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    • Thank you all for your help/advice/responses.   I saw the car briefly yesterday - Unfortunately while I test drive cars properly on any normal day, the dealer had a number of covid-era rules and one of them was a max 15 min drive.  From the 15 mins, the car seemed fine and still has 6 months original manufacturing warranty so I'm fairly safe.  Body/interior was also fine - I accepted the car BUT...   Today I was told the balance after the part-ex (car) + the £99 deposit (credit card) can only be payable via BACS and not card.  They (Sytner group) have a £2000 limit by chip and pin.  I vaguely remember this with my current car but while they were happy to BACS on the day, Sytner need it 2 days before/latest day before.   In response to Homer67 - is this the case? Am I being silly going for BACS or is this normal practice now?  I doubt Sytner will be folding anytime soon so no real risk of the money going into a dark hole ( I hope)
    • Ok, so do you think court will be sending me a letter next for my statement?
    • I'm sure we can help you – I don't really understand the full story and I'm afraid that I still need to ask you to set it all out in a bullet pointed fashion without too much narrative. Looks to me as if you had two fridges and you've been let down and both of them and fobbed off on each one for some reason or other. You suffered losses including loss of food and you seem generally to have been mucked around. However, you need to tell us the story concisely. It seems that there are two stories so why don't you post one story about the first freezer and what happened and then post the second one. It may well be that we can help you recover compensation in respect of both of them.
    • well it looks like people are wrong here and i am confused as why i took so long to get a simple answer (and just beating around the bush) and as per PP they normally cancel on first appeal when challange.....   From PP forum   9 (2) (a) No period of parking. Moving in front of a camera, by definition, is not parking. 9 (2) (e) Invitation to keeper is not there in the required format 9 (2) (f) Notice of keeper liability is incorrect. Here's POFA: https://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted Dear Sirs, I have just received your Notice to Keeper No. xxxxx for vehicle VRM xxxx You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records. Yours etc First class post with free certificate of posting from a post office. The other POFA fails will go into the POFA appeal if required.
    • you cant raise a section 75 against a retail, you have no credit agreement with them under the said Consumer Credit Act 
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Turnball Rutherford Solicitors have just delivered a Stat Demand for Statute Barred Debt** DISCONTINUED**


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How can it not be SB if I know that I paid in either Dec 2004 or Jan 2005????

 

Even Jan 2005 would be SB as Jan 2011 is six years and the CCJ was awarded in June this year 6 years and 5 months on???

 

Am I wrong in assuming it is statute barred then. I know for a fact I have not paid anything since this period 2004/2005 and definately no later than the January of 2005.

 

Sorry but getting really concerned again

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That would make it SB but do try and get confirmation from Barclay's

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just looking......... i will help when needed....... LW

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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Hants, follow our instructions and all should be well. Phone Barclaycard and find out last payment date, who sold to and when.Phone court get copy of N1 and N24.Ask court the claim and Judgement amount.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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According to the Stat demand HFO Capital Limited bought the debt on the 31st January 2008, off of HFO Cayman who bought the original debt on 14th June 2007 from Morgan Stanley. I stopped paying Morgan stanley in either December 2005 or Jan 2006 am trying to dig out some old paper work on this.

 

The Stat Demand is from HFO Capital Limited

 

Thanks again everyone

 

Er, according to you, you last made payment in December 2005 or January 2006. That is what you posted.

 

Pardon me, but it is NOT SB in that case. Make yer bloody mind up.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hants your account was bought same date as mine, I made my last payment early 2006, I was defaulted Sept 2006, I would guess yours is not SB.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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I feel a theory coming on as to why they have gone SD route rather than enforcement. Part claim, perhaps, so could only enforce for a small amount? Will discuss with the fan club.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hants, forget the SB issue for now – there are more important things to find out. Call Northampton at 8am Monday and find out these things:

 

(1) The address the claim was sent to

(2) When it was issued

(3) The particulars of claim, if they'll tell you

(4) The total amount of the claim.

 

Request a copy of the claim form.

 

Number 1 and 4 are possibly the most important facts you need for now.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Especially number 4.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Er, according to you, you last made payment in December 2005 or January 2006. That is what you posted.

 

Pardon me, but it is NOT SB in that case. Make yer bloody mind up.

 

Sorry definately 2004 or Jan 2005 , typo on the years. bit panicked thats all

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Well, find your evidence, quick. You're past they stage where they have to prove it's not SB. We have to deal with provable facts, I'm afraid – not guesswork! Can you prove this?

 

To get a set aside, we'd also need to show why you did not receive the claim form.

 

With a bit of luck, 42man will join and help re the SD set-aside.

 

No need to panic - just need to collate the facts with evidence.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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A thought - if you do not have the court claim number but have £8 go to Trust Online and see if there is a CCJ http://www.trustonline.org.uk/, this will also give you the number which you can quote to the court to get the papers, as has been said do not worry!

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Trustpnline will also tell you the amount of the CCJ, which is what we need to know!!

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A thought - if you do not have the court claim number but have £8 go to Trust Online and see if there is a CCJ http://www.trustonline.org.uk/, this will also give you the number which you can quote to the court to get the papers, as has been said do not worry!

 

Nice post CD, could well be worth £8.

US President Barack Obama referred to Ugland House as the biggest building in the world or the biggest tax SCA* in the world.

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Is the Case Number on the section listed under the Judgment on the SD not the claim number then?

 

There is a number that starts 1QC53XXXX is this not the claim number? I'll try Trustonline shortly and see what that brings up.

 

Thanks again everyone.

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I have just gone to Trust Online and the report shows no more details than I already have on the SD. It says the issuing Court is Northampton the ammount is for £8424.71

I guess this is the £8104.71 + Costs of £320 as indicated on SD.

 

One obvious thing that has arisen is the address shown on the Judgment is completely wrong with only the House name and Post Code being correct. They have not put down the correct village, nor my road name and have even got the Town wrong? All I know is that if I sent a letter to the address as it is currently entered i'd probably not recieve it. I live very rural and my actual address is very detailed. The SD was hand delivered so if you go by some Sat Navs it will take you direct to our door, if you go by the address provided it takes you to a neibouring village.

 

Just a warning as to how HFO got my details, they got them from Linked in so I'm guessing they do not have my address as on Companies House it only shows my House name and Postcode as a Director, the company address is my accountants. They did say to my client when trying to ring my contract place of work they found me on Linked in now removed.

 

Ok the Trustonline has confirmed the court case number as on the SD as 1QC5xxxx and the ammount. It does not say who e.g. HFO Capital and under status it says unsatisfied judgment what ever this means???

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That is really useful! So it has been sent to the wrong address which would indicate why you did not receive these! You need to contact the court and get the copies of the original claim and judgement

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hants38 you could also send an envelope to your self RD useing the address from the trust on line.makeing sure you put your right address on the back for undelivered mail to return to that way you can prove to a court that you would not have got it and not just your say so.

PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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hants38 you could also send an envelope to your self RD useing the address from the trust on line.makeing sure you put your right address on the back for undelivered mail to return to that way you can prove to a court that you would not have got it and not just your say so.

 

Do not think that you have to go to that extent! You just need to show that there is adequate reason why you did not receive the papers AND you have a reasonable defence which you were prevented from submitting, which is probably the most important bit.

 

Court paper are not send by RD and are very often not delivered for what ever reason.

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I will give that a go, All I know is when others have put in just the house name and the wrong village it gets returned to sender. Couriers that deliver to us nine out of ten times will go to the other village as the house also has the same name. They often have to phone and I have to direct them. The problem with living so rural I guess.

 

A good indication of how hard my address is to find is Trust Online did not even recognise it and almost all prefill addresses on websites do not have it listed. When I first moved in both BT and Southern electric said my house did not exist on their systems.

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I'll speak to the court tomorrow and to Barclays in Office hours. Once I have the Court info and Barclays (Morgan Stanley) details will one of you help me fill out the Appeal forms for the SD 6.4 and Afidavit 6.5

 

Really good info so far and very much appreciated

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I'll speak to the court tomorrow and to Barclays in Office hours. Once I have the Court info and Barclays (Morgan Stanley) details will one of you help me fill out the Appeal forms for the SD 6.4 and Afidavit 6.5

 

Really good info so far and very much appreciated

 

Certainly will! Hopefully we can locate 42man

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