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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

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

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hfo letter received-help please


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Lets hope they do-it`s the only just outcome-amazed and annoyed that they are allowed to even pursue this far and in this manner.anyone reading my defence in reading my in relation to their claim can see its an open and shut case.Yes to OFT have spoken and liased with Polly Ashford all info now being dealt with by Adele Rentsch she has hard copy of permission to disclose and bear witness. Will stick to guns re court and yes open to advice-just hope i don`t have to in the nicest possible way!!!!if my divorce was anything to go my standing your ground does work-going against barrister and solicitors advice paid off and standing up for what i believed and what was fair won through on the day-lets hope so!!!!!!!!!!!

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Could be worth calling their bluff and sendin a new CCA with a new £1 postal order - photo copy the postal order once it has been filled out and keep as evidence along with proof of posting, and reciept at their end, but this time send it to Turnbulls and enclose a copy of the original request.

 

Could idea! Think that you also sent a CPR request which they have ignored

Please support CAG and they will support you.

donate

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I think its safe to say they have ignored every request i have sent them and indeed disputed such requests by means of `no postal order enclosed`after i sent chase up letter to original cca req. The original request unfortunately for them is dated by the post office in the form of a printed receipt which clearly states date and payable to HFO services.Enough said eh!! They have been sent receipt number and given the opportunity to receive a copy of the receipt.

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  • 2 weeks later...

hi , have now recieved court allocation questionnaire from northampton county court and have also received an allocation questionnaire and defence to counterclaim from TR .

In section G of there questionnaire ( other information ) the amount they are now claiming has dropped by a considerable amount as it states that all interest that they were originally claiming is now to be disregarded and as a result the claim should now be allocated to the small claims track . Advice for next steps please .

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hi , have now recieved court allocation questionnaire from northampton county court and have also received an allocation questionnaire and defence to counterclaim from TR .

In section G of there questionnaire ( other information ) the amount they are now claiming has dropped by a considerable amount as it states that all interest that they were originally claiming is now to be disregarded and as a result the claim should now be allocated to the small claims track . Advice for next steps please .

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hi , i have received an N150 from Northampton cc , and a N149 from TR .

There defence to counterclaim states that ,1 in the absence of fully particularised counterclaim , the claimant is unable to establish the case it has to meet and provide any form of defence , 2 the defendant is labouring under the misapprehension that he is required to issue a counterclaim based upon his request to defend himself against the claim for monies due under the regulated credit ageement .

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What planet are TR on, it is not for you to establish the reasons THEY are taking you to court, it is for THEM to establish that they can.

 

No 2 is completely wrong, at least to my limited understanding of the law, you have a complete right to defend yourself, without counterlaiming (you have nothing to counter claim for anyway if the debt has not been established to be yours) and if the credit agreement was regulated, where is it?

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its ok Donki i am now devising my next letter to the justice department , at the moment i am in a tizwas and its pandomonium

BRITISH TELECOM ggggrrrrr

i have a contract with them that was arranged on the 8 oct and was confirmed in writing and by post the contract states

your broadband starts on the 10 oct 2011. speed 8 mb

your package is broadband and calls

your contract is for 12mths starting on 10/oct/2011

BT TOTAL BROADBAND OPTION 3

Broadband and Calls........................£23.00

Special Offer Discount......................£-10.00

your special discount lasts for 12mths

 

so i then receive a letter last week telling me that this deal is no longer and to ring them and revise my account.. i have been with bt broadband for the last 20 years ever since it first came out so they have rung me several times and they at one point two days ago threatened to pull the plug on my broadband , i have never defaulted nor missed a payment i have never been late so why they change , well it gets better they want me to cancel my landline calls from the post office who we have been with for over 7 years this is the crux of their arguement i am to cancel my landline with the post office otherwise the deal/contract i have with them is null and void ?

here is the last letter i have received since todays arguements all over the same thing again let me know what you think

will start a new thread when i sus it out how to lol dementure my brain is starved of oxygen an i forget things lol any i digress here is what i have just received Hello Patrick,

 

Thank you for taking my call today.

 

I’m really sorry for the problems you’ve encountered with the billing of your BT broadband service. I can see you’ve tried to sort this out we’ll make sure lessons are learnt here. Sorry.

 

What I’ve done

 

I have checked your BT account today and I can confirm that as you do not have a line and calls with BT, we can only give you a standalone package for BT broadband option 3 at £21.60 per month. If you returned your line and calls to BT we would be able to get you a package at a good price.

 

The outcome of our conversation comes to an end at, I can supply you with BT broadband option 3 at £21.60 per month (New 12 month contract). However due to you being advised you would get the service for £13.25, I am willing to credit you the difference per month at £8.35 over a 12 month period totalling £100.00.

 

On your BT bill you will see the full rental charge of £21.60 if your accept this however a credit of £100.00 will be applied to your account to cover the difference on your 12 month contract.

 

I’m hoping everything’s OK now, but if there’s anything I’ve missed, just give me a call on 01977597831 or drop me an e-mail ([email protected]).

 

As you might be really busy right now, and I don’t want to hassle you, I’m going to keep things open until 23/12/2011 just to make sure everything’s OK. If I don’t hear from you I’ll close things down this end.

 

I hope everything's done and dusted, if you need to talk to me, you know where I am. Otherwise, our customer services are always happy to help on 0800 800 150. And you can get all the latest BT news from

 

Best wishes

http://www.consumeractiongroup.co.uk/forum/showthread.php?330594-Bt-telecom-want-to-cancel-my-contract-i-am-refusing-help-urgent

Edited by patrickq1
STARTED NEW THREAD DONKI AND SILLY G PLEASE HAVE A LOOK NEED HELP TIME IS OF THE ESSENCE OR SOME AT LIKE THAT LOL
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  • 1 month later...

Hi all, despite our best efforts court date has arrived for beginning of March for small claims track need some real help now as out of depth-need to get all docs to court by end of Feb-they have dropped all interest so amount if just under £5k from £7.5k.Still absolutely gutted and advice greatly welcomed..........................

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