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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.

      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.
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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Court order


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Hi guys just need some advice really, basically brought a property some years ago, and as property prices went down and credit crunch kicked in, I had to move back in with my parents oweing to no income, couldn't sell the property as the sale would not have covered the outstanding mortgage and would have left a shortfall, therefore, having no other option I eventually rented the property out, however, as the property was vacant for quite a while there are quite alot of arrears outstanding from last year but payments have been made this year as you can guess, the mortgage is not a buy to let. Basically my mortgage lender is taking me to court, not for reposession but to get a court order to say they will reposess unless I maintain my proposed payments. They are willing to capitalise the arrears after a set amount of monthly payments. I have made all payments this year apart from around 2 months again due to property being vacant. I need some advice on whether I need to come clean and just advise the lender that the property is now rented out as it seems to me that they will find this out anyway, Im worried that Im about to land in some deep Cr4p!!!! I know what I did was wrong however, I feel like I had no other choice, I am in debt already, and this property will eventually be my get out of debt card.

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H there, sorry for delay.

 

You are certainly in the horns of a dilemma - on the one hand you have made an effort to service your mortgage payments by letting the property. However you would almost certainly need permission from the lender to put a tenant in the property.

 

The choices are - you tell the lender and hope you can get their agreement to let the property, or - you enter your defence (I'm assuming you have an N11M defence form from the court?) stating you are able to make the payments going forward + an amount each month towards the arrears, without mentioning that it is rented. The choice has to be yours.

 

In any event you need to send your defence in to court before the hearing and we can help you with that - what date is the hearing?

 

Ell

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Thank you so much for gettin back to me, I really really appreciate it....I have not at this stage recieved any documents from the lender or a hearing date as of yet apart from a 15 day notice to clear the arrears, or legal action will begin. I have however, spoken to them and they have advised me that if i cannot clear the arrears within the 15 days, then their solicitors will be in touch with me and that I will need to put a proposal of payment forward to them so that they can present this to court. After this I need to make six consecutive payments, after which they will consider capitalising the arrears.

 

Thank you so much for getting back once again Ell-enn, I feel relieved already. If I was to file a defense will the solicitors/courts not ask for evidence of income/expenditure etc? I'm sure I will be able to maintain the next 6 monthly payments with a little ontop to cover the arrears, so if I put a proposal of this in the defense, will that stop further action?

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  • 3 weeks later...

Today recieved my letter from the solicitors of the bank, I want to make a proposal of payments however, they have attached an income and expenditure sheet and Im not sure quite how to complete it given my situation as mentioned in the post above. Any advice would be greatly appreciated.

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Personally I would not tell them its rented. Why cause more problems for yourself...

 

It all depends on your mortgage? Has it gone low because of the interest rate?

 

There are different angles you can use with different lenders. Please give some figures and then we ca work out how to go forward.

 

All they want to see is regular payments as long as it covers the mortgage, and then a little extra towards the arrears and then after 6 months some of the lenders will allow you to add the arrears onto the loan and start from scratch, then you can wait until the market gets better before you sell but again depends on figures and lender involved.

 

Most of the time if you tell the judge you are proposing to pay a little towards arrears and the mortgage every month they will give a suspended order as long as you continue. Its all about running your negotiations with them and start off minimally and see what they accept. It is worthwhile sometimes to inform the opposing solicitor beforehand s they tell the judge for you that you have a payment plan ready aswell...

 

Good Luck!

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Hi, read your original mortgage contract to see if it specifically mentions anything about renting the property out before you do anything else. If it doesn't say you can't - then you would assume you can :)

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thank you guys for the advice. It does say that I can't do this without the lenders permission. arrears are just under £9000. I have been advised that I can make a proposal which will need to cover the monthly repayment and then a little ontop and provided I don't break this arrangement they will capitalise the arrears. How would I g about filling the income and expenditure? Especially as they have stated that they could possible ask for evidence of the income and expenditure at a later date.

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Are you in employment? if so, will your income cover the mortgage and bills? (on paper)

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I am not implying to do anything illegal or of such but you could perhaps do a little expenditure that will fit the amount to pay the mortgage and small arrears. I cannot see them asking for proof, if this does happen then leave a few days and change strategy, ie say you lost your job and revise it. You can get away with not filling it in, they just want to see the regular payments coming in. If it is right at the last minute and they demand this then I would fill it in.

 

Be warned this way it could backfire, I have gone through this a few times but although they were all BTL they have only ever asked for proof of tenancies so its a different scenarios to yours... Sometimes a little white lie just to keep things simple but only do this if you have confidence you will be able to keep up with the payment plan...

 

Please really think about which angle you go down but dont get stressed as it will cloud your judgement, just take your time and be confident whcih route you will try...

 

Good luck!

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This is my advice and it's based on experience:

Do not let the property out, but, stay in it yourself and then take in lodgers. Make sure your official address is the property you own. Be grateful that you are dealing with a good lender and give him a realistic proposal including your income and expenditure sheet. The income from the lodgers should meet the income from alledged tenants, why, it should be enough to cover mortgage plus whatever you can on top. Ensure you maitain these payments for the period your lender reqires and then agree to re-capitilise. They are giving you a ''get out of jail card'' and not many mortgagoors are that lucky. lf you do not mess this one up, you should be alright and the whole dingaling sorted within a few years.

Best of luck.

GR

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Gustavius thank you so much for that info, so I will fill out the income and expenditure to say they are lodgers and then work out the gas/electric etc... they do pay me the majority of the amount that would go towards the mortgage, I would have to pay around 150, however, then the bills council tax etc would be paid by me right?

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Gustavius thank you so much for that info, so I will fill out the income and expenditure to say they are lodgers and then work out the gas/electric etc... they do pay me the majority of the amount that would go towards the mortgage, I would have to pay around 150, however, then the bills council tax etc would be paid by me right?

 

lt depends how you set it up. Normally you would charge, say £85 per room including bills or £120 to £130 for a double room including bills. You could also lower the rent and charge portions of the bills to the rooms on a weekl/monthly basis. Best, though, is a clean £120 per week for each of the one or two double bedrooms you have available, including bills.

GR

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  • 1 month later...

HELP!!!! An update on this situation, I have made a proposal of payment to solicitors and they are happy with t, however, I thought that was the end of my bit, untill I discovered the defence form for court which I have just tried to submit online as its due tomoro, however, it's not letting me do it!!!! Why me???!!!! Can sopmeone please tell me what I need to do or can do? I basically have o defence will they reposess my flat?

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Well if you are going to court and they are trying to repossess. If I understand correctly this is your first court case and you are going?

 

If yes, then arrive earlier and ask usher or clerk to let you know other solicitor arrives before you go in. When you meet solicitor tell them you want a suspended order subject to you keeping to the payment plan already agreed, see if you can get them to agree. They normally agree if it is a reasonable payment plan, then they will explain to the judge that they recommend suspended order as long as payment are made. If they dont agree then explain to judge you are looking to continue with payment plan and you want a suspended order, they normally give you a fair chance to show them you are making an effort.

 

Thats all you need to do, the judge normally takes the time to explain it quickly to you.

 

I hope this helps.

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Streesed 150,

Did you know you can submit forms to the Court via Fax - it is acceptable.

Call the Court and get their Fax number would do not harm to advise on the situation (short on time).

 

No expert but this is what I did (I was runnig low on time)...it was fine.:)

All the best DDD

Season greetings at Christmas & Happy New Year to all!

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  • 8 months later...

Hi guys it's been a while since I updated this, but really wanted to say thank you very much to everyone who helped me out with this, I'm happy to say that I am back on my feet with he flat and have mantained my monthly payments inline with my arrangement via the court. Therefore, my lender has since capitalised the arrears and I still have my flat. Finally feel like I'm getting above board...!

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