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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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Am I obliged to tell landlord/agent I need to claim HB on a property I am trying to rent?


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Hi thereI need to move and am finding it very hard to find a place to live that accepts people on DSS, the only friend I have has very kindly lent me some money for a deposit and has tried finding me a place but when he informs the prospective landlord about benefits I am told they do not rent to DSS tenants.My friend suggested lying or not saying anything to try and get a place this way.I am getting increasingly worried and depressed at my situation, I am on long term sick with a severe back problem and have no family apart from this friend who has been like a saint but I can't keep turning to him for help because I don't want him to get fed up with me.Thank you

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no you dont HAVE to tell the LL about the HB payments, but you will have to answer questions about income etc. and get refereces and they may do credit checks.

So will probably find out anyway, so if you tell porky pies that wont get you a place either.

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I'm sure I was once told that DSS payments can affect the land lords' mortgage?

 

Pretty sure thats complete rubbish. File it in the urban myth bin with "credit reference agencies blackball addresses"

 

  1. Many mortgage lenders DO NOT allow their customers to let to benefit claimants - fact, not myth.
  2. Many insurers will either not cover properties let to clamants (Direct Line for example) or charge more (the majority of the rest)

MARONE: You don't have to tell the landlord if he doesn't ask. If he asks and you lie, you could be evicted under Section 8 of the 1988 Housing Act (Ground 17). If you lie, and the landlord financially suffers (say from 1 or 2 above) then you could become liable for that loss.

 

I have written this webpage for people in your situation. http://tenancyanswers.ucoz.com/index/renting_on_benefits/0-55

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No you DON'T have to declare HB but as above you lay yourself open if you lie.

LL will eventually find out as you should be required to provide AST to HB who may then contact LL to confirm you are a current T at that address. Blame ID theft and the ease of 'modifying' & reprinting scanned docs.

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Carpet Cleaners, slightly inaccurate. Council can require LL to provide name of T (fraud prevention) this does not breach DPA. Council will not provide LL with Ts claim details without Ts DPA consent nor can LL ask if Mr T has submitted a HB claim. LL can legit ask Council if any HB claim has been received for his property

and the Council would have to say Yes or No if LL was known to be property owner.
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Carpet Cleaners, slightly inaccurate. Council can require LL to provide name of T (fraud prevention) this does not breach DPA. Council will not provide LL with Ts claim details without Ts DPA consent nor can LL ask if Mr T has submitted a HB claim. LL can legit ask Council if any HB claim has been received for his property
and the Council would have to say Yes or No if LL was known to be property owner.

 

But the whole point of HB being paid direct to the claimant instead of the LL is precisely to combat unfair discrimination against people on benefits by Landlords - ie because your paying him, he will not know you are on it...

[sIGPIC][/sIGPIC]

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One of my tenants has told me he has claimed housing benefit and noone from the housing benefit office has ever contacted me.

 

I don't think that LL knowing about tenant's housing benefit claim counts as "unfair discrimination" - while it fortunately wasn't a problem to me, my tenant's rent was late by a month a couple of times because of problems with the claim.

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But the whole point of HB being paid direct to the claimant instead of the LL is precisely to combat unfair discrimination against people on benefits by Landlords - ie because your paying him, he will not know you are on it...

So nothing to do with paying HB to T & allowing T to keep the diff if they found a cheaper property, then, a few years back.

 

HB is allowance to T, granted and some LLs did cash in with direct payments and not telling Council when T vacated, many other LLs lose out because Ts spend HB on other things rather than rent. Nothing to do with discrimination IMO as many full time workers can claim HB and still avoid paying rent. Most Private individuals are exempt from DPA, I believe, otherwise everyone would have to pay & register for storing info in their email contacts or paper address books.

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I can understand that a tenant may not wish to tell a landlord about a claim for HB,but

 

When a Tenant claims HB,on the HB form you have to supply landlords address,failure to do so and councils can refuse to pay HB.

 

but they cannot contact the LL without your consent............ data protection act....

 

Councils at any time during a claim for housing benefit,can legal contact a landlord without the tenants permission to confirm tenants details and so on and to prevent Fraud.

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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I moved into my rented property (private landlord) in November last year and we were paying rent, in January this year our situation changed and we had to claim JSA and along with that HB/CTB.

 

My landlord has NEVER been contacted about it and the payment is made directly to me. The only problems I can see you encountering is if you are reliant on the money initially then you would go in arrears which is certainly not a good start. HB is paid fortnightly in arrears.

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Concils need to see he tenancy agreement which would have the LL address, but they still cannot contact LL without permission.

they may be able to IF they have cause to think something untoward is going on. but if addressess and names tie up why would they.

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Part of a quote

 

Sharing information with your landlord

 

Sharing information with your landlord could help us

deal with your claim more quickly and reduce the risk

of you falling behind with your rent because of your

claim being delayed.

We may need to confirm information with your

landlord before we can make a decision on your claim,

for example, the start date of your tenancy.

In these circumstances, we can contact your landlord

without your permission.

The law requires that we inform your landlord of

certain decisions we make on your claim, for example,

when a decision is made to pay your benefit to your

landlord.

From a Housing benefit claim form HCTB1

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Perhaps not all Claim forms are the same:

in Cormwall it says- Part 37 of Claim states; Under the data prtection act, we need your permission to share informstion we hold about you, if you give us permission, we would be able to tell your landlord; if we need more information to make a deceision on your cliam and what this information is.

You then have to sign and tick whether or not you give permission.

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Perhaps not all Claim forms are the same:

in Cormwall it says- Part 37 of Claim states; Under the data prtection act, we need your permission to share informstion we hold about you, if you give us permission, we would be able to tell your landlord; if we need more information to make a deceision on your cliam and what this information is.

You then have to sign and tick whether or not you give permission.

 

Incorrect,All Housing benefit claim form HCTB1,have to be the same

 

The part where it refers to data protection act is to do with tenants person details..

 

Councils cannot give information to LL,Like why is the Tenant claiming HB,are they on JSA/ work part time/low income,sickness benefits,tenant personal details...

 

Ok the council dont always contact a LL all the time,But councils can contact LL Without the permission of the claimant,to prevent Fraud...

 

Councils have a legal duty to protect taxpayers money.

 

If councils where not allowed to contact a LL,because the claimant said No,HB fraud would be rive

 

Any one could type a tenancy agreement using word

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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In our area, in order to claim housing benefit the landlord or letting agent has to complete a form that has to be submitted to the HB department before any benefit is awarded.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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The Landlord form in this area is separate to the claim form. We are also paid 2 weeks in arrears.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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