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    • 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.
    • 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.  
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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.  

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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.
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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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gold card with rbs CCJ and now ICO/CO.


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When you make an application to the court, it can take a few weeks before a judge sees it and/or its scheduled for a hearing. Meanwhile the creditor will carry on trying to enforce/collect. Its highly likely the judge hasnt even seen it yet. If the judge hasnt seen it, it wouldnt be scheduled for hearing yet, and the creditor would not have a copy of your set aside application.

 

When the court opens you should ring and ask if a judge has seen the application. If not, explain that you have had a warrant of execution issued, and you would like to request the application be expedited if possible. You can also speak to the baliffs section, tell them you have an application pending, they may be willing to put your warrant at the bottom of the list.

 

Also if/when the judgment is set aside your charging order will also be set aside. There is nothing extra you have to do for that.

 

Speak to the court. Thats your best bet. If you have time you can hand deliver a letter to the court explaining the same. If you cant hand deliver it, then send it first class recorded delivery.

 

In any case the creditor shouldnt be sending the baliffs around if you have a charging order.

 

Just curious, is it an interim charging order?

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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MrZ , thank you for advice. The set aside request is not several months old, but I think that the fact that this is now at a third court doesnt help matters.

 

There was an interim charging order earlier in the year following the default judgement. Further to this there was a full charging order granted.

 

I will feel a lot better when I speak to the court in the morning and I now have a better idea of what I am asking.

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You're quite right. No need to speculate. When you speak to the court, you will be able to determine what the situation really is.

 

BTW in my recent application to set aside, it took roughly five weeks before a it was processed.

 

Once you have the information you're after, post any questions you might have here and I'm sure you'll find the help you need.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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I have spent a lot of time on the phone today and have not really found anything out.

 

The local court confirms that baliffs are on the way and say there is nothing they can do to help. Northampton also said they cannot help.

 

I am trying to call the court who processed the charging order and who i lodged my set aside with but the number 0844 892 4000 seems to be a hub that is constantly engaged.

 

I have sent an email chasing up the setaside to the email address on the court website and am considering sending a recorded letter to the court and rbs solicitors office but not sure where else to go??

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Did you speak to the court that issued the warrant? If not I suggest calling that court and speaking to the baliffs section. I wouldnt count on just an email. In my experience, emails get answered later than posted letters. I would definitely send a letter by post as well, fax wouldnt hurt either if you have access.

 

Failing all this, there is nothing better than face to face, provided thats an option for you.

Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Thanks MrZ.

 

The court that issues the warrant (local court) has said that there is nothing that they can do. The court that processed the charging order and whom I sent my setaside too are impossible to speak to.

 

Im not sure that the local court cannot do anything other than enforce this, Im not sure what the letter/fax should contain?

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Is it the clerk that is telling you that nothing can be done, or is it the baliffs?

 

Draft a letter that states you have been issued a judgement and subsequent warrant. Give the appropriate claim numbers. Then state that you currently have an application pending to set aside the judgment. Ask that the application be expedited, and ask that any enforcement action (baliffs) be suspended until the application is heard.

 

Send a copy to all courts involved. Fax numbers are usually available on the HMCourts website as well as email addresses. If possible, go to the local court and speak to someone. It is within the clerks power to put something in front of the judge sooner than it would take through the ordinary course. There are no guarantees though.

 

Aside from that. Read up on your rights regarding baliffs and what they can/cant do. Hopefully it wont get as far as a visit before you can get the set aside application sorted out. But it certainly wont hurt for you to be equipped with the knowledge of your rights.

 

A warrant of execution does not allow them to enter your residence unless you give your permission. If there is an open door or window they may try to gain entry. Even if they turn up with police, you still have to give consent or permission for them to enter.

 

Also you can apply on form n244 to have the warrant suspended. You need only state that you have another application pending. This type of application can be heard very quickly, usually in a matter of a few days. You can also submit an application (form ex160a) for a remission of all or part of the fee for this. It too can be processed straight away. These are both forms I would recommend taking to the court in person. I am not 100% sure but I think the fee is 65.00 for the n244 without the application to waive it. It can be waived on eveidence of your monthly disposable income.

 

In some circumstances the court manager will waive the fee altogether, even if you wouldnt normally qualify.

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Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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  • 2 months later...

After a long time waiting I have recieved two letters posted through my door today.

 

One is a form handwritten by a baliff asking me to phone him on his mobile. I still dont know why I have a charging order and a baliff.

 

The second letter is a response from my local court in reply to my letter sent in june, although the letter is dated 22 August. This letter confirms that I have paid a fee and asks me to complete an N244, they do not admit that it has been lost but I think that this is what has happened. Not sure that this should happen in a court, it alls seems very strange.

 

Do I now resend my N244 for a setaside? Can anyone have a look at what I sent and should I resend this or do I need to edit anything? Should I be cheeky and ask for interest on the fee? :D

 

Thanks all for the help so far.

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consumer

 

bumping again

 

noone else has looked in, so suggest

doing the n244 as advised by the court. include all info that you think is relevant/helpful, and what you are seeking. the J will look at it and make an order as sees fit in consideration of the circumstances.

if the court bailiff turns up, tell them that you have submitted an n244. don't let them in. give them a reference number/proof of application if required. they should back off.

imo

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  • 3 weeks later...

evening consumers!

 

just to say that this little episode is still ongoing! I sent the n244 in by email on the 15th Sept and also delivered a paper copy by hand the next day. I have email confirm and the clerk signed a receipt form. after hours on the phone, no one at the court knows what it going on. Im worried that the bailiff will lose patience and im also worried that if this goes to court it will annoy the judge if the banks fancy barristers make it look like me were employing delaying tactics.

 

i know that this is an unusual case, but does anyone know what i should do? is sitting back the right thing or what? i really dont know now!

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  • 5 weeks later...
  • 7 months later...

Hi, I havent been able to get this site to work for ages, the password wouldnt reset, so I signed up with a new login today and now suddenly I am back to my old one. Sorry for lack of updates!

 

In this case, I have spent months chaing the courts and resent the paperwork. Each time I speak with people they say that I havent paid my money even though I have receipt. On advice here, I send letter explaining in detail the problem, and it comes back with an note asking for a fee!

 

Out of the blue, I recieved a phone call to say that RBOS had gone back to the 'original agremnt' and would not be pursuing a warrant. I have written to the court and rbos, but am still in limbo.

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Have you made a formal complaint to the court manager at all? I think its worth doing this in writing, you have been given the run around here on multiple occasions. They need to get their act together.

 

S.

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  • 4 years later...

Sorry to bring up an old thread.

 

 

I have now got the the point where I am in a good place mentally, physically and even from a financial point of view I am not as hard up as I have been.

 

 

I am looking to sell up and move away,

I have a small amount of equity in my property

but I fear that this will be eaten up by the charging order.

 

Is it too late to pick this up now and push for the set aside that I paid for in 2012?

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Sorry to bring up an old thread. I have now got the the point where I am in a good place mentally, physically and even from a financial point of view I am not as hard up as I have been. I am looking to sell up and move away, I have a small amount of equity in my property but I fear that this will be eaten up by the charging order.

 

Is it too late to pick this up now and push for the set aside that I paid for in 2012?

 

If you have paid it off...why is the charging order still in place?

 

Andy

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Sorry, will tr to be brief.

 

I had a gold card with rbos. The card was given to me in 2004 as they had lost a cheque in one of those automated paying machines. Once they realised tvwasnt my fault and I went into the branch they arranged to send out a gold card without any paperwork.

 

I stupidly ran up a balance and when I faced difficulties, I wrote some template letter hoping to get the balance frozen to help pay it off.

 

I was late to acknowledge the Northampton claim.

 

Then it was transferred to a court in Manchester and a cuppa granted, I wasn't able t pay it in the 21 days.

 

I paid for and submitted an n244 but this wasn't heard. There was confusion as it should have been transferred to a local court but wasn't.

 

I was dealing with 3 courts and in that time a charging order went through.

 

After a lot of dealing with courts I was told that the n244 was granted and I should receive another bulk centre claim.

 

I havent kept on top of it but believe that I should at least try to sort this mess out. Can anyone hep please?

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  • 5 months later...

is the mortgage/property only in your name or is it joint?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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