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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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Ok folks may be a long one..

 

I had a little company from home then i lived with grandparents..I had a Royal mail credit account for postage...So anyway i had problems with grandparents whilst she was going through cancer and i moved to my mums..

 

No i told royal mail were i was goingh and so on.

 

Anyway a few weeks ago my grandmother rang and said a ballif has just been you have been taken to court for owing £600 pounds to royal mail and he has left a walking possesion order.. Please note he never got into the house..

 

So i though crickey first i have heard of this so i called royal mail explained what had gone on and sure enough i owed them about £600 so i said ok shall i pay you then lady said yes and we will deal with the ballifs for you and put a stop to it.. So i paid them and she addmiteed that my accoutn had not been updated with my new address and hence i knew nothing about it..

 

So couple of weeks go by and then they turn up at my mums house and give here a walking possesion order for the full amount even though i have paid royal mail.. Also they did not enter here either..

 

So then i thought well must bjust be a delay in teh systems of letting them know..

 

So about another week goes by and now he has been back to my grandparents even though i called the soliciotrs and told them my new address was my mums..He has really upset my grand mother saying he is back next week and will take her good and any goods he wishes as he has the power to do so.. She did not let him in though he had he foot on door step all the time..

 

But again the charge is still the same..

 

 

So i have called the balliff and said what the hell i have paid..well he said no proof here i have a high court writ to take the goods and next week i will and i don't care who;s they are...So i called spratt endicot and told them they are checking with royal mail but still say i will need to pay all charges for balliff..

 

But i never even knew they were taking me to court or i would of paid the dam thing before all this..

 

Now there charges from ballif are massive HCEO fees are £527 for dropping off a letter at my mums uinsure if thsi is going to grandmothers first or not inculded..

 

 

The company is Andrew Wilson & Co who are trying to collect..

 

He also says on his newest letter that he will gain entry and take my goods without me even been there IS THAT TRUE ??

 

 

 

So Folks what on earth do i do and fast ?

 

Thanks

 

Antony

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Also he has told my mother grandmother and sister who and what i owe this money for..Great eh witha big mouthed sister half teh woorld now knows...

 

Also i can not find this balliff registered anywere at all..He is named as J.Thoburn claims its Jonothan when asked..

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because its a HCEO he does not have to be certificated

 

your grandmother can get a statutory declaration done to protect her goods this can be done at a solicitors and costs about £5/10

 

i will leave the rest to ploddertom he should be able to help with this when he comes on

i will send a PM to him to look in on this thread

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Hey thanks for teh help.. Does that meen he will not be able to take anything from her home if he is shown this.. ?

 

My Uncle lives there still and he has stuff there would he need one too..

 

Thanks

 

Antony

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Hey thanks for teh help.. Does that meen he will not be able to take anything from her home if he is shown this.. ?

 

My Uncle lives there still and he has stuff there would he need one too..

 

Thanks

 

Antony

 

 

both might have to do one not a 100% sure about that

 

only goods belonging to the debtor can be removed so once you get the statutory declaration done there goods will be protected

you will have to send a copy of the stat dec to Andrew Wilson & Co by recorded delivery

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Then i would apply to the court to have a stay put in place as you obviously didnt have the opportunity to defend yourself at the original hearing.

 

I dont know what will happen then, but becuase you have paid the debt off i am pretty sure that the ccj should go away, and so should the bailiffs......

 

Dont hold me to this, am just thinking out loud about what little i know!

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Then i would apply to the court to have a stay put in place as you obviously didnt have the opportunity to defend yourself at the original hearing.

 

I dont know what will happen then, but becuase you have paid the debt off i am pretty sure that the ccj should go away, and so should the bailiffs......

 

Dont hold me to this, am just thinking out loud about what little i know!

 

 

Thanks but how do i apply to the court just call them ???

 

Issue is i don't even know what court it was...

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So i though crickey first i have heard of this so i called royal mail explained what had gone on and sure enough i owed them about £600 so i said ok shall i pay you then lady said yes and we will deal with the ballifs for you and put a stop to it.. So i paid them and she addmiteed that my accoutn had not been updated with my new address and hence i knew nothing about it..

 

Do you have a name of who you spoke to? Do you have any paperwork from RM that will back this up?

 

So i have called the balliff and said what the hell i have paid..well he said no proof here i have a high court writ to take the goods and next week i will and i don't care who;s they are...So i called spratt endicot and told them they are checking with royal mail but still say i will need to pay all charges for balliff..

 

See below

 

He also says on his newest letter that he will gain entry and take my goods without me even been there IS THAT TRUE ??

 

See below

 

Antony

 

If you have an answer to the 2 questions above will be a good start.

 

Whar has happened is quite easy to work out however trying to sort it will possibly take a bit longer.

 

You had an account with RM and for whatever reason it fell into arrears. They took you to Court and got a CCJ probably Judgment by Default. With no payment still not coming they have transferred it through the High Court and you have now been attended by a High Court Enforcement Officer - HCEO. The fees they charge can be extortionate as they charge for each visit in the realms of £100's.

 

Having paid RM direct - and I assume they willingly took the payment - is that technically you have now discharged your debt. However you have a solicitor saying you still need to pay the charges. I would politely point him in the direction of his Client as they accepted payment and therefore it is them you should have to pay the associated charges - this is why the answer to the 2 questions are important. RM unfortunately are an archaic dinosaur and the left hand never knows what the right hand does - so don't expect too much help as I suspect they will now clam up.

 

There are a few things that you will need to do as enforcement will not stop whilst everyone investigates. HCEO's in the main are reasonably fair and I'm surprised at the attitude shown at your grandmother's as he knows full well he cannot break in to a residential property unless he has gained peaceful entry previously - the same applies to your mum's house. However if either property has detached buildings then he is entitled to break into those if he believes there are goods inside to satisfy the debt in whole or in part. To cover themselves both your mum & grandmother should fill in a Statutory Declaration for all goods on their respective premises - cost approx £10 each at a Solicitor.

 

For yourself you should go to HMCS website and look for Form N244, this is an application to Set Aside a Judgment - cost £75. As you never received the original paperwork it follows you never had the opportunity to mount a Defence/Counterclaim/ Payment plan, this means you have an entitlement to Set Aside the CCJ. You must also state in this application you have discharged the debt as soon as it came to your attention to the Claimant direct.

 

More importantly you also apply on the same form for a Stay of Execution pending a Set Aside Hearing against the Writ of Fi Fa the HCEO has. This halts any further action or charges. This is more important to do than applying for Set Aside.

 

Why do you need to apply for Set Aside when you have paid the debt off. This is because that against you or the company name will be registered a CCJ which I suspect is more than 1 month old. Even if paid now that still sits on your Credit History for the next 6 years. If you win Set Aside then this will be removed and as you have already paid then there is no record of any bad credit history - it can take up to 6 weeks after the Set ASide for this to happen.

 

I would suggest you fill this form in tonight - it has to be returned to the Court where the CCJ was awarded and take or post it first thing tomorrow. I would also email and follow up with a letter to the HCEO company what you have done - most will cease enforcement if you can prove the form has gone to the Court. If they should come calling then I would suggest you ask him to ring the Court for confirmation or if you have the paperwork back from the Court show it to him.

 

If you do win your Set Aside it is in your own interests to forward a Copy to the HCEO - do not trust the Claimant to do this. This should then mean any and all charges being dropped/returned.

 

No doubt I've missed bits so please go ahead and ask.

 

PT

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Thanks but how do i apply to the court just call them ???

 

Issue is i don't even know what court it was...

 

The solicitor should be able to tell you - hint don't tell them what you are planning although they will probably guess.

 

PT

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Thanks for your great answer...

 

I have spoken to Mum and Granparents and both are contacting solicitor in the morning..

 

I will do the above forms tonight.. Do i have to send the £75 with the form ? (A lot of money at present)

 

Royal mail were just delighted to take payment and even reopened my account for use again not that i will be in a hurry..

 

I was sent pillar to post so for as to who i spoke to i have no clue.. I do have proof on bank statment of the payment and i made sure it was full payment to clear all balance..

 

This bit lost me ?

 

Why do you need to apply for years. If you win set asidelink3.gif then this will be removed and as you have already paid then there is no record of any bad credit history - it can take up to 6 weeks after the set asidelink3.gif for this to happen

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Hey on the letter i have here it says Oxford district registry sent from Oxford county court.. Is that were i sent this form ??

 

Also on the form.. It says claim number is this the writ number ??

 

Also The claimant and defendant bit Am i now the claimant and teh solictor defendant or other way round...

 

Sorry forms and me do not mix..

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Thanks for your great answer...

 

I have spoken to Mum and Granparents and both are contacting solicitor in the morning.

 

See below

 

I will do the above forms tonight.. Do i have to send the £75 with the form ? (A lot of money at present)

 

Unfortunately yes, have a look at Form EX160 you may be due for Fee Remission

 

Royal mail were just delighted to take payment and even reopened my account for use again not that i will be in a hurry..

 

I was sent pillar to post so for as to who i spoke to i have no clue.. I do have proof on bank statment of the payment and i made sure it was full payment to clear all balance..

 

This bit lost me ?

 

Why do you need to apply for years. Should read - Why do you need to apply for Set Aside - got dyslexic fingers.

 

If you win set asidelink3.gif then this will be removed and as you have already paid then there is no record of any bad credit history - it can take up to 6 weeks after the set asidelink3.gif for this to happen

 

Simple Statutory Declaration if needed.

 

PT

Statutory Declaration.doc

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Hey on the letter i have here it says ccc district registry sent from county courtlink3.gif.. Is that were i sent this form ??

 

Also on the form.. It says claim number is this the writ number ??

 

Also The claimant and defendant bit Am i now the claimant and teh solictor defendant or other way round...

 

Sorry forms and me do not mix..

 

Any idea on these bits ?

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Hey on the letter i have here it says XXXX district registry sent from XXXX county courtlink3.gif.. Is that were i sent this form ??

 

Yes

 

Also on the form.. It says claim number is this the writ number ??

You need the CCJ number - may be towards the bottom on LH side? I'm assuming you only have High Court Writ in front of you.

 

Also The claimant and defendant bit Am i now the claimant and teh solictor defendant or other way round...

 

You are still the Defendant

 

Sorry forms and me do not mix..

 

Any idea on these bits ?

 

May be better to take name of Court & District Registry out as the enemy also read these posts.

 

PT

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Hey Plodder,

 

Are you able to tell me what i write in the What order are you asking for and why bit..Not a clue what i need to write..

 

Also Do i have to attend or write in the evidence box what happened and say i won't attend ?? the hearing bit also confuses me as it talks about with or without hearing..

 

Also do i pay you for this info if so do you take paypal..

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Hey Plodder,

 

 

Also do i pay you for this info if so do you take paypal..

 

:D Really made my day.

 

No payments this site is all for everyone helping those less fortunate, you could however make a donation to the Site.

 

PT

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I would Genuinely greatfull if you would let me pay you atleast enough for a bottle of wine.. But if you wish i will donate to the site..

 

Are you able to help with the above ??

 

Also these.. Level Judge.. Fixed date trial..Who should be served..

 

Or easier is there a way i can show you what i have written so you can check it over for me ??

 

Thanks

 

So so much

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Help with N244 - hopefully in order

 

Name of Court: County Court name

Claim No: CCJ Number

Warrant Number: Blank

Claimants name: Other party

Defendants Name: Yourself

Date: When you complete form

Q1: Your name

Q2: Defendant

Q3: Set Aside CCJ Number & Stay of Execution on Writ of Fi Fa Number

Q4: No

Q5: At a hearing

Q6: Blank

Q7: Blank

Q8: District Judge

Q9: Claimant

Q10: You can probably get yours in "the evidence set out in the box below"

In here you say why you are applying for Set Aside - you never got the original docs so never had a chance to defend yourself, make a counterclaim or offer a payment plan. Also state the debt has now been discharged in full on XXX date. You are also apply for a Stay of Execution pending the Set Aside. If you think it will take more space than the box allows then do it on a separate sheet of paper and tick statement of case instead.

Statement of Truth - must be signed & dated.

Full name - print your name here

Q11: need to sign & date again don't forget to put your current address in box - do make sure it isn't the address on the Writ.

Send with payment to Court or if you can go in person.

 

PT

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Is the claimant Royal Mail or the solicitors who took me there..

 

Just worried if i put Royal Mail they will write to royal mail by which time Solicitors will be still gunnign for me..

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