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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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Car Hire / Purchase Agreement


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Hello. I am Sam

 

I hope someone can help me with my problem with VW Finance.

 

I purchased a car last yr on hire/purchase. I part exchanged my car as deposit (£3,400.00) and am paying £155 per month.

 

Due to unforeseen circumstances I am bankrupt from Feb this yr. Last wk debt collectors turned up at my door without any warning wanting the car back on behalf of VW Finance. I refused and still have the car but cannot drive it as I have been warned that if they see it they will clamp it and take it.

 

I have not missed any monthly payments. I can easily manage these payments. Only reason they want the car back is (according to them) because I am now bankrupt. I have paid almost £4500 for this car and only had it for 9 months. I feel they are taking full advantage of my situation. Please Please Help !!!

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Hello and Welcome, samat.

 

I'll move this thread to the appropriate Forum, where hopefully you'll get some help.

 

EDIT: Thread moved.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Do they have a court order to repossess? Is your agreement a regulated agreement under the Consumer Credit Act?

 

If so you can invoke their complaints procedure and then complain to the financial ombudsman. In the meantime it may be worth giving the ombudsman a call for some advice initially.

 

I'm no debt counsellor so I'm not sure what the position is when you are bankrupt, but certainly under normal circumstances that cannot repossess your car without an order from the court and if you haven't missed any payments then they certainly have no right. Maybe speak to a debt counsellor to see if the bankruptcy is having a bearing and definitely speak to the ombudsman.

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Hi Prolix, Thanks for replying to my thread

 

1. VW Finance have no Court Order.

2. Yes, the agreement is a Hire / Purchase Agreement regulated by the Consumer Credit Act 1974

 

VW did not not provide me with any written notice of their intention to repossess my car. they instructed a debt collection agency to collect the car. I had no idea until they turned up at my door one morning. Luckily the car was in a garage.

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If you are continueing to pay I can see no reason why they want to repossess the car and I doubt they would get a court order, unlees in the agreement it states that if you are declared bankrupt they can repossess?

You can VT the car once you have paid 50% of the agreement costs which may be worth considering in your circumstances.

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Hi there Raydetinu

 

In the agreement there is a paragraph about Bankruptcy. stating that "they may terminate the agreement if bankruptcy occurs" but only after giving me a written notice. They have not put anything in writing (No written Notice) but instigated the repossession of the vehicle. I have sent them the following letter to clarify the situation.

To Whom It May Concern:

 

Reference: - Hire / Purchase Agreement Number 000000000000000

 

Note - Do not contact me by Phone or E Mail. All Communications to be made via written letter only.

 

I received the copy of the Finance Agreement on 00.00.00, which I requested on 00.00.00.

 

According to the agreement you should have given me written confirmation of your intention to terminate the agreement. You did not give me a written notice.

 

Without any written notice, prior warning or a court order you instructed ------------------ to seize and remove my vehicle. They visited my home on 00.00.00. You took action to remove the vehicle without notice.

 

I have currently paid approximately £4,500.00 for the vehicle. This amounts to over 1/3 of the purchase price. You continue to collect the monthly payments from my bank account.

 

You insist on pursuing my vehicle even though I am not in arrears and my intention is to continue with the agreement. I have been told on the phone by you that if ---------- ------------ locates the vehicle “the vehicle will be clamped and taken away”.

 

I am stating to you that I have not and will not miss any monthly payments as per agreement. Regardless of my Bankruptcy status I can easily afford the monthly payments.

 

 

1.I need you to send me a new D/D mandate in order for the monthly payments to continue as per agreement. I want to ensure the next payment due on 00.00.00 is not missed.

 

2.I also need you to put in writing what your position is and what steps you intend to take in this matter.

 

3.I need full details of payment dates and amounts paid towards this vehicle.

 

After I have received the above three Items in writing, I can respond accordingly following consultation with my solicitor.

 

It is my intention to challenge your decision to terminate this agreement. I will continue to seek legal advice from my solicitor and when necessary in the courts to decide whether this agreement is bias and also if it is enforceable.

 

If it is proved in court that you acted unlawfully then I will be seeking: -

 

·Compensation for the anguish and stress you have caused me.

 

·Financial Loss of not being able to work due to restricting me from using my vehicle.

 

Thank you

Yours Sincerely

 

Signed ……….. Samat

 

 

I feel VW are taking advantage of my situation and want to walk away with £4,500 of my money which I have paid upto now. And they will also have the car. A win win situation for them

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Hi Raydetinu

 

In your previous reply to me you sent the following advice to me

 

"If you are continueing to pay I can see no reason why they want to repossess the car and I doubt they would get a court order, unlees in the agreement it states that if you are declared bankrupt they can repossess?

You can VT the car once you have paid 50% of the agreement costs which may be worth considering in your circumstances".

 

Sorry but I forgot to ask you what you meant by the above underlined text. It may be obvious but what is VT ?

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VT is Voluntary Terminate i.e. Give the finance company formal written notice (See template letter in the link that I posted above) that you are cancelling the agreement by giving them back the car and the arrangement ceases - WITHOUT any adverse credit markers.

 

H

 

p.s. I did the same last week :)

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Hi Helford. Thanks for replying

 

My financial status is beyond any possible 'adverse credit marker' as I am bankrupt. My Bankruptcy is the 'excuse' VW are trying to take my car off me. VW wants the car back and also want to keep all the money I have already paid (£4,500). I want to continue with my contract for the whole 3 yr duration and then to make a full purchase of the car. I need to take steps to prevent them from taking it. Any ideas ?

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Hello All

 

I sent the following letter to VW Financial Services (UK) Ltd on Tuesday 5th May 09. Should I have included a paragraph informing them to provide me with the requested information within 7 or 14 days. I have not received a reply from them yet and Iv got a feeling they will not reply back and just wait for car to be seen on a public road where they will just clamp it and seize it. Advice will be very much appreciated. Thank You.

To Whom It May Concern:

 

Reference: - Hire / Purchase Agreement Number 000000000000000

 

Note - Do not contact me by Phone or E Mail. All Communications to be made via written letter only.

 

I received the copy of the Finance Agreement on 00.00.00, which I requested on 00.00.00.

 

According to the agreement you should have given me written confirmation of your intention to terminate the agreement. You did not give me a written notice.

 

Without any written notice, prior warning or a court order you instructed ------------------ to seize and remove my vehicle. They visited my home on 00.00.00. You took action to remove the vehicle without notice.

 

I have currently paid approximately £4,500.00 for the vehicle. This amounts to over 1/3 of the purchase price. You continue to collect the monthly payments from my bank account.

 

You insist on pursuing my vehicle even though I am not in arrears and my intention is to continue with the agreement. I have been told on the phone by you that if ---------- ------------ locates the vehicle “the vehicle will be clamped and taken away”.

 

I am stating to you that I have not and will not miss any monthly payments as per agreement. Regardless of my Bankruptcy status I can easily afford the monthly payments.

 

 

1.I need you to send me a new D/D mandate in order for the monthly payments to continue as per agreement. I want to ensure the next payment due on 00.00.00 is not missed.

 

2.I also need you to put in writing what your position is and what steps you intend to take in this matter.

 

3.I need full details of payment dates and amounts paid towards this vehicle.

 

After I have received the above three Items in writing, I can respond accordingly following consultation with my solicitor.

 

It is my intention to challenge your decision to terminate this agreement. I will continue to seek legal advice from my solicitor and when necessary in the courts to decide whether this agreement is bias and also if it is enforceable.

 

If it is proved in court that you acted unlawfully then I will be seeking: -

 

·Compensation for the anguish and stress you have caused me.

 

·Financial Loss of not being able to work due to restricting me from using my vehicle.

 

Thank you

Yours Sincerely

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  • 2 weeks later...

After sending the above letter and getting Trading Standards invloved,

VW Finance have now agreed to continue with the HP Credit Agreement.

Trading Standards made one call to VW, VW then agreed to "allow me to continue".

 

Advice to all readers is - Always challenge the decisions of all financial institutions. Never accept what they tell you, they never have the customer's interest in any decisions. all they want is to sieze the goods and also keep all the money you have paid.

 

Thank you to all the people who have given me advice on this site. Very much appreciated

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  • 1 month later...

VW Finance in their wisdom sent their chosen recovery company who came and clamped my car on 09.07.09 This was despite having a letter from VW finance telling me that I could continue with my agreeement. The recovery staff were very chuffed with themselves when they clamped my car as they had been trying to locate my car for over 2 months.

 

The guys got back in their truck and decided to ring VW, presuming to ask where to drop car off. This is when their little brain switched on. After the conversation they came out and unclamped my car as quickly as they had clamped it. I have to give credit to the man in charge as he was very civil and also apologised.

 

It transpired that there was a lack of comunication between VW and the recovery company. VW hadn't bothered to tell the recovery company that this case was now settled i.e. no need to chase the car.

 

I was left with a major embarassment as all this happened at school closing time and i live near one. as you can imagine there were a lot of people around watching my car being clamped and then being unclamped.

 

From this incident I have learnt that never trust any finance company even if they trade under a reputable name such as VW Finance. They say one thing and do something completely different.

 

A question to all you folks out there, do I have a case to sue VW for the inconvenience and embarrasment they have caused me ? ?

 

I doubt I will get an apology from them voluntarily

Edited by samat
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