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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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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bogus parking charges Excel - Moor Centre car park Brierley Hill


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I’ve exchanged letters with them so they know I’m the keeper, and they know I’m not the type of person to simply ignore correspondence.

 

Do you think there is an option make a "without prejudice save as to costs" style offer of say 50p+£10 admin without admitting liability considering I’m:

 

1, unable to ID the driver

2, due to the time that has now elapsed from the date of the incident, it is unreasonable to have expected any alleged driver to have retained the ticket. Therefore I’m unable to verify or defend their allegation

 

Do you think they would go all the way to court based on this approach?

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as every will tell you IGNORE THEM

 

the more you contact them , they more they think they have got you worried and they will keep sending their stupid letter

 

COURT ? you got more chance of winning the lottery ( by the way what numbers you doing tonight :D )

..

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Still in a dilemma on this one, reviewing my options:

A - Pay the invoice £60: Forget all about it, or will they send another speculative invoice just to spite me?

B - Do nothing: probably the best route from day 1, but I’ve already engaged with them they know I’m the keeper and they have produced some kind of evidence which could be used in court?

There evidence is images of my vehicle, I accept this and the times, but it doesn’t prove the driver. The other evidence is a spread sheet of times, payments and vehicle registrations. Looks convincing, but could be easily be fabricated, I always put £1 in this car park, never 50p. Personally I would like to see a duplicate ticket.

C - Request further evidence: such as duplicate ticket?

D - Make them a reasonable Offer: Make a without prejudice offer to save costs of say 50p+£10 admin without admitting liability on the basis:

1, unable to ID the driver

2, due to the time that has now elapsed from the date of the incident, it is unreasonable to have expected any alleged driver to have retained the ticket. Therefore I’m unable to verify or defend their allegation

This letter would be the final one to close of the matter, and in the event it went to court I’ve made a reasonable offer.

Where should I go?

 

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A - Pay the invoice £60: Forget all about it, or will they send another speculative invoice just to spite me?

 

Not unknown for people who pay to be pestered afterwards in the hope of wringing more cash. Plus you'll probably go on their mugs board in their office!

 

 

B - Do nothing: probably the best route from day 1, but I’ve already engaged with them they know I’m the keeper and they have produced some kind of evidence which could be used in court?

 

Still is the best option. So what if you're the keeper? How on earth does that entitle them to £60?

 

There evidence is images of my vehicle, I accept this and the times, but it doesn’t prove the driver. The other evidence is a spread sheet of times, payments and vehicle registrations. Looks convincing, but could be easily be fabricated, I always put £1 in this car park, never 50p. Personally I would like to see a duplicate ticket.

 

So what? The £60 is legally unenforceable. You're losing sight of this and getting sucked into the [problem].

 

C - Request further evidence: such as duplicate ticket?

 

How would 'further evidence' suddenly entitle them to sixty quid?

 

D - Make them a reasonable Offer: Make a without prejudice offer to save costs of say 50p+£10 admin without admitting liability on the basis:

 

Since you owe them zilch, you've immediately just thrown £15 away. And you think that would stop them sending you more junkmail?

 

1, unable to ID the driver

2, due to the time that has now elapsed from the date of the incident, it is unreasonable to have expected any alleged driver to have retained the ticket. Therefore I’m unable to verify or defend their allegation

 

Again, even if you happily declared you parked for an extra hour it doesn't magically mean you owe them £60.

 

This letter would be the final one to close of the matter, and in the event it went to court I’ve made a reasonable offer.

 

Never engage with [problematic].

 

Where should I go?

 

Ignore them.

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they have and lost a few times and hammered by the JUDGES

 

google them

 

Was it once or twice?

 

Never ever seen a paid 'overstay' case in court. Only ever seen one disabled badge cases and the rest have all been parking with no permit or parking on free land every day. Overstay cases are avoided by these companies because the list of charges spells out their actual losses and immediately tells the judge they're only entitled to a quid or two.

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Never ever seen a paid 'overstay' case in court. Only ever seen one disabled badge cases and the rest have all been parking with no permit or parking on free land every day. Overstay cases are avoided by these companies because the list of charges spells out their actual losses and immediately tells the judge they're only entitled to a quid or two.

 

That's really interesting. I've never come across that bit of information on here before. Or I've not appreciated the difference between overstaying and parking without 'permission'.

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B - Do nothing: probably the best route from day 1, but I’ve already engaged with them they know I’m the keeper and they have produced some kind of evidence which could be used in court?

 

I would like to see the evidence for the amount charged. As this is supposed to be freach of contract they are only entitled to damages and those damages do not add up to anything like that, the claimed 50p shortage is all they are entitled to.

 

These companies only go to court if they think they will be undefended and can get a judgement by default. If you have a case, let them take you to court, they wont turn up if they think it is going to be defended because their claim is false.

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That's really interesting. I've never come across that bit of information on here before. Or I've not appreciated the difference between overstaying and parking without 'permission'.

 

Neither is enforceable, but if you pay a pound for an hour and stay an extra half an hour, in theory you owe 50p.

 

Cases like that are more difficult for parking companies because it's obvious they're only owed 50p from the start.

 

No permit cases are the norm, but the parking companies still lose them 99% of the time because the law is quite clear on the issue of contractual penalties.

 

The only way parking companies can win is if someone uses space on somebody's land every day, causing provable loss to the landowner.

 

The blue badge case was an odd one. The parking company lost, but they usually steer clear in case a disabled person turns up in court on the day. Bad P.R. for them.

 

I would like to see the evidence for the amount charged. As this is supposed to be freach of contract they are only entitled to damages and those damages do not add up to anything like that, the claimed 50p shortage is all they are entitled to.

 

These companies only go to court if they think they will be undefended and can get a judgement by default. If you have a case, let them take you to court, they wont turn up if they think it is going to be defended because their claim is false.

 

If I owe 50p, I'd rather wait until I receive an invoice for the correct amount! Strange how these companies never send them though...

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Neither is enforceable, but if you pay a pound for an hour and stay an extra half an hour, in theory you owe 50p.

 

Cases like that are more difficult for parking companies because it's obvious they're only owed 50p from the start.

 

No permit cases are the norm, but the parking companies still lose them 99% of the time because the law is quite clear on the issue of contractual penalties.

 

I know none of these are enforcable from the excellent information on here and I had come across the 50p argument too. I guess the penny hadn't dropped regarding the two 'types' of circumstance. I'm not making myself very clear but I guess what I'm saying is that there is even less chance of Excel having a pop at me. I know you guys always say not to worry but we do you know :D

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  • 2 months later...
  • 2 months later...

I agree. The best thing is to ignore. My family have experienced several encounters with these people in their various guises. One family member made the fatal mistake of paying up. Predictably she received another "fine" for a new offence within weeks. My mother is currently on her final, final, final, final warning of Court action. Strangely enough, the amount has gone down by £60 since her final, final, final warning. Is she worried? To be honest, yes but after every letter she gets all the reassurance she needs. I would relish our day in Court but it won't come to that because its a [problem], ignore it. Put another way, if you received a letter asking for your bank details as you'd won £5,000, would you even bother to send a reply to say "no"? Treat it with the contempt it deserves.

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