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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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    • 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.

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Blackhorse Car HP - Claim issued


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Hi guys

 

Just going through the Allocation process and just want to know what it means when it says; all parties shall give to all other parties standard disclosure by list to be served by (date)?

 

Thanks

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Hi guys

 

Just going through the Allocation process and just want to know what it means when it says; all parties shall give to all other parties standard disclosure by list to be served by (date)?

 

Thanks

 

Have a read of.....

 

http://www.justice.gov.uk/civil/procrules_fin/pdf/parts/part31.pdf

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Thanks thats helpful

 

So basically they are requesting the documents i intend to rely on be disclosed by the said date by way of listing each one?

 

Am i right?

 

Thanks

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Thanks thats helpful

 

So basically they are requesting the documents i intend to rely on be disclosed by the said date by way of listing each one?

 

Am i right?

 

Thanks

Yes you are right, you can do this in one of 2 ways;

You can fill in FORM N265 or write out your own version to suit.

It is just a list of all the docs you have in your possession that relates to the case that they can request to inspect. They will need to send you a written request to inspect any of the docs on your list under CPR 31.15 and you will have 7 days to provide them, and vice versa.

 

When I did mine I wrote out my own, I'll attach it so you can get a rough idea of what is expected :madgrin:

Standard Disclosure by List CAG.pdf

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Thanks for the info.

 

I thought it was that so constructed my own detailing the documents i am relying upon in my defence which is basically letters sent and received. It is only a few docs but crucial none the less.

 

Allocation hearing is due after christmas as a result of them not turning up to the original hearing.

 

What are the implications of them not making standard disclosure as set out in the order as the date has now passed and they have not done so.

 

Thanks

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Anyone know what the implications are reagrding Post 83? With the fact they did not meet the date set out in the order!

 

Thanks

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  • 4 weeks later...

Hi guys

 

The claimant was due to send me a copy of their defence by todays date to which they have not done.

 

This was also the case when they sent the standard disclosure the date on the order was not met then either.

 

Am i now able to ask the courts to strike out their claim on the grounds they have not adhered to the conditions of the court order without any valid reason?

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The Courts are unlikely to be concerned too much about a day late.

So is the defence still missing ?

You could write and ask the Court to strike out the claim on the basis of abuse of process (Their failure to comply with a Court order).

Its quite a long time to wait for allocation-why so long ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Nothing I'm afraid - a day or so late, even a week will just p the DJ off, but the other side will just winge and whine that they are sooo busy etc etc

 

Whereas what it really means is that they wanted to see yours first

 

Totally out of order especially when dealing with a LiP, but hey ho

 

You just carry on - then hit them where it hurts in Court

 

Good luck :D

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I see wannabedebtfreesoon has been advising you quite a bit-will flag the latest update up for them.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Yes i will post the form up in the morning when i am home.

 

Basically they had until Tuesday to issue their witness statement (not defence as stated earlier) to which they have not done therefore have failed to adhere to the court order.

 

I have met all the dates as required and sent in my defence as i did the first time around.

 

Not sure why the long time limit until the heasring it is just what the DJ set out. What is annoying me is they had chance to appear at the original hearing but failed to do so and wrote to the court requesting an allocation hearing as stated in previous posts.

 

Their POC are wrong they have no basis for the claim as they have not adhered to the Consumer Credit Act and Consumer Credit Regulations therefore lost the right to claim.

 

Is it a letter a need to write to the court or does it have to be done on a specific county court form. Afterall if it was me who was not sticking to the courts instructions they would be going all out to gain judgement against me.

 

Appreciate all the advice and help :)

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Yes i will post the form up in the morning when i am home.

 

Basically they had until Tuesday to issue their witness statement (not defence as stated earlier) to which they have not done therefore have failed to adhere to the court order.

 

I have met all the dates as required and sent in my defence as i did the first time around.

 

Not sure why the long time limit until the heasring it is just what the DJ set out. What is annoying me is they had chance to appear at the original hearing but failed to do so and wrote to the court requesting an allocation hearing as stated in previous posts.

 

Their POC are wrong they have no basis for the claim as they have not adhered to the Consumer Credit Act and Consumer Credit Regulations therefore lost the right to claim.

 

Is it a letter a need to write to the court or does it have to be done on a specific county court form. Afterall if it was me who was not sticking to the courts instructions they would be going all out to gain judgement against me.

 

Appreciate all the advice and help :)

With witness evidence I would say that in the interests of being reasonable you would wait until at least a week after it was due and then make an application on notice for an Unless Order to force compliance. So basically, after you've given them extra time you make an application for the court to give them extra time and if they still don't comply their claim will be struck out.

 

I wish it was as simple as; if they don't stick to the rules the claim gets struck out, God only knows it should be!! Unfortunately, the smarmy gits manage to get away with murder half the time. It's up to us as consumers to rise above it cos, let's face it, at least one side has to abide by the rules and be reasonable and professional! 8)

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Ok thanks for the advice.

 

I will give them until Tuesday and take it from there.

 

I hope they have had time to dwell over the Bill of Costs i kindly provided them too :-)

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Just a question on the above.

 

Would it be worth writing to them direct to enquire their reasons as to why they have not complied with the order then go to the courts if they still fail to do so? Would show the courts i am been more than reasonable.

 

Thanks

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Hi

 

According to the claimant as they have already issued a witness statement at the original proceedings they claim they do not have to issue a further one for the allocation process even though the order requests they do.

 

Does anyone know if thats the case?

 

Thanks

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  • 3 weeks later...

Hi Guys

 

Anyone got advice on the above?

 

Also where does it state (written down) that if they lose the right under Section 87 that they can only claim the arrears stated on the Defaulty Notice?

 

Could really do with the info.

 

Thanks Guys!

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Hi Guys

 

Good News - Blackhorse have decided to discontinue in full with their claim.

 

Just a few questions to finish this off:

 

How do i now get them to remove all HPI markers from the car and fully sign it over to me?

Can i still request costs incurred from them?

Also the default they have placed on file is inaccurate so can i request they remove it?

 

Thanks for all the advice

 

James

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