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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 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.
    • 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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      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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Howard Cohen/MBNA - old set aside case - new AQ arrived - help


matt2002
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Matt please try to calm down, what have they sent you in regards your legal requests, ( Did you send them recorded delivery?

Get everything you recieved and sent in logical order and put in a file, If theyve not sent anything, then all you can possibly do is file embarrassed.

 

we need to get advise on what you can ask the court to do on your behalf, hopefully without you paying for it, so if theyve sent nothing to prove you owe anything, theyre wasting valuable court time, theyve also decieved you.

So get your file ready, show the Judge what youve done to obtain the documents and show how theyve delayed you in preparing your defence

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Hi,

 

First thing first court isn't what you are expecting. This isn't a criminal matter this is a civil matter. You get there sign in with the usher and sit in a canteen style room until it is your turn. If the other side is there they may want a quick chat in a private room and it is up to you if you do this or not.

If they try to give you any papers at all at this stage politely and firmly refuse. Anything they have at this point can be addressed through the judge.

You go into a small office with legal books on the shelves and sit around a big table (or 3 small ones pushed together)

Standard protocol is for the claimant to go first (if they show). Listen take notes. If anything is too fast for you or if it is in a legal language you do not understand make a point of saying

"sorry I'm litigant-in-person (just means your defending yourself) can I ask you to repeat that/explain what that means.

All that is been decided at this point is wether there is good reason to have the judgement set aside.

I would say if you have your notes well organised (2 copies of everything 1 for the judge, 1 for the claimant) this should be granted.

This just puts the case back to where it was though and you still either need to defend or complain and complain again if documents needed for your defence are not forthcoming.

I know its easier to hide and hope it goes away but the court will want to know why you left it so long after your cpr request without taking further action.

I always approach these things with a prepare for the worst and hope for the best attitude. Worst the ccj sticks and you pull out your repayment plan the court rubber stamps it and as long as payments are maintained nothing else will happen.

Best they will take deep offence at the claimants actions and throw the case out.

 

Hope this helps and good luck.

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Thanks for your advice, so far I have my requests and the proof of delivery, I have their response which states everything is on hold until they find them and send me a copy, then i just have several threatening letters stating that i have not stuck to the court order and that they are sending bailiffs

 

Thanks again, this is all very daunting and i really appreciate your advise!!

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The other side have had more than enough time to find paperwork that should have been attatched to the claim form.

I would be asking the judge to strike out under cpr 3.4

Power to strike out a statement of case

 

3.4

 

(1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

 

(2) The court may strike out(GL) a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

 

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

© that there has been a failure to comply with a rule, practice direction or court order.

 

If he/she isn't keen to do this point out that you have nothing to defend against as the claimant has provided no evidence - show your proof and ask if he/she can at least make an order for disclosure and inspection so you can formulate a defence.

 

Also as the claimant is not showing paperwork you should also ask for costs and should be granted this.

You can work these out later you just want the judge to agree.

 

Hope this helps

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Thanks for all of your help, I have just come out of court, the judge has set it aside and requested they pay my costs within 14 days, I was really nervous but no legal jargon needed, i just went in and explained what has happened, he shuffled some papers for a minute and then just said he would set it aside, asked if there was anything else, i asked about costs and he said that was reasonable.

 

If anyone else is ever worried about going to court, DONT BE, it isnt as intimidating as i thought it would be!!

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Thanks for all of your help, I have just come out of court, the judge has set it aside and requested they pay my costs within 14 days, I was really nervous but no legal jargon needed, i just went in and explained what has happened, he shuffled some papers for a minute and then just said he would set it aside, asked if there was anything else, i asked about costs and he said that was reasonable.

 

If anyone else is ever worried about going to court, DONT BE, it isnt as intimidating as i thought it would be!!

 

 

Hello there matt,

 

A very big GODZILLA to that superb result for you against those nasty robots.

 

What an amazing amount of support given by those caggers absolutely excellent work, advice and guidance, well done indeed, I really do enjoy learning that the robots have failed to inflict injustice against a layperson.

 

Well matt, please up-date on the next stage of this, when you can.

 

Kind Regards

 

The Mould

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Well done so far. Make sure you get the costs submitted. I would say around £300 would be fair but itemise this to look reasonable. There is plenty of threads on here to help you draft this.

This is set-aside which means things revert to how they were before the judgement was entered.

This means you will have a case to fight or negotiate a settlement on. To do this you need the documents to defend.

Read through the claimants particulars of claim issued in Northampton taking note of all the documents they mention. i.e. credit card agreement, default notice, termination notice.

Then you need to send a cpr31.14 request for these documents (again a quick google search will find you a template)

If this is ignored send a second one marked 2nd request a fortnight later

If this is ignored send a third one a fortnight after that.

If this is ignored you need to be applying to court for an unless notice.

 

Point is you can't just ignore this you have to be seen as pro-active and concerned about getting the documents now needed to defend or acknowledge a debt exists.

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  • 5 months later...

Hi All,

 

About 2 years ago I had a judgement made against me from HC regarding an MBNA credit card, the judgement was made in default, so I applied to have it set aside as despite my CPR request for Notice of Assignment, Default Notice and CCA, CH had failed to supply it. I appeared at Court and the Judge agreed to set the judgement aside and even awarded me £75 costs. CH even paid up!!

 

A few weeks ago I had an allocation questionnaire through regarding HC, after speaking to the court I was advised to state that despite previous requests I had still not been given visibility of the information requested in my CPR. I did this and sent it off. I then recieved a letter from the court stating that the claim had been stayed until HC could provide the documents - today I received the documents. The Original Credit Agreement which was signed up for online, copies of statements, default notice and notice of assignment.

 

How can I find out if my CCA is enforceable? I read on here that if a credit card agreement doesn't state the credit limit then it is unenforceable, mine simply says 'We will choose your credit limit and tell you what it is. We may vary it at any time and write to let you know' it mentions nothing else about the credit limit.

 

Please help, this has been going on for years now and I just want to put it behind me, I cant focus on anything else at the moment, and I really need to!

 

Thank you in advance for your knowledge and experience!

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new and old threads merged for history of case.

 

dx

siteteam

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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doubt it

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi all, sorry for the delay, here is my agreement, or the one they have sent me anyway...22-11-2010 22;28;53.pdf

 

Would really appreciate someone taking a look and letting me know what my next steps should be...

22-11-2010 22;26;10.pdf

22-11-2010 22;26;50.pdf

22-11-2010 22;28;20.pdf

22-11-2010 22;27;32.pdf

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tbh that looks ok or certainly typical of mbna

how old is this card/ when did you take it out?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thats what i was thinking too

 

it looks like it

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi, I have just noticed that they have the incorrect address on the CCA, they have an old address but I had moved out of there 2 weeks before this agreement was signed - will this help my case?

 

I think this does make it unenforceable. It is simply wrong. If it is a recreation – which it must be as you did not live there at the time – then Carey v HSBC makes absolutely clear that your name and address must be EXACTLY as they were at the time the agreement was taken out.

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Hi all, thanks for your input, it was indeed an online application, and the address was indeed incorrect, it was my old address on the agreement I had moved about 2/3 weeks prior to this agreement being formed. How should I respond, all i have had so far is a letter from the court stating the case will be stayed pending written confirmation that the documents have been sent. Then I had the documents through from Cowards and Hoes with a covering letter saying a copy had also been sent to the court, have heard nothing from the court yet... Not sure what to do next!

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