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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.
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      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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Need help (Old-CodJA) Urgent plz


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Help Plz

 

I'm sure the guys will be along when they can, but you will need to bear with us please. You've only been here for a few days and I'm sure people are doing their best when they can help. They're usually here in the evenings.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Oc i have already sent a letter to london underground saying sorry and requesting them not to take me to the court and after 2 months sending them that letter i received summons from court. now i need to send the mitigation letter to the court along with the form i received with the summons having the option to plead guilty. plz tell me something like above to write in that mitigation letter to the court plz bro

 

 

I think you are misunderstanding the position now. If this goes before the Court, the Magistrates cannot arrange an out of Court settlement.

 

The Magistrates will only be concerned with deciding whether you are guilty of the charge or not

 

If you are still trying to settle this without Court action, you have to attempt to get the prosecution to agree to this before the date of the Court hearing.

 

If they do not agree, you have to either plead guilty or not guilty and put your case to the Magistrates accordingly. From what you have told us, I cannot see how you can honestly plead not guilty.

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Oh dear i think you did't read it properly or it might be my mistake that i was't able to make you understand. I am telling you brother that i want to accept my offence before the court and for that i have to write my mitigation letter to the court. i just need your help for that brother that what should i write in that letter to the court by which i could plead guilty and also request for leniency in decision.

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i am not talking about out of course settlement brother i am just talking about accepting my offence before court by letter because summons which i received are telling me that i don't need to go in person to the hearing if i wish i could just send in a letter of mitigation

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So far as I can see you can only say 'sorry to the court and give your apology to the rail company'. Make sure that you have filled in the 'statement of means' form correctly and explain your financial circumstances.

 

You can do this by letter and they will take that into account, but the Magistrates alway give credit to the person who recognises the authority of the Court and attends the hearing and says 'sorry' in person.

 

The reason that I suggested copying your appeal letter to the Court Legal advisor was so that they can see you have already attempted to mitigate the offence and apologise to the rail company. The rail company are not forced to accept your offer.

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Brother can you plz suggest me some wording for the letter to court like you suggested for rail company. Plz i will be really thankful i am so scared of the court and the judge plz just give me some words i will be so thankful to you.

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Brother can you plz suggest me some wording for the letter to court like you suggested for rail company. Plz i will be really thankful i am so scared of the court and the judge plz just give me some words i will be so thankful to you.

 

I am sorry if this reply is not what you want to hear and this is not meant to be harsh, it's just a case of putting things into perspective and ensuring that you learn from the experience. In my view, the best way to do that now is to understand that your actions got you into this and it's your actions that will get the best result for you in the end.

 

You have sent me two personal messages asking the same question in the last few hours and I make quite clear that I am not going to write your letter to the Court for you.

 

I have no problem explaining the procedures for people and explaining ways by which the effect of being reported might be mitigated, but I am not offering a free representation service nor will I do anything that appears to condone fare evasion. Using someone elses Freedom Pass in order to avoid a fare is stealing from the public purse. I have explained what you could try in order to see if you could avoid Court action for a first offence and have explained that the rail company did not have to agree. Clearly, they did not agree to that option and it is their right not to do so.

 

You now need to admit your guilt and to say 'Sorry' to the Court in your own words.

 

If I (or anyone else) were to write your letter for you it would have little or no value in my view. There is no point in me writing a letter of apology in language that you do not normally use just for you to copy it out with no evidence of sincerity.

 

You now have to accept that the prosecution is justified and say 'sorry' to the Court and Rail Company, sincerely and in your own way.

Edited by Old-CodJA
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Dear Old-CodJA,

 

Why need 'cc to Magistrates Court'? Thanks in advance?

 

Best regards

 

Sorry folks, have been tied up with lengthy Courts days and other 'distractions'.

 

Will reply to PMs shortly.

 

It is never too late to find the right words to seek a settlement before the hearing. Sometimes, it might be possible to do this on the day of hearing, but it is always best to try as early as possible after you receive the first letter.

 

SRPO is right in that it seems London Underground are intending to proceed to prosecution, but that does not necessarily mean all is lost.

 

You don't say what date the hearing is and you don't need to, but if you have a few days to go I would write a letter along the following lines:

 

'I recognise that using my cousin's pass was wrong, but I am very sorry for all the inconvenience I have caused and wish to apologise to the staff concerned and to the rail company.

 

I have never been in any trouble before and am hoping to complete my studies with a clean record. I am very worried that a conviction for a first offence will have a very detrimental effect on my future likelihood of employment. I am asking you to allow me to pay any fares and your full and reasonable costs that have been incurred by my silliness in order to settle this matter without Court action'.

 

I can assure you that I shall never travel without a valid ticket of my own again

 

Send a letter by recorded delivery to that effect to the prosecutors' office and copy it to the Court Legal Advisor.

 

Make sure that you show 'cc to Magistrates Court' on the bottom of your letter to the prosecutor.

 

They are not obliged to accept it, but you may find that you get a chance to settle this matter. Do not rely on it and make sure that you write straight away and do not forget to sign your letter.

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I already answered that here on 08th December.........perhaps you missed it.

 

The reason that I suggested copying your appeal letter to the Court Legal advisor was so that they can see you have already attempted to mitigate the offence and apologise to the rail company. The rail company are not forced to accept your offer.
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Try calling them and ask for the manager or the assistant manager. I have spoken with him today he is a really nice guy. i am going through the same situation. There are so many wonderful people on this forum who are trying to help you. thanks

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