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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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      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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    • 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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      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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HFO, please help!


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Hello, no record of the debt on there at all. Will the search show up, for example, if I wanted to get credit for something else (I don't but I'd be annoyed if I did and was turned down because of searches by people like HFO..) I will log a complain with the people you have mentioned. Thank you!

 

It won't show up if its not on there now - but some companies use different Credit Ref Agencies - so does not mean its not on the others. the main two to check are experian and equifax. - The info they have already sent you comes from experian.

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You would have to get your own copy of your credit report to check how the search has been recorded. When you complain to Experian, express this as one of your concerns and insist that Experian remove the search. If you look at that thread, Experian really have no right to allow HFO to access and use your data in this way. Were your house details from the Land Registry as I would also complain about this to them also, it is public Information but it should not be used in this threatening manner - cheek!

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Standard HFO tactics. They will even claim in a court that documents were sent when they were not – and I can prove that is their modus operandi.

 

Can you remove your personal and account details from what they have sent you and post it up?

 

This account is probably getting close to SB, I would guess in the next six or eight months – this is why HFO are panicking about these old accounts. They have sat on them for years, doing nothing. It just proves they are running their business rather badly. Aren’t you, Mr T? If I was your big boss, I’d sack you.

 

There certainly has been a spate of these pre-2008 accounts coming to the fore... especially as they are the ones party to the 2006 "agreements" (and I say that very loosely). Trouble is I can many people hoodwinked into accepting the debts which are more than likely statute barred anyway. If only we could do a leaflet drop from an aeroplane... I can imagine a few members of staff from our favourite company taking a tumble out of one too ;-)

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Send them a 72 hour notice back, stating

 

"I do not acknowledge any alleged debt to your or your clients and am going to issue an N1 form in the county court for harrassment, as part of the documentation I will rely on I need the following

Details of who sent you the information you hold on me

Full details of how and when you have tried to contact me about this debt from 2006

Copy of original agreement in your possesion (which you will of course need for any claim against me)

Details of your complaints procedure

If I do not have any of these by xxx I will be issuing a claim against you for

Searching my credit records without permission

Creating a false record on credit records

Chasing somebody who is not in debt to your company

Harrassment

Yours in anger

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  • 2 weeks later...

Hello, I sent the documentation a while ago, and all has been quiet, no response. Then today I received a call I didn't reconginse, called it back and the lady said it was HFO. I ended the call. Then 10 minutes ago, my next door neighbour comes round, saying hes had a call from HFO, a lady called Anita, saying she needs to contact me urgently on this number! I don't even know his phone number! Is this legal? I'm furious, how dare they do this, and if it isn't legal or right I want to report it to the right person to deal with it correctly, especially as I know nothing about this debt!!

 

 

Any suggestions please?

 

An irate lottieloves2!!!!

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Ring Consumer Direct and insist that they report this to Trading Standards, mention that you believe that the company are actually run from Wimbledon SW19 so it is Merton Trading Standards, make a fuss. Have you made any complaints yet. I have some links somewhere.

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Hello, I sent the documentation a while ago, and all has been quiet, no response. Then today I received a call I didn't reconginse, called it back and the lady said it was HFO. I ended the call. Then 10 minutes ago, my next door neighbour comes round, saying hes had a call from HFO, a lady called Anita, saying she needs to contact me urgently on this number! I don't even know his phone number! Is this legal? I'm furious, how dare they do this, and if it isn't legal or right I want to report it to the right person to deal with it correctly, especially as I know nothing about this debt!!

 

 

Any suggestions please?

 

An irate lottieloves2!!!!

 

 

This is not legal. As BA says, complain to the OFT and to Trading Standards.

 

HFO have previous on this:

 

http://www.dailymail.co.uk/money/article-1179871/TONY-HETHERINGTON-Hurl-brick-window-advises-solicitor.html

 

Include a copy of this in your complaint!

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I've emailed TS in Merton, as someone else was advised to do in another thread, and told them everything which has gone on. Is it worth making a formal complaint to HFO, or would that be like weeing against the wind???

 

I sent the CCA request on the 14th of November, are they allowed to contact me by phone if they haven't responded to my request for the CCA?

 

Thank you.

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Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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If you have not received a CCA response within 14 working days then send the account jn dispute letter also, by recorded delivery. If they abide by this they should not phone you

 

Account in Dispute letter link

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

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Response from trading standards:

 

From the contents it seems that you need Consumer Advice. Merton Trading Standards work in partnership with Consumer Direct, a national body set up to give practical consumer advice on various consumer issues to enable you to resolve your problem.

 

Their contact details are Tel: 0808 156 2246 or Consumerdirect.gov.uk.

 

Consumer Direct will give you advice, keep a record of your problem and may refer your enquiry to the relevant Trading Standards Service who may take action as appropriate.

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Yes - you do have to report via Consumer Direct, that is the official channel but make it clear that you are making a complaint about HFO/Turnbull Rutherford and you want this dealt with as a complaint by trading standards - you do not want their advice as you have already taken advice, thank you!

 

Once you have done that, reply to Merton with the reference number.

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Had a nice lady call from Consumer Direct to confirm a few details before handing it over to Trading Standards, she said they would be investigating the harrasment side, especially as they shouldn't be calling after not giving me a CCA. She seemed really shocked about the contacting the neighbour bit, and said it's one of the tactics they use to scare you into paying, whether you owe them money or not! Had another couple of calls today from HFO, which I haven't answered, although it's really tempting just to answer and let them know the s**t they are in!

 

Thank you again everyone for all of your help,

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Hello again, I don't know if this will help anyone but Ive just had another call from Consumer Direct. The lovely lady said she forwarded the complaint to London Trading standards, who have made a note, but advised that the OFT are carrying out a full investigation on HFO and Rutherford. The man heading the case at the OFT has asked for copies of all correspondance with details of calls too. I have the mans name and address, would it be OK to post it here, or would anyone like me to PM it to them so they can add to the case? Looks like they are taking it all seriously though, which is a good thing!

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