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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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    • 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.

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Debt_mountain vs Cabot


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Well, now that I am back and have had a great and refreshing holiday in the sun, its back to business.

 

M&S sent me a copy of the "original" "goodbye letter" as proof the debt had been passed on to Cabot. Only problem was that they forgot that at the time the debt was allegedly passed on M&S Money didn't actually exist, it was still M&S finanial services, so Cabot have made a very large boo boo.

 

I say Cabot made the boo boo as I beleive Cabot have prepared this frankenstien letter faxed it to M&S (it has their fax number on it) and M&S have passed it to me as an original.

 

The date the debt was allegedly passed to cabot was before M&S money became a company so Cabot have used a current version of the M&S headed paper to produce the letter that M&S are saying they sent me at the time of assignment.

 

I have added this into the response I sent to the defence they have supplied for my claim.

 

Then I got a new order from the court saying that the judge has passed this case to the Newcastle court and marked it as "Chancery Business".

 

Just need to see what that means now.

 

Look like it may be leaving the small claims now but the judge looks to be taking it very seriously.

If I have helped click my scales....

 

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Hiya DM - seems your judge is seriously looking at these clowns? :D :D

 

This company should just give up and hold their hands up and put right the wrong they have been doing - cause they really are in deep "pooh" - like they say "what goes around - comes around" :D

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Hi Elizabeth1. Yes, I have had dealings with the same Judge on 3 other claims and he is excellent and very fair, but I have been reading up some of the info on Chancery and they are the court who also review, and I quote the HMCS website "The Division is increasingly involved with financial regulatory work and Director disqualification and Professional negligence.", so my unspecified claim for damages (limited to £3000) may be defined by the court.

 

found here Information about - Chancery Division

 

but the transfer to Newcastle will please Mrs DM as she likes a little shopping at the Metro centre, so hopefully the hearing will be one of her non work days and we can claim the expence of a stay over in a hotels too;)

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It's a very tempting thought that they are in for the big kibosh but sadly I think there are too many unwitting consumers out there who will cough up at the first load of frighteners landing on the doormat. But I do love the way y'all winding these toerags up. It's simply magnificent.:D :D :D

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Hi DM,

 

 

Seems like your case will now go in front of a judge that does know something of the consumer credit act etc.:)

 

This could be the beginning of the end for Cabot!:D

 

 

Best wishes, Jeff.

 

 

Well here's hoping this is so Jeff !!!

 

Looks like they need to adjust their ways and start playing a cleaner game?

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Hi DM,

 

This could be the beginning of the end for Cabot!:D

How could I live with that on my conscience.......easily.

 

Lets see what me learned friend asks for us both to provide. My responce to their 10 page defence was 16 pages long, so he has a little studying to do.

 

I also sent in a draft order for him to concider which basically asked that he order a legible copy of the Agreement (not an application form), copy of all T/C and any other reference document and of course proof of what was assigned to them from the original lender.

 

I have also informed the original lenders what is happening and that if Cabot continue to say they don't have the rights and the duties then they too will be dragged along to help out.

If I have helped click my scales....

 

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OK. Let's talk hypothetically now. Just assuming a Debt Purchasing Company DID become deceased.

 

What would hapen to their Big Book of Accounts?

 

 

 

They might then find their way into the hands of a highly respected DCA, which would treat their debtors with the utmost respect, and would collect any payments owed in an outright professional manner!;)

 

 

Jeff.

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They might then find their way into the hands of a highly respected DCA, which would treat their debtors with the utmost respect, and would collect any payments owed in an outright professional manner!;)

 

 

Jeff.

 

Perhaps NUFC will win the premier league this coming season as well!

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Less chance than the Palestinians and Israelis sitting down to a slap up pork chop barbecue together. With plenty of booze to wash it all down with.

 

Well done Iain

 

Couldn't have put it better myself.

 

Ian

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Update

 

M&S have now come back and said they ARE the creditor!!!!, I think they are a little behind the current claims and backlash, but I am happy to invite them to the party down in Chancery court.

 

they also stated that they give Cabot permission to use their headed paper....ouch... that will probably hurt when my new found Chancery pal reads it.

 

Is it called chancery because they a a bunch of chancers????

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I was made a settlement offer yesterday but it was not even worth considering plus had a non disclosure, I then sent a counter settlement which was very quickly rejected.

 

I have also sent letter to the court (and copied my pal Dean Spencer), as ordered, to give an update on the discussion we are having. I have explained we are sharing info but need further directions. I offered 1 direction order, to order Cabot to supply the sales and assignment agreements for each account as this is critical in moving forwards.

 

I also attached a little process list of what the Cabot Group do for us consumers (quite a disgusting little suite of companies and practices when looked at like this):-

 

 

Process for debt collection performed by Cabot Financial Group of companies.

 

 

 

Step

1. Original Creditor sell the debt to Kingshill No 1 Ltd for approx 10% of its face value

2. Original Creditor claims a refund of corporation tax on this remaining balance of the debt as a bad debt

3. Kingshill No1 Ltd purchase these debts in bulk without first verifying if they are enforceable and have all of the required information to ensure they can be collected legally and ethically.

4. Kingshill No 1 Ltd pass the account information to Cabot Financial Europe Ltd to collect the debt in full.

5. Kingshill No1 Ltd also take over the Original Creditors information being shared with the Credit Reference Agencies and where no information was being shared or a “default” was not already registered, they register the account as "defaulted" without first ensuring that an agreement exists that gives the debtors permission to share this personal information.

6. Cabot Financial Europe Ltd print a letter on the Original Creditors (not the a Cabot Financial Group company) headed paper saying the debt has been sold to Cabot Financial Europe Ltd and any future communications and payments are to be with Cabot Financial Europe Ltd

7. Cabot Financial Europe Ltd then print a letter on their own headed paper saying they are the new owners of the debt and they have to be contacted to make arrangements for payment of the alleged debt.

8. Cabot Financial Europe Ltd then start a process of continual letters and phone calls to try to collect the alleged debt

9. If Cabot Financial Europe Ltd fail to make an arrangement or make contact with the debtor they will then pass the debtors personal information to other third parties to try to trace the debtors. This can also include a land register search.

10. If Cabot Financial Europe Ltd do make contact and start to receive payments they then pass the debtors personal information onto another of their group of companies called Morley Ltd who are a sub prime mortgage lender.

11. Morley ltd have been supplied information that Cabot Financial Europe Ltd have obtained from performing a land register search to show there is likely to be equity in your property.

12. Morley Fuding Ltd is a dormant company ready to pounce when the housing markets crash, but another Cabot company may then offer you a secured loan to pay your debt to Kingshill No1 Ltd via its collection agent Cabot Financial Europe ltd.

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The fact they want non-disclosure and are not trying to come to a serious settlement is a bad move for them.

 

Once the info is in court it is in the public domain unless ordered otherwise by the Judge.

 

So I would say its a lose lose situation for them. I will not accept a NDA and the court will probably not order my silence.

 

Getting quite exiting now.

 

come on Mr Chancery give us some orders.

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The fact they want non-disclosure and are not trying to come to a serious settlement is a bad move for them.

 

Once the info is in court it is in the public domain unless ordered otherwise by the Judge.

 

So I would say its a lose lose situation for them. I will not accept a NDA and the court will probably not order my silence.

 

Getting quite exiting now.

 

come on Mr Chancery give us some orders.

 

 

WELL - LET THEM ENJOY THE "CONTROL" WHILE THEY STILL HAVE IT - Because it won't be long now before this falls around their ears?

 

Like you say it's not a serious attempt to settle - which is shame on them - they will be worse off for their lack of efforts.

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I was made a settlement offer yesterday but it was not even worth considering plus had a non disclosure

 

 

are you able to say what you were offered?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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and before i forget, make sure the OC gets hammered as well

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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At the moment I will not share this as I am at a stage I do not want to give any info that may P off the judge if he were told about it. You never know how low Cabot may have to go.

 

Sufice to say I couldn't have retired on it.

If I have helped click my scales....

 

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re post 168

 

cant believe that this cannot be made even more public that just this site

 

it should be a sticky at the very least

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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