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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      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.
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Served With Statutory demand - help please


RwArms78
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Hi All,

 

I am looking for some help.

 

In Apr 1998 I defaulted on a Hailifax Current Account owing approx £2000. I believe I may have got a CCJ for this, I cant recall if the CCJ was for the account or a personal loan. I moved house many times and lost touch with the creditor

 

Approx 6 Months ago I registered on Creditexpert.co.uk in order to view my credit file.

 

Shortly after I started recieving letters from Capquest about this debt.

 

I have a mortgage with my wife for a new build house, its an interest only mortgage. Me & My wife were both redundant from Barclays in september

 

Today as my parents were coming into our house a gentleman asked for me and tried to hand me a letter, I refused this letter and did not tell him my name. I closed the door and he drove away leaving the letter on my doorstep ( even though door was closed )

 

this letter is a Statutory Demand under section 268(1) of the insolvency act 1986.

 

The letter gives the amount in excess of £3000 including interest accrued, it says the debt is unsecured. the demand was dated 24th December.

 

The debt was assigned to capquest Apr 2006

 

I really dont understand the rest of this letter, It does not give you anything in plain english so i would ask for some help.

 

can anyone tell me what i should do ? what is the consequences of this letter ? was he right to leave it outside on my doorstep ?

 

any help would be greatly appreciated

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When did you last make a payment or make a written acknowledgement on this account?

 

Cheers.

UF

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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It may be helpful to some of the experts on here if you could scan and post up the letter so they can read it fully, remembering to remove all identifying information.

What did the CF check show up as regards defaults.

Also DCA's leaving personal identifying documents on your doorstep is definately unaceptable and a breach of the Data Protection Act

Edited by boswell
typo--again

If I have been helpful please tickle my scales or better still contribute to CAG.

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credit file showed the default in 1998. i will try to find a friend with a scanner but it may take me a while.

 

It would also be important to know if the default was for your Loan or Current Account.

If I have been helpful please tickle my scales or better still contribute to CAG.

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OK. If you last made a payment in 2003 then this debt would be statute barred by the Limitation Act 1980.

 

If this is the case then you can apply to the County Court to have this statutory demand set aside. I have done this in the past.

 

I'll dig out the paperwork and post it up for you so that if this is the case then you can inform the organisation that served this stat demand on you that you have applied to the court to have this set aside. Then put them to strict proof that the statutory demand is not statute barred.

 

Unless of course they did have a CCJ, in which case they would have to explain to the court why they have taken so long to act upon it. It really is important when you last made a payment and whether they have obtained a CCJ or not.

 

I've only done this once in the past, but other members who are more versed in this will be along shortly.

 

Cheers.

UF

Edited by UnitedFront

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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This is the thread where we applied to have a statutory demand set aside:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162489-statutory-demand-stature-barred.html

 

All of the forms you need were posted by 42man with all information.

 

But wait because more experienced members will surely be along soon.

Edited by UnitedFront

I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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OK. If you last made a payment in 2003 then this debt would be statute barred by the Limitation Act 1980.

 

Thats exactly what i was working towards, seeing there was a Default in 98 and no contact since 2003

If I have been helpful please tickle my scales or better still contribute to CAG.

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thanks

 

i have downloaded the forms.

 

should i write to them first and ask for a copy of the original agreement ??

 

or do i just complete the forms and state i believe the debt to be statute barred ?

 

with the affidavit, do i need to attend a solicitors to complete that ?

 

just out of curiosity , did he serve the document correctly by leaving on my doorstep outside my door ?

 

thanks again

 

Rob

Edited by RwArms78
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What was your credit report like when you viewed it.

If there was a recent CCJ, it would show. If they got one more than 6 years ago, it will have dropped off by now and as has been said, they would have some explaining to do as to why it was not enforced sooner.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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Capquest are well known for sending out stat demands especially so for statute barred debts....you will find plenty of threads here - DCA Legal Successes - The Consumer Forums Capquest are hoping that you will be frightened into paying, using the Insolvency Service as a tool for debt collection is frowned upon...what makes it worse is that Capquest know full well the debt is probably statute barred.....it is appalling behaviour on their part and the OFT are gathering quite a large file on this company at the moment. I URGE YOU TO TELL THE OFT !!.. You must get this set aside within 18 days of the date it was served upon you....use forms 6.4 (set aside) and 6.5 (affadavit)....check the demand first....does it state your nearest court ? if it does just check here to find out if your local court handles bankruptcies / insolvencies - Her Majesty's Courts Service - Court Information and Addresses Also check it has the name of a person you can speak to DIRECTLY on it as well as a number....

 

A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986.

 

This means that if the statutory demand doesn't give the name of a person you can speak to then it is not valid. If you try to contact the named person and they won’t put you through then it is also invalid. I suggest you try the number 3 times, ask for the contact name (Barry is it ?) if they won't put you through then you can write this on the affadavit, if they do put you through (highly unlikely) then just state you will be applying to set the case aside and claim your full costs back in court....

 

This thread gives you some information on how to fill out the 6.4 - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162489-statutory-demand-stature-barred-2.html#post1749288

 

Once you have filled out the stat demand, then what you will need to do is take it to the local court (let us know if it is the correct court - as I mentioned above you have to check if they handle bankruptcies as not all county courts do and mistakes have been made where the solicitor puts the wrong court on the demand and it is an abuse of process....

 

Once at the court, you take the original demand with you along with your 6.4 and 6.5 and ask the court to swear them in along with any other documentation, CCA request perhaps ? It might also be worth sending this letter recorded too - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

Once you have submitted all the paperwork to the court (take copies) then you should wait for a date to see the judge who in all probability and with all the cases I have seen on here throw it out...Capquest are not likely to turn up...and you claim your costs against them,...

 

If you need help shout...

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If they had a CCJ, they wouldn't need to issue an SD - they would simply go for enforcement. You need the 'prove it' letter first, and ask for copies of any notice of assignment etc (if not yet received). Send these to Capquest - it will let them know you mean business. If it was a loan, then a CCA request would be in order. There's no CCA for a current account.

 

In the meantime, you must apply for a set aside.

 

It may be worth sending a subject access request to the original creditor - this will show when you last acknowledged the account, hopefully, but could take 40 days. Do you have any of your own records which would show this?

 

As mentioned, it's dangerous to claim SB if you are unsure of the timings, as it might otherwise count as an acknowledgment of the alleged debt.

 

What did the letters from Capquest say? Any notice of assignment?

 

I'm alarmed that the SD is dated 24 December - technically you're already out of time, but the service date can certainly be challenged. At least you have witnesses to the actual date of service.

 

If they go for the SD based on that date, it will cause you short-term trouble but can be fairly easily overcome - and would add to any complaint. You should also win costs!

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Unfortunately Donkey, getting a CCJ first followed by a stat demand is actually the correct way to go about it !! I have seen high court law where they throw out a stat demand BECAUSE it hasn't been secured previously (although it usually applies to companies as opposed to personal debts)

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Unfortunately Donkey, getting a CCJ first followed by a stat demand is actually the correct way to go about it !! I have seen high court law where they throw out a stat demand BECAUSE it hasn't been secured previously (although it usually applies to companies as opposed to personal debts)

 

Blimey! I never knew that! Thanks for the lesson!

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ok forms were lodged today, i also found out that the county court had moved 5 years ago and the address on the demand was the crown court. i went along to the correct court and lodged the documents, i also added to the affidavit stating i would ask the court to consider abuse of process

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