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    • 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.
    • 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.  
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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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Hi there all......

 

Am looking for some advice.

 

we have a mortgage in hubbys sole name(in arrears by 3k)(no equity in house(present times), or if there was would only be approx 5-10k when sold.)

we have a 2nd mortgage on house in joint names (in arrears by 3k)

we have between us approx 60k in loans and credit cards

The business loan is 16k

Bills are mounting up with the business approx 3k

 

Myself and my husband started our own business early 2007. We got through the first year and were still managing to keep afloat with the bills and the mortgage payments etc.

In 2008 we decided hubby would take a full-time job alongside the business to cover our mortgage as the business wasnt able to pay us both.

Hubby brings home approx 800 a month and we are recieving working tax credit of 350 a month.

We have come to an arrangement with the mortgage provider to give us 9 months of interest only payments, and an arrangement with the 2nd mortgage provider for the same but only 4 months.

The 2nd mortgage providors filed for repo but we got it cancelled with the help of this site.

 

We are on the verge of filing for BR and have found somewhere to rent today that we can move to mid-Jan.

 

Questions........................

 

* do we file for BR together as the business is a partnership?

* do we have to pay 2 lots of fees?

* will the OR take possession of the house? Origionally we were looking at handing the keys to the mortgage provider with advice from the CAB.

* will i lose my car? Its worth about 3k but i need it to check on/visit elderly family member each week who lives 60 miles away, and hubby is in the process of changing jobs and may poss need it for work as early starts and late finishes.

 

Im really confused as we have a business as well as the house and personal debts, and cant get my head around everything:confused::confused::confused:

 

I have been reading thread after thread and all are so different.

We are going to see someone at the CAB after xmas, she helped us with the advice before when we were looking at the repo order, but until then im looking for help and advice please.

Thanks x

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You can find a lot of the answers to your questions on the insolvency website Publications and Guidance Material Issued by The Insolvency Service

 

In their guide to bankruptcy you'll also find lots of useful contact information e.g. the business debtline should be able to help you with your questions regarding your business.

 

Regarding your car you may have to sell it but only in order to obtain a cheaper car. The value of the car isn't high so the OR may allow you to keep it but only if it is essential so make sure that you stress that it is. The only possible problem I can see arising is that the car is yours and you do not need it for work.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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* do we file for BR together as the business is a partnership?

* do we have to pay 2 lots of fees?

* will the OR take possession of the house? Origionally we were looking at handing the keys to the mortgage provider with advice from the CAB.

* will i lose my car? Its worth about 3k but i need it to check on/visit elderly family member each week who lives 60 miles away, and hubby is in the process of changing jobs and may poss need it for work as early starts and late finishes.

 

 

If you petition for bankruptcy each person petitions separately. There may be circumstances where only one of you goes bankrupt.

Each person pays fees.

The OR will be looking for all your assets. This may include your home if there is any equity in it.

Your car will probably be claimed by the OR although you should be able to buy a much cheaper car with the OR taking the difference. Bear in mind that your estimate of the car's value is probably a large over-estimate. In essence a car is worth what someone will pay for it and people aren't paying much for cars these days. As a guide ask a local second-hand car dealer what they would give for it as a trade-in. And then take about 2/3 of that value.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Hi

 

We are in the same position so your not on your own, my business closed after a fall, unable to work and behind on the repayments, we have got loans secured on the house and the house price has dropped £30k in the last 12 mths, we have put a tennant into the property for 6mths and the rent covers the main loan, and the 2nd loan we pay a small amount after confirming to the lender our income, we have moved into a rented house and filing for BR in Jan 08.

 

When the house is sold their will be a shortfall on the loans but they move to unsecured and will be inc in the BR, once the BR is filed the OR will write to your lender informing them of your BR, but as long as they are getting payments from the rent they should hold the sale until the house prices increase. The OR will need confirmation from the lender once it is sold any funds are sent to the OR . Try to keep the house and hope prices increase it helps repay loans etc etc

 

cheers

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Thanks for the advice guys.

The car realistically if sold private would be worth around 4k, but i put 3k as a quick sale would be r'qd!!

 

Looking at things, and im not deciding anything until spoken to CAB, it looks as if poss only hubby needs to file for BR. The mortgage and the business loan are both in his sole name.

Yes i have debts, but im in the process of the CCA's route so this may starve my creditors, and these are un-secured.

 

The 2nd mortgage is joint, so if he files for BR does this mean they look to me to repay?

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No sell it to your brother,sister mum or dad , it then has no issue with the OR or your BR as you have access to the car but do not own it

 

Think very carefully about doing this, especially if it is your intention to sell the vehicle for less than what it is worth. This could be viewed as a Transaction at undervalue which may cause the Official Reciever to impose a Bankruptcy Restriction Undertaking.

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The 2nd mortgage is joint, so if he files for BR does this mean they look to me to repay?

 

In short yes . . . but if you are joint owners the good news is you will recieve half of the sale of the house as only your husband went bankrupt and the Official Reciever only has title on half the house.

 

In theory you will become liable for the whole of the second mortage but what you recieve from the sale of the house could possibly cover this.

 

I am 100% sure about you becoming liable for the second mortage but the rest of this post is purely a theory but it may be worth running it by CAB and im sure a CAGer will soon correct me if my theory is flawed.

 

anyway i wish you all the best and try not let this horrible situation spoil your christmas.

 

Good Luck

 

Chris

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Subscribing to your thread. Can't offer more advice than has been already given, but wishing you the best of luck on this.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Thanks for all the advice guys!

Re; the car, i was thinking of selling it privately before the BR and purchasing a cheaper one. Cash is harder to trace! and i would still have a car albeit a cheaper one.

The shortfall on the house at the present time.........

1st mortgage 92k

2nd mortgage 32k

house value........130-140k

There are 3 houses in street varied between these 2 figures, and i know ours is towards the top end of these figures.

But in these current house times, it could be a lot less.

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Also, the OR will value the house at forced sale value. On my friends' IVA paperwork they devalued it by 20%. Which would definitely put you in negative equity as far as BR is concerned.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Chris1933...... Thanks for that.

Im not the joint owner of the house though, its hubbys house and he is the only one on the 1st mortgage.

We applied for a se-cured loan on the house, and the company wanted me to sign the forms too even though we told them he was sole owner??

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Were you a couple when you bought the house? Did you put any money towards it? If so chances are that you have a right to half of it regardless of whose name the mortgage is in - under trust law.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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If it is in negative equity they might let you keep it.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I dont understand the issue with the car - is it in your name? Who piad for it? Is it on finance/loan? Apologies if I missed something.

 

Check back on the first post. The OP was asking what happens with the car in the event of bankruptcy.

Although, as you imply, it depends on who owns the car (OP?) and who is going bankrupt (OP, husband or both).

 

If it is sold at a less than realistic price then this will have to be declared to the OR.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Hi there, to get the facts right, i own the car, there is no hp or finance on it, but hubby bought it for me for xmas 2004. Does this mean technically they will look at it as his if only he goes BR?

And if i sold it before the BR will the OR trace this?

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If it's only your husband going BR then the car is completely irrelevant. You own it (presumably it's in your name - including insurance), not him.

 

As far as the OR is concerned you're just another person and there is no obligation on you to pay your husband's debts.

The OR will only ask if anything of value has been sold at a reduced price in the last year or so. Four years is well outside the timeframe.

 

OTOH, if you are going bankrupt then the OR will want to claim the car as an asset to help pay off your debts. Can't get out of this I'm afraid unless you can somehow convince the OR otherwise.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Yes i understand what you are saying, and thankyou.

 

But if i sold the car privately now, and used the cash to buy another cheaper car, would the OR be able to trace this? As i would still have a car if i got a cheaper one? (We would be using the money for the BR costs and deposit for rented house)

Basically i am asking if there would be any come back if i sold the car now and used the cash from the sale to pay for things before it is siezed???

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No, I think you should be OK. The OR bases what he/she is told on trust so if you no longer have the car and there is no finance agreement then that will be the end of it.

 

So no problem on that front IMO

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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