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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.
      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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Bryan Carter CCJ can anyone help??


vikki75
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Well today is the day that BC's 7 days are up and I've had nothing from him in reply to the 3 letters I sent him.

Can someone give me some advice on what to do now? Is there another letter I nedd to send?

 

Kind regards

Vikki

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It is not really necessary to send another letter, as Carter's failure to comply with the CPR can be dealt with at the Allocation Questionnaire stage. Have a read of this -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

You could, if you wanted to, write to Carter pointing out CPR 31.15 -

 

Inspection and copying of documents

31.15

 

Where a party has a right to inspect a document –

 

(a) that party must give the party who disclosed the document written notice of his wish to inspect it;

 

(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and

 

© that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

 

(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

 

and then demanding AGAIN that he complies with your lawful request. If you do this, make sure that you check when the original letter was received, as it is vital that you do give Carter the necessary 7 days.

 

You must play this totally by the book, as it will make you look far better in court than a certain Mr. Carter, who probably can't even spell "book", never mind play by it.

 

SH

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Thank you SH is it 7 working days or just 7 days that he gets? The letter was signed for on the 2nd dec so his 7 days are up today. If not then it will be the 11th dec.

I really hope that it doesnt go to court though, wouldnt know what to do :(

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The CPR just says 7 days, not working days, but there is no harm in being generous and giving him another two days just to make sure.

 

The other thing a reminder may just do is make it clear to Carter that you know your rights and will not be bullied. Carter is known for discontinuing claims when someone stands up to him, so there is no harm in giving him a reminder. It may just save you the bother of having to appear in court.

 

If it does get to the stage where you need to appear in court, we will make sure that you do know exactly what to do. It will be allocated to the small claims track so the hearing will be relatively informal. It is even possible that someone more experienced could attend with you - it has happened before.

 

SH

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Fantastic thank you. I will give him until friday then send that letter. I take it thats my side doen and i just wait for anything to come from the courts?. Sorry for all the questions its just the first time I've had this so am really worried about it all

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You have made a threat in your CPR request that you will issue a "Application Notice" if he does not comply.

 

You don't have to do this (it will cost you £45 if you do), but he now knows you know what you're talking about, so you have achieved that much.

 

I wouldn't write further to carters now, unless the court orders it (unlikely)

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi Vikki75, just to let you know I had EXACTLY the same thing happen from BC myself earlier this year. I was going out my head with the worry of waiting to see what would happen once I filed the papers. Then one day I came home from work and there was a Notice of Discontinuance on the doormat - postive thinking, keep your chin up! x x x

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  • 2 weeks later...

Reading through this thread again I see that you have already submitted a defence on November 28th. That means Carter is still within the time limit to decide whether to carry on or bottle out. Carrying on will involve him, but not you, in further expense.

 

There was never any expectation that Carter would comply with your CPR requests - I have yet to see him ever do so. You now have basically two choices. You can either spend £75 to go on the attack now -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their-3.html#post1771008

 

or you can challenge Carter again at the Allocation Questionnaire stage, which is free -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

I would leave it to the AQ stage, but it is up to you.

 

SH

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  • 2 weeks later...

Hi.

 

Today we recieved the allocation questionnaire as BC has filed a defence :(. I really hoped that it wouldn't get this far but he isnt backing down. I havent recieved anything off BC so really not sure what to do.

Please can some one help me with this as I'm really worried about it and haven't got a clue of how to fill it in. I have until the 16th Jan to respond.

 

Kindest reagrds

Vikki

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Hi Vikki

 

There is a guide here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Don't worry, it is quite straight forward, and you will have plenty of help here.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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To be honest, that guide isn't a great help as it relates to a totally different type of case. It is far more important to read this -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131499-directions-n150-n149-allocation.html

 

because it covers exactly what we need to do here, in attacking Carter's non-compliance with the CPR.

 

The other thread could even end up frightening people unnecessarily, as it mentions having to pay a fee to file the AQ. That is true in the case of claimants in bank charges cases, but will not be true here. There is no fee to pay as a defendant in a case such as this.

 

Have a look at my post on the 1littleduck thread -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/161804-nationwide-taking-court-action-4.html#post1838462

 

and also the post by creditcardmug below it. From these you will get an idea of the answers you will need to fill in on the form itself.

 

The part which needs thought and consideration is the draft order for directions. This is where you can challenge Carter's non-compliance with the CPR without having to pay further money to do so.

 

SH

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Hi SH. Thank you. Would you be willing to hekp me fill it in as i really havent got a clue where to start and dont want to get it wrong, I've never had to go to court before and i'm panicking like mad :(

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Hi SH. Thank you. Would you be willing to hekp me fill it in as i really havent got a clue where to start and dont want to get it wrong, I've never had to go to court before and i'm panicking like mad :(

 

Don't panic. We will make sure the AQ is filled in properly and sent off in good time.

 

As we are not under intense time pressure here, we also need to be giving thought to the amended defence we will need to submit. Overdrafts are always more difficult, and this is not the standard case where we can just use templated defences anyway.

 

I must admit I cannot see why the claimants are pursuing this. Given your financial situation (which I have gleaned from posts in other sections of the forum), they are not going to be awarded any more than £1 a month even if they do get judgment, and they stand to lose a lot more than this if the case goes against them.

 

Just remember, though, in the jadzia.dax1 case, Carter bottled out after the defendant had already submitted the AQ, so there is still no guarantee that this will end up in court.

 

Perhaps Bottling Bryan is just waiting to get his fee from the claimant before he stitches them up instead of you. Who knows?

 

SH

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Fingers crossed. The debt was from charges that were taken out of benefits and there was no overdraft on the account as its only a basic account. I'm hoping that he will bottle out as I really worry about going to court. I have 4 young children and this has been a neverending battle with the nationwide. The charges they have taken out over the time that we were with them caused us to loose our house,car,phone and have times were we had no money to buy food.

Having read the other threads on this forum it does make me feel a bit better, saying that I'm still dreading it going to court :(

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I have been spending a bit of time this weekend thinking about this case, and the best way to handle it. I would probably have posted before if it wasn't for this chronic influenza I've still got.

 

This is clearly not the usual case where an unenforceable application form and a templated defence can be relied upon. One thing I would definitely do if I was you is PM havinastella, who earler on in the thread mentioned an offset defence that could be used, as the alleged debt appears to be made up entirely of unlawful charges.

 

I think the defence was filed prematurely in this case. We did not wait for Carter's inevitable non-compliance with the CPR requests, which could have been included as part of the holding defence.

 

The final defence for this case will need to be prepared by a specialist. This is not a case of unenforceable agreements or invalid default notices. It is not even a standard case of an overdraft. Here, we have an account which did NOT have an overdraft facility, being effectively given one due to unlawful charges, and this "facility" being used to run up a false debt from which the original poster derived no benefit. Does anyone have any experience of a similar case?

 

Even the Allocation Questionnaire will need careful thought. The Draft Order for Directions is another chance to challenge Carter's non-compliance with the CPR, but the templates on pt2537's thread won't be appropriate here. Statement information appears to be crucial here, so we can prove that the alleged debt is made up of unlawful charges, and even those unlawful charges were caused by money being taken from the account before it should have been.

 

Just out of interest, has this matter ever gone through the internal complaints procedure and then on to the Financial Ombudsman Service? Because it certainly should have done.

 

SH

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Basically to cut a long story short we have taken nationwide to court once over charges taken out of benefits and we won. When they started doing it again we had sent them all of the letters and had the court papers in hand but due to me having a very difficult bith with my son and coming out of hospital to find an eviction notice it got pushed to one side and nothing more was done.

 

I really havent got a clue about what to write so i'm really hoping that you guys will be able to help me out. I ahve given you all the information I can think of about the account but if you need anymore let me know. I have tried to pm havinastell but it bounced :???:

 

Vikki

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Hi Vicky,

 

I have also reread the whole thread and agree with scab.

 

I doubt my defense will help too much but will link it for you to have a look at...........

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/143436-havinastella-blackhorse-3.html?highlight=havinastella+black#post1561682

 

NOW, am I right in thinking that the Banks were not allowed to instigate Court proceedings under the stay (I'm sure I read that somewhere) May be best to check with PT or X20. If they are allowed to Issue proceedings then the defense must be that they are unfair charges and therefore the Banks must surely play to the same rules.

 

JOgs

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