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


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Hi Web.

 

As Ell-enn isn't around at the moment I hope you don't mind me throwing in my 2p worth.

 

Forgive me for my bluntness here but I don't think I'm pointing out anything that your lender or the court won't see.

 

1. You can't afford to pay off any arrears.

 

2. You don't know when or if you will be able to afford full payments.

 

3. In the current economic climate, realistically, what are the chances of getting a job which will allow you to pay not only the payments, but the arrears ordered by the court, AND the arrears that are continuing to build?

 

4. When your fixed rate ends how much are your payments likely to be, bearing in mind that with this on your credit history you aren't going to get a good deal.

 

5. How will you pay off the mortgage as I see you aren't paying for any endowment?

 

6. By the time your fixed rate ends you will owe many more thousands. Should a responsible lender allow this to happen?

 

From a personal point of view, because you aren't paying anything off the capital it seems to me that you are paying a hell of a high rent to hang on to a property that you can't afford. Is it really worth the stress to do this? What is it about this house that is worth putting yourself and your family through this anguish?

 

IMHO your best bet would be to put your house on the market and ask the court for the opportunity to sell it yourself so that:-

 

a. You can realise the best price possible.

 

b. It gives you time to organise where you will live yourself.

 

This (rather long) thread has a lot of information and links which you may find helpful and may provide you with some food for thought.

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/142793-tilly-mortgage-express-repo.html#post1499490

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Web.

 

As Ell-enn isn't around at the moment I hope you don't mind me throwing in my 2p worth.

 

Forgive me for my bluntness here but I don't think I'm pointing out anything that your lender or the court won't see.

 

1. You can't afford to pay off any arrears.

 

2. You don't know when or if you will be able to afford full payments.

 

3. In the current economic climate, realistically, what are the chances of getting a job which will allow you to pay not only the payments, but the arrears ordered by the court, AND the arrears that are continuing to build?

 

4. When your fixed rate ends how much are your payments likely to be, bearing in mind that with this on your credit history you aren't going to get a good deal.

 

5. How will you pay off the mortgage as I see you aren't paying for any endowment?

 

6. By the time your fixed rate ends you will owe many more thousands. Should a responsible lender allow this to happen?

 

From a personal point of view, because you aren't paying anything off the capital it seems to me that you are paying a hell of a high rent to hang on to a property that you can't afford. Is it really worth the stress to do this? What is it about this house that is worth putting yourself and your family through this anguish?

 

IMHO your best bet would be to put your house on the market and ask the court for the opportunity to sell it yourself so that:-

 

a. You can realise the best price possible.

 

b. It gives you time to organise where you will live yourself.

 

This (rather long) thread has a lot of information and links which you may find helpful and may provide you with some food for thought.

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/142793-tilly-mortgage-express-repo.html#post1499490

 

Thanks for all your advice but my situation is short term. As soon as I get a job paying me same as I have been earning in the past I will be ok to pay normal monthly payments. I think thats why government introduced HMS scheme otherwise everyone struggling with mortgage payments should have been advised to sale off their houses to come out of the situation.

 

I don't want to loose my home. I still have 20 years on this mortgage and I will manage to do something to pay it off after 20 years.

 

Ell-en please help. I am waiting for your advice.

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The court can only consider your current ability to pay the monthly mortgage and something towards the arrears each month. If you don't have a job offer when you go to court you are going to have to rely on the HMS application to buy you time. If Shelter agree you meet the criteria then you need to get them to accompany you to the hearing and confirm this, or at the very least write you a statement confirming it.

 

As it is unlikely that the lender will apply for an eviction notice until after the 27th May (when they realise you haven't made the payment they expected), we have some time to get a statement together for the N244 application.

 

Get in touch with Shelter and see if they can provide confirmation of your eligibility for the HMS.

 

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Web2005,just as a matter intrest how much are you in arrears?

 

 

As my arrears continually grew while HMS application was in proces, total arrears on the mortgage accrding to BM is £24000. I know its very high!!! I am sure this includes charges as I have been paying at least something every month so it can't be so high.

 

..

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Thanks Ell enn,Iam with B.M and they do add on charge after charge when in arrears.Its only a thought but im just wondering whether B.M would agree to extending the term of the mortgage to bring down the monthly payments,also web2005 could go before the judge disputing the arrears which may buy time to reach an agreement with B.M if the case were to be ajourned.

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If there are statements to show arrears charges then that could certainly be used to show the arrears amount they are claiming is incorrect and hope that the judge will adjourn awaiting correct information.

 

However, we could use the following case law:

 

Royal Bank of Scotland –v- Elmes April 1998 Legal Action 11, Clerkenwell County Court

Issue – suspended possession order on payments less than current instalments

A district judge suspended a warrant for possession for three months on terms that the defendant pay £250 one month and thereafter £500 per month for two months, thereafter the case would further considered. The defendant had good prospect of obtaining employment within the period. The lender appealed in the basis the court had no power to suspend on terms of payment less than current instalments.

Assistant Recorder Thomas Q.C dismissed the appeal, and held that s.36 of the Administration of Justice Act 1970 enables the court to impose any terms about payment so long as the borrower would, within a reasonable period, be able to clear the arrears and pay the current instalments.

 

Worth a try....

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Brilliant, s.36 i hadn,t thought of that,would at least buy some time and yes your right it is worth a try. web2005 would need to find employment pretty quickly but a possible 3 month breathing space can sometimes be enough .Lets hope web2005 gets a sympathetic judge,but thats the way i would go.Thanks Ell en.

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It worked a couple of years ago for someone I was helping, they did have a lot of evidence of good job prospects so I think Web will need to get working on that to bolster the case law.

 

I use S.36 in all eviction defences, but the Elmes case law is an "added extra" in this particular case.

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Just a note to web2005 when you read this i would go with s.36 Ell en is spot on here because i know from past experience you are always taken more seriously by a judge and your defence is looked at more closely if you can back up your defence with case law.Its worth a shot and if i were you i would seriously consider this way forward,just might,and i mean might give you some space to get yourself back on track.

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Thanks Ell en and thanks again for that info of course im no expert in repo.s but like all others on this site,im just trying to give something back to consumer forum as it helped me so much,so any knowledge anyone may offer is much appreciated,thanks again.

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Your help and support is very much appreciated Newstarter, as is everyone's who contributes to the site. No matter how long we've been here, we are all learning every day :) which is great for us - but extremely bad news for aggressive creditors ;)

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Ell-en and Newstarter, thanks very much for all above suggestions but I am still not sure what the conclusion is? As Ell-enn usggested I need to go back to shelter UK and ask them for written statement for HMS eligibility. I will contact them again today to check if they can help.

 

Apart from this, how do I start the whole process? What I need is:

 

1) BM to approve me on HMS so that I can make lower payments till I find a better paying job. I must make clear that I am currently working full-time in permanent role but not earning as much as I was when I took out this mortgage. Looking at current economic conditions I can't say for sure if in 2/3 months time I will manage to find better job. Thats why I want to be on HMS initially for 1 year. I am not asking to make lowest payemtns under this scheme. I can afford £1700 per month and thats what I want BM to accept as payment offer for next few monts.

 

Newstarter, regarding charges on arrears, I am sure BM must have added charges to arrears as since July last year I didn't miss any payment. I have been paying regularly though not full monthly payment.

 

I have no idea how to fill N244 can you please help with this and statement for the grounds to make this application? Thanks.

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I can help you with the N244 and the statement, but it would be best to get the info from Shelter to go with it. We still have time before they realise you haven't made the payment they're expecting on the 27th.

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I have spoken to Shelters regarding how they can help me with HMS review application through court. They said they can only give me advise but not able to confirm this in writing or come to court for representation.

 

I find this little odd. I thought any advise they give on the phone can also be confirmed in writing by them. Do you think I should ask them again?

 

Ell-en, you think we still have time before next payment is due? Do you suggest to somehow make full payment this month. As I don't want to loose house, I will try to seek help from friends and family members for this month to pay full payment. I am worried that if I dont make full payment this month they will immediately apply for bailiffs appointment and may be then it will be too late for me to save my house. Thanks.

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Ell-en/Newstarter, I tried to get help from family and friends to pay this month's payment in full but no success. I am very much worried now as if no full payment made, BM will start proceedings.

 

So far all my conversation with BM has been on the phone. I made them reduced payment offer on phone and they advised the possible eviction on phone. Nothing in writing. You suggest I should send payment proposal in writing? May be this time they accept this. This will buy me time to srtart with N244 for HMS scheme?

 

Can you please help with payment proposal letter? I apprecite all your help. Thanks.

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Ell-en please please help me with N244. I just spoke to lender again but they are not willing to accept any proposals and advised I have to pay as much as I can on the due date and if its not full payment they will apply for bailiffs appointment but will consider any proposals then.

 

I know they will not accept my proposal. I spoke to shelter England again and they said I should fill N244. I am very much worried. Please help me with the satement and N244 form. I want to submit the form before the due payment date. PLEASE HELP. Looks like I have almost lost my home.

 

 

Anyone who reads this knows how to alert Ell-en, pls do so. I need urgent help. Thanks.

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Right,first things first calm down we can all help you here.Im sure Ell en will be along soon to help with the paperwork,if for some reason she is busy i will help you.First of all you cannot make the full payment to B.M on the 27 of this month so pay off as much as you can,its a shame you cannot make the full payment but we can get round this,so if you can find the 1700 then pay that on the 27th.

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What you need to do then is wait for B.Ms next move you cannot go to court and appeal action by B.M which has not started yet,however you can prepare.First see what they say after you have made this months payment it might not be too late to put a payment plan in place although knowing B.M as i do i wouldnt hold my breath.So we need to put together a defence in case of any eviction application by B.M.

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Right,first things first calm down we can all help you here.Im sure Ell en will be along soon to help with the paperwork,if for some reason she is busy i will help you.First of all you cannot make the full payment to B.M on the 27 of this month so pay off as much as you can,its a shame you cannot make the full payment but we can get round this,so if you can find the 1700 then pay that on the 27th.

 

Thanks. I will pay £1700 on 27th. My worry is BM told me that first thing in the morning of 28th their team will find out I haven't paid full and immedialtely they will apply for the bailiffs appointment. They are only holdin this account till then. I wish before then I can apply for N244.

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I remember ELL en bringing up s.36 of the administration for justice act 1970,this had slipped my mind at the time,in the case of B.O.S V Elmes in 98.You see s.36 allows a judge impose a payment plan in which the borrower can underpay as long as normal payments and arrears can be paid off in a reasonable period.If i were you i would use this case law as the central pillar of your n244 defence,along with your own circumstances.

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