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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      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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No help from DirectGov or Police on fake eBay job


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I have sent an email via ebay contact centre registering my disgust with ebay/paypal behaviour.

 

I also brought to their attention that no warnings have been received re these advertised "listing jobs" by ebay.

 

If I have a reply I will let you know.

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I doubt JobCentre will be liable for adverts placed on their website I beg to differ, it is their responsibility to ensure that adverts they place on their website are legit.

 

From a legal point of view can you be held liable if you are the victim of a crime? Never heard anything so ridiculous! So if you are murdered or raped you may be held liable?

 

I'm watching you! :spy:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I think that Jobcentre has a certain responsibility. People repose their trust in JC's and I think that there may well be a legal duty of care.

 

On the other hand it may well be that job candidates alos have a duty to take care and they may well be seen to have contributed to the problem but not taking a certain level of care on their own behalf.

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The old adage of advertising in any form should be LEGALHONEST> AND TRUTHFUL, which this certainly was not

obviously those who accepted this advertising have not even exhibited a common duty of care.

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I'm watching you! :spy:

 

As poster above said they may have a duty of care higher than most places but I very much doubt they will have total responsibility. Are Gumtree and eBay held liable for all the dodgy stuff posted on their websites?

 

A contract entered into when you are a victim of a crime is totally different to your example. If its so straightforward why doesnt the victim send his crime reference number to the debt colelction people and be done with it?

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I believe that when you are responding to an advert,offer etc. placed in a government office it ie reasonable to think

taht this has been properly vetted and is legal.

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If its so straightforward why doesnt the victim send his crime reference number to the debt colelction people and be done with it?

 

Because DCA's do not believe such information regardless of whether it is in black & white and in front of their noses, hundreds, if not thousands, of alleged debtors have done this, only to find themselves on the end of increased harassment and intimidation from the DCA's.

 

I cannot think of a single occasion whereby you might be the victim of a crime yet still liable in any way?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I am not sure either - hence I asked the question.

 

If you are certain of your position then the victims can be advised to sit back and let it go to court (after they have informed the DCAs they accept not liability for this).

 

My view on it is that they are opened to be sued by customers and they will have to sue the business to get their money back. So some liability applies IMO.

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Once again we get right back to the spineless regulators who seem afraid to take any action, being of a very suspicious nature

could it be that now central government is employing some of the worst offending DCA's and their pet ''solicitors'' things can only get worse.

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As poster above said they may have a duty of care higher than most places but I very much doubt they will have total responsibility. Are Gumtree and eBay held liable for all the dodgy stuff posted on their websites?

 

A contract entered into when you are a victim of a crime is totally different to your example. If its so straightforward why doesnt the victim send his crime reference number to the debt colelction people and be done with it?

 

Gave it to them ages ago!!

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Once again we get right back to the spineless regulators who seem afraid to take any action, being of a very suspicious nature

could it be that now central government is employing some of the worst offending DCA's and their pet ''solicitors'' things can only get worse.

 

 

???

 

It appears eBay have sent in the DCAs not the Government.

 

All the Government are guilty of is allowing an automated system for people to put adverts up (that are not vetted).

 

Also given that Ltd companies appear to be involved how much vetting do you want the government to do?

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Ghost, My point was that the my feeling is that now central Government

is employing DCA's will the Quango's who are supposed regulate the debt collection industry

feel even more that they have a supreme right to harass, ignore and fleece people!!!

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Further to post 26 I complained to ebay because surely once this had been pointed out to them they should have posted warnings. I've suggested that they view the posts on this website to see the results of this [problem].

 

I received confirmation of my complaint but no answer as yet.

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I have been contacted by Iqor today demanding payment by debit or credit card today. I told them that I am not paying because I am holding Ebay, Paypal and Directgov responsible for this [problem]. They have been receiving complaints from victims since at least December 2010. It may even be for as far back as two years as I have found out from other forums this [problem] started being reported in August 2009. They have not taken any action to warn the wide Ebay and Paypal user community. All it takes is a newsletter or an email that would cost them nothing yet could have prevented many of us to be in this mess. Obviously as it is not in their best business interests they have done nothing to stop this from happening again and again.

The [problematic] are out there with another website swift-techltd.com. This one has been live since end of March and myself and the other 6 victims I know have reported it to police and Alan McMahon from Ebay Fraud Investigation team. And guess what? They have done nothing about it. So right now we do not know how many other innocent victims out there have fallen in their trap.

BankFodder can you tell me if this is going to affect my credit rating anytime soon as I am in the process of switching my mortgage?

Thanks

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If it does affect your chances of obtaining a Mortgage, and by that I mean it IS the sole reason why you are refused a mortgage, then the only course of action for you is to pursue legal action against all those involved for substantial damages.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I'm afraid that it is likley to affect your credit rating. I would be very surprised if they haven't put an entry on your credit file already.

 

You need to check it up.

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I have talked to the Uxbridge and Hayes Gazette today and they are really interested in this story. Hopefully it should be published soon. Will these debt collectors come to my door anytime soon and do they have a right to enter my property if I open the door or clamp my car on my driveway?

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Hi-

Debt Collectors have no rights of entry and cannot clamp your car!!! They'd like you to think they could though, LOL.

 

Have a read of my Debt Threat blog linked in my signature below...it should put your mind at rest.

Golden Rules: DO NOT speak to them on the phone (or record the calls if you do)

DO tell them to leave if they visit

DO keep everything in writing

DO NOT be intimidated by them

 

Elsa x

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Thanks for that Elsa. However, I can't read your signature. It is asking me to join and have to pay with Paypal. As a result of this mess my Paypal account has been closed for good. What is worse, they have told me I will never be allowed to open another one as they say I am a financial risk to them. What a joke! I am a victim yet they treat me like a criminal.

 

I will follow your advise though. Thank you

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I checked my local JC+ they claim to hav no knowledge of this, but they are never very helpful any way.

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!

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Does a debt collector have the same powers as a bailiff?

 

No, a debt collector is not a bailiff and is not authorised by the courts. A debt collector is not allowed to enter your home or seize your property.

http://www.nationalmoneyhelpline.co.uk/faqs/dealing-with-bailiffs/

 

 

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

 

 

As already said a Debt collector IS NOT a bailiff, they have NO legal powers whatsoever. You should treat a DCA exactly the same as someone ringing your door bell trying to flog double glazing.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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