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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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Charging orders - a salutory tale


diddydicky
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so, today i went to court to contest a Restons Charging Order application- armed to the teeth with a statement from myself and my solicitors that Restons had deceived me into accepting a judgement in return for agreeing monthly payments, and then failed to include that fact in the consent order and subsequently then signed a false statement of truth in the application for the charging order that no agreement to payments had been made

 

Short and sweet thought I- got them bang to rights and here comes a bloody nose for Restons After all this agreement with restons was made between my sols and Restons.

 

I had even sent a copy of my statement to my sols a week ago showing them how i was going to "sock it to em"

 

indeed, so confident of success was i, having previously seen off their SJ application and they having failed to comply with s78 failed to provide an executed agreement and unlawfully l repudiated- that i informed the judge that if he/she was minded to grant the order- i would apply for a stay on execution and immediately apply for a set aside of the judgement on the grounds that it had been obtained by deception on the part of the claimant- and i would go to trial as planned

 

 

Or so i thought

 

nice lady judge- sympathises with my arguments- but then produces from the papers supplied by Restons- a copy of the consent order- SIGNED AT THE TIME LAST OCTOBER by my sols- with no mention of the agreed terms

 

in fact what they had signed up to was a forthwith order!!- with nothing in return!

 

no communication or admission from them as to their failure- between October or now (now i know why they did not send me a copy of it).

 

no communication from them pre warning me that my statement to have the charging order dismissed might backfire on me because of their signature on the consent order

 

result- charging order granted £7000 in costs that i was confident in defending. and no chance to apply for a set aside on the grounds of deception because my sols had signed a forthwith consent order agreeing to a judgement

 

moral of the story

 

don't trust you solicitors make sure they give you copies of EVERYTHING they do

 

 

Having fought this from the outset- gunned down by my own sols

 

well- that certainly wont be the end of that matter

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I hope its not the end for you. Solicitors charge an extortionate amount of money and they should be held to account for everything they do or don’t do more to the point....

Be kind, for everyone you meet is fighting a hard battle. Please do not PM me I do not use the PM service. Please use a link on my thread for any help or to talk.

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in fact what they had signed up to was a forthwith order!!- with nothing in return!

Did you give permission to the solicitor to sign this without your knowledge consent ?

As you say, you informed them of your defence, they must have known this document would be produced.

 

Tomorrow, ring the sols, ask for a copy of there complaints procedure & the name of the person responsible for handling official complaints.

Only after following these procedures, and depending on the response, it can be passed to the LCS. ( a supposedly independant authority, a team of solicitors that are supposed to make an unbiased decision on other solicitors....).....when they say your complaint is unfounded, they did nothing wrong....escalate it to the Solicitors Ombudsman. It stinks....I know.

 

Can you name the Solicitor. Is it a big company or local.

 

You can SAR your solicitor. Find out exactly what they have done.

 

failed to comply with s78 failed to provide an executed agreement
You are so far down the road, regarding costs. You have nothing to lose in going further. Are you aware, that now that they have instigated proceedings to further enforce the original claim, you can apply to the court for a "declaration of enforceability". It can be made when the creditor makes a claim to further enforce the CCJ. You can challenge the enforceability of the CCJ. It all depends, did you defend the CCJ, what grounds could be contested.

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2003/1574.html&query=title+%28+southern+%29+and+title+%28+district+%29+and+title+%28+finance+%29&method=boolean

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Hi DD I know exactly how you feel as my thread is it a mistake or fraud and my OH's bankruptcy was soley the fault of my solicitors and the other side's solicitors. They got a deal between themselves and made me sign a consent order.....BIGGEST MISTAKE OF MY LIFE which cost me thousands.

 

If I knew then what I know now trust me this never ever would have happened but you have a lot of choices and a brain in your head so do everything and anything you can to fight this and get to the bottom of this. Do not give up what ever you do that is my advice. You have been stitched up there is no question about it. This is a professional negligence case against your solicitors and there is plenty you can do.

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Did you give permission to the solicitor to sign this without your knowledge consent ?

As you say, you informed them of your defence, they must have known this document would be produced.

 

Tomorrow, ring the sols, ask for a copy of there complaints procedure & the name of the person responsible for handling official complaints.

Only after following these procedures, and depending on the response, it can be passed to the LCS. ( a supposedly independant authority, a team of solicitors that are supposed to make an unbiased decision on other solicitors....).....when they say your complaint is unfounded, they did nothing wrong....escalate it to the Solicitors Ombudsman. It stinks....I know.

 

Can you name the Solicitor. Is it a big company or local.

 

You can SAR your solicitor. Find out exactly what they have done.

 

You are so far down the road, regarding costs. You have nothing to lose in going further. Are you aware, that now that they have instigated proceedings to further enforce the original claim, you can apply to the court for a "declaration of enforceability". It can be made when the creditor makes a claim to further enforce the CCJ. You can challenge the enforceability of the CCJ. It all depends, did you defend the CCJ, what grounds could be contested.

 

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2003/1574.html&query=title+%28+southern+%29+and+title+%28+district+%29+and+title+%28+finance+%29&method=boolean

 

no, debsy i didn't- the sols who some months earlier had indicated the possibility of CFA told me only a few days prior to the trial that they would not work on CFA basis and if i wanted them to act i would have to pay - as a result i asked them to see if the other side would come to a settlement- as i did not have time (2 days) to recover the files from them and prepare the defence myself. .

 

According to my sols- Restons agreed to accept low monthly payments if we agreed to a ccj unopposed- which at the time to save costs and because i did not have time to take over the case we reluctantly agreed to

 

I just saw the consent order in court today and the sols had signed it back in Oct on the day it was agreed-minus any reference to the agreement for payments.

 

Restons deny any knowlege of agreement for payments so either my sols are being "economical" with the truth or are negligent in signing the consent order without checking that it contained what was agreed.

 

what really p*ssed me off is that he sent me a statement confirming that he had made this agreement with restons (for monthly payments) , has also had sight of my own statement in effect accusing Restons of deceit in attempting to get a charging order based on a false declaration that no agreement for payments was made - yet he STILL let me go to court knowing full well the consent order would be produced with his signature on it and it would blow up in my face

 

I am sure he will read this in due course and he can rest assured that i am not letting the matter rest

 

to say that i am furious would be an understatement

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I've recently had a similar experience of how firms act, a different field, they received a letter on the 12th October, I'd waited 4 months for the information in that letter, I'd spoken to to them several times between the 12th October and 2nd November and at no time did they give me the info that I had been waiting for.

 

my sols dont drink from the same trough

 

they are on this forum and they know who they are!!

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I've known of a situation where a Barrister was hired by a firm of solicitors to look over documents related to a company event, the Barrister didn't read the documents for 18 months. And ultimately was giving wrong advice for 18 months. And yes he was paid.

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Thanks for the heads up DD. I'm really sorry that this has happened to you, and I hope you manage to deal with the culprit(s).

 

I just hope that others will learn from your experience and take note that help on this site is free, so if someone offers to help but wants to charge, please let admin or a member of the site team know. Even if it's no win no fee, they are breaking the rules of this site if they're looking for business on CAG.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks for the heads up DD. I'm really sorry that this has happened to you, and I hope you manage to deal with the culprit(s).

 

I just hope that others will learn from your experience and take note that help on this site is free, so if someone offers to help but wants to charge, please let admin or a member of the site team know. Even if it's no win no fee, they are breaking the rules of this site.

 

i think i now understand why the site has prevented him from sending/receiving pms!!

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i think i now understand why the site has prevented him from sending/receiving pms!!
:wink:
The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Sorry to hear about that diddydicky. I've unfortunately had a similar thing where a solicitor sold me down the river without me knowing until the court hearing. It's ultimately resulted in me losing my house over a debt that never actually existed in the first place.

It just goes to prove that solicitors have more loyalty to each other than to the customer who's paying them, and remember county court judges are solicitors too. They're all on the same gravy train and it just plain stinks.

One day, these people will deceive the wrong guy and really regret it!

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I am so sorry to hear this dd.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I don't know how they sleep at night :mad2:

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Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I had an instance 30 years ago, where someone asked me if I was sure my solicitors were acting in my best interests! I was gobsmacked, never thought they couldn't be!

You've now got me worried on this one as I have a case in court at the moment..... it's all on Legal Aid though, so hope that covers me to a degree?

 

ps. Hello diddydicky, long time....... and Good Luck :)

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I had an instance 30 years ago, where someone asked me if I was sure my solicitors were acting in my best interests! I was gobsmacked, never thought they couldn't be!

 

Not always.... I would have lost my home by following the advice of mine several years ago. Sometimes you have to trust your instincts....

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