Jump to content


  • Tweets

  • Posts

    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Help needed with requesting documents and also requesting a time extension from solicitors.


CCJ_Worries
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4534 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Good afternoon,

To keep the posted updated in the hope it may become useful to others.

 

After completing the N149 form as suggested by Andy, I received last week a General Form of Judgment or Order from the local county court, it contained the following:

 

IT IS ORDERED THAT

 

1. The claimant do file and serve by 4 pm on the 15th November 2011 full particulars of the claim to include the date on which the agreement was entered into and full details of the terms.

 

2. The defendant do file and serve by 4 pm on 29th November 2011 full particulars of his defence.

 

3. The file be then put back before a District Judge for further directions.

 

One question someone may be able to answer will the particulars of the claim as point 1 be sent to me by the court?

 

Thank you.

Link to post
Share on other sites

  • 2 weeks later...

Good evening group,

I could do with some assistance again. Pretty please.

 

I received this weekend the following from the local county court.

 

"IT IS ORDERED THAT the defendant do file full particulars of his defence at the court office by 4pm on 29 November 2011"

 

I have not recieved from the claimant any information at all never mind the Particulars of Claim of his claim as previous requested when I filled the N149 (post 23 of this thread).

 

What do I do now?

 

Thank you.

Link to post
Share on other sites

Ring the Court tomorrow and ask if the claimant as complied with the order of xxth to resubmit its particulars and if they have ask for a copy as you have not received it and need to submit a particularised defence by the 29th as per their order dated xx (this weekends).If they have not complied then we will make application to strike out.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thank you Andy,

 

I managed to speak to the court this morning after being unable to get through yesterday.

 

The claimant has submitted something on the 16th November (a day late, which I did question but the lady said being just a day late they wouldn't do anything about it) which the court is now going to send me a copy of.

Link to post
Share on other sites

Ok CCJ

 

Well just post when you are in receipt of the new P.o.C

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Good evening, I received the new POC today which is a page long and contains 10 points. The document is in the main as the claimant puts it an outline of events such as how the process occurred the time frames.

 

The claimant does not include full details of terms as order by the court.

 

I feel fairly confident I can answer each of these points the claimant has raised.

 

What else should I include with my defence?

 

Should I include the fact that the claimant hasn't followed the civil procedure rules i.e not issuing a letter before action, not responing to disclouser request and not sending me a copy of the new POC?

 

Thank you again for any assistance.

Link to post
Share on other sites

Better to post the new P.o.C CCJ lets see what they plead.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Good morning Andy, here is the full POC. I have just typed it as it was.

 

ON the 25th January .... emailed me about a proposal for ... to build me a website after I mentioned I was wanting one built during a meeting with friends

 

During January December 2010 .... met with me to discuss a website ... could build for and said it would cost £250

 

On the 1st February 2010 I received an email from .... with a few template idea for the website. I chose a design for .... to work with

 

I received instructions about content and homework that ... would need from me for the website and this process continued over a period time to add detail and pages for the site.

 

I had to register with fasthosts to buy a domain and ... would then use fasthosts to host the domain, or At least that was my understanding.

 

I am not sure of the date when the site when live but I paid ... after a request for payment on the 25th August 2010 then again on the 2nd August, I then transferred the money £250 by BACCS I have the emails to back up these requests.

 

I am not happy with the site as it was slow to load and the look of the site was far from adequate and I wanted a more modern fresher look to the site and I gave ...... examples of sites of other people in my industry.

This was on 11/09/10 by email.

 

... put together a banner and menu which was more to my satisfaction and a basis to get the look that I wanted for my website however, that's where it ended as I had to add my own content and everything else, and ...... blamed my computer skills for not being adept enough to build my site, which was rather shocking as I had paid .... to build the website not do it myself.

 

Anyway my patience had run out so after numerous other emails and txts I decided i wanted a refund so I could use the money towards a professional website builder. I have most of the emails on my computer for the court to see and have printed out some copies enclosed with this outline of events. I feel totally let down and misled by ..... and put my faith and trust in ... only to be badly let down and feel I am absolutely justified to have my money refunded.

Link to post
Share on other sites

Thats the Claimants PoC?

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

They don't actually state what they are claiming or what you are in breach of.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

You will have to resubmit a particularised defence by said date/ Order.The Claimants P.o.C is hilarious and there is no agreement to breach.

Should be quite simple. CPR Part 16 - Statements of Case PD 16.2 & 16.4 as a basis.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Sorry to be pain Andy but I don't want to mess it up. I have read the CPR sections suggested, thank you.

 

Having read CPR 16.5

 

Should I answer each point the claimant has raised in the P.o.C

or

write a general defence stating that I unable to deny or admit the allergations as CPR 16.5 (1) (B)

or

something else which I haven't thought of yet.

 

Appreciating your help as always.

Link to post
Share on other sites

I would go with 2, the PoC is poorly expressed and doesn't really state a cause of action.Don't get into a tit for tat otherwise it will be perceived by the DJ as a domestic squabble.On an amount of this nature and being SCT I'm pretty sure the Court will direct mediation, then you can argue it over a table in chambers.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

No problem CCJ I would be delighted to.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi Andy,

Would this be OK. I was surprised at how difficult it was to write this. Any thoughts appreciated.

 

The Claimant has not provided any allegations in his Particulars of Claim dated 15th November 2011 rather it is merely their version of the facts which is inconclusive and factual incorrect in places. The Claimant has stated that they want a refund but has failed to provide the basis on which this is drawn or provide any proof. Due to this I am unable admit or deny any allegations in this defence.

Link to post
Share on other sites

Hi Andy,

Would this be OK. I was surprised at how difficult it was to write this. Any thoughts appreciated.

 

The Claimant has not provided any assertions or cause of action in his Particulars of Claim dated 15th November 2011, it is merely their version of the facts which are inconclusive and factually incorrect in places.It is averred the Claimant has failed to state on what basis this claim is made, has failed to provide the basis on which this is drawn or provide any proof. Due to this I am unable admit or deny any allegations in this defence.

 

Just a few tweaks:wink:

 

 

Regards

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 1 month later...

Good morning,

I received just before Christmas a “Notice of Allocation to the Small Claims Track (Hearing)” letter which states that the

 

“District Judge has considered the statements of the case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 10:00 AM on the 26 March 2012....

Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing and copies of the written statements of themselves and their witnesses (if any) no later than 16 January 2012.”

I am a bit confused now, since I entered a defense stating that I couldn't enter a defense as per previous post what I am suppose to do now.

As always help is much appreciated.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...