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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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      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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Storecard Claim served - what now? ** SUCCESS**


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Both my husband and I have both been served claims for the same storecard debt. Is this right? Should both of us reply or just one of us?

 

The debt is under £1k but we just can't afford to pay it back right now.

 

I previously requested the CCA and as it looks to be OK to me I resumed monthly payments. However with ever deepening financial difficulties I decided to write to all my creditors (only those I believe I have valid agreements with) asking them to accept lower payments etc and enclosed a personal budget sheet (from this site). Everyone accepted except for this storecard with a local company (not part of big group). The sent us a DN (again appears valid) and terminated account and followed all correct procedures.

 

They rejected my offer of reduced monthly payments which I have sent twice now.

 

What can I do now? Could I offer to settle the claim by paying a part of the amount owing as a final settlement or is it too late for that?

 

Any advice welcome.:confused:

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can't comment on whether they are right to issue 2 claims for the same thing - hopefully someone else will be along to comment on that.

 

IMO you have a few options

1. pay it off in full - no CCJ but you got to find the money

2. make a sensible full & final 'without prejudice save as to costs' offer

2. admit to claim and ask to pay by instalments - you get a ccj against and in the end the court will generally agree affordable monthly instalments

3. defend the claim - worst result same as no.2 (+ a little more in costs) best result is they give up or you win & no CCJ

 

It might be still worth you asking them for all the paperwork to make sure they send you the same docs again and that they really are without error, as even small errors can mean that you have to pay less as 'compensation' for the mistakes

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Was the card in joint names?

I think you need to Acknowledge service and send the CPR request for information letter to the claimant to see what documents they have.

 

Can you post up the DN and agreement for others to comment on. (minus personal info).

 

Is it the original creditor taking you to court or is it an assigned debt?

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Yes, the card was in joint names and it is the original creditor who is taking us to court.

 

I will try and post up a copy of the agreement etc. but have never cracked using photobucket.

 

I have also just realised that the DN is technically invalid as the date they gave as payment to be received by is 1 day short. Do you think I should point this out as a way of getting them to withdraw claim?

Edited by Pumpkinhead

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* note that from 19th December 2006 it is 14 days

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Many thanks Ghostdebt and GH2008.

 

I have sent off my acknowledgement of service advising that we intend to defend the whole claim they've made. Have also sent CPR 31.14 request to their legal people to see if anything they send differs from what I have already.

 

Whilst I am confident the DN is invalid on dates, another matter has come to my attention.

 

When they sent me the DN I actually paid the arrears within the time they specified, however I now see from the POC with the claim that they still terminated the agreement the very next day after I had made my payment to the store (by telephone and I have ref number for transaction). I didn't receive any letters clearly stating that the account had been terminated, only a sentence contained in a letter thanking me for my payment saying that as I had broken the T&Cs my card was no longer valid and should be destroyed.

 

Would it go against me if I have sent them a letter previously asking them to accept reduce payments?

 

Does this look like a case where I could defend my claim by saying that by their terminating the account THEY in actual fact have ended the agreement so I don't now owe them anything???

 

I've also seen a reference on some other posts relating to unlawful charges being included in arrears totals. What are these unlawful charges and how can I find out if they've levied any against me?

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OMG !!!! :eek:

 

oh dear they haven't quite played by the rules have they.

 

If you do what they ask on a DN then the breach has to be treated as though it had never happened.

 

They have unlawfully rescinded the agreement.

 

AFAIK even with a valid agreement, as they have unlawfully terminated they are only allowed to claim the arrears at termination. Which = nothing!

 

There are threads about where people have counter claimed for all the payments & interest back but this is unknown territory for me.

 

You would seem to be in a very powerful position

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If you have proof that the required payment was made within the required timescale, then I think you are in a good position to argue your case.

Can you double check and confirm this and then we can see if we can get some other help onboard.

 

Regards

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It just keeps getting better. :)

 

I previously asked these jokers to accept a reduced monthly payment due to my being very hard up at present but out of 6 creditors I approached they were the only ones to say no and for the smallest amount owing.

 

Now they have decided to chuck their dollies out of the pram, I have decided they deserve all that is coming.

 

On closer inspection of the DN and having spent most of today reading through other relevant threads, I have identified more problems with it.

 

Firstly they've not given me enough days in which to remedy the breach.

 

Second, the document does not have their Co Registration Number or Reg Address or Place of Registration.

 

Also I see it is a copyright form they've used and I have half a mind to contact the people owning the copyright to see if they have given the creditor permission to use it.

 

Moving on to review the POC again (not via the Northampton Bulk Centre) I notice it states that "the defendant failed to pay the arrears and the claimant terminated the agreement on the next day (date given in POC) . The best bit is I paid the arrears two days before hand by ringing their store and have the reference number they gave me as well as transaction showing on my bank statement. I also have a letter from the store thanking me for my payment!!!!!!! So the POC are incorrect.

 

And of course, last but not least they have terminated the account and thereby unlawfully rescinded the agreement.:D

 

I've sent off asking for the usual CPR31.14 stuff and put in my AoS.

 

Do you think I should just file my defence when the time comes or write to the solicitors beforehand dropping my many bombshells???? I would wait to write to them until I've had the CPR stuff back.

 

Should I also have a go at claiming damages from them and getting them to remove the default?

 

Comments welcome.

 

I will continue reading the Default Notice threads tomorrow - they've been a great help and I'm a fast learner.

 

I've been going through the CCA process since Feb last year because I have been so hard up financially. I can honestly say that after having read so much on this forum and found out how these finance companies work (plus the bankers bonus issues, but that is another of my hobby horses) I wouldn't give them the money now even if I had it.

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Well done :-)

 

Well done for doing some homework and really getting somewhere :-)

 

I think you probably have an excellent case for a counterclaim - yes, more reading for you, you've got the right Keywords

 

I think this one would be a good test of PT's thread http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html where he basically advocates not even putting the defence in until the POC is sorted or you at least have their documents mentioned in the POC.

 

You could, of course, go for a strike out, but I think you are actually in a far more powerful position than that.

 

BTW, are there 2 claim forms? or are you both on the 1?

 

Keep smiling

gh

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Also I see it is a copyright form they've used and I have half a mind to contact the people owning the copyright to see if they have given the creditor permission to use it.

 

Could you be misled to think that with their info on the form that they could have had anything to do with the form? If so definitely

 

If not then you could tell them how bad it was being used ;)

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Thanks for that GH.

 

Yes they've sent us both a claim form.

 

Back to my investigations later!

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Thanks for that GH.

 

Yes they've sent us both a claim form.

 

just checking - you have both sent the Acknowledgement haven't you.

 

I would also both submit CPR letters etc etc - you don't want one to go ahead whilst the other stalls.

 

Double costs back from the other side too :)

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Yes, we/ve sent both Acknowledgements but only made one CPR request. I will sent another one to them tomorrow from my OH.

 

Oh yes ...I like this one more and more:razz:

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My thinking is that you don't want one 'falling through the net' and the other being 'properly investigated'.

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  • 2 weeks later...

OK Latest update. I've received a letter thanking me for mine (which was the CPR31.14 request. Apart from that all is says is that they confirm the date that I have to file my Defence with the Court.

 

None of the documents I requested were enclosed. So as far as I see it they have failed to comply with my CPR31.14 request.

 

I am planning to write to them reminding them of their obligations. Do you think this is the right thing to do.:confused:

 

Also, I've been reading about invalid DNs etc and it appears to me that they have unlawfully rescinded the agreement. Do you think I should be writing to them to accept this unlawful recission now, or should I wait and put this in my defence etc?:confused:

 

Urgent help/advice appreciated

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Nothing wrong with prodding them.

After all you are the side acting fairly aren't you :)

In the prod letter you can always acknowledge that you understand that the account has been terminated however you still need the info in order to fairly assess their claim. I would also remind them that you have asked for an extension to your defence filing date which they have conviniently ignored. Warn them that if they do not answer your request you will apply to the court for an order for them to comply and/or an order requesting their claim is struck out.

 

When was the date of issue of the N1s? you have 33days from date of issue to get the defence in, unless you get the extension agreement.

Your application realistically needs to get in a good few days I suppose before the defence due date

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Thanks GH.

 

I've sent them a reminder letter telling of their failures and giving them another 7 days to reply or else and used the phrases you suggested re terminated account etc.

 

I've calculated the date the defence needs to be in by adding 33 days from the date of issue of the NI so still have a couple of weeks or so to go.

 

I think my options are:

 

  • To submit an embarrassed defence if they don't comply with the CPR31 request before I need to file, and/or
  • Apply for a strike out on the grounds of inaccurate POC and invalid DN, but I think I would have to pay for this, or
  • File a full defence including the unlawful rescission, inaccurate POC etc whether or not they send me the CPR stuff (thinking the Judge might strike out the claim without me having to pay??)

I also checked with the Court and they've received our Acks of Service.

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another option is to make an application for them to re-plead their claim and sibmit the docs.

yes you have to pay £75 which you would get back + other costs from the other side

You may qualify for no fees google ex160a and see if you do.

 

IMHO I would not do your option 3 especially bearing in mind there are 2 claims for the same thing.

 

You could always apply for a strike out on one of them and either an embarrassed defence or a application as above for the other

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Thanks again GH.

 

I'm unsure whether this is actually 2 separate claims. Looking at the N1s they both have the same claim number on them with the Defendant(s) on both being shown as me and my husband (shown as Mr & Mrs XYZ). At the bottom of each form there is another box for Defendant(s) name & address, one copy has my name and the other has my OH. What do you reckon??

 

There are two sets of POC attached separately provided by the Claimant's solicitor. Neither bear a claim number although there is a space for one. One of the POC's has my name as the defendant and the other my husband. Other than this, the content of the two POCs is the same.

 

How do I make the application for them to replead their case and would the grounds just be related to their POC being incorrect?

 

Is this the same process as applying for a strike out (and same form) and are you saying I pay the £75 for this or just for making an application to strike out. I'm a little confused on this - could you clarify for me please? (My head is starting to spin as have been reading through various other threads for hours now!!!)

 

Have read the booklet about fees thank and I am eligible to pay.

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eligible to pay????? or eligible for a fee remission :)

 

So 1 claim and you are co-defendants

 

Same process, have a read over here http://www.consumeractiongroup.co.uk/forum/legal-issues/241785-i-am-scared-please.html there's another one at a similar stage

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Thanks GH. Most enlightening. I will look at this some more tomorrow.

My opinions are not expressed as an agent or representative of The Consumer Action Group. My advice is given freely but please remember to always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star below.

 

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  • 2 weeks later...

Lastest news is I have not had a reply to my letter reminding them to reply to my CPR31.14 request so they have now failed to reply twice and over 14 days has elapsed.

 

I now need to make a decision.:confused:

 

Enter an embarrassed defence OR

 

Apply for a strike out on the basis an unlawfully rescinded agreement as I paid the arrears due at that time before the remedy date of the DN.

 

They reckon I have until early next week to file my defence but I am working on Friday of this week.

 

Suggestions most welcome on which approach to take or of any other ways to deal with this.

My opinions are not expressed as an agent or representative of The Consumer Action Group. My advice is given freely but please remember to always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star below.

 

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