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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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largo law bankruptcy petition statue barred **** WON ****


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hi

i have recieved a bankruptcy petition from largo law it says on it failure to comply to a statutory demand for a liquidated sum payable immediately

never had any stat demand the debt is well over 6 years since paid or herd from them phoned courts and their is a hearing date sent largo law statue barred letter weeks ago and asked all info but phoned them and the said never recieved letter have proof posting recorded delivery

just seems they wont give me any info its in court 3 weeks from nowlargo 2.jpg

 

largo.jpg

Buffy x

 

Buffy v Halifax WON all charges refunded

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can any body help do i have to put in defence see i have nothing from courts and nothing from largo so how am i suposed to make a defence

thanks buffy

Buffy x

 

Buffy v Halifax WON all charges refunded

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Right, back to basics.

 

a. The person you are dealing with is one I have had experience of through my business. Economical with the actualité and as slimy as a box of toads is my 'executive summary'. They do things like tell you on the phone they won't go ahead with a case, then do it anyway. . So record all calls or do things in writing. If you can record calls, and feel able to deal with it, you may indeed be able to trip them up...

 

b. You need to write back urgently and deny that an SD was issued. Put them to strict proof and demand details and proof of service (eg, address issued, method of service).

 

c. Copy this correspondence into the court mentioned. Call the court and ask if they have details of the SD and its issue date.

 

Hold fire on the SB bit for now. Do this and let us know what happens. Roughly how long to the hearing?

Edited by 42man
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I'm sorry I didn't see this earlier.....you need all the information from the court, there should be a file there with an affadavit of how the stat demand was served (if you have never seen one)....get all this paperwork, and ask the court to copy it all (they will charge you a small amount to copy it)....you must apply a set aside of the petition this you do using form 6.19, you will need to accompany it with an affadavit and a witness statement....also there should be a name of somebody on the petition that you can contact I suggest you call them and state that you will be fighting this....you need to move quickly as your paperwork needs to be in the court 5 working days before the hearing with copies going to the opposing solicitors....

 

Once you have got ALL the paperwork from the court file....please send me a PM...

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As you have never ever seen a statutory demand or have had one served on you then there must be an affadavit in the file stating that a process server had attempted personal service on you but had failed to do so, only when they had tried to effect personal service and failed will they grant allowance on substituted service (by post).....if there is no affadavit then this high court judgment will help you...you'd be surpirsed how many don't do this properly and it is likely to be an abuse of the process... -

 

Judge Boggis QC - RE AWAN - [2000] BPIR 241

Then r 6.15 says:

(1) Service of the petition should be proved by affidavit.

(2) The affidavit shall have exhibited to it -

(a) a sealed copy of the petition, and

(b) if substituted service has been ordered, a sealed copy of the order;

and it should be filed in court immediately after service.

'In my judgment, bankruptcy is one of the most serious forms of execution that can be brought against a debtor. In any bankruptcy proceedings it is, in my view, absolutely clear that the provisions as to service must be followed exactly. The rules provide in terms that the petition must be supported by an affidavit of service showing how the petition was served, and express reference is made to substituted service and the way in which that then is to be proved, which involves the affidavit of service having with it a sealed copy of the order.' - JUDGE BOGGIS QC - SITTING AS A JUDGE OF THE HIGH COURT

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Thanks everyone

about 2 weeks to go dont no wat to say as i said have no dates or any thing have emailed largo they wont give us any info the letter is court stamped still no papers from court tho just dont no how to go about writing to court and wat to say i know this debt is statue b it must b well over 9 years now since any payment or aknowlegement been made

thanks again for your help

buffy

Buffy x

 

Buffy v Halifax WON all charges refunded

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hi went to the court yesterday the court gave me a copy of the creditors bankruptcy petition on failure to comply with a statuory demand they would not give me a copy of the staturory demand and the affadavit i asked how the SD was served and the lady at the court said they had called at my house but got no answer so spoke to a man who lived next door who comfrimed post was received at my address then the SD was sent by 1st class post. i have got the 6.19 form to fill in but not sure what to put.

what i did notice was on the 6.7 form (the failure to comply one )it says please give the amount of debt, what they relate to and when they were incurred please show separately the amount or rate of any charge not previously notified to the debtor and the reasons you are claiming it.... they have just but the debtor is justly and truly indebted to us in the aggregate sum of £3,069.69 in respect of ............... and then nothing they have not filled it in.

on another letter from largo it says

petition debt £3069.6

court fee £190.00

service of bankruptcy petition£65.00

solicitors costs £1,755.00

total £4.824.69

also found out that patrick stone has left largo and letters are just signed largo law have tried to talk to someone at largo but they said they didnt have the paper work so could not help

thanks for looking at this Buffy x

Buffy x

 

Buffy v Halifax WON all charges refunded

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on the 6.9 form they have also have put their full name and address as direct line anderston house 389 arygle street but this is the address for allied international credit not direct line our they allowed to do that is that not false information

Buffy x

 

Buffy v Halifax WON all charges refunded

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As a litigant in person you are fully entitled to see the affadavit and the statutory demand......!!! the bankruptcy petition must also contain the name of a person you can talk to NOT a scrawled couple of initials....it is rule 6.2 - A statutory demand must show a named person or persons from the Creditor or their agent/solicitor whom you can contact directly. This is Rule 6.2 of The insolvency Rules 1986

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I will help you on this Buffy, but you must be prepared to stand up in court and fight your corner...and of course I can't guarantee anything, my personal feeling is you seem to have a good case. And don't forget it depends on the judge on the day......let me know the deadline to submit your papers....

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hi thanks for your help i am fine with going to court as long as i know what i am saying i will go back to the court in the morning and ask for copies the affadavit and the statutory demand the court date is 6th july so 2 weeks tomorrow and i will send off a s a r to largo in the morning buffy x

Buffy x

 

Buffy v Halifax WON all charges refunded

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