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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.

      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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bryan carter letter - advice very welcome!


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Today I received a letter from Bryan Carter advising that if I do not make full payment within 14 days then he will recommend to his client that proceedings be issued without further notice. The debt is from an original loan and a credit card from EGG. It was passed to Credit Solutions some years back and I was paying them at around £45 per month but a few months ago I could afford it no longer and cancelled the payments. They passed the debt to Fredrickson International who have sent me several letters all of which I have ignored. The alleged amount is £1507.68 but I have no way of checking this. The letter says I should telephone Fredrickson immediately to avoid further action but the last thing I want is them knowing my telephone number. I would be grateful of any help as to how I should proceed with this.

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yes, I have been reading them all morning. I have drafted a letter asking for CCA. Should I send this now or wait for a follow up letter from him? thanks so much for replying

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Guest Cartaphilus

Then, as you say, you don't know the exact amount ... Send CCA request ASAP, do not wait for rubbish letters from them until doing so. The template letter is in the library on CAG. Follow the instructions as per the letters page. I can't give a link as not on pc.

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I have received a reply to my request for a CCA which I sent to Bryan Carter. The reply came from Frederickson International saying that they are unable to provide the documentation and I should request it from EGG, who they refer to as their 'client'. I am not even sure if EGG is their client as this debt was passed on from Credit Solutions. They say I should continue to maintain payments as agreed. But they know I am not making any payments hence their chasing me! Can anyone advise me as to what this means? Thanks

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It means they are in breach of your legitimate CCA request, and you should now send the n‘account in dispute’ letter.

 

They were obliged to forward the CCA request. The fact that they have not is tough. Did you get the payment returned?

 

I have made no payments to them whatsoever. Any payments I have made in regard to this debt have been to Credit Solutions who have passed the debt to them. That is why I am confused as to their request to maintain payments.

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It means they are in breach of your legitimate CCA request, and you should now send the n‘account in dispute’ letter.

 

They were obliged to forward the CCA request. The fact that they have not is tough. Did you get the payment returned?

 

Thanks for your help thus far DonkeyB. I have located a copy of account in dispute letter but it is not yet 12+2 days since I requested the CCA and so I wonder if the account can yet have entered default. I requested the CCA on 15th and they replied today. Do I have to wait or can I send the letter regardless?

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Agree with the others' advice. The £1 postal order was for Frederickson to comply with your CCA request. They've failed. Account in dispute...

 

But... do Frederickson own the alleged debt or are they "acting on behalf of"?

 

I don't know how these things work. After defaulting with EGG the debt was passed to Credit Solutions. I was paying them monthly for several years then I just couldn't afford the payments . They passed the debt to Fredrickson then to Bryan Carter and now I seem to be dealing with Fredrickson again. They refer to EGG as their 'client' but I'm not sure how this can be

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You need to ascertain who actually owns the debt now. Could you let us know what was in your latest letter from them, or even better, scan and post it? That should give an indication of whether Frederickson are collecting on behalf of Egg or if they now own the alleged debt themselves. Don't forget to remove any personally identifiable info - including account/reference numbers and bar codes.

 

This makes a difference as who to contact/argue with! :)

 

 

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You need to ascertain who actually owns the debt now. Could you let us know what was in your latest letter from them, or even better, scan and post it? That should give an indication of whether Frederickson are collecting on behalf of Egg or if they now own the alleged debt themselves. Don't forget to remove any personally identifiable info - including account/reference numbers and bar codes.

 

This makes a difference as who to contact/argue with! :)

 

I can't scan the letter. It is very brief. It says:

 

"We return herewith your payment of £1.00 as we are unable to provide this information. If you require documentation you can request this direct from our Client but in the meantime you must continue to maintain payments as agreed."

 

They then give me EGG's address.

 

Last week Bryan Carter was threatening prosecution now I am back with Frederickson. I was under the impression that Egg sold the debt to Credit Solutions to whom I was making payments for years. When I defaulted on those payments the debt was passed to Frederickson

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I can't scan the letter. It is very brief. It says:

 

"We return herewith your payment of £1.00 as we are unable to provide this information. If you require documentation you can request this direct from our Client but in the meantime you must continue to maintain payments as agreed."

 

They then give me EGG's address.

 

Last week Bryan Carter was threatening prosecution now I am back with Frederickson. I was under the impression that Egg sold the debt to Credit Solutions to whom I was making payments for years. When I defaulted on those payments the debt was passed to Frederickson

 

Regardless of whether or not they own it, if they're trying to collect the debt Fredericksons have a legal obligation to pass your CCA request to Egg. The easiest way to see if Egg has sold it is to have a look at your credit file free online. If it's been sold it will be marked as settled. You'll also probably be able to see who bought it if it was sold.

 

These things always do the rounds and will probably pass through several more DCA's. Bryan Carter is known for issuing legal threats - only occasionally does he see them through and often slips up in the process.

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Regardless of whether or not they own it, if they're trying to collect the debt Fredericksons have a legal obligation to pass your CCA request to Egg. The easiest way to see if Egg has sold it is to have a look at your credit file free online. If it's been sold it will be marked as settled. You'll also probably be able to see who bought it if it was sold.

 

These things always do the rounds and will probably pass through several more DCA's. Bryan Carter is known for issuing legal threats - only occasionally does he see them through and often slips up in the process.

 

Thank you. I would imagine that if Credit Solutions purchased the debt around 5 years ago it would be difficult for another DCA to be collecting on behalf of Egg. I have paid a substantial amount to Credit Solutions and they must have passed the debt on when my payments stopped. I'd be grateful of anyone could shed any light on how these things work.

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