to be Appealed. I think we have all detected that a stitch up was highly likely, and our suspicions were confirmed by this.

 

OK, the Appeal is pay-back time, and this has the potential to put everything right.

 

I suspect the Appeal will be comparatively easy given the work that has already gone into the case, so far.

 

It's now time to duck under the Radar, and keep the next moves in camera.

 

Cheers,

BRW

 

Quite & perhaps as they live very near to you if you could find the time to explain, off thread, how you have gone about it will no doubt be an added comfort to them

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Hello Patma!

 

 

OK, the Appeal is pay-back time, and this has the potential to put everything right.

 

I suspect the Appeal will be comparatively easy given the work that has already gone into the case, so far.

 

It's now time to duck under the Radar, and keep the next moves in camera.

 

Cheers,

BRW

 

Thanks for the wise advice BRW and for all the info about appeals. We will be on the case rest assured.

I hope everyone will understand if I can't give too much info for now, but will as soon as it's safe to do so.

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It is difficult to understand how the judge could possibly reach such a decision.

 

Was it before the same judge as before?

 

I agree and no it was one we hadn't seen before.

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  • 2 weeks later...

Logged on for the first time in a few weeks and I'm gobsmacked. There is plenty I want to say but now is not the time.

 

Glad to hear there will be an appeal. Best wishes Patma to you and Fred.

 

BSC

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