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

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

      Frankly I don't think that is any accident.

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

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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*** Repossession & NOW Shortfall demands - HELP !! ***


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Guy's,

 

Moved away from my husband nearly 2 years ago and continued to pay my half of the mortgage to him - Unbknown to me until the day before - he had been instructed to vacate the property as locks were being changed.

 

He claims he had not received any previous communication - How do i get this ?

 

Now i have had a letter drop on my new premise ( living With Friend ) with a demand for £38K in shortfall charges etc. - WTF ??

 

I am in a right state - i do not know who to turn to and urgently require your assistance - ANYBODY pls. !!

 

Thanks

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Are you stating that you were not aware of the possession proceedings at all? Did you not notify the mortgage company that you were no longer living at the address?

 

Has the property already been repossessed? If so, your name would have been on any court paperwork - if your husband is claiming he did not receive it at all, then you should both go to see a solicitor immediately. However, it is fairly unlikely that nothing at all was received. Mortgage companies are quite aggressive in chasing arrears - they make multiple phone calls, send multiple letters - and charge you for every single one - and then they apply to the courts for a possession hearing and it is the courts that usually issue the date for the hearing - so unless your husband is saying he did not receive even one of these communications, and wasn't aware that he was in arrears (extremely unlikely) then it is likely that the possession was granted on reasonable grounds.

 

Shortfalls following repossession are common - and the mortgage company are far more likely to go after the person they think has money to pay so if there are two people on the mortgage, both are jointly and severally liable to repay any shortfall.

 

You probably know this at this stage, but you should have done more to protect your interests in the property - firstly by informing the mortgage company that you were no longer living there, and secondly by ensuring they had contact details for you, and thirdly by ensuring that any payment you made went directly to them.

 

So...what kind of help precisely are you looking for at this stage? Please be specific and I will try to direct you from the information you give.

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For the Repo - Would myself or my husband have had to attend ? My Husband states to me that he was not aware of any court date etc.

 

I was completly in the drak over the whole affair - I contiued to pay my 1/2 of the mortgage assuming it was being paid as the house was up for sale.

 

Who can i contact to see what communications were made - Is there anything i can do to reduce my shortfall contribution ?

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For the Repo - Would myself or my husband have had to attend ? My Husband states to me that he was not aware of any court date etc.

 

I was completly in the drak over the whole affair - I contiued to pay my 1/2 of the mortgage assuming it was being paid as the house was up for sale.

 

Who can i contact to see what communications were made - Is there anything i can do to reduce my shortfall contribution ?

 

Repossession hearings can take place without the defendant in attendance. It would be highly unusual for your husband to not have been aware of the proceedings at all - not impossible, but definitely highly unusual. Multiple letters and contacts would have been attempted by the mortgage company, and the court would almost certainly have sent details of the hearing and the particulars of claim to your household address, and definitely on judgment they would have sent information to the address. In addition, on execution of the warrant, the bailiffs themselves would have hand delivered (usually) the notice of eviction. It is highly unlikely that your husband would not have received at least one of these things.

 

If you paid your share of the mortgage to your husband and he was not paying it on, you may have a claim against him - but it sounds like he has no money, so there's little point.

 

You can contact the mortgage company - issue a Subject Access Request Notice if necessary - in order to find out precisely what information was sent out, and what contact was made (they will supply all correspondence and usually all information relating to phone calls). You will also need to go through all of the statements to see what arrears charges have been added - you can reclaim these in the sense that they will probably be deducted off the shortfall amount.

 

You will almost certainly need a solicitor as there will be huge amounts of paperwork to go through - and assessments of the costs related to the repossession and the sale of the property leading to the shortfall amount will need to be made in order to ascertain if the shortfall amount is made up of reasonable costs, charges and shortfall of mortgage.

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The solicitors letter i have received states i need to reply with a remittance/acceptance notification by the 16th May - they have asked me to fill in a expenditure from etc.

 

Will the fact that i am now 6months pregnant make any difference - i am due to go on maternity leave in the next two months as obviously my incomings will reduce once i have given birth.

 

I feel somewhat helpless and disappointed that i have been left in limbo - my Husband had notified the mortgage company of our seperation - but this has not made a difference it appears !

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The solicitors letter i have received states i need to reply with a remittance/acceptance notification by the 16th May - they have asked me to fill in a expenditure from etc.

 

Will the fact that i am now 6months pregnant make any difference - i am due to go on maternity leave in the next two months as obviously my incomings will reduce once i have given birth.

 

I feel somewhat helpless and disappointed that i have been left in limbo - my Husband had notified the mortgage company of our seperation - but this has not made a difference it appears !

 

Your reduced income will certainly make a difference to how much they expect you to pay - but before you agree to make payments you must find out exactly what the shortfall consists of, so that you can challenge the amount and make a reduced offer if necessary.

 

Whilst you and your husband are jointly and severally liable, they can come after either one of you, or both, for the entire amount, so you have to make sure any deal that you agree with them is specific to yourself and severs any relationship to any remaining sum outstanding thereafter.

 

As I said, you need all the paperwork - don't worry about the deadline date they have given you - you can simply write to them and tell them that you are looking into what the shortfall consists of, and until you know exactly what the figures are and what they relate to you will not be making them any offers. You can tell them that this is the first you have heard about it, and thus you will not be rushed into making any payment offers at this time.

 

The first step is the letter telling that you have just found out about this and will require further information and time to investigate/seek legal advice.

 

The second step is to issue a Subject Access Request Notice - they have 40 days to comply with this. Once you have all the documentation relating to the loan and subsequent repossession, you will be in a position to find out precisely how they arrived at the shortfall figures. Then, and only then, should you consider making an offer for payment - and even then my suggestion would be that you offer half and tell them that is your final offer. They will undoubtedly then chase your husband for the remainder.

 

If your husband kept the money you gave him to pay the mortgage, then you could possibly sue him - but if he has no money or no other property that a charge could be placed on, then this action is probably pointless.

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Because all of my dealings are now dealt with via Optima Legal do i request the SAR From them or do i ask my mortgge company direct ? Would they look for a lump sum payment or a Payment plan ? I have a car that my friend purchased for me but i need this to get to work etc. I could sell this and maybe borrow off friends to maybe get a £10K lump sum - But i fear this would not be enough for them to accept.

 

What do you think ? If half of the Shortfall = £19K Minus Additional charges would £10K be acceptable in your opinion ? This is only a last resort - If i cannot raise these funds then i fear i could be paying £100-£150 a month for the rest of my life !!

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Because all of my dealings are now dealt with via Optima Legal do i request the SAR From them or do i ask my mortgge company direct ? Would they look for a lump sum payment or a Payment plan ? I have a car that my friend purchased for me but i need this to get to work etc. I could sell this and maybe borrow off friends to maybe get a £10K lump sum - But i fear this would not be enough for them to accept.

 

What do you think ? If half of the Shortfall = £19K Minus Additional charges would £10K be acceptable in your opinion ? This is only a last resort - If i cannot raise these funds then i fear i could be paying £100-£150 a month for the rest of my life !!

 

Optima Legal may not have all the information - the SAR notice should be sent to the original mortgage company (you can send one to Optima Legal too - but their records will consist of what they have been passed in the form of your file, plus their dealings with you from there onwards). The lender will have all details from the loan inception.

 

My suggestion is that you do not make any offers until you have fully investigated how this shortfall was made up. You may find it is significantly less, or can be reduced, than the figure that has been quoted to you.

 

I appreciate that you must be extremely worried about this, but try to focus on finding out the exact position. Try not to panic - people who panic often end up paying far more than they ever need to - so don't start making any payments, and do not be intimidated into starting part payments.

 

When you have the exact details - that is the time to start wondering what you can do next. You cannot begin to negotiate until you know the figures - plus, please remember that you are jointly and severally liable for the loan - so they can continue to pursue you for anything outstanding even after you've made a payment for your share. You have to be absolutely clear that any agreement you make with them is in full and final settlement of any liability you have.

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Lea,

 

Thanks - A Recorded Letter has gone both to My Lender and to Optima Legal !!

 

I am still worried regarding the remittance/acceptance - They said they would escalate if they did not receive by COP 16th May ! But when i spoke to them they "vebally" extended this until the 18th May.

 

I doubt i will have the requested info back by them - What do you suggest i do ? Ihave been to the doctors today as i am worried of the toll this will take on the health of my and my unborn baby - they have advised rest for at least a week !

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Lea,

 

Thanks - A Recorded Letter has gone both to My Lender and to Optima Legal !!

 

I am still worried regarding the remittance/acceptance - They said they would escalate if they did not receive by COP 16th May ! But when i spoke to them they "vebally" extended this until the 18th May.

 

I doubt i will have the requested info back by them - What do you suggest i do ? Ihave been to the doctors today as i am worried of the toll this will take on the health of my and my unborn baby - they have advised rest for at least a week !

 

Firstly, try not to worry - your health and your baby are far more important than this shortfall. If you have no other property - there's not a whole lot they can do to 'escalate' the situation. Me telling you not to worry isn't likely to have much effect, but I can only try to assure you that the worst they can do is pester you to start making payments, (unless you own other property, in which case they might consider taking legal action to get a charge on that property).

 

In the meantime you may have to wait up to 40 days for the SAR information (did you remember to send the payment - the most they can charge is 10 quid?). If you didn't already include a paragraph in the letter you sent regarding disputing the amount owed, I suggest you send them a letter indicating as much (see previous advice above) and that you will not be making any offers of payment until you are certain of what they allege you owe.

 

Do not make any payments at this stage. I cannot stress this enough.

 

Please try to relax...you really ought to take your GP's advice and rest, you don't want the baby arriving too early!

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I agree with Lea. If they ask for the money again just tell them you're looking into the matter as you are not aware of this debt. Keep everything in writing, and if they contact you again just write and tell them that until they and their client comply with the SAR you are not even in a position to know if you owe anything.

 

They can't have what you don't have anyway

 

Do you have any record of the payments you made to your ex?

 

Above all, you and your baby are the important ones here, and no court will make you pay more than you can afford, so please don't worry. Worrying doesn't help anyone or anything.

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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  • 1 month later...

** UPDATE **

 

They have sent me breakdown of the £38K, Basically stating how much the house sold for Less their fees i owe £38K. I am unaware of how they have come up with a Starting Figure of £165K - I have asked again for a complete breakdown of everything - i have 12 weeks to go and this is becoming stressful to say the least !

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Don't let this get to you.

 

Have you had everything from your SAR?

 

What charges have been added, and was there any PPI?

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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