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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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Help! Husband's 18year old mortgage debt landed on our doorstep today. I'm terrified.


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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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BAD NEWS UPDATE

 

SS's have responded and I am afraid its not as clear and simple as i had hoped.

 

They say my husband apparently made a payment of £200.00 in June 2000 towards this debt.

I had secretly feared this would be the case because although i asked him outright at the start of this nightmare he was not as sure as he could have been.

 

The reason for this is that in 2000 the toxic marriage he was in was falling apart, he had been made redundant and was in the middle of a nervous breakdown.

 

Furthermore SS's state that they have a 'proposal on file from him of £1000.00 to conclude his legal liability on 27th October 2004 acknowledging his legal liabilty '

What does this actually mean????

SS's say the Halifax would consider 'a one off lump sum on a without prejudice basis and subject to negotiation will accept less than the outstanding balance'

or monthly repayments!!! yeah right!

 

obviously he is away again and i will speak to him about these developments but could i have some of your good help and advice please.

we simply don't have that sort of cash around or access to that amount, short of a lottery win!!!

 

is there some way we could say he wasn't in a fit state at the point of that payment, having a nervous breakdown and all or...

 

REALLY REALLY NEED YOUR EXPERIENCE HELP AND ADVICE NOW GUYS!!!!!

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Personally I would like to see a copy of ''the proposal''

as it seems he may have admitted in writing liability

for a ''share''of the debt ( legal liability as they say).

If you can get certified medical evidence of his

condition at the time it may well mitigate the situation

some what.

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You will need to SAR them, you also need to find out how this proposal was made, must be in writing as notes in accounts would not suffice, if they did every DCA that had SB accounts would write a memo note stating that a proposal has been made.

 

You also need to hopefully find bank statements from that period or at least find details of how that payment was made. You need specific info concerning it.

 

They could have fabricated the £200 payment in 2000 hopefully knowing that you either have no records to deny it, this gives them at least a year to try and get the money from him.

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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Brigadier

 

Don't you think that if DCA had any valid proof then why would they be offering a reduced figure as well as monthly payments? This doesn't sit right with me. Personally if I had all the proof letter admitting debt plus a payment in 2000 I would be off to court to seal the deal, not offering reduced payments.

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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That offer was made in October 2007 to the posters husband

in response to his admission to the liability the bank having responsibility

to mitigate may well have made a reasonable proposal for the repayment

of the balance at that time.

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!

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You can still use the statute barred argument and the fact that it is unreasonable of them to have a document from 2000 and not act on it sooner, I wouldn't mind betting they pressurised your husband on the phone into making an agreement, you need to ask them SPECIFICALLY for this document to check that the address ties in with where he was living at the time, and ask for the full details of the payment, it has been known for these payments to have been 'attempted' on the system -(in one case I remember the person concerned couldn't have made the payment as they were in Afghanistan at the time recovering from war injuries ..)

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I would suggest that you treat the information from Shoosmiths as being dubious.

 

Think about this. If there was a payment made in 2000 and correspondence in 2004, why has there then been nothing until 2011 ? I don't think this is because they found out the address following an unrelated parking fine. They would have been able to have found his contact details via his credit records, as I presume he had various financial arrangements in the meantime.

 

Suggest that he writes back asking for proof of the information that is contained in their letter. It is up to Shoosmiths to prove that the £200 payment in 2000 came from him and not from another source. If this ever went to court Shoosmiths would have to show that your husband had made this payment. Also in regard to 'proposal on file from him of £1000.00 to conclude his legal liability on 27th October 2004 acknowledging his legal liabilty ', why have they not sent a copy of this ? If this went to court they would need to be able to show this.

 

So just write back asking for the two bits of information. 1) Proof that the £200 payment was made by him and 2) a copy of the 27/10/04 proposal.

 

Keep it simple. Just ask for that information and do no more. It is up to them to provide the proof. No point asking his bank, as they normally can only provide statements going back 6 or 7 years.

We could do with some help from you.

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But a phone call in 2004 does not restart the SB clock, and I doubt that they have a recording of the conversation.

 

Unless I am wrong!!!

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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I would suggest that you treat the information from Shoosmiths as being dubious.

 

Think about this. If there was a payment made in 2000 and correspondence in 2004, why has there then been nothing until 2011 ? I don't think this is because they found out the address following an unrelated parking fine. They would have been able to have found his contact details via his credit records, as I presume he had various financial arrangements in the meantime.

 

Suggest that he writes back asking for proof of the information that is contained in their letter. It is up to Shoosmiths to prove that the £200 payment in 2000 came from him and not from another source. If this ever went to court Shoosmiths would have to show that your husband had made this payment. Also in regard to 'proposal on file from him of £1000.00 to conclude his legal liability on 27th October 2004 acknowledging his legal liabilty ', why have they not sent a copy of this ? If this went to court they would need to be able to show this.

 

So just write back asking for the two bits of information. 1) Proof that the £200 payment was made by him and 2) a copy of the 27/10/04 proposal.

 

Keep it simple. Just ask for that information and do no more. It is up to them to provide the proof. No point asking his bank, as they normally can only provide statements going back 6 or 7 years.

 

 

Absolutely! the proposal in 2004 would need to be in writing and if it's only notes on a file from a conversation that won't do.

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Hi Uncle, I reckon this may be a written admission

of liability and that's why the offer was made.

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!

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Hi Uncle, I reckon this may be a written admission

of liability and that's why the offer was made.

 

I doubt it. Why have they not provided copies. If you have a trump card and want to get money from someone, you play it now. They have not shown their hand, as they don't have one. It is all BLUFF.

We could do with some help from you.

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Unless if missed something I can't find earlier reference to

this admission and any request for a copy.

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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Unless if missed something I can't find earlier reference to

this admission and any request for a copy.

 

Relevance ?

 

As I see it. The OP's husband receives a standard debt letter, this is responded to saying it is SB'd, so Shoosmiths have a look at a summary record probably from a spreadsheet or basic log and they see it states the 2000 payment and 2004 proposal, hence their letter. The OP's husband had been through a turbulent period, so they may not remember. They need Shoosmiths to provide evidence.

 

Keep it simple I say.

We could do with some help from you.

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The onus is still on Shoosmiths (horrible lot) to prove that the debt is not statute barred and still collectable. I am wondering why they have a proposal for £10,000 they have not followed it through much earlier..... and the bits about legal liability sounds very much like their waffle trying to prove the unproveable.

 

They are still very much in breach of the CML mortgage code so a complaint about them is in order.

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+the letter means nothing

 

as for the payment.

 

yea ok, i wouln'td believe SS if they paid ME.

 

ask for PROOF of who paid that £200

 

never ever trust a DCA nor their 'tame' 'fake' solicitors.

 

game NOT over yet.

 

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

Don't forget there's the Mortgage Lenders code where they've agreed not to pursue shortfalls after six years.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?290234-Am-I-Liable-for-mortgage-losses&p=3264940&viewfull=1#post3264940

 

Also remember that Halifax ARE an MLC member, so aspiring to be part of this council but not adhering to its code of practice is a criminal offence under CPUTR 2008

 

Under this code the limit is 6 years not 12 remember - therefore, whatever they have in 2004, it's still too late.

 

I would be tempted to remind SS's of this CRIMINAL offence

Edited by rdm2006
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phew!!! lots to digest there.

 

Just got back from treatment at the hospital.

Husband is here but he cannot remember paying or agreeing, but why would they say these things if they were false.

 

by the way its £1000.00, One thousand not ten thousand that was the figure in 2004...would they have really accepted that?????

 

Incidentally the October 2004 thing is an interesting date as we were together then, very early days and we kept a record of what we did in those days,..(.rekindled love story after oodles of years)

i feel some rummaging is in order,and some husband interrogation.

 

i need to know what to do next, could we have a poll?

you guys have been so fab...i would like your advice.

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Hi, get to it just might turn up something useful, including happy

memories, have a good rummage: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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Just a repeat of advice from earlier.

 

Suggest that he writes back asking for proof of the information that is contained in their letter. It is up to Shoosmiths to prove that the £200 payment in 2000 came from him and not from another source. If this ever went to court Shoosmiths would have to show that your husband had made this payment. Also in regard to 'proposal on file from him of £1000.00 to conclude his legal liability on 27th October 2004 acknowledging his legal liabilty ', why have they not sent a copy of this ? If this went to court they would need to be able to show this.

 

So just write back asking for the two bits of information. 1) Proof that the £200 payment was made by him and 2) a copy of the 27/10/04 proposal.

 

You can do a bit of rummaging, but I would have thought that one of you would have remembered making such an offer. Did they not write back or was this not received, as he had moved address ?

 

In regard to your earlier comment about Shoosmiths making information up. It might not be the case, but an error on their part. Perhaps they have been provided with garbled data from Halifax and they have confused this information with another case they are chasing. ( I am giving them the benefit of doubt that it was an error and not a falsehood)

We could do with some help from you.

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