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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.  

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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.

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      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.

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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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Is this a mistake or Fraud? ***WON***


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Bloody bureaucracy - "please do again what you've already done"... still, keeps a court monkey in work.

 

:D

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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The rule is that you have to do it for every fee that's due. I'm surprised they didn't make you do that with the last hearing.

 

I gotta run. I won't be able to come back till late next week, but we got time, because the next Schedule of Costs is only due in March.

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Thanks for dropping in LP, hope everyone is still around by then :D

Amen! Though I feel like I'm fading away - 2hrs 30mins sleep (if that) last night - made about 5-6kg of humous, average 4 hours every night this week! Sleeping the whole Sabbath which comes in @ 3:34.

 

And gotta light the candles - first night of Chanuka (Festival of Lights - not a holiday when I can't do nothing, thankfully) to"night".

 

No problemo.

 

Hope you all have a more relaxing few days than me. My Seudat Hoda'ah is Sunday night, and the Pidyon Haben Sunday morning!

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Just got in and checked mail and I have received a letter from IT's son, this is what it says:

 

Dear Mrs XXXXXX

 

Thank you for agreeing to the adjournment last week.

 

You may have heard that my mother passed away, my father has taken it very badly, they had been together since thier teens.

 

I propose you and I meet to attempt a settlement and would be grateful if you could contact me to arrange a convenient time to meet, I propose we meet at a cafe or somewhere like that, my contact details are below.

 

Yours faithfully

 

 

 

Is this good news or what?

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Just got in and checked mail and I have received a letter from IT's son, this is what it says:

 

Dear Mrs XXXXXX

 

Thank you for agreeing to the adjournment last week.

 

You may have heard that my mother passed away, my father has taken it very badly, they had been together since thier teens.

 

I propose you and I meet to attempt a settlement and would be grateful if you could contact me to arrange a convenient time to meet, I propose we meet at a cafe or somewhere like that, my contact details are below.

 

Yours faithfully

 

 

 

Is this good news or what?

DO NOT MEET!!!! If it's son is anything like it, then it's son will attempt to manipulate you to agree to something against your best interests or in the alternative claim you agreed to something that you didn't agree to, and it will be your word against it's son. I suggest you send the below letter to it's son - and do NOT speak to it or it's son at all!

 

Fill in the gaps. Print it on your own letterhead - 3 times - sign each one. Send one of them each to IT & IT'S SON, and keep one for yourself. With the one to IT directly send a copy of IT'S SON'S letter to you. Keep the original one in your folder and one signed copy of this letter in your folder too. Send them SPECIAL DELIVERY. [i would normally not make that recommendation for something like this but Royal Snail is currently even less reliable than usually.]

 

 

IT'S SON

IT'S SON'S ADDRESS

 

17th December 2009

 

Dear Sir,

 

WITHOUT PREJUDICE, SAVE AS TO COSTS

 

I am in receipt of your letter dated .... in relation to my claim in Aylesbury County Court with the claim number 9...., against your father - IT.

 

I am pleased to see that you and your father have finally seen some sense and wish to settle my claim, despite dragging this on and on for far too long.

 

I too am willing to reach a settlement, but am unwilling to do this in person with you or over the phone. All communication must be in writing, so that I have evidence - should it be required.

 

I am sure you will understand my requirement - especially considering the circumstances of this matter and the recent letters your father wrote to me which clearly imply that he has no wish to reach a settlement and refutes my claim fully.

 

I would therefore request that you make a reasonable offer in writing to me. Due to the postal system becoming even less reliable than it usually is around the Christmas break, I would recommend that if you and your father are truly serious about reaching a settlement agreement, that all correspondence be sent by Special Delivery - or other courier service - so as to guarantee it's receipt.

 

I must also insist that any offers to be made come with your father's written consent - otherwise I will legally be unable to accept them.

 

I should also advise you that if any offer is reached, any settlement would be paid within 7 days of the agreement being signed by both parties; and that any discontinuance will only take place after such funds have cleared. I would recommend you take this into account as I will not consent to a further adjournment of the hearing - considering how long this has been going on for.

 

Sincerely,

 

 

....

 

 

CC: IT

IT'S ADDRESS

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Awesome response LP, I was not too keen on meeting this brat, and knowing both father & son I know they would want to take advantage of the situation they are in at present. I will write these letters out and do as you have advised.

 

I do not trust IT or IT's son as far as I could throw them so will not agree to a meeting like this at all.

 

Do you think I should write a few words of sympathy as a mark of respect to the mother, as I don't want to sound like an unsensitive cold hearted bitch, even though that is what they make me feel sometimes.

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DO NOT MEET!!!!

 

 

Agree 100% with everything LP has written there, if they are serious on making an offer then get it in writing.. this protects the rights of both parties.

 

As to putting words of sympathy in..it wouldnt make any difference legal position wise so its your call.

 

S.

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IT's son has a distinctly dodgy business record and is known to Companies House... snake's tongue and trap spring to mind.

 

While I would be tempted to meet my nemesis and look them in the eye (all wired up to record, of course), I'd recommend you steer well clear, as LP says. Did he mark his note 'without prejudice' or anything like that? Meeting in cafés rather than at offices is an odd way of doing business to someone who's used to dealing with legal issues.

 

Just keep these dolts out of your hair until after Christmas - don't let anything spoil your fun!

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Awesome response LP, I was not too keen on meeting this brat, and knowing both father & son I know they would want to take advantage of the situation they are in at present. I will write these letters out and do as you have advised.

 

I do not trust IT or IT's son as far as I could throw them so will not agree to a meeting like this at all.

 

Do you think I should write a few words of sympathy as a mark of respect to the mother, as I don't want to sound like an unsensitive cold hearted bitch, even though that is what they make me feel sometimes.

I'd say no to your question. They don't deserve your sympathy. And saying something nasty - which is what I'd like to do - would only work against you, so better say nothing at all.

 

IT's son has a distinctly dodgy business record and is known to Companies House... snake's tongue and trap spring to mind.

 

While I would be tempted to meet my nemesis and look them in the eye (all wired up to record, of course), I'd recommend you steer well clear, as LP says. Did he mark his note 'without prejudice' or anything like that? Meeting in cafés rather than at offices is an odd way of doing business to someone who's used to dealing with legal issues.

 

Just keep these dolts out of your hair until after Christmas - don't let anything spoil your fun!

I tend to agree a bit with DB. But I don't think sending the letter now can hurt. If you had to meet them then I'd say only after New Year, but you shouldn't so I don't think sending them a letter now can hurt. In fact getting it out of the way now is probably best.

 

Obviously don't deal with this too much over Christmas & New Year - at least if you want to have any fun!

 

Nobody's asked me anything - hint hint!

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

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Hi DB and I see you know what kind of a xxxxx IT's son is. The letter he sent was just by ordinary first class. He did not write his name or address on the back of the envelope. I think he is just trying to be clever by covering his tracks.

 

I have no intention of meeting with him or IT's father. There is nothing left to negotiate. This has been going on since April 09 when I issued my claim, and the next hearing is in March. That will be nearly a bloody year, I have concrete evidence and still this has been dragging on for so long.

I am not too impressed with the courts giving such a long date.

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Hi DB and I see you know what kind of a xxxxx IT's son is. The letter he sent was just by ordinary first class. He did not write his name or address on the back of the envelope. I think he is just trying to be clever by covering his tracks.

 

I have no intention of meeting with him or IT's father. There is nothing left to negotiate. This has been going on since April 09 when I issued my claim, and the next hearing is in March. That will be nearly a bloody year, I have concrete evidence and still this has been dragging on for so long.

I am not too impressed with the courts giving such a long date.

I think on this occasion I wouldn't blame the court at all. At first you filed really bad PoCs - so the Application hearing was really when all started.

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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WHOOPS I LP you got there before I posted. I am not going to meet him. What is the point, it can all be done in writing. I know how these people operate, and they obviously must have something to hide otherwise they would fight me to the end. I am not budging on my decision. I should write pay up or shut up, but better write what LP has suggested.

I won't write any words of sympathy. IT's wife was also responsible for all the problems that me and my OH received, but she is no longer here and I will not speak any ill words against her. I think I am still a bit civilized for that, if nothing else.

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I think on this occasion I wouldn't blame the court at all. At first you filed really bad PoCs - so the Application hearing was really when all started.

 

 

Truly said LP and I totally agree. Well at least I have learned many a lessons along the way from you.:D

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Put this thread into hibernation, frettful... winter starts next week, after all!

 

I dare say LP could do with a rest too (though he's busy all around the forum).

 

And enjoy your Christmas.

 

Donkey x

 

PS Don't forget to send IT a Christmas card! I have a very special one available...

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LP sorry but I just wanted to make double sure with the letters to send. Should I send one copy of the response to IT's son special delivery, and one copy to IT with a copy of the letter IT's son sent me attached special delivery too.

The reason I ask is that IT and IT's son both live at the same address, and I just wanted to make sure.

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Do you think I should write a few words of sympathy as a mark of respect to the mother, as I don't want to sound like an unsensitive cold hearted bitch, even though that is what they make me feel sometimes.

 

Don't lower yourself. This is business.

 

Have a very happy Christmas and remember good things happen to good people.

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Put this thread into hibernation, frettful... winter starts next week, after all!

 

I dare say LP could do with a rest too (though he's busy all around the forum).

I could do with a 6 month rest!!!!!!!

 

And enjoy your Christmas.

 

Donkey x

 

PS Don't forget to send IT a Christmas card! I have a very special one available...

Lol! I could dream up a beautiful card for IT & IT's son!!!!!!!

 

Thanks DB I don't think IT celebrates xmas, and if IT did I don't think with the loss of wife IT will be this year.

Doesn't make a difference - you could still send them a Christmas card. I don't celebrate Christmas, but I still get cards.

 

LP sorry but I just wanted to make double sure with the letters to send. Should I send one copy of the response to IT's son special delivery, and one copy to IT with a copy of the letter IT's son sent me attached special delivery too.

The reason I ask is that IT and IT's son both live at the same address, and I just wanted to make sure.

How old is it's son? Still leaving with it's parents? What a loser!

 

Yeah, send as above. Just to make sure it's son is not hiding things from it, though unlikely.

 

Don't lower yourself. This is business.

 

Have a very happy Christmas and remember good things happen to good people.

I second this!

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:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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