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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.
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Oc tax write off debts query


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hi all i recently read that when a debt is defaulted the OC claims through their insurance and is paid out - that debt is wrote off against tax - therefore the debt no longer exists !!! can anyone confirm !!

so if the debt no longer exists how then can dca vultures continue chasing the debt when it no longer exists?? is this not fraud??

 

Theories welcome.......

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Do not know if this helps but saved this on one of the threads I picked up on this site.

 

If they have wrote off the account and claimed VAT Tax relief, then they cannot sell the debt - the issue is proving they have claimed the tax relief.

 

In section 2.2 of the HMRC Reference: Notice 700/18 (December 2002) it states that a creditor who has met the condition of placing a debt in a “written off” account cannot sell the debt or assign the debt having claimed “bad debt relief”.

 

Tinks

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Hello twofoot

 

By selling the debt off at a loss, they are effectively claiming back losses against corporation tax. and in doing so are writing the debt off.

 

Whatever DCA purchasing this debt has IMHO no right to demand a collection of the original amount owed as this has been reclaimed from taxation on profits.

 

Husband of Christena

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It's an interesting proposition, but how can it be proved?

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If you look at any profit & loss account for any business that has written off any bad debt you will find a heading called "Bad Debt write off" under business expenses.

 

This will not show you what particular debts have been written off but will be a total of what was written on in that fiscal year.

 

Husband of Christena

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I wonder if in the case of banks and credit card companies if The Freedom of Information Act would be of any relevance?

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Sorry, my knowledge is rather limited although am learning day by day!

 

I would add that any bad debt claimed has to be provenly exhausted by means of collection.

 

If a CCJ is recorded on this debt then this is sufficient enough to prove it is uncollectable by the OC.

 

Husband of Christena

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This is very interesting. I made a full and final settlement over the phone in 2007 (a month before I found this site so stupidly trusted the OC). Hadn't heard a thing since (no SOA or DN) to inform me there was a balance remaining. Account disappeared from all 3 CRFs at the time. The alleged remaining balance has now been sold on to a DCA. I have no intention on paying it of course but the information could add to my argument.

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Suppose giving HMRC a ring couldn't do any harm as do not think they would be best pleased at a company that has claimed bad debt relief and then sold the debt on as well, but like Husband of Christena stated it would have been in bulk for the year rather than individual debts.

 

Maybe HMRC would not be able to divulge any info to you due to DP but might point you in the right direction I honestly do not know, but all I do know is if a company had claimed bad debt relief for a debt then sold it on then surely their has to be some accountability to someone and an audit trail somewhere..

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HMRC would have no idea of what bad debts would have been claimed against profits.

 

HMRC, should they wish to know the individual details of the bulk figure would have to demand disclosure of this figure from the firm of accountants that produced the accounts.

 

Husband of Christena

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I might do some investigation on this to see if there is some kind of letter I could send the OC asking if they obtained any tax relief on this alleged balance. Something similar to the letter asking a creditor under CPUTR 2008 if they hold a copy of the original agreement.

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Didn't the billions we as tax payers paid to the banks go towards paying for toxic debts? We certainly gave the banks billions for something and IMHO that has removed the moral compunction to go without food to pay back our debts.

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HMRC should be able to quote law & regulation affecting this.

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I wish I had a "Legal" mind.

 

How to prove that a debt which has been written off legally can still be enforceble as being recoverable by a DCA.

 

The phrase "The law is an ass" comes to mind.

 

Husband of Christena

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I wonder if in the case of banks and credit card companies if The Freedom of Information Act would be of any relevance?

Nope, that Act only covers pubic bodies & even then only in certain cases.

 

http://www.ico.gov.uk/for_organisations/freedom_of_information/application.aspx

 

http://en.wikipedia.org/wiki/Freedom_of_Information_Act_2000

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Hi Cerbs don' we own most of the Bl**dy banks perhaps they are now public bodies or am I

into wishful thinking again?:madgrin::!:

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Perhaps sometime in the future all banks that write off debt should be forced to enter details of write off's on a "Debit File" accessable to the public. This in turn could be used as factual evidence should one of the DCA piranahs come along - sorry to any fish reading this - not wanting to liken you to a DCA !

 

Don't think the banks would want do this however after some of the cock ups they have made.

 

Husband of Christena

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Accountability maybe honesty NEVER:mad2:

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  • 2 weeks later...
I wish I had a "Legal" mind.

 

How to prove that a debt which has been written off legally can still be enforceble as being recoverable by a DCA.

 

The phrase "The law is an ass" comes to mind.

 

Husband of Christena

 

I am a bit puzzled about the apparent confusion surrounding this matter.

The way I see it is,if you have arrears, and then you get a the statement from the creditor which states "Closing balance £0.00" and "Minimum payment due (minimum payment plus arrears) £0.00", and then you get no more statements from that creditor, then as I see it, that debt has been written off, and that is an end to it.

What often happens is that 6 or 7 months later - after a clear 6 0r 7 month break with no contact from anyone- you get a letter from Cabot or another DCA sayiong that they have just bought your debt, then in that situation they have unfortunately bought a debt that does not exist anymore. - you were clearly told by the OC that you have no further payments due on that account. end of story.

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