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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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      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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    • 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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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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DLC are informing Social Workers-please help


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I'm in my mid-20's and when I was growing up my parents struggled with Debts and we didn't have much money and we didn't always have the nicest or newest things.... but I can tell you something for nothing; I was far far far happier than many of my school pals, many of which were bought anything they wanted... but the one thing they were not given was the love and attention of their parents; something that I had in abundance!!

 

I grew up in a family that had very little, but that was irrelevant because i was surrounded by so much love etc...that i consider myself very lucky in terms of what sort of childhood i had.

You read some stories about kids who have terrible childhoods, full of hatred & abuse etc....

Money is irrelevant - i would choose a loving childhood anyday :)

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I cant stop crying with all the kind replies Im getting x

 

I started crying on the phone and dont remember getting a name of anyone. I am so stupid. I just panicked.

 

Vicky

xxxx

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This is quite disgraceful. In my view, this is a breach of CPUTR, OFT Guidance and I think it also amounts to harassment, because it is behaviour clearly designed to create an intimidating atmosphere.

 

Honeypot - you must report this appalling behaviour, and you must do it at once.

 

I would be very happy to draft some letters to the appropriate people. Please let me know if you would like help with this.

 

In the meantime, do not, in any circumstances, speak to DLC on the phone.

 

Before you forget, write down as much detail of the call as you can - the time, if the caller gave a name, exactly what was said.

 

Totally agree SP!

 

This is a blantant breach of the CPUTR's; an utter disgrace.

 

Definately REPORT THEM;

Do it ASAP

 

AC

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Hi AC

 

I am in shock too. I have the SAR in my handbag to post as you recommended yesterday.

 

Is there anypoint now that they ahve told me that they are taking me to court. Its all happened so quick.

 

Vicky

xxxx

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I cant stop crying with all the kind replies Im getting x

 

I started crying on the phone and dont remember getting a name of anyone. I am so stupid. I just panicked.

 

Vicky

xxxx

 

If you feel brave enough (and although we would normally advise not to), i would ring back & demand to speak to a manager about your treatment.

If you did, you would have to stand your ground with them though as they will try any trick in the book to just get you to just pay there & then & may even say worse things?

If you can easily rise above that...then go for it & be persistant until you get the apology you deserve :mad:

Just a suggestion hun..you dont have to if you dont wish to.......

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I cant stop crying with all the kind replies Im getting x

 

I started crying on the phone and dont remember getting a name of anyone. I am so stupid. I just panicked.

 

Vicky

xxxx

 

You're not stupid at all, Vicky!! These cretinous thugs are highly skilled in the art of scaring, threatening, harrassing, intimidating and upsetting people!!

 

Trust me, given a few weeks here at the CAG and you will be fighting fit and ready and willing to bat back their feeble pathetic threats and tell them exactly what is what!!

 

You will be suprised how strong you really are and even more suprised when you actually start getting a naughty thrill out of annoying these horrible DCA's!! ;)

 

Chin up, you are without doubt in the right place here at the CAG amoungst friends and equals!! :)

 

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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Hi AC

 

I am in shock too. I have the SAR in my handbag to post as you recommended yesterday.

 

Is there anypoint now that they ahve told me that they are taking me to court. Its all happened so quick.

 

Vicky

xxxx

 

Having seen of DLC many many times in the past I would say these threats are almost certainly bullplop!! So you go get that SAR off asap and then come back and see Mr.Ton for complaints help etc :)

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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I grew up in a family that had very little, but that was irrelevant because i was surrounded by so much love etc...that i consider myself very lucky in terms of what sort of childhood i had.

You read some stories about kids who have terrible childhoods, full of hatred & abuse etc....

Money is irrelevant - i would choose a loving childhood anyday :)

 

 

Spot on Mr T!! I couldn't agree with you more!! This is why I love this place so much, we can all sing from the same sheet without judgement!!

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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I started crying on the phone and dont remember getting a name of anyone. I am so stupid. I just panicked.

 

The threat monkey you spoke to proberbly got a buzz out of hearing you cry & said to their collegues "hey come and listen to this".

They are sadistic & are the type that took pleasure out of pulling the legs off insects when they were young :mad:

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The support on here is awe inspiring xxxx

I am going to complain. Is there any templates for this complaint?

 

JonChris-when you next speak to your friend who is a solicitor please can you ask if it is law that social services cant take my kids because of my debt

 

Bless you all

 

Vicky

xxxx

 

xxxx

 

Are you feeding them

Are you clothing them as best you can

Do they attend school

I assume you love them & are not beating them

 

If so there is absolutely no reason for SS to become involved & even then it would probably be to help you

 

I have spoken about this thread to the female solicitor in question so you may find a guest visiting here cos I know she's spitting teeth

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I am absolutely furious, and I mean FURIOUS about this ..... !!!!!

 

My MIL was a senior social worker, and I can assure you, a child is only removed from their home and parents/guardian as a last resort .. and is quantified to the child protection courts by this ...

 

THAT TO LEAVE THE CHILD IN THEIR PRESENT ENVIROMENT THEY WOULD BE AT DANGER, EITHER PHYSICALLY (which can include well being through neglect), MENTALLY OR BOTH .....

 

Now ok you're in debt, like millions of others, but unless you aren't feeding, clothing, washing or generally caring for your babes then where is the neglect or mis-treatment evidenced from purely being in debt - this isn't mis-treatment I assure you. And a threat of reporting you to social services because you can't repay a DCA or lender, what they want you to, on an unsecured debt is just ludicrious .... and I am sure SS would take action against them for wasting precious resources such as theirs when there of 1000s of children ARE in danger .......

 

I am so angry I could scream, and my MIL has assured me that their threats are both ridiculious and more so totally disgusting .... I don't know what else to say to try and reassure you ... but I would suggest contacting your MP - go to their weekly surgery and tell them exactly what has happened. (if you go on to your local council website, there is a list of MPs, you'll be able to find your own, and it should give you the office address, and where and when they hold their weekly surgery.

 

Please, please, take the advice of the great and good on here who have already posted for you, and DO NOT SPEAK TO THEM EVER AGAIN. IF YOU DO ANSWER TO THEM, SIMPLY SAY " I AM NOT PREPARED TO CONFIRM SECURITY, PLEASE CONTACT ME IN WRITING, GOODBYE". AND REPEAT, AND REPEAT EVERY TIME THEY CATCH YOU.

 

I have my phone on silent ring, and just listen to any msgs left on 1471, log them and delete them - they've now stopped. My loved ones call me on my mobile, so thats how I screen my calls.

 

Oooooh .... I'm going to have to cut (hack!) my hedge now to get rid of some of my anger caused by this **** ...

 

Abs :mad::mad::mad:xxx

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As stated beforehand in this post, try not to worry too much, DCAs will normally say anything to extract money out of people regardless of whether they are breaking the law and regulations.

 

The DCA industry really needs much stronger regulation, the fact that breach of law and regulations is common place shows that this area of business out of control. But then again look at what happened with the banks, not enough regulations and we have a recession.

 

Its very unlikely anything will happen, they normally threaten court action again as an intimidation tactic to get money out of people. And in the extremely unlikely case that something was to happen you have lots of people here to help you, a judge would likely take your circumstances into account and lower your payments to next to nothing if it went to court - which would not be in the interest of the original creditor or DCA.

 

I would be tempted to make a complaint to the police regarding this, and get a reference number so you can refer back to it in the meantime.

 

Also don't speak to them on the phone, refuse to answer their data protection act questions and say you'll only deal with this matter in writing as you have no interest in communicating with them over the phone.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thank you

 

They are healthy and happy!

 

My 11 year old has just got all top grades in her SAT exams at school and my 5 year old, well all she talks about is growing up and becoming the Queen !!!

 

 

Vicky

xxxx

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Hi Honeypot, I'm sure you don't need any more support as some good people are already helping you out, but I will just add that about 101% of things a DCA says on the phone will be a lie.

 

As someone mentioned above, you'll be laughing at them in a couple of weeks. Keep you chin up :D

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hi AC

 

I am in shock too. I have the SAR in my handbag to post as you recommended yesterday.

 

Is there anypoint now that they ahve told me that they are taking me to court. Its all happened so quick.

 

Vicky

xxxx

 

Right, do not panic!

 

I have had dealings with DLC myself and ended up reporting them to the OFT.

 

DLC are bullies and they tend to pick on what they think, are the weaker more vulnerable consumers.

Unfortunately, for them you are a cagger with an army of helpers at your side!

 

You have got to be strong with this;

take a deep breath and compose yourself.

 

It is quite understandable to become over emotional, that is only human.

But, you have got to detach yourself from your emotions and fight this low-life DCA firm.

 

What DLC have done is an outrgae and totally despicable, in fact I don't think that I have ever heard of a case that is so bad.

 

And Yes, there is a point in fighting them; we are all here right beside you:)

 

Right Guys, this is Honeypot's original thread, you will see that there is quite a lot to work on:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/206575-help-egg-please.html

 

AC

x

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Both intrum justitia and outstanding services did the same to me, I was worried sick arguing as long as I could afford food, priority how would it mean they stick their noses in with social services. I eventually stopped paying them and they have not got back in touch for nearly two years now on those particular accounts.

 

Dont let them get you down:) They are sc*m:mad:

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Well, has been a while since I spoke to a DCA - but these are idiots! Spoke to a Mrs Bloxham (who has kindly provided me with her direct number)......lovely woman :rolleyes:. She insists that none of her staff would do this (whatever!!) - anyhow, she promises (haha) that no telephone calls are ever deleted, and if you send a SAR you will get the recording of the telephone call - I wouldn't hold my breath though. I might SAR them just to get the recording of my call to them! B@st@rds.

 

If I had your reference number Honeypot, I would have taken it further........;)

 

Above all - don't panic :)

 

Ooops - should mention that I told her about the breach of DPA if they did in fact tell anyone about the situation......including me.

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Right I am going to speak to them now for the last time ever to make a complaint. Then I am going to never answer the phone to them.

 

I have a picture of my girls in my hand for strength and all your replies on my computer.

 

I will let you know what they say to me.

 

Vicky

xxxx

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