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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Water Leak - Claim refused.


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I live in a block of flats and the building is insurance as a block cover.

A few years ago, having moved a chest of drawers in our bedroom, I noticed that the wall and carpet was damp. I removed the carpet and allowed the area to be free of furniture. Over time I noticed that the damp was increasing. I mentioned it to our managing agent who said that damp was not covered by the insurance.

After a while the wallpaper in the bedroom, bathroom and en-suite began to peal. I then noticed that fungus was growing behind the toilet. I called a plumber who checked and said that the toilet was not leaking.

The lino in the en-suite began to discolour from the outside wall inwards and soon it was completely mottled with mould. In frustration, I lifted the lino and discovered that the damp had spread to under the wood that was encasing the pipe work and the wood was rotting. It had also reached the wooden base to the shower unit. The wooden base was now rotting and the shower base was unsafe.

At about this time, the people above were house-hunting and the property was left empty for a few weeks at a time. The dampness became worse and a neighbour noticed that an overflow was trickling. Plumbers were called and we were told that the toilet was fine and not overflowing. Still the pipe trickled and our damp problem worsened. It was apparent that when the property above was occupied the overflow just gently trickled along he pipe and then back into the wall (and into our flat). When it was unoccupied, the flow was greater but not a flood (just more noticeable).

Thankfully after a few more frustrating and damp weeks, a painter and decorator noticed that the pipe was not from the toilet, but from the central heating. A plumber was called and the fault was rectified at last.

We thought that it was all over. Not so.

We were told to get a quote to repair the damage. A company came in and a quotation was sent to the insurer. The quotation only covered the cosmetic work and was agreed immediately by the loss adjuster. We told our managing agent that further work needed to be done to repair the damage and they sent someone out. They came while I was out and my son just showed them the shower cubicle (now held up with a car jack!). Not aware of the problems leading up to the collapse of the cubicle, they said that it was wear and tear and quoted £1800. I argued the point and was told to get other plumbers in. I waited for the damp to dry out completely and obtained 2 quotes. This took a matter of months as the damage was so severe.

The quotes were sent to the insurers who have now refused the claim because they have already settled it. They say that as we did not make the repairs immediately, it has resulted in more damage which I presume they feel is down to us to cover (£3745!)

I feel sickened that we are left with a an en-suite that can't be used, a bedroom that has pealing wallpaper, mould damage and no carpet and a bathroom with pealing wallpaper, blown tiling, swollen flooring and blistering woodwork and paintwork. And all because of a leak that was not our fault!

At no time did anyone from the management company or the loss adjustors inspect the site. If they had at the time of the first submission, they would have seen that further work needed to be carried out.

I am so angry, annoyed, sad and frustrated!!!!!!!!!!! I COULD CRY (and I did this morning when their refusal letter arrived)

Can anyone help me with this please?:Cry:

:Cry:

Edited by FrustratedofDorset
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Guest Old_andrew2018

Hi

Have you sent a letter of complaint or an appeal against the decision of the insurer, if not I think you should.

My reasons for suggesting the above is firstly you might have some success with an increased offer, if not then with their final response you can escalate your complaint to the FOS.

 

Andy

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Hi

 

I have drafted a letter to the managment company but I don't know if I've worded it correctly. To be honest, that's why I've joined this forum - to get some pointers. Sadly, I have not kept records of dates - this damage occurred over a matter of years and I had no idea that it would lead to such a headache (and heartache).

 

This is my letter so far:

 

I refer to your correspondence dated 11 June 2009 regarding our insurance claim. As you are aware, the initial quotation supplied was for just for the redecoration for damaged walls and we were unable to proceed with the work because of the damp that was still in the walls.

 

When the damp had almost cleared, we were ready to proceed but were told that the underlying damage was more extensive – the blown tiling, blistering woodwork, swelling flooring etc. and that the problems that we were experiencing with our shower was because of the damage initially caused by the leak from the upstairs flat. The sum of £680 may cover the cosmetic work that is needed but it does not solve the original problem and it would never have done so.

 

I appreciate that ************** Loss Adjustors may have dealt with the problem in January 2008 but at no time did anyone from that company, or ************* Management, inspect the damage. If they had done so, they would have seen that simply ‘covering up the cracks’ would not be sufficient. The leak from upstairs was in no way our fault and yet we have been left with horrendous damage to our home. Our en-suite can no longer be used and we have ‘lost’ carpets in the hall and main bedroom. I am also fearful that the blown tiles in the bathroom are in danger of falling which would obviously be a disaster to look at, but could also be dangerous and could cause injury.

 

I would be grateful if you would pass this letter on to ********** and ask them to instruct a loss adjustor to visit our property to inspect the total damage that has been the result of the leak from flat 8.

 

We hope that you, and **********, will be able to deal with this matter further and that we will receive the appropriate compensation to enable us to re-instate our home to its previous condition. A copy of this letter will be lodged with our Solicitor, *********.

 

Do you think that I should detail the events leading up to the current day (as I have in the forum) or should I leave that until a later stage?

 

THANK YOU SO MUCH FOR YOUR HELP WITH THIS. IT IS VERY MUCH APPRECIATED.

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  • 4 weeks later...
Guest Old_andrew2018

Sorry about my late reply for some reason I missed it, have you sent the letter and what was their response.

 

Andy

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Sorry to be a kill joy but it may be that they will again reject much of your claim arguing that you failed to mitigate the loss. On the other-hand you did seek advice from the managing agents representatives & THEY mislead you into thinking it wasn't serous. My advice is demand, in writing, that they correct matters as you consider it was their employees fault that matters continued for so long & is the reason why your insurer is refusing to accept liability............. this suggestion is in addition to your application to the insurer

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