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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.
      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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Orange Nightmare


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Hi all,

 

i have been looking around this site for a while and wished that i had found it earlier!! I have some horror stories for you. I'm not into getting out of what I owe, but feel that I have been taken for a ride on a number of occasions and not really knowing the law... well you know the rest.

 

Firstly Orange!

A cut down history:

I changed my deal in December 07 to a blackberry pearl dolphin package. Phone number 1 not working properly many hours spent in orange shop trying to sort out. orange finally conceded realised phone not working - new phone. this time phone seemed to be working but service not working properly blackberry problem apparently!? all the greatest engineers from Orange and Blackberry tasked with the problem ;) more hours in shop and on the phone. finally sorted! few months later scroll ball broken on the phone. new phone given same problem with internet etc. My statements were always wrong, they told me that they would give me 2 months rental free did not appear until many months later, i was also paying for internet which they told me was free in the package that i had. i refused to pay any bills until sorted. They cut me off and terminated the contract. :evil: Now Moorcroft sending letters asking to pay £400 + as iwas still i contract when they terminated. i am willing to pay for the airtime that was used, but not the rest of the contract as i feel that i have been treated very badly from a company that seems to be customer friendly!

So now Moorcroft are on the case. i have written to them with a more detailed version of the above. the letters received back didn't seem as if they had read them at all! i phoned them up and told them my concerns especially the time that i has waisted. i have received back a letter saying that Orange policy is not to give compensation. they are demanding the 400.

Something i don't understand if Orange have terminated why do Moorcroft alwys ask if i want to reinstate my contract!

 

any help would be appreciated.

 

regards

 

lighflight.

Edited by lightflight
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Hiya and welcome to cag,

 

i have moved your thread to an appropriate forum,

 

Ida x

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Hello and Welcome, lightflight.

 

I'll move this thread to the appropriate Forum.

 

EDIT:

 

Ida, with the 'go faster' Pumas on, beat me :)

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Hi all,

 

i have been looking around this site for a while and wished that i had found it earlier!! I have some horror stories for you I'm not into getting out of what I owe but feel that I have been taken for a ride on a number of occasions and not really knowing the law... well you know the rest.

 

Firstly Orange!

A cut down history:

I changed my deal in December 07 to a blackberry pearl dolphin package. Phone number 1 not working properly many hours spent in orange shop trying to sort out. orange finally conceded realised phone not working - new phone. this time phone seemed to be working but service not working properly blackberry problem apparently!? all the greatest engineers from Orange and Blackberry tasked with the problem ;) more hours in shop and on the phone. finally sorted! few months later scroll ball broken on the phone. new phone given same problem with internet etc. My statements were always wrong, they told me that they would give me 2 months rental free did not appear until many months later, i was also paying for internet which they told me was free in the package that i had. i refused to pay any bills until sorted. They cut me off and terminated the contract. :evil: Now Moorcroft sending letters asking to pay £400 + as iwas still i contract when they terminated. i am willing to pay for the airtime that was used, but not the rest of the contract as i feel that i have been treated very badly from a company that seems to be customer friendly!

So now Moorcroft are on the case. i have written to them with a more detailed version of the above. the letters received back didn't seem as if they had read them at all! i phoned them up and told them my concerns especially the time that i has waisted. i have received back a letter saying that Orange policy is not to give compensation. they are demanding the 400.

Something i don't understand if Orange have terminated why do Moorcroft alwys ask if i want to reinstate my contract!

 

any help would be appreciated.

 

regards

 

lighflight.

 

 

1st lets stop the pesky DCA

Rule 1 Don't talk to debt collectors on the phone unless you are recording it.

Rule 2 DON'T TALK TO DEBT COLLECTORS OVER THE PHONE UNLESS YOU ARE RECORDING IT! :lol:

 

Keep everything in writing (that way you have a paper trail if it does go to court)

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Send that letter, remove the bit about Consumer Credit Act (as mobile contracts are service contracts, not credit)

 

Now, on wards to Orange.

This one is the more important (as they will have probably logged adverse data on your credit file, which can effect your credit rating)

 

1st get a credit report from the CRA's equifax and experian.

 

Here is a video guide of how Ofcom suggest you complain. This is not a bad idea (again if it goes to court you will be seen as being reasonable)

 

A guide to telecoms complaints Ofcom

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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There is enough... basically all you need to say is that the amount owed is in dispute with Orange, so it's unlawful for them to try to collect.

You can have some decent fun "DCA bating" :lol: if they keep phoning. read here for some inspiration. http://www.consumeractiongroup.co.uk/forum/bear-garden/131409-cheekiness-towards-dca.html My favorite is to try to educate them to the fact that they phoned you so it's them that need to go through security, and I won't give out any personal information unless they do this 1st :p

 

As I said, the main problem is Orange (just because of the damage they can do to your credit rating.)

 

Write to orange listing their failures. I believe your desired outcome will be removal of adverse data on your credit file (although this will be a hard slog I feel) and writing off any debt they say is owed.

 

Push them as hard as you can, say they broke the agreement by charging you extra for internet, so that ended the contract therefor they had no rights to process your data with the credit reference agencies, or to collect the alleged money owed on the account. If they offer something that is acceptable to yourself in the way of a compromise, accept it.

 

Here is the address :-

Orange Customer Services

PO Box 10

Patchway

Bristol

BS32 4BQ

 

Hope this all gets sorted out quickly for you :)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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  • 2 weeks later...

hi all

 

well i sent moorcroft the 'account is in dispute' letter and that is was unlawful for them to request money while the account is in dispute. a letter arrived today

and i quote

 

'further to your recent correspondence, i write to confirm we require a monthly repayment proposal you can afford and maintain, to enable us to assist you further.'

 

i sent this letter recorded delivery. shall i just ignore this letter? i have also subject accessed orange, still waiting for a reply from them.

 

any ideas...?

 

thanks for your help.

 

lightflight

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I'd personally ignore the DCA. They're not gonna do anything, all mouth no trousers :p.

 

Concentrate your efforts on Orange. As I said I think you'll have a tough slog ahead of you. Ask them for their "Code of Practice" aswell!

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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  • 2 weeks later...

thanks Locutus

 

sorry i didn't reply i have been in the wilds of Cornwall where internet is a bit scarce!

 

I have just recieved another lovely letter from someone calling themselves Midus, part of Moorcroft!? Moorcroft have nt acknowledged my Account in Dispute letter yet, is this normal nor have orange fr that matter replied to my Access letter should i give them a ring?

 

Lightflight

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You're always best writing. (you can send special delivery OR ask for a "proof of postage" at the post office so if things do go to court, you have proof that you've kept in touch.)

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

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  • 5 weeks later...

hi Locutus,

 

finally got my paperwork for the subject access request from orange and looks like Moorcroft have stopped their lovely letters. i have questin regarding Orange... i sent the letter for the Subject Access request with £10 enclosed. when i recieved the paperwork back the letter instructed me to send a check for £10. phoned orange to get to the bottom of it and tell me that they have indeed got the cheque but put it towards the balance that i owe!? the operator said that they shouldn't have done that!! Any view on this and what to do.

 

thanks as always.

 

lightflight.

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Return their completed paperwork with a letter/note telling them that you've already sent payment for £10.00.

 

As they've offset your payment against the balance which was clearly not what the payment was for, advise them that your not sending another cheque as you've already paid the statutory fee, you shouldn't have a problem, basically it's there issue not yours if they've incorrectly used/allocated the payment.

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Also, make sure you tell them that the 40 days is still counting down and you WILL involve the information commissioners office if the deadline is not met.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

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