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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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      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.
      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.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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 Claimform - old welcome loan from 2004 - **DISCONTINUED**


gloryhunter
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Well guess what i got a letter from T&R yesterday !!!!!!!!!!!!!!!!

 

cant scan at the mo printer down..........

 

.letter headed ...

 

... WITHOUT PREJUDICE SAVE COSTS

 

Dear GLORYHUNTER

 

We write with reference to the above matter.

 

Please note we have moved to a new address and our contact details are listed above.

 

We wish to inform you that our client is willing to accept £xxxxxx in full and final settlement of their claim against you

on condition the ammount is either paid in full or an agreement reached as to a reasonable payment arrangment on or befor the 29th march 2012.

 

In the spirit of settlement we believe a 50% reduction on the balance assigned from WELCOME FINANCIAL SERVICES

to our client on the 2nd August 2007 provides a generous opportunity for you to conclude this matter without the parties having to incur futher unnecessary costs.

 

Please note our client reserves the right to produce a copy of this letter to the court in requesting costs if they are successful at trail.

 

Our client is optimistic that settlement can be reached and is willing to consider any counter offers we look forward to your responce within the time frame specified above.

 

1.......

the total ammount has gone up by more than £1k2.....

... IS THIS NOT NOW S/B3.......

..IS THIS CLAIM NOW STAYED4......

.. THEY ARE SYING THE BLNCE IS NOW £9.5K5....

.....THEY WANT ME TO PAY £2.5K ....50% ?

 

So my friends i shall send copy of said letter to OFT to add to my WS,

and without doubt i will not be paying them 1 penny or even answer they letter fecking muppets.

 

WILL TRY AND FIX THE PRINTER/SCANNER

 

Regards GH

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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Morning CD, i trust you are well :) think i will ignor yet another begging letter from HFO lets see if they bring it back from the dead . What made me chuckle was they have added another £1k on ,did'nt think they could do that ? trying to sort the fecking printer out GH

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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Statute Barred a definition:

A debt becomes statute barred

under the Limitations Act 1980

if there has been no ''regular''

contact between the creditor and

debtor in six years, sending the

debtor letters chasing payment or

sending statements is not cosidered

to be regular contact.

Also a debt becomes SB IF no payment

or written acknowledgment has been made

by the debtor in 6 years, any payment or

acknowledgment at any time in the six years

restarts the clock.

Requests for information such as CCA requests

and SARs do not affect the 6 year clock.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Morning Brig so therefor it is statue barred then like CD said unless the start again they are chancing there arm (well am not going to bite) :)

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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I believe that by taking the court action the SB process is stopped. The case is only 'stayed' which means that they can restart it and SB will not count. Whether they will try this, I do not know as you have a strong defence. Others can advise on possibly getting this 'struck out' or them to 'discontinue'. I suspect that in their current state - this letter is an attempt to obtain some 'funds' so they are chancing it!

Please support CAG and they will support you.

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Definately report that to the Solicitors Regulatory Authority, it is a blatant attempt to extort funds they are not legally entitled to. - 50% reduction would point to them grasping at straws.

 

Point out to the SRA this is 'stayed' by the court and the firm are abusing court processes by trying to come to an arrangement - the SAVE FOR COSTS bit gives you a masive clue as to the fact they are now attempting to 'split the claim' which again is not on.

 

Make sure you add this to the costs list you are preparing - I would estimate 4 hours research, paper cost, stamps, ink etc

 

Silly whatsits need closing down completely and ALL court cases pulled and clients given restitutionary compensation for being misled by a legal firm.

 

I wonder how may people are paying up without checking that they are legally entitled to do so, believeing the 'moral' claims these companies love to perpetuate.

 

Morally this kind of debt chasing should be abolished by law.

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No, court action does not stop SB status, the SB status runs from the date of the last payment to the creditor and if a court action is brought close to SB date it does NOT stop the clock ticking. I had this verbally confirmed by a legal friend during the week.

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No, court action does not stop SB status, the SB status runs from the date of the last payment to the creditor and if a court action is brought close to SB date it does NOT stop the clock ticking. I had this verbally confirmed by a legal friend during the week.

 

That is very interesting SG!

Please support CAG and they will support you.

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Apparently many 'solicitors for rent' firms believe that by taking court action the clock starts ticking again from the date they issue a claim. I am trying to get this person to join CAG and add their knowledge here - they are now retired from the legal circuit so there shouldn't be a 'professional interest breach' by them doing so.

 

Mostly they dealt with criminal law but in the last couple of years they did consumer and contract law.

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Hi Sillygirl forgive me what is a "spit claim" do you think i should try to get in 1st and get the claim stck out ? thought i had finshed it with the muppets. This is now 100% SB and the default has gone from my credit report ! Regards GH

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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This is certainly accurate nothing can change thè definition

of statute barred, as long as any correspondence even to

the court has the disclaimer I do not acknowledge any debt etc.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Well guess what i got a letter from T&R yesterday !!!!!!!!!!!!!!!!

 

cant scan at the mo printer down..........

 

.letter headed ...

 

... WITHOUT PREJUDICE SAVE COSTS

 

Dear GLORYHUNTER

 

We write with reference to the above matter.

 

Please note we have moved to a new address and our contact details are listed above.

 

We wish to inform you that our client is willing to accept £xxxxxx in full and final settlement of their claim against you

on condition the ammount is either paid in full or an agreement reached as to a reasonable payment arrangment on or befor the 29th march 2012.

 

In the spirit of settlement we believe a 50% reduction on the balance assigned from WELCOME FINANCIAL SERVICES

to our client on the 2nd August 2007 provides a generous opportunity for you to conclude this matter without the parties having to incur futher unnecessary costs.

 

Please note our client reserves the right to produce a copy of this letter to the court in requesting costs if they are successful at trail.

 

Our client is optimistic that settlement can be reached and is willing to consider any counter offers we look forward to your responce within the time frame specified above.

 

1.......

the total ammount has gone up by more than £1k2.....

... IS THIS NOT NOW S/B3.......

..IS THIS CLAIM NOW STAYED4......

.. THEY ARE SYING THE BLNCE IS NOW £9.5K5....

.....THEY WANT ME TO PAY £2.5K ....50% ?

 

So my friends i shall send copy of said letter to OFT to add to my WS,

and without doubt i will not be paying them 1 penny or even answer they letter fecking muppets.

 

WILL TRY AND FIX THE PRINTER/SCANNER

 

Regards GH

 

they are offering a discount

 

99% pointer they KNOW they'll never win in court

 

ignore them.

 

dx

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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A split claim is where the company goes for costs (usually inflated) and then goes back for the 'rest'. In this case they seem to have been stumped at the first stage so their 'save as to costs' clearly shows their intention to abuse and misuse their powers in debt collecting.

 

I would counter claim stating that they have continually obstructed and misled the court, wasted your time as well and your costs (at £19.25 per hour now) are attached as an indication of the level of work you have had to do in checking their information is accurate, checking your limited legal resources and generally researching the ins and outs of their frivolous, vexatious and litigatious claim.

 

You could also print out any information from Experian/Equifax/Callcredit and counter the amounts they are claiming stating that prior to their alleged involvement you would have been more than happy to pay the 'correct' amount of the debt to the original creditor, should they be able to prove it is legally owed.

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  • 5 weeks later...

Yet another letter from T&R arrived today............................. A DISCONTINUANCE LETTER yipeeeeeeeeeeeeeeeeee of my back at last !!!!!!!!!!!!!!!!!!!!!!!! Just want to say a massive thank you to all the caggers that helped me, CD most of all for her defence, DX,DOH,DONKEY the list is long THANK YOU SO MUCH, without CAG i would more than likely be paying our friends more than £8.5k. (THAT I NEVER OWED) Thanks again guys. One very,very happy GH. :) :) :)

Sorry forgot about BA thanks buddy

Sh*t and BRIG lol sorry :(

:) HFO fan club member :) HFO V GLORYHUNTER ( WON ) :)

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