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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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    • We have finally managed to obtain the transcript of this case.

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

      Frankly I don't think that is any accident.

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

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CCA dilemna....


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I have a few credit cards and have decided to bite the bullet and find out if they are unenforceable etc.

 

Problem is that I probably dont have the time to do it all myself, had anyone any tips for selecting the corrct company to deal with it for me?

 

Many Thanks in advance. :)

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It doesnt take much time.......A few letters and you can decide for yourself

 

Otherwise from the adverts Ive seen...its between £300 -£500 upfront then a percentage usually 20-30% of what you "win".........???

 

if you get the debt wrote off for example £5000...it'll cost you about £1500

 

So you will end up paying out £1500 (ish)

 

you can do this yourself, unless you cant be bothered ???

 

your choice

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi Dave,

 

Thanks for the reply....it just seems really daunting to undertake but i take your point on the money that would be wasted.

 

The knoweldge on exactly which points an agreement would not be enforceable would have to be spot on I suppose and I dont feel I have that!

 

I duppose that is where this site would help?:)

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Hi Tradey,

DIY is the best way to go. All it would cost you is £2.58 for the postal order and recorded delivery. It doesn't take long to draft a CCA letter (there are template letters here)

When you decide which way to go, you will get help with every step of the way. I've been helped no end on here and I've had one debt collector stop chasing me and another sitting quietly in the background as they haven't complied with my request.

Your choice but I know which way I'd go. :)

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi there, I felt like this when I first found cag, I have more than 10 creditors that I am dealing with and I just found it all to much.

 

However what I did was to just deal with one creditor per day, for example even if I got 5 replys through the post I would only deal with one each day. I find it much easier to get my head round things this way.

 

If you feel you can try and deal with it all yourself, if you go through a third party you will just get frustrated when nothing happens. I find it much easier to have total control.

 

Good luck !

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Hi Tradey,

DIY is the best way to go. All it would cost you is £2.58 for the postal order and recorded delivery. It doesn't take long to draft a CCA letter (there are template letters here)

When you decide which way to go, you will get help with every step of the way. I've been helped no end on here and I've had one debt collector stop chasing me and another sitting quietly in the background as they haven't complied with my request.

Your choice but I know which way I'd go. :)

 

fox

 

Thanks Fox for your comments, when you mention debt collector chasing you....does that mean that when i do raise a dispute they will appoint a debt collector to me...i am paying all creditors on time etc at the moment.

 

Cheers

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Hi there, I felt like this when I first found cag, I have more than 10 creditors that I am dealing with and I just found it all to much.

 

However what I did was to just deal with one creditor per day, for example even if I got 5 replys through the post I would only deal with one each day. I find it much easier to get my head round things this way.

 

If you feel you can try and deal with it all yourself, if you go through a third party you will just get frustrated when nothing happens. I find it much easier to have total control.

 

Good luck !

 

Thanks for replying....are you having success with your creditors? I dont really read many examples of success to be honest and that is my only real concern....I starting to think I may deal with it myself!

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Thanks Fox for your comments, when you mention debt collector chasing you....does that mean that when i do raise a dispute they will appoint a debt collector to me...i am paying all creditors on time etc at the moment.

 

Cheers

 

If you CCA them and they come back with a good agreement then you carry on paying as normal however, if what they send you is a pile of poo then you can dispute the debt. The credit company cannot enforce the debt unless a valid CCA exists. They may then write it off their systems and flog it on to one of the many DCA's out there who will take a chance on whether they can get you to pay. They are not supposed to do this as no agreement = account in dispute but that, I'm afraid doesn't stop them.

If it does go to a DCA then you will be in a stronger position to tell them to P*SS OFF.

 

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi, i understand it can feel daunting. I was in the same boat the first time i tried it - so i used a company, which to be fair were great and took all the hassle out of doing it myself (and the time element, which was important to me). There was an upfront fee of £149 and a 20% 'backend' fee, but i was more than happy with that (at the time) as it was only payable on results! - which i got (£14,000 - wiped off!!). However i might look at the next ones myself (still undecided) but if you want the details of who i used you can email me ([email protected]) and i can send you the details?

 

Good luck with it either way!!!

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Thanks for replying....are you having success with your creditors? I dont really read many examples of success to be honest and that is my only real concern....I starting to think I may deal with it myself!

 

I am quite early days into my dealings but I am getting somewhere, we actually have 16 creditors, nine of them credit cards. So far:-

 

5 credit cards - unenforcable if taken to court, not paying, ignoring DCA's

1 credit card - enforcable, not paying but negotiating

3 credit cards - no response to CCA request, not paying

 

1 hp agreement - unenforcable, not paying, awaiting their response

4 hp agreements - enforcable, negotiating lower payments

1 hp agreement - awaiting CCA request

 

There are plenty of success stories on here, keep hunting !

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If you CCA them and they come back with a good agreement then you carry on paying as normal however, if what they send you is a pile of poo then you can dispute the debt. The credit company cannot enforce the debt unless a valid CCA exists. They may then write it off their systems and flog it on to one of the many DCA's out there who will take a chance on whether they can get you to pay. They are not supposed to do this as no agreement = account in dispute but that, I'm afraid doesn't stop them.

If it does go to a DCA then you will be in a stronger position to tell them to P*SS OFF.

 

 

fox

 

Thanks for taking the time to explain this to me....:)

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I am quite early days into my dealings but I am getting somewhere, we actually have 16 creditors, nine of them credit cards. So far:-

 

5 credit cards - unenforcable if taken to court, not paying, ignoring DCA's

1 credit card - enforcable, not paying but negotiating

3 credit cards - no response to CCA request, not paying

 

1 hp agreement - unenforcable, not paying, awaiting their response

4 hp agreements - enforcable, negotiating lower payments

1 hp agreement - awaiting CCA request

 

There are plenty of success stories on here, keep hunting !

 

Best of luck with your claims and thanks for the info!

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