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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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welcome got CCJ/CO without my knowledge - help to set aside please


Andrew25
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no.

 

so they've gone via the back door and sent everything to an old address

 

get it set aside .

 

did you ever get the SAR done?

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no to be honest they accepted my £85 quite easily and when i was chatting with a friend at work

he said that the original CCJ doesnt show up because I agreed to pay it.

so they didnt like, enforce it or whatever.

 

So I never bothered with the SAR. Wish I did, was just reading that other welcome thread where it took the op months and then they only sent statements.

 

They havent sent anything to my old house. Its my parents, so I'm there all the time picking up mail as I havent changed address for my bank cards etc.

 

 

Really screwed me careerwise tho...

I was just about to walk into a Managment job finally, now I won't get the licence and probly wont even get offered the job :(

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your freind is wrong.

 

if you did not ever get a claim form or any docs from the court

before the cases

 

then you canget it set side

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh yeah of course I just reread thread and I discovered this.

 

So the original was a notcie of attachment of earnings. no doubt for the 5k odd they mention here.

 

And because I've missed payments in dec/jan (??) they have send it through for collection ? Even though I missed loads of payments between...

 

I'm just in the process of writing the CAPS people a very ****ty email that I will probly delete before I send. Surely they would have the sense to check up the balance on 5 year old orders before banging letters out to peoples employers ?

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There has to be a judgment in place to enable an Attachment of Earnings Order ( this is the enforcement) .

 

Regards

 

Andy

We could do with some help from you.

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well i found the old notifice of attachment of earnings thing, and it is the saame amount... can they do that? i would have thought they would at least have to find out what the balance is.

 

deleted images because i messed about with them and it went funny

 

 

I still kinda dont understand though..

 

so they take you to court, get an order (which mean i get a CCJ), then this would be the enforcement of the order?

 

but i never got told i was being taken to court, other than default letters i guess, do they count? but no actual notification.

 

Plus no CCJ showed up on that trust site or any of the CRAs... Maybe it will have now though :( just as it was getting slightly better.

 

 

And i still dont get the letter i got 21/12/11 from legal recoveries & collections LTD which stated:

 

"As you are aware our client obtained Judgement against you on 21/12/11 and the current balance is £1,704.05... (if they obtained judgement that day, how could i be aware?)

 

...You need to contact us to set up and agree a mutually acceptable payment arrangement to discharge the security the client holds on your property, which will remain in place until such time as it has been paid in full."

 

Anyway thanks for your help guys. I dont really know what to do now. I will ring the court I guess and see what they say. I mean surely they at least have to put the correct amount. Especially when they sent it to my damn employer.

 

An order for £900 odd is one thing and my boss would understand what happened, but jesus dropping a bill for five and half grand on his desk doesnt make me look like i can be left in charge of a £100k a night casino ...

Edited by Andrew25
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scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

*************************************************************

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Andrew you need to get the paperwork re. the recent claim.

 

If i'm reading this thread correctly either you never had a CCJ before or it was so far back in the past it has dropped off the system.

 

Anyway you only got a CCJ in Dec, this AoE is in relation to that Judgement.

 

Regarding missed payments Dec, Jan & Feb, this is immaterial, think about it for a second. How can they take you to court for payments you have yet to miss.

 

The good news regarding this, is that with the CCJ being very recent and the claimant used the old address trick, you can have this Judgement set aside on mandatory grounds regardless of the merits of your case.

 

But you need to start moving quickly on this, the clock is ticking, the longer you take to apply to set-aside the less chance you have of being successful.

 

Regarding your Job, dont worry about this, I have experience in this area. If you get the set aside granted, you can show them Judgement and tell them it was one big mistake by the claimant.

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def get a set aside moving

 

whats this £85 you keep stating

hope its not via a fee paying CMC?

 

get that sar off to welcome today.-URGENT

 

do it by recorded delivery

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks,

 

i just spoke to the court and the lady was quite helpful. she said i had to write into them stating i dispute it and the reasons etc. and that will buy me time.

 

What makes you say i got the CCJ in december though? the letter about the "obtaining judgement" was 2011 and im preety sure that was before i checked all CRAs and the trust site etc. which all came up with nothing.

 

which paperwork do i need to get? from the court? or do i just write them a letter (i can drop it in by hand today) stating basically everything said here ??

 

 

wow im so confused... thansk you so much for your time everyone

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well when i got the letter in dec 2011 i went on their website and did a income expenditure thing and offered them 85£ a month. Paid that up until the 1st of august. then we had to move out quickly, i had no money after deposit rent etc so i contacted them sayin i couldnt pay 1st september, i didnt know what my new living expenses would be but i would make token payments of £20 from 1st october until i sorted out my financial situation.

 

changed banks in dec, they said the would change over DD etc, but it was a SO and just got cancelled and I didnt notice (So much comes out of my bank each month)

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Andrew, just clarify to get it set aisde on Mandatory grounds you need to prove the Claimant was aware of your correct address.

 

Secondly, it's probably worth preparing a second line of defence that your dispute is with merit. It not unknown for the other side to argue the judgement shouldn't be set aside because you have no chance of success when the claim is refiled and the judge to side with them even though it should be set-aside on the mandatory grounds.

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also, yes i have nver had a CCJ... and as far as Im aware I still dont (althought it is becoming obv i do)

 

and they never sent anything to my old address. i moved in aug and notified LRC of this when I told them i couldnt pay for a month.

 

nothing has come to my old housefrom welcome LRC or a court

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Exact words on letter are "as you are aware our client obtained Judgement against you on 21/12/2012 and the current balance is £1,704.05. Our client's records show the last payment on the account was £105.75 on 04/04/2011. Effective immediately - please stop all payments to Irwin Mitchell."

 

 

According your post, you got a Judgement on the 21/12/12

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the letter is a notice of change of solicitor and tells me to stop paying Irvin and Mitchell and to instead pay LRC it says it is on behalf of welcome and LRCs solicitors Sharp young and Pearce..

 

09/01/12 i got a final demand from those solicitors, and 16th i got a letter from LRC sayin £85 a month was accepted

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andy

 

get that SAR sent off

 

it will give you the back ground info for the seta side.

 

it can take 40days so the quicker the better.

 

go catch the lunchtime post

you can get the £10 PO at the post office desk at the same time you RD it

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok SAR done and a letter to the court (although it is a bit long)

 

will go get them in the post...

 

 

Thank you all so much for your advice!

 

 

once more thing, do i need to SAR the companies I was paying on behalf of WF somewhere along the line? as im not sure I have evidence of all the payments I made. There are also two payments on one statement I have from WF with £302 of court fees for each, dated 10th and 12th of decembber 2008?? So why wasnt I informed about that?

 

Its all getting very strange

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all the payments should be ging to WF

so no need

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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