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    • 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?      
    • 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.
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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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Ousba - Default Notice And Ccj Wrong!!!!


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Hi Post,

 

help urgently needed now, received a letter this morning from their solicitors stating that they are now looking to enforce the debt unless i ring them immediately to pay the costs!!!!!

 

I really need your expertise on this, did you manage to draft anything,

 

once again thank you, sorry for being a pain in the **** lol

 

ALSO IF ANYONE ELSE CAN ADD TO THIS PLEASE FEEL FREE, THE MORE BRAIN POWER THE BETTER.

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For the set aside the important items are

 

1. they did receive the cancellation

 

2. the agreement is unenforceable

 

3. they ignored your informing them of your change of address & did not bother to attempt to find your new address before getting the CCJ

 

For now, if they have a CCJ, you might have to start paying it. But you would need a copy of the judgement first.

 

However, I'm not sure that you should be paying their solicitor directly for their costs. That sounds like someone else is up to Brian Carters tricks

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hi postggj,

 

hope to hear from you soon, so shall i just submit this;

 

My Defence is based upon:

 

 

A) The OUSBA did receive my Cancellation form as identified through my Subject Access Request.

 

B) The change of address was acknoweldged however not actioned, this would have been defended unquestionably if notices were received to my new address

 

C) The correspondence was never receievd nor did i receive court papers in order to acknowledge and file a defence

 

D) The agreement does not conform or comply with the Consumer Credit Act 1974,84 regulations at all.

 

E) The contractual provision that permits the Claimant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

F) Accordingly I put the Claimant to strict proof that every charge and collection charge made to the account was valid and lawful as this is not evident in their Agreement as no description in their terms and conditions stipulate such charges, or physical amounts.

 

I believe that the facts stated in this section are true along with all evidence (Apendix 1, 11, 111)

 

IF YOU COULD ME YOUR VERSION THAT WOULD BE GREAT!!!

 

THANKS

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Hi guys,

 

4sbt4m.jpg

 

i have attached a link for someone to also have a look at and check to see if this agreement is unenforceable, also please read my thread to get understanding!!!!

 

so far postggj has been a great help, more advice appreciated

 

thanks

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This is a running credit agreement, not a fixed sum agreement.

 

There should be an interest rate, a credit limit (that they might be able to advise you of separately) and maybe how payments are calculated. I can see the interest rate, but the agreement is a bit difficult to read to see if the rest are there

 

Did you cancel the course as well?

If you did then you might have been entitled to a full or partial refund that should have found its way on to your account.

 

Alternatively did you fund the course in a different way? Again, the OU should not have taken the money from this account.

 

You would have them by the ***s if you had have already paid the OU, as you had cancelled the agreement, already paid, then got charged by credit & had all this happen

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Hi Grumpy,

 

Thanks for your input, I actually cancelled the course within their specified days however they denied this and continued to pursue me. I changed address to which i did notify them however they did not update and sent everything to my old address????

 

The agreement is complete nonsense i believe, i dont actually know what i'm paying for nor is there any credit amount stated???

 

I must disagree that it is a running agreement, because this would have been used to pay a lump sum of the course and then pay back by monthly installments???? however i dont know what i'am paying for as there is nothing describing any amounts or what the characteristics of agreement is for???

 

more advice needed

 

thanks

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It looks like a running credit agreement because it says that the OU will charge the course value to the account. The agreement might have been valid for several years. To me it looks like it would operate in the same way as a credit card would do.

 

There would be a lump sum to pay back each year, but as a credit agreement it looks like a running credit agreement to me.

 

As far as cancellation is concerned, there are two things here that we shouldn't get confused.

1. the credit agreement

2. the course

they would be handled by separate organisations

 

I think that you are saying that you cancelled both, but you need to check that. Can you confirm which you cancelled?

 

If you only cancelled the credit then the OU itself should be after you (but I think they shouldn't have let you finally register without payment in place)

If you only cancelled the course and you were due a full refund then the OU shouldn't have charged your account.

 

Either way, OUSBA shouldn't be chasing you!

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hi,

 

the course was cancelled with the ousba, i only had 5 days to cancel this, anyhow nowhere on the cancellation form did it state that i needed to cancel the course with the OU.

 

The course if i remember was only £640 i think and payable by 8 monthly installments, i cant see how it could be a running agreement as it was only applied for this term, it was not a 3 year course or anything, just a course to top up my degree.

 

anyhow i think (please correct me if i'm wrong)

 

1. I cancelled the course end of

2. The agreement is unenforceable because it does not state what the agreement is trying to enforce???

3. They did not change my address as they dont verbally record calls so i cant physically prove otherwise, my word against theirs.

 

please help!!!!,

postggj you there mate??

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It does state there is no credit limit.

 

The OUSBA accounts (I used to have one) were set up so you would charge your course fees to it, and it would tell you what you were agreeing to, and over how many payments etc. By applying for a course and charging it to OUSBA, you agreed on the payments! This is all detailed in Part A above. I am guessing that they have your completed course form and this is what they will rely on.

 

OUSBA would usually send you a statement telling you what had been charged and how the payments would be calculated.

 

If you cancelled before the course had started you would owe nothing. After that, refunds were based on either before 1/3rd into the course and before 2/3rds into the course.

 

OUSBA don't operate agreements like this any more. For each course you take, you now have to apply for an OUSBA account for each.

 

 

 

Can you confirm that you cancelled the course BEFORE the start date?

I think trying to rely on "doesn't state what I am paying for" is a bit of a false start - as they will most likely have the course documentation you agreed to which will back Section A in your OUSBA agreement up.

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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its pure bovine excrament

 

 

I wouldn't be too sure. It all refers to the signing up of courses.

 

You set up the agreement, and then you can charge OU courses to it.

Of course, when you set up the agreement, you have no idea what courses you will charge to it!

 

I charged, and cancelled, many to mine!

 

When you agree to a course, it quite clearly tells you what you are agreeing to and the OUSBA agreement supplements that.

 

If it were me, I'd be asking for the proof I signed up to the course as well, as one will tandem with the other.

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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PS, that agreement also says "terms overleaf" ... have you got the terms overleaf? We are missing those!

 

 

(I do agree though that if they sent all the stuff to the wrong address you should get a set aside based on that if nothing else!)

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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It does say in there "application" but I think that applications can be agreements if all of the requisite terms are there.

 

It says that payments will be calculated to spread the cost over the duration of the course(s)

 

But if the credit & course were both cancelled (both at the same time , but you would expect OUSBA to talk to the OU, they are hardly far apart) then there's nothing to pay

 

The SAR shows the cancellation.

 

So OUSBA have got a CCJ on a credit agreement that had been cancelled

The change of address is irrelevant now

They have also registered a default on your credit report. That is libelous.

 

Oh dear

 

Get the CCJ set aside on the basis that the credit was cancelled

 

That sets it back to the beginning to fight against

 

Defend on the basis of credit cancelled

 

Sue for the libel

 

Contact the CRAs now, inform them that the credit was cancelled within the 5 days allowed and that the default plus CCJ should be removed immediately while you are going for a set-aside. They probably won't, but then you can go for the CRAs too maybe!

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hi ker & grumpy,

 

thanks guys for your replies,

 

However, this agreement by no means necessary is still regulated under the consumer credit act 1974. The agreement must met all the prescribed terms and be cautioned upon the distance marketing regulations 2004!!! for example by giving the customer 14 days notice to cancel not 5 days etc. giving me pre-contractual info first to allow me time to consider under the OFT guidelines.

 

The agreement does not state anywhere which course i'm paying for and for how much, they could have tried to have enforced for example £10,000 or my argument is that i only owe them £1. They cannot enforce something that is not signified under the 'four corners' of the agreement, cannot be on seperate forms.

 

The agreement you saw first in my opinion was an application, which was signed by me on the 26/05/07, i then received in the post on the 3rd of june 2007 another agreement with my details on it plus my right to cancel. So i signed the form sent it back to cancel and not resign the new agreement. The course was not starting until Nov07, and nowhere in the cancellation form did it mention i had to cancel with the OU, i would have expected them to have cancelled the course as i was cancelling the funds.

 

Surely it cannot be a running credit agreement as it does not offer a credit limit????

 

anyhow please see the second agreement below, now i dont know if this is right to as they signed the first agreement on the 04/06/07, and on the secong agreement another signature stating the 03/06/07, this did not allow me the required time to cancel the course and they just signed it anyway???????

 

Please i need more help with this, and surely postggj cant be wrong???

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