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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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      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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Sickness Query


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Hi Guys/Gals

I hope you can help.Been off work with work related stress for over a year.Even company doctors ( Occupational Health) agree I am ill- depressed etc.3 of their reports show job change caused problem Ran out of SSP, onto ESA - should state I am disabled. Current sick note expires June 1st. Just been informed have 3 options

Return to work within 4 weeks

Agree to redeployment ( they will help me find a new job in Group - if there are any ) & then return to work within 12 weeks

Attend meeting to dismiss me for being unable to fulfill my contract

Since their sickness benefit scheme is the only one saying I can work in some capacity they will not pay out.

They want a response within 1 week

Any suggestions?

Thank you

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Hello there and I'm sorry to hear about your problem.

 

I don't know as much about employment law as other people who are sure to turn up soon, but I will comment on the insurance aspect. Is that what the sickness benefit scheme is? And are you able to tell me who the insurance company is?

 

If I understand your post, you have been asked to go back to work within 4 weeks of 1st June? Or take a different job within 12 weeks of 1st June? I don't understand why there are different time scales, maybe I'm thick.

 

As I said, I wouldn't want to comment on redeployment or on not fulfilling the contract.

 

Assuming the sickness benefit is with an insurance company, are they saying that you are able to perform some kind of duty with the company, but not the job you were in before you became ill? Some policies say they will pay the difference in salary if you move to a less well-paid but more suitable job. Many of them want to do this, to reduce the amount they have to pay out.

 

I was also told I was fit for work by an insurance company, but showed them enough medical evidence [including from an OH consultant] to prove I couldn't go back to where I was. Work did offer me a different job, but the work was too heavy for a back problem I had and still have.

 

Please tell me more if you can. Have you seen the details of the scheme and how it works? If not, you should be given them by your employer.

 

Feel free to PM me if it helps, but I will try to keep comments on the forum.

 

Try not to worry too much, we will do our best to help.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi 'benjibutton',

 

What are your intentions? - or what do you want?

 

Do you want, or do you feel strong enough to return to work?

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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I can't go back - my doctor won't let me- Increased medication in the last few months & I am so close to cracking completely uder their pressure.

They are saying a lower stress job etc but itis still too much for me to face

Benjibutton

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Does your employer have all the medical evidence?

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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Hi benji. I got the message with the insurance company's name. They are well known in the industry for wanting to get people back into work.

 

Have they sent you to see someone to have your condition assessed?

 

And have you seen a psychiatrist or mental health professional?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi

Yes, 3 Occupational reports where their doctor agrees with mine + they have asked sickness insurance company to review andoverturn their decision twice

I have contacted Financial Ombudsman but their decision won't be known for 6 months

Cheers

Benjibutton

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Ask for copy of reports from company doctor.

 

They do not have a leg to stand on if they are going against the company doctor.

 

Medical Certificate actually reads advised not to attend work, not can not.

 

I think if you meet with them to see what the alternatives are & then talk over with your own doctor and the company doctor. If you don't they could say you did not want to be helped.

 

I remember from my last job, the company dismissing someone who was off with depression & the tribunal ruled the comapny had just made the depression worse.

 

Chin up not all is lost.

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Hi

Sorry for delay - visitors

I have copy reports from occupational health doctors which state unable to return to work at present time and my condition due to work systems.

HB noone sent to see me only their managers every 6 weeks -duty of care!!

When I mentioned the other day that if the insurance company didn't pay out I would take advice as their doctors have admitted liability, the attitude changed and now they are trying to pressure a decision from me- when I asked what if Financial Obudsman overturns insurance company decision albeit in 6 months their reaction was that will not alter situation

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They come to my home every 6 weeks , and phone every week. I told them ages ago my doctor says it's too much contact but they said it is their duty of care to staff policy- The first time last year I went into work, but suffered a panic attack so when I couldn't go in they said they must come out to see me

Benji

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Hi again Benji. Re the insurance company, are you saying you haven't actually seen someone they appointed to assess your state of health or mind?

 

I don't see how they can decide on your fitness for work just with paperwork.

 

Sorry to keep asking questions. HB

Illegitimi non carborundum

 

 

 

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If your doctor says it is too much contact ask him if he can do a letter stating that & ask him/her to send it to the company doctor not HR or line manager. Any OH doctor worth his salt will tell them to stop.

 

At the end of the day it may not stop them doing what they want, but you are building a defence to take them to tribunal.

 

Also have you asked ACAS for help?

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Hi HB

No problem

All they did was a one hour telephone call right at the beginning by a nurse, take my GPs notes out of context - she then reissued info to them when requested and decision against me has been appealed twice by my employers - they won't talk to me direct.

Was advised as no solicitor wants to know a case egarding mental health, to use Financial Ombudsman which I have dne, will take approx 6 months due to backlog

Benji

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Hello Benji. Do you know what steps your employers took to ask the insurance company to reconsider at all?

 

I believe that your GP or an Occupational Health doctor could write to the insurer's Chief Medical Officer [CMO] to ask how they reached their decision, or challenge it and ask for it to be reconsidered on medical grounds, by a suitably qualified independent medical practitioner. And in person, not over the phone. A stressed person is unlikely to give full answers to questions.

 

Have you seen the medical reports submitted to the insurer about you, or their nurse's notes of the phone call?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi HB, Flower2

I don't know steps taken by employer, only have occupational health reports(3) and insurance companys' decision letter stating that despite OH reports their decision remains unchanged.

Obviously I am not going to comply with their 4 wk/ 12 week requests and I won't respond upon start of dismissal process ,so I think Acas isanother optiopn from reading forum posts

Cheers

Benji

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Just another thought.

 

Ask for copies of the reports from each visit.

 

Do you see them on your own, if so stop always have a witness, you are entitled to have one, don't call them a witness though probably just a friend for support.

 

If you have contacted the FOS you should have a ref no. quote it to them, the FOS are not taking that much time to respond at the moment. I put a complaint into them in November & thay took the case up in January, with an offer at the end of Feb.

 

Not true a solicitor will still take your case on a no win no fee if you have a case, but why pay when your local CAB should help.

 

If you have been off work for over a year then your sick notes should be being sent to the benefits people and have the benefits people not had you to see their medical people. Usually once they agree you are disabled then they will write to you telling you no further sick notes are required however they do not write to your employee. Your employees can not then ask for them. However not too sure about the insurance company think they maybe can but do not know too much about insurance.

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Hi Flower2

Good thoughts will ask for copies of visit reports.

Wife always present.Have FOS ref number - girl there said case just allocated - complaint Dec - she said about 6 months.Sending sick notes to benefits + copy to employer, as they said they have to have it. Saw benefits doctor who recommended me to get DLA, so at least he must think I am ill-!.

Benji

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