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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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    • 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.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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


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The riots in London and other places

government buildings are sure to be targeted

I think.

but as Uncle Bulgaria correctly pointed out , there are no chav designer goods available there, and i doubt the people responsible are capable of stringing the thought process together to make the connection...

think Homer Simpson wanting some peanuts but finding 5 dollars instead!!!

 

My OH was watching the action and said there a few older organising the younger..?

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It's terrifying we have lots of relatives

in North London, so constant worry.

 

Brig.

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Pictures in the papers this morning of

young kids making off with looted goods,

I think it's time for Government to declare

a state of emergency as America did after

the floods and hurricanes, then looters

got shot on sight.

Most other countries would not sit back

and look for someone to blame, and considering

the Human Rights of the looters and arsonists.

 

 

END OF THE RANT FOR TODAY:-x:madgrin:

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The riots in London and other places

government buildings are sure to be targeted

I think.

 

 

My OH was watching the action and said there a few older organising the younger..?

 

According to the Daily Hate they haven't targeted the dole offices so business as usual.

 

No doubt it will be well orchestrated by some middle class anarchists, a bit like football hooligans.

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No doubt, theres already been mention of gangs

of very young kids being organised to loot.

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It's terrifying we have lots of relatives

in North London, so constant worry.

 

Brig.

 

But as a Brigadier we can put you in charge to sort the problem out !

 

We did this during the last foot and mouth outbreak, which worked very well.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Iv'e a sneaky feeling that we might see TA brought

in if this escalates further.

MP's patrol here on a regular basis with the ''County Mounties''

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Brilliant, A few corporal Jones' would I think be far

more efficient than our politically correct police force (oops mustn't say forces any more) SERVICEs:madgrin:

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hello all, glad to see you've been having fun whilst i was away.

Loooove the pic!! is it my imagination or does Pike look older there then he does now???

Anyway letter posted , as ever first class recorded.

So i expect the next developments will be next week, or at end of this.

I will let you know what happens, if thats ok, and ask your advice.

Now how to plant the seed that the newly released Raebok/Burbery Combination tracksuit/hoodie/cap are being stored, pre launch,

at a certain office block in Northampton....

Twitter anyone??????

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Why mention CPUTR 2008 then ? They will be aware of their obligations to meet certain legal standards. They are a law firm who have been around for decades. It is a pity they have joined the debt collection world, but then so many others have also done so.

 

The OP is going to ask for documentary proof of the information Shoosmiths say they have and that is all they need to do at this stage.

 

A simple mention of the CUPTR does not constitute an accusation. Sometimes making these people aware that we are aware of our rights makes them think twice. Having dealt with shoosmiths myself they may be aware of their obligations this does not mean that they will not try it on if they think you/we do not.

 

Put it in the letter or don't it makes no difference to me, but keep the knowledge that it is there.................

 

To me, there are two arguments

 

1. Without proof of the documents you say you hold (which, i might add, they will have to send to P.O.D.(under civil procedure rules [CPR] if they wish to rely upon it in court) then the argument is moot.

 

2. SS is acting for Halifax who are members of the C.M.L. The CML code of conduct says it will not pursue after 6 years. therefore it is an unfair practice to pursue the debt. The info they say they hold is beyond this 6 years again SS's argument is moot

 

 

or use them both together

 

that is all I am saying

Edited by rdm2006
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Dear RDM2006,

 

Please be aware that Halifax would also be infringing the CML code of conduct and as such, as you claim to be representing them, you should inform them of this.

This was included in the last letter sent under Uncle Bulgarias advice, so does that cover what you said in your last post?

 

under Civil Procedure rules Please explain????

 

and i think what you mean to say is that their argument would be MOOT ie: Law Without legal significance, through having been previously decided or settled

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Sorry I do mean moot (senior moment corrected) CPR - Civil Procedure rules - quickest explanation

 

The court requires both parties to have done certain things before appearing in court, one of which is to have supplied each other with all information each party intends to rely upon. (This should be done at least 2 weeks before)

 

and yes that should be ok

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  • 2 weeks later...

Update Update Update...is anyone still out there???

 

Sorry to be so long in getting back to you kind folks but i have been waiting since posting the letter on the 9th August for SS's reply.

Anyway i have just received it, dated 23rd August.( Do you think the lovely lady dealing with this has been on holiday??? lucky her, we haven't had a holiday for years!:sad:)

 

It was a very thin letter and basically stated that they have referred my 'queries' (i think they mean request for evidence of their allegations) to their 'Client' the Halifax and will be back shortly with the requested information.

 

So what do you think? the letter seems to suggest that it is the Halifax themselves that are chasing my OH, didn't someone say on here that that is considered extremely bad practice after 6 years by some code or ombudsman? CML?????

 

Any ideas what, if anything I should do next???

 

Over to you,

(Please don't take this wrongly, but in the very best way, its been nice not being on here every day!!!:-))

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I suspect SS don't have much info from the Halifax so they have gone back to them and you will hear something at some point. But this may take some time. From what I have seen in large financial services companies, is that their records are a mess.

 

My gut instinct on this, is that in a months time your OH will receive a letter saying that the matter has been closed and that you will receive no further correspondence from them.

We could do with some help from you.

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I doubt very much if you will hear anything at all - it will dawn on someone at Halifax that it's SB'd and that will be the end of it :)

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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I doubt very much if you will hear anything at all - it will dawn on someone at Halifax that it's SB'd and that will be the end of it :)

 

 

Awe come on........I believe in giving most people the benefit of the doubt that they have got a modicum of intelligence.... but that would be stretching it a teeny weeny bit too far. :lol:

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let's assume they're going to have difficulty in finding proof of who made the payment, where and and when - after 11 years :)

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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