Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Could I do this?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5038 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thanks to everyone who has contributed. If I get the chance I'll put the post up and hope that's the end of the matter, though I might just be deflecting it on to a neighbour even if they haven't moved in yet. Perhaps we could all get together and put all the posts in the empty spaces up too - I have a few spare padlocks from shed etc and would happily buy more to make this person go away.

If the car is still there tomorrow, I'll speak to the management company and see what they suggest.

In the meantime, if anyone posts on this forum asking for advice about what to do about mulitple tickets for parking in a private space, you know what to tell them - don't pay, but don't park there again!

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

  • Replies 88
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

StrawDog is typing faster than me again.

 

I don't know why the PPC haven't towed/clamped. In fact the only evidence I have that they exist is the ticket the OH got when we parked in a visitor's space to view the property. Needless to say he didn't pay it.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

You could pay your £2.50p to the DVLA and get the RK's detail's - you have cause; I did it just over twelve months ago, although if a note under the wiper doesn't help, then writing direct might not, of course.

 

However, the op is incurring financial loss if her vehicle is having to be parked elsewhere at a cost to her. Depending on the amount of the loss, does she not have grounds to recover this loss from the person abusing her private property?

 

TFT

09/07/09 :)Business Studies BA(Hons) 2:1:)

 

eCar Insurance overpayment - £325

Settled in full - 15/09/08

NatWest Student A/C bank charges - £260

Settled under hardship scheme - 08/06/09

Natwest Business A/C bank charges - £60

Settled in full as GOGW - 20/04/09

Santander Consumer Finance late payment fees - £60

Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

Settled in full before county court hearing - 01/09/09

Peugeot Finance overpayment of £247

Settled in full - 01/12/08

Valley Leisure - complaint about collections agent

£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

GOGW £10 - 01/05/09

Link to post
Share on other sites

I don't know why the PPC haven't towed/clamped. In fact the only evidence I have that they exist is the ticket the OH got when we parked in a visitor's space to view the property. Needless to say he didn't pay it.

 

Typical - never around when you really need them ;):rolleyes:

Link to post
Share on other sites

Would it be illegal to tow it out of the space?

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

Link to post
Share on other sites

so if the person is not bothered about getting mutiple tickets they will keep on parking there unless you put the post up all the time, thats the problem with companies who just issue tickets, they cant do anything else opther than stick paper to your windscreen

Link to post
Share on other sites

Ok, just call the police and tell them the person has no permission to park there and you want to press charges for trespass.

Don't. It has nothing to do with the Police, this is a civil matter.

regards

Please remember our troops, fighting and dying in our name. God protect them.

Link to post
Share on other sites

Don't. It has nothing to do with the Police, this is a civil matter.

regards

 

I wouldn't even consider calling the police over something which, though annoying, is in the great scheme of things trivial.

 

I'm not sure the OH will see it quite like that though - he's can be a bit territorial especially if he thinks one of his own is being upset by it.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

This gets more complicated as it goes.

 

So, let me get this all nice and clear. You have bought the flat and you bought the parking space too. Someone has parked a car in your space since you got the keys to the property and have apparently ignored your written notes to not park there. Correct so far?

 

You mention the parking tickets, so is there a parking company appointed to ticket/clamp/tow away in the car park? If so, call them and tell them you want this car removed. They will jump at the chance.

 

In the meantime, as the owner of the space, you could contract an SIA parking company to put a sign up on the fence in front of your space and then ticket/clamp/tow anyone who is parked there that shouldn't be.

 

You have several options, so get tough with these people.

Link to post
Share on other sites

Car was not there this morning, and post is now in position and will be every time I leave the space empty.

 

It would be evil to hope inconsiderate driver does not see nasty post with big yellow stripes this evening, wouldn't it?

 

Had quite a chat with a neighbour that I hadn't met before this morning, and this car has apparently caused problems for other people. The parking company have had many complaints and have yet to do anything about it. Guess who's volunteered to get the management company involved? After all, I presume some of their charges go to pay this parking company.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

Sounds like someone that needs to be taught some manners - the car driver, not the OP, LOL.

 

There are unfortunately some people in this world who are so self indulgent that they will do what they like. However, it always catches up with them in the end and they usually meet someone who is more than a match for them.

 

Glad you got it sorted.

Link to post
Share on other sites

I am a great believer in what goes around comes around.

 

From the first time we viewed this place we thought the parking area wasn't sufficiently secure, but decided to tackle that problem once we were living there and could (hopefully) get the other residents on our side. It seems that I've started already.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

I've been away for a few days and I'm just catching up with some of the threads.

 

You sound like you have an actionable case. With the post in position you should avoid the problem. If you have been incurring costs while they are parked their then technically you have damages which you could recover from the owner of the vehicle under trespass. You would have to present evidence to the court - so if it happens again get photos. If you can prove your case, you can through the court and try and get a judgement against them. If they don't pay then bailiffs can get involved and might distress the car (clamp it or tow it) until things have been paid.

 

As regard the other matters - if you "immobilise the vehicle" then you are indulging in licensable activity under the PSI Act and regulations.

 

I would treat with caution a management company solution. Most of them involve clamping/permits or un-enforcable invoices. Do you really want the hassle. (Have a look at the appendix of the clamping guide - some of it is relevant to your situation.)

-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

Link to post
Share on other sites

As expected, putting my post up whenever I'm not there has deflected the problem on to another property, currently empty. With the permission of the management company myself and another resident yesterday put posts up in all the unnoccupied spaces and have left the keys with the estate agents.

I happened to be nearby (actually watching from the neighbour's flat) when the problem vehicle arrived. The driver seemed somewhat confused by the sudden flourishing of yellow and black posts, then gave up and parked in the public car park next door. We couldn't see where he went after that, but he certainly doesn't live in our block or the one next door.

All this hassle because someone wants to park for free rather than pay the £1 charge for overnight parking next door.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

I'm glad you have it all sorted out now. No doubt he will find some else to bother soon enough. :rolleyes:

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

Link to post
Share on other sites

Good result and without the need to resort to permits, invoices or clamps. :)

-------------------------------------------------------------------------------------------------------------------------------------

This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

--------------------------------------------------------------------------------------------------------------------------------------

 

Link to post
Share on other sites

Good for you and your neighbour, what goes through the mind of freeloaders like this?

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

Link to post
Share on other sites

As someone who gets nervous just pulling over to drop someone off never mind parking where I shouldn't, I don't understand this sort of behaviour at all. The spaces are clearly marked as private, so parking there is no different to parking on someone's driveway in my opinion, but I bet they wouldn't do that.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

so parking there is no different to parking on someone's driveway in my opinion, but I bet they wouldn't do that.

don't be so sure about that, I live next to a large shop, that has a small car park,

 

I have a private car park (looks a bit like scrub land) attached to (right in front of) the house where I live. (big enough to fit four cars on, (though two would be blocked in) and a single car driveway. -that's right next to my house and right in front of my garage.

I came home last summer to find that the shop was very busy and there were people parked in both the car park bit that's outside my house...

AND on the single car driveway that's next to my house.

 

(I could almost excuse the person parked in the car park for their mistake, my house is owned by the shop -they are my landlord, and there is a sign for the shop that is on my drive... so it could look like an overspill car park, but I couldn't imagine that the buy who parked on my drive, that's an obvious 1 car drive next to my house, in front of my garage, had made a mistake).

 

My missus went to the shop and asked them to make an announcement that could the people with the following car registrations please come and move their cars!

 

the guy parked on my single space driveway actually had an argument with the shop assistant that they felt that they should be able to park wherever they liked, -even though it was obviously in my drive and blocking access to my garage.

but he grudgingly moved his car...

 

the people who owned the other car decided not to move their car from my car park that's in front of my house, for about an hour or so after they'd finished doing all their shopping.

at which time they came and knocked on my door and asked me to move my car from my car park so that they could move the car that they'd parked there!

Link to post
Share on other sites

Like I said, I just don't understand people who do this, but I bet they'd be the first to complain if you so much as parked on the public road in front of their neighbour's house three doors down, never mind if you caused them any sort of inconvenience.

 

How long did it take you to move your car? In your shoes, I'd have made sure I answered the door (after a long delay) dripping wet and wrapped in a towel so they had to wait for me to dry, get dressed, dry my hair, find my shoes, find my bag, search unsuccessfully for the car keys for half an hour ....

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...