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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)  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

No Money V Barclays ***SETTLED IN FULL***


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I don't bloody belive this!

 

I sent of my AQ and court fee on the 26th Oct, I rang the court today to see what was going on and they said that they have not got it?

 

I sent it recorded so i rang the royal mail....

 

"sorry sir we don't know what we are doing :o , on my system it's shown as undevilvered but it's not lost until the 14th Nov!!!" (well i can sleep at night now knowing that it's not lost!)

 

Fantastic, so i ring the court back and i now have to go to the court to fill out a new AQ and give them a new court fee.

 

What's to point of paying extra to send something recorded if they can't even track it?, the kid on the other end of the phone said "we don't promise to deliver your post sir!"

NO MONEY :-|

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Well i've been down to the local court and filled out a new AQ and gave them the £100 court fee, I asked what date my case will be heard, they said about 15 weeks!

 

So about mid Feb 07' then... Gutted.

 

How long before they ask for my bundle? Any ideas?

NO MONEY :-|

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When I spoke to my local Court two weeks ago, they too mentioned 14 to 16 weeks but things have changed slightly in that Barclays cases in South and West Wales are now sent to Cardiff. there is a preliminary directions hearing scheduled for the 21st of December but whether mine will be listed in that remains to be seen.

 

Furthermore, when I spoke to the clerk regadrding the bundle, she said that if it was needed, they'd tell me when to supply.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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Rang the court today for an update.

The lady found my paperwork and said that the judge had looked at my case and made some notes on the file. The lady said that they were not easy to read but this is what they said…

The Judge has set a date for the 8th Jan 07 (At the moment)

The judge has sent off for a report by the OFT?

The judge is waiting for the results of a test case? :shock:

Test case? OFT report? Anyone enlighten me?

NO MONEY :-|

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The Office of Fair Trading are looking into the issue of Bank Charges at the moment and are expected to report early next year so the Judge may have a bit of a wait.

 

There are test cases scheduled to be going on in several places but the Banks are yet to turn up at one. They are settling before it gets that far. So that's another wait for the Court.

 

Out of interest, what Court is your case scheduled to be Heard at?

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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I recived a letter from the court today, I don’t understand it?

“All partries having agreed

District judge............ orders that this claim is stayed until the 8th Jan 07 to enable the parties to attempt to settlement.

On or before 22ns Jan 07, one of the following steps must be taken:

Either

The claimant must notify the court that the whole of the claim has been settled: (see note (i) belowe)

Or

The claiment or defendant must write to the court requesting an extention of the stay period, explaining the steps being taken towards settlement and notifying any mediator, expert, or any other person helping with the process. The letter should confirm the agrement of all the other parties. (see note (ii) belowe)

Or

All the parties must file a completed AQ at the court. Where a settlement of some of the issues in dispute has been reached, a list a list of those issues shold be attached to that AQ. The list must be aggreed with the other parties and must indicate that is has been agreed.

Date 9th Nov 06.

Note (i), where settlemet of the claim is achived before the end of the period of the stay, the following will be taken to include an application for the stay to be lifted:

(a) an application for the consent order to give the effect to the settlement

(b) an application for the approval of the settlement where one or more of the partyies is under a disability: and

© the filling of a notice of acceptance of monies paid into court, or an application to accept ,monies paid into court out of time.

Note (ii), extentions to the peirod of stay will be no longer than 1 month.

Ipswich county court.

This order has been made wiothout a hearing under the courts case management powers contained in rule 3 of the civil proceedings rules. If you object you must within 7 days of the service of this order, apply to the court to set aside or vary the order under rule 23.(10). You must file with the court and serve on the other parties an application that sets out your reasons for objection."

What?

Why should i have to try and come to some sort of agreement with them, unlike most others on this site I only ever recived one letter from barclays (that was after the first request letter), since then nothing, no phone calls, no letters, no e-amils, no nothing.

How do I object to this?, i'm so angry at the moment, they have had months to contact me.

Please help an angry man....

NO MONEY :-|

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..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi pauldean,

I'm keeping a close eye on your thread as my hubby and I both have claims in with Barclays at Ipswich CC. We've handed in our AQs and now waiting for court dates.

Good Luck and keep us posted.

At home with the Barkers

 

AB

30/9/06 Barclaycard Moneyclaim for £216 + int...Acknowledged 05/10/06..Deadline 28/10/06

13/10/06 Capital One LBA letter sent for £360

9/10/06 NatWest LBA letter sent for £1875

 

HB

30/9/06 Barclays Moneyclaim for £205 + int...Acknowledged 05/10/06..Deadline 28/10/06

13/10/06 Capital One *SETTLED* £60

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Written a letter to the judge asking for the stay to be lifted using jonni2bads link, very helpful.

I attached a list of cases (with case numbers from the litigation concluded forum) that have all been settled in full before they ever got to court.

There are 474 at the last count, I couldn’t cut and past every last case number so I just made a list of the first 76 (this month and last) and explained that I can, if the court so wish, provide the claim numbers of the other 398.

I hope this works because I don’t want to wait until next year to get my money back.

Thinking about all this- it’s a joke…The county court system is supposed to be easy and user friendly- it’s not.

Has anyone out there had a stay lifted?

NO MONEY :-|

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I have posted another letter to the court with a list of all the other cases this year (bar a few) that have been settled out of court.

I’m at work at the moment and the court is just round the corner so they will have two letters from me in the morning waiting for them.

Again- anyone had a stay removed?

NO MONEY :-|

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  • 3 weeks later...

Good news: :rolleyes:

 

Well I got the stay lifted at last!

 

Bad news: :-(

 

I wish I hadn’t has I have to wait even longer than before, the lady at the court said the case has been listed with all the other bank charge cases! What sort of date am I looking at I said, end of Feb 2007 she said. Gutted. Just when i’m on holiday.

 

This is just getting stupid. Yes I am in a very bad mood today, just didn't expect that all this would be such a long process. :evil:

NO MONEY :-|

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I did try and chance my arm with antony lomeardi at Barclays to see if they would settle, well it worked for Welshman? :-|

 

Didn't work for me :Cry: . He was a nice guy and said as soon as I have a court date then give him a call back and then they might look to settle once all the changes have been comfirmed on my account.

 

Just need the court to pull there fingers out now, why why why wont the courts do the right thing, they know that none have got that far so why why why don't they just issue court dates, that way it's off their books? i'm still so shocked at just how un-friendly this county court system is on the little guy. :evil:

 

Still not happy.

NO MONEY :-|

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I think it's important that no-one phones them UNTIL they get their Court Dates. If they get inundated by hopefulls before that they may spit their dummies out of the pram and stop settling by phone.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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  • 2 weeks later...

Letter from the court: :o

 

The court has set an allocation hearing for the 2nd Feburary 2006.

 

It says that the court will either...

  • stay the claim pending a test case involving the defendant.
  • give directions for this case to be made a test case and if nessessary allocating the claim to the multi track for that perpose.

It also says...

  • not less than 14 days before the hearing the defendant must file with the court and serve upon the defendant details of any test cases, the decision of which will determine the issues in this claim or draft directions for this case to go ahead as a test case.
  • the claimant can make any representations to the court not less than 5 days before the court date.

Thats good right?

 

What do i do now, should i ring Barclays and see if they will pay at last, make representations? If so what representations? What is an allocation hearing anyway?

 

A bit confused now.

NO MONEY :-|

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An allocation hearing is basically for deciding what court (County Court, Mercantile Court) & track (small claims, fast or multi track) that the case is going to be allocated to. I believe that the judge can also make case directions at the allocation hearing too - certainly seems that way from your court communication.

 

As far as I understand it, "make representations" usually means sending written arguments to the court for them to rely on if you can't attend the hearing. So, if you can't attend in person, you've got until ~27th Jan to get your representations sorted & into the court.

 

Remember, you can always ring the court if you're not sure - I've found my local court very helpful to me as a "litigant in person".

 

BTW: "not less than 14 days before the hearing the defendant must file with the court and serve upon the defendant details of any test cases" - defendant filing & then serving the defendant? :confused:

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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Yes i didn't get that last bit either?

 

So, do nothing and just wait until that court date then, barclays wont turn up- will they? and again, should I ring them and try and force them to settle?

 

All my prperwork has been ready for ages now, it's been sitting near the window side so long now the paper has gone yellow :lol:

NO MONEY :-|

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Yes i didn't get that last bit either?

 

Ok, you really need to get the court to clarify that then...

 

So, do nothing and just wait until that court date then, barclays wont turn up- will they? and again, should I ring them and try and force them to settle?

 

It's up to you really - I don't think you can "force" them to settle, but it looks like it wouldn't hurt to give them a gentle nudge towards settling before the court date...:)

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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I would ring the court but there's a problem with that... they don't seem to have a clue what they are doing!

 

The phone rings for 10 minutes....

 

After getting though to a 12yr old you ask a simple question and she keeps you on hold for ten minutes again and then answers "i've asked the girls and we think that we don't know maybe errrrrr yes thats right i'm sure we don't.. thanks, can we help you with anything else sir?" :|

 

Anyway, I will ring back and closer to the time i might ring that man from barclays to see if he will play ball.

NO MONEY :-|

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I would ring the court but there's a problem with that... they don't seem to have a clue what they are doing!

 

The phone rings for 10 minutes....

 

After getting though to a 12yr old you ask a simple question and she keeps you on hold for ten minutes again and then answers "i've asked the girls and we think that we don't know maybe errrrrr yes thats right i'm sure we don't.. thanks, can we help you with anything else sir?" :|

 

Anyway, I will ring back and closer to the time i might ring that man from barclays to see if he will play ball.

 

Nice :rolleyes:

Try writing instead? Or speaking to a court manager?

 

Cheers

 

Michael

Please note that the right to reproduce any part of any post I make on this forum is restricted under copyright law.

 

Please see the following copyright statement

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