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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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Equidebt And Allegedly Breaking Fraud Act 2006


Equi
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I am having a little battle with Equidebt chasing a non existent claim on behalf of a company called Zestdew PLC.

 

After constant phone calls I sent them a nice long winded letter:

 

26 March 2011

FAO V Wilkins

 

Dear V Wilkins,

 

Reference no:

 

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to Zestdew PLC and I hereby demand that you provide the Loan Agreement between myself and Zestdew PLC.

I note further that Zestdew PLC is an affiliate of Lehman Brothers which has declared bankruptcy.

I am familiar with the Office of Fair Trading debt collection Guidance which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I am writing also in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I hereby request that these stop.

I now require all further correspondence from your company to be made in writing only and only if you can provide evidence as to my liability as requested.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded and notes taken as evidence.

Should it be your intention as you have warned to arrange a “doorstep call”, please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; such as the postman etc and this does not include doorstep collectors. etc, (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone from a doorstop collection service company to visit me.

I look forward to your reply.

---

So they replied saying all would be put on hold.

Two months passed and they got in touch by writing and enclosed a copy of a loan agreement. Sadly for them they supplied a Lloyds TSB agreement and nothing from Zestdew PLC.

They then sent a demand and threatened me with legal action.

I then contacted the Office of Fair Trading, Trading Standards, Action Fraud and in turn was listed with the National Fraud Intelligence Bureau.

This was then my turn once again to write to these people:

Equidebt Limited

Equity House

Ettington Road

Wellesbourne

Warwickshire

CV35 9GA

 

12th July 2011

 

Ref

 

To Whom It May Concern

 

WITHOUT PREJUDICE

 

I recently received a copy of a Loan Agreement which you sent to my address. You failed to supply any Loan Agreement pertaining to your NAMED CLIENT.

 

Further, there is NO SUCH COMPANY as Zestdew PLC. That entity ceased trading and rebranded itself as Zestdew Limited. Further, Zestdew Limited is IN ADMINISTRATION and the Administrators have not issued youany agreement to represent them.

 

Any portfolio which may have at any time been held by either of the companies named above has been returned to their originating supplier. Having already spoken to the Bank for which you supplied a copy of a Loan Agreement, I am to have nothing to do with you.

 

You have FAILED to provide any copy of a Loan Agreement from Zestdew PLC because frankly there is NO SUCH AGREEMENT.

 

I have an agreement with my Bank, not with any brokerage company which no longer exists. Your use of current legislation to obtain details of my financial status with the sole aim of trawling is abhorrent and will not be tolerated. I have a reference number from the Office of Fair Trading and a complaint has been filed with Trading Standards and Action Fraud and a complaint is being filed with Kent Police and the National Fraud Intelligence Bureau. Your further correspondence and my reply shall be added to this complaint.

 

Moreover attempting to acquire money through misrepresentation is a CRIMINAL OFFENCE. You claim your client is a company which DOES NOT EXIST. You threaten me with legal action by stating you shall pass to your Solicitors. I now give you notice I consider you have intentionally caused Distress And Alarm. I moreover demand you cease all further activity towards me, especially when you have the absolute audacity to threaten me in such a manner for a so called client which DOES NOT EXIST.

 

-----

 

Now move forward another week and I have just received a letter stating they are arranging a Doorstep Collection.

 

I shall be detaining this person under Section 2 of the Fraud Act 2006 when they arrive and demand payment.

 

I have a crime reference number. I have notified Equidebt in writing which they have ignored. Equidebt is subject to a OFT investigation. The National Fraud Intelligence Bureau has details of this case.

 

I think it is also time for civil suit for Distress and Alarm.

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this could be fun.....

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Those are very nicely written letters. Unfortunately, they are also way beyond the reading age of a DCA threat monkey (and especially Equidebt ones, who are particularly stupid - I know from experience :( ). Therefore the only response from them will be what you have already got, the next letter in the threatogram machine :rolleyes:

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Equi, this is great! if the doorstep idiot turns up hold him for attempting to extort money from you, I assume a citizens arrest still applies, and call the police.

 

I'm looking forward to this! I really hope he turns up.

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You can make a citizens arrest, but you may

not use unreasonable means to detain, and for no longer

than 30 minutes ( same rules apply to CPSO's):madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have left strict instructions with my family on what to do, as I have a business to run and may not be at the premises when they call. The Police Station is 400 yards away so 30 minutes is plenty of time, especially as I shall be calling on them Monday to advise them I shall make a Citizens Arrest as soon as the doorstep collector confirms they are at my premises on behalf of Equidebt and Zestdew PLC and have asked for financial settlement or financial arrangement. That is the specific offence under Section 2 of the Fraud Act 2006:

 

 

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

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All I have to do is get the doorstep collector to admit the activity is on behalf of Zestdew PLC (via Equidebt) and that he/she wants me to agree financial payment and the law has been broken. All because Zestdew PLC does not exist.

 

I also don't care if Equidebt read this forum thread (I hope they do). They are under investigation by the OFT and the NFIB now has an active case recorded.

 

The penalty FYI for contravening Section 2 of the Fraud Act 2006 is 12 months imprisonment followed by 10 years if they repeat offend.

 

 

 

(1)A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence).

 

(2)The sections are—

 

(a)section 2 (fraud by false representation),

 

(b)section 3 (fraud by failing to disclose information), and

 

©section 4 (fraud by abuse of position).

 

(3)A person who is guilty of fraud is liable—

 

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

 

(b)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

 

(4)Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

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  • 4 weeks later...

No doubt someone will get around to me. However I have received no further correspondence and no doorstep collector to arrest.

 

I can only assume their legal eagles know I have the law on my side on this one.

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A very ghostly silence nearly

a month, lets hope it stays

this way:madgrin::madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Without Prejudice:

A statement set onto a written document such as a letter, which qualifies the signatory as exempt from the content to the extent that it may be interpreted as containing admissions or other interpretations which could later be used against him or her; or as otherwise affecting any legal rights of the principal of, or the person signing.

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Without Prejudice:

A statement set onto a written document such as a letter, which qualifies the signatory as exempt from the content to the extent that it may be interpreted as containing admissions or other interpretations which could later be used against him or her; or as otherwise affecting any legal rights of the principal of, or the person signing.

 

I know what it means. I'm asking why you used it.

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So that my letter cannot be construed as my last word on the matter and opening the option for me to pursue civil suit for distress and alarm.

 

All it means (IMO) is that you can't show it in court as part of your proceedings, should you decide to take any or defend against any. People tend to use this term to try and sound legally savvy, without actually understanding what it means for them.

 

No offence intended.

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No offence taken. It can be shown as part of a chain of correspondence but not separately.

 

It also ensures that anything written can not be taken as accountable, for example the explanation to them as to why they are acting unlawfully.

 

Nobody likes being in debt but nobody likes bottom feeding parasites making the situation worse.

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No offence taken. It can be shown as part of a chain of correspondence but not separately.

 

It also ensures that anything written can not be taken as accountable, for example the explanation to them as to why they are acting unlawfully.

 

Nobody likes being in debt but nobody likes bottom feeding parasites making the situation worse.

 

I don't see the point then..... sorry. My own point was.... that a court (for example) should have access to all parts of your paper trail in this type of situation.

 

When you're fighting against any form of injustice, it's important to be able to account for everything you've tried to do to resolve things, otherwise you could be protecting the wrong person, if you get my drift.

 

:-)

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  • 6 months later...

This company contacted me today so naturally I googled them and this thread came up, I find it thoroughly interesting reading... I recorded the conversation I had with the woman, it's a bizarre conversation, I'm thinking of posting it online somewhere for people to hear, I will have to bleep out a few of my personal details of course. What was the outcome of this situation with Equidebt? They are claiming that I owe a company £375, I'm pretty scared to be honest.

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start your own thread please

 

see below

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

style="text-align: center;">  

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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