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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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    • 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.

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Connaught Debt, Please Help.


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Hi All,

 

I had a debt from 1st Credit about 5 months ago so I sent them a letter saying please send me my signed agreement otherwise this debt isnt forceable. They sent me a letter back saying give us 4 weeks to send you the signed agreement of this debt, till this day I havent had my signed agreement sent to me then 2 weeks ago I got a letter from 1st Credit saying I can have 25% of this debt I owe to them. I ignored these letters and now I have a new letter from Connaught asking for the debt.

 

I need help on a letter to send to Connaught, can I send them a letter saying I sent a letter to 1st credit asking for the signed agreement on 20/05/09 and they they didn't produce the signed agreement so this debt isnt aplicable? Or some sort of letter? Any help would be great and a letter template of some sort.

 

Thank you very much.

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Just a quick point - did you enclose the £1 fee with your CCA request?

 

Probably doesn't matter anyway, as their actions since indicate they know they have no agreement and they're fishing for any payment they can get. How long ago did you take out the alleged debt (I'm assumung it's a credit card)?

 

In the meantime, don't panic - and LTWFB and Sam's advice is spot on. As usual.

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OK, I may need correcting, but this may mean your CCA request was invalid - unless, of course, their response so far means they have declined the need for payment. Wait and see what others think, but I believe it may be worth re-doing the CCA request with the £1 fee, then they are well and truly limited to 12+2 days before a default..

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shame that they did not write back saying that you had not enclosed the fee,instead of acknowledging your request,and stating they have 40 days.and still failed.:rolleyes:

 

would just send in dispute.they have not got it,they know they cant get it.

we know they are stuffed.

 

1st miss out again.bet that quid was the only chance of any money for them.:D

 

SAM

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  • 3 weeks later...

Hi All, Back again and i got a new letter from 1st credit:

 

We acknowledge receipt of your complaint. In accordance with the regulations we detail our complanits procesdure below.

 

1 Complainants will be asked to put their complaint in writing. This will be to ensure no misunderstanding occurs as to the exact nature of the complaint. A complaint form will be provided if required.

 

2 Alternatively the complaint will be dealt with based upon verbal comments.

 

3 A written acknowledgement of a complaint will be sent to the complainant within 10 business days of its receipt, giving the name or job title of the individual handling the complaint for the company. If a final response can be prepared within 10 buisness days of receipt of a complaint, the company may combine its achnowledgement of the complaint with the final response.

 

4 Complaints are investigated by a designated person who has the authority to settle the complaint, or has ready acess to someone who has the authority.

 

5 Within 4 weeks of receiving a complaint 1st Credit Ltd will send the complainant either:

 

a) A fianl response which sets out the final view on the issue raised in a complaint and weather: The complaint is accepted and where appropriate, the redress, or, the complaint is rejected, and, where appropriate, the redress, or, the complaint was rejected with a reason of rejection;

 

b) A response which: Explains that 1st Credit Ltd is not in a position to make a final response, the reason for the delay and when it is exspected to be able to provide a final response;

 

c) At the end of eight weeks after its receipt 1st Credit Ltd will send the complainant either:

 

(1) A final responce; or (2) A response which:

 

explains that the firm is still not in a position to make a final response, gives resons for the further delay and indicated when it expects to be able to provide a fianl response; and

 

informs the complainant that they may refer the complaint to the Dinancial Ombudsman Service if they are dissatisfied with the delay, and encloses a copy of the Financial Ombudsman Service's explanatory leaflet.

 

Now I sent them a letter asking for my signed agreement for a 2nd time about a week ago and they sent me that letter above as well as a 50% off letter from Connaught Collections Uk Ltd which I know are the same company.

 

What should I do next? They are starting to **** me off, like flys round **** :p

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Do you mean this one?;

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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  • 2 weeks later...

Got a letter today, seems they are trying harder but I may need some help:

 

Thank you for your letter of the 2nd September 2009. A copy of our complaints procedure has been sent under separate cover.

 

We recognise your complaint relates to 1st Credit not providing a copy of the agreement within the timeframes defined within the CCA 1974.

 

Having investigated your account I find as follows:

 

Pusuant to your request for a copy of the agreement we have contacted Barclaycard for the necessary documentation. As previously advised, on receipt of this information a copy shall be forwarded to you.

 

A copy of the statement of account as defined by the CCA 1974 has been provided in our earlier letter. For your ease of redernce I can again confirm as follows;

 

A. The state of the account - outstanding balance of £(I'm blanking it)

B. The account, if any, currently payable under the agreement by the debtor to the creditor the full outstanding balance £(I'm blanking it)

C. The amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor - £(I'm blanking it)

 

Should you require copies of statements detailing all credits and debits on the account I would advise this is considered a Subject Acess Request. Under the Datae Protection Act 1998 we are entitled to charge an administration fee of £10.00 to provide this information.

 

On receipt of the fee will contact Barclaycard on your behalf. Alternatively you may with to contact Barclaycard directly for the information.

 

We note that the Copy Agreement will not have been supplied within the specified time however, if an offence is committed, that does not affect the rights and duties between us. The Consumer Credit Act 1974 provides defences to any offence which we believe would apply in this case where we have to obtain documents and information to answer your request from the original creditor.

 

We are fully aware that we connot enforce a debt until the CCA request has been adhered to. Our client states that although currently unenforeable, the debt remains due and payable.

 

I am unaware of any legislation that states a default notice or data that is believed to be correct must be removed whilst a CCA request is being dealt with.

 

You have not specified upon which ground you rely for your notice under s10 of the Data Protection Act and therefore we do not consider this valid; furthermore this is not a valid request as it falls under the exemption in Schedule 2 section 2(a) of the Act.

 

Our aim is to resolve all complaints internally. However, in the event you remain dissatisfied with our response, you may refer the matter to the Financial Ombudsman Service within six months of the date of this letter. A copy of their lealet is enclosed.

We hope that we can resolve matters for you before you take this step.

 

Yours sincerely

 

Gemma Jackson

Compliance Officer

 

They seem to be getting nasty.

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