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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.
      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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Link Financial -ford credit return of goods order - lost


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Hi there,

Rang courts on friday, they have not yet sent any orders out, have a few hundred to do and are behind a little !!

Will post the DN's on later, also where can I print the case law's off from ?

Should I take the bundles with me on the next hearing ?

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Anyone help ??

On the Agreement it states Landrover Financial Services limited is a trading name of FCE Bank Plc ... Now on companies house I can find FCE but cannot find LRFS.. My question is with it trading under someone does it not have to be listed as a seperate company... and why do businesses trade under another name if they belong to the one.

Bit confused with this one...

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it depends on the costs incurred by the Claimant in respect of defending this claim

 

£7k to £15k is possible costs you could face depending on the amount of work the Claimant has to do.It turns on what they have to do in respect of the case really, so i do not know

 

 

 

Regards

 

PT

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If you own a company and do some work for someone under that name are you allowed to transfer all of the payment into a seperate company trading under the same name and pay no tax? Course you can't, inland revenue will execute you very quickly.

 

In the same way LRFS should surely have their own books, assets, tax liability irrespective of it being a 'trading name', it is I believe a legitimate entity in its own right and must have appropriate documentation especially where a supposed assignment of an asset is concerned.

 

I believe this should be explored in order to ascertain the nature of the assignment from LRFS to Ford Credit and then from Ford Credit to Sink Financial. Anyone else have any thoughts on this as only one letter of assignment has been produced and this is the first time Olympic has seen it, wasn't sent recorded as case law surrounding assignments supports.

 

Your mailbox is also full ;)

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You should find the cases I listed easily available with a simple search on google, none of them are particularly hard to get or well hidden. As for what to print I would print it all if the case is small, but where it's huge there's no point printing 120 A4 sheets just to refer to a couple of pages.

 

I'd print off what you need and perhaps take each actual file with you on a memory stick so that if the judge is particularly hung up on something they can look through it all withiut the need for reference to the court library or online access. Don't believe there is anything wrong with this approach unless others know different?

 

Referring to the costs issue yes, given the track allocated you and the other side are exposed to greater risk of costs - however this isn't reason to just fold when a claim is presented. Unless you do not believe you have a legitimate defence it is quite right to present your arguments and you must remember the claimant still hasn't actually provided you with proof that they have any right to have even brought the claim!

 

To date you have had to fund an application for them to provide you with proof that the debt assignment has been correctly followed, that is not wasting court time or the time of the claimant, as such the court would be particularly harsh to award costs against you for merely establishing the claimant has the right to have proceeded - that remember is your right.

 

Sure, if you were bringing up ridiculous arguments and had no actual reason to question any of the claim then the court would be justified in punishing you for wasting the effort and time of the court and the claimant but you are not wasting their time, merely establishing their right to bring the claim. If they do provide the correct documentation then you would be wise to review your overall position in the interests of your wellbeing and decide whether to pursue the other defence issues you have such as being mislead regarding voluntary termination etc.

 

The court is behind with the orders as you have discovered so there is no reason not to suspect that the claimant should have (or will be) ordered to provide you with what we asked for via the application and to then act on the draft proposals if they fail to comply. Stay on top of the court side of things and make sure that the assignment documentation is forthcoming, if it is not produced then all being well you can ask the court to enforce your proposals.

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Thanks Emandcole,

Link have replied but again with only one copy DOA and the copy letter "sale of debt", no full statement just an outstanding balance, and cannot see a Termination Notice (unless incorparted in the DN), surely the TN should be coming from LR.? So although they have replied (and presumably sent the same to the courts) they have not included everything we requested ??

Are we still in with a fight ?

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Thanks Emandcole

Link have replied to my defence, so presumably sent a copy to the courts also. However still only one copy DOA (list of names), no Termination Notice, although they are saying it is the same as the "Sale of debt" letter, but it does not mention termination in it... surely that should have come from LR ??

Also a DOA should clearly state what it is referring too..... not a list of names with only an amount ...

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Thanks Emandcole

Link have replied to my defence, so presumably sent a copy to the courts also. However still only one copy DOA (list of names), no Termination Notice, although they are saying it is the same as the "Sale of debt" letter, but it does not mention termination in it... surely that should have come from LR ??

Also a DOA should clearly state what it is referring too..... not a list of names with only an amount ...

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Thanks Emandcole

Link have replied to my defence, so presumably sent a copy to the courts also. However still only one copy DOA (list of names), no Termination Notice, although they are saying it is the same as the "Sale of debt" letter, but it does not mention termination in it... surely that should have come from LR ??

Also replied to my defence last year, not my application defence ??

Also a DOA should clearly state what it is referring too..... not a list of names with only an amount ...

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  • 1 month later...
  • 2 weeks later...

The Protection from Harassment act 1997 states that an activity that "any reasonably minded person" would consider to be harassment is a criminal act. I believe that MBNA, through Link, have recently been slapped very firmly for their harassing collection methods which included 5 - 10 telephone calls per day. That reasonably minded person was no less than a Judge.

 

All you have to do is let the agency concerned know in writing ( or via a recorded telephone conversation ) that you consider their actions to be harassment.

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Hi Olympic - Ive been reading through your thread for the last god knows how many hours. Ive been soooooo interested in everything that has happened along the way. I am new on this forum and I too have just very recently had the notorious Letter from Link saying that they have been assigned the debt we previously had with Volvo (previously Mazda) finance. And by some uncanny coincidence, had the exact same letter you recd from Landrover (we recd from Volvo) stating they had assigned our account to FCE who had reassigned to Link.

 

I too had a man on the phone from link who blatantly refused an offer of installments and asked me to go an apply for some finance to pay them off. SHOCKING!!!!! Tbis lovely man has stated he will give me until the end of next week to prove that I have tried everything to raise the money before they proceed with action against me - so kind. However today I have 7 missed calls on my phone that I know are from them (unknown number). I have decided that next time I speak to him, I will ask for his instruction in writing i.e to go and try and get the money via loans etc and his refusal of installments.

 

Sorry for the long post, I just wanted to let you know I am proceeding down the same path as you have been (and still are travelling) and like you, am daunted by the whole thing although with every ounce of my body will fight this pond life. I may need to start my own thread and Im sure the moderators will advise me on this. Initially though I thought I would post on here due to the similarity in our plights.

 

Just want to say, what a wonderful site and some brilliant advice and support from what i have seen so far.

 

Madge if they telephone then simply refuse to answer their security questions and state all correspondence to be in writing.

 

(I've flagged this post for admin and asked them to create a new thread for you where you'll receive help specific to your circumstances)

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Madge 67 has now been relocated to their own thread..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306961-.-Re-Link-Financial-ANOTHER-NEWBIE-NEEDING-HELP

 

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  • 3 weeks later...

Well quick update on our Link case, been too court and LOST ....... cannot believe that the judge ordered the return of the car to Link, who have still never gave all the correct documents in, that have been requested for several times...

Link have still only ever provided one NOA and DOA, and at court the judge stated that they do not have to show me the DOA ..... any thoughts anyone ..?????

Also just thinking does a NOA not have to show what the the assignment is for ???? i.e., money, car, etc

We are now considering whether to appeal the judges decision on the grounds that requested documents have still not been shown and yet the judge has allowed Link to be evasive over these documents.

Any comments would be helpful....

thanks

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Hi Olympic,

I'm really sorry to hear that you lost.

 

This is just a thought if you are going to give them the vehicle back get an independent valuation or 2 (in writing) prior to giving it to them. They are slimy enough to say it was only worth a fraction of it's worth, and then say there was a shortfall on the account.

 

Sorry again.

 

Pumpytums

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Hi Olympic.

 

Sorry to hear about the outcome.

 

Unfortunately Link do not have to provide the Deed of Assignment (DOA). Also 1 Notice of Assignment is sufficient although usually you get a goodbye form one company and a hello from another. Indeed sometimes both of these are in the same envelope.

 

ims

 

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