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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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Advice please with solicitor's letter received re unknown Halifax debt


JD2009
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My daughter has recently received a letter from HL Legal Solicitors acting on behalf of CapQuest Debt Recovery Ltd, relating to a debt CapQuest allegedly purchased from Halifax PLC for almost £3000, which she has no knowledge of. The letter goes on to say that in April 2008 a Statutory Demand for bankruptcy was sent to her and that no response was ever received. (She has no knowledge of this either). Further, it goes on to say that in July 2007 she agreed to repay the debt at £45 per month and that payments were not maintained. (Again, this cannot be the case as this is the first correspondence she has seen with regard to the alleged debt). They continue by saying that if she fails to contact them a Bankruptcy Petition will be issued.

 

My daughter has no knowledge of this debt, although she did have an account and Credit Card previously with Halifax. Following an acrimonious split from her partner early this year, Halifax wrote to her regarding an outstanding £1,100 balance on her credit card that her ex-partner had run up as an authorised user. (He had suppressed all correspondence and she was naively unaware of this debt also). A full and final settlement at approximately £800 was agreed and paid in respect of the credit card debt. (At the time, she had enough to cope with and I had not discovered CAG, so "helped her out" of what we thought was an isolated problem). Also at that time Halifax were asked whether there were any other amounts outstanding and she was told no.

 

To further complicate matters: Following the split with her partner, the house they privately rented was lost and she and her four year old daughter are presently residing temporarily at our house. The letter she received was redirected by the Royal Mail.

 

My initial thoughts were to write to the solicitors denying any knowledge of the debt or their allegations of earlier correspondence and/or agreements to pay and demand that they return to CapQuest /Halifax to provide legal proof of the debt. However, as I have said above, neither CapQuest nor the solicitors are aware that my daughter is currectly living at our address and I am wary that adverse information could be registered against our address.

 

Any help and guidance would be very much appreciated.

 

Thanks in advance (and apologies for the length of post explaining the background).

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Hi,

It can be a bit quiet on here at the weekends so don't worry if you don't get an immediate reply. If you need more help than I'm giving, just "bump" your posts.

 

For now, have a look here

 

The Consumer Forums - Debt collectors

 

Letter 18 is the one.

 

DO NOT sign it. only print your name

send by recorded delivery to HL (this is important) Do a track and trace via the royal mail website to confirm it has been delivered and print off the proof of delivery. Keep the post office receipt too.

 

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

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Do you challenge and in doing so divulge that your daughter is residing at your address?? Has to be your decision. However, as her parents, your daughter will not be too difficult to find using tracing agents and Halifax are reknowned for using Power2Contact.

 

It sounds as if the ex has been having some fun and games with this one. Was the card cancelled?? Are you sure that it was a full and final settlement and not partial?? (Sorry, hope this isn't insulting!!)

 

In terms of the statutory demand, do you know if the bankruptcy petition went ahead?? Companies shouldn't be making idle threats that they have no intention of carrying out.

 

It all seems rather peculiar and, personally, I would be inclined to send the "prove it" letter. Don't disclose what you have but dig out all correspondence relating to the full and final settlement so that you have it to hand.

 

There isn't much else you can do until you receive a reply and hopefully this all begins to unravel.

 

Whatever happens, there are plenty of experienced and qualified people on this site who will be able to guide you as and when the time arises.

 

Best of luck!!:D

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

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Many thanks for the quick response silverfox1961.:) Your thoughts are along the same lines as mine, which is very reassuring.

 

I have read the letter template you are suggesting and think it is more than appropriate. My only concern is that any letter would, by necessity, need to give mine and my wife's address as being my daughter's temporary address and I am aware that DCA's etc. are not averse to ignoring what they can and cannot legally register with CRAs. Do you or anyone else have any thoughts on this point? I really cannot see any way around the address issue and do not feel that ignoring the letter entirely is a good idea.

 

Thanks again.

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An address is not blackmarked only the person & unless you have some financial association with your daughter, such as a joint bank a/c, you will not be linked to her.

 

Although once they do have an address for her there's no telling what other skeletons will start falling out of the cupboard. It may be wise if she checked her credit file too just to see what might be lurking around the corner.

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Do you challenge and in doing so divulge that your daughter is residing at your address?? Has to be your decision. However, as her parents, your daughter will not be too difficult to find using tracing agents and Halifax are reknowned for using Power2Contact.

 

It sounds as if the ex has been having some fun and games with this one. Was the card cancelled?? Are you sure that it was a full and final settlement and not partial?? (Sorry, hope this isn't insulting!!)

 

In terms of the statutory demand, do you know if the bankruptcy petition went ahead?? Companies shouldn't be making idle threats that they have no intention of carrying out.

 

It all seems rather peculiar and, personally, I would be inclined to send the "prove it" letter. Don't disclose what you have but dig out all correspondence relating to the full and final settlement so that you have it to hand.

 

There isn't much else you can do until you receive a reply and hopefully this all begins to unravel.

 

Whatever happens, there are plenty of experienced and qualified people on this site who will be able to guide you as and when the time arises.

 

Best of luck!!:D

 

Thanks WelshMam2009.:)

 

Yes, my daughter's ex certainly was and still is having "fun and games" in making matters far more difficult than they should be! So much so that if I posted regarding other issues, it would read like War and Peace! It wasn't until he left my daughter and Granddaughter that we discovered various worrying correspondence that he had obviously hidden so well even he had forgotten about it. The problem is trying to piece together the bits and pieces and that, to date, we have not found any other correspondence in regard to this specific issue. All added to his being very difficult and verbally threatening with regard to seeing their daughter! An absolute nightmare! (My daughter has recently sought the services of a solicitor with regard to the non-financial issues, but at this stage the restrictions of legal aid entitlement mean that dealing with the financial matters cannot be taken on by the solicitor, although the solicitor is aware of what looks like a fraud situation).

 

To answer your question regarding whether bankruptcy proceeding were ever issued, we are presuming not as the letter refers to my daughter having this "one last chance" to prevent that happening by contacting them.

 

The correspondence with Halifax regarding previous settlement of her credit card balance is presently being stored by a very good friend along with many of her possessions and we will ask him to dig out the letter, which we are certain did refer to "full and final settlement", however, our worry is that this latest issue may relate to another unknown debt previously sold by Halifax that has been incurred by her ex in her name.

 

 

P.S. Thanks also to cerberusalert for your response. I agree that it would be wise to obtain a credit report for my daughter. Just so much to deal with at present that it's all quite overwhelming for her. Thanks for the advice.

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