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    • 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 If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 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 756050. 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)     Thw 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 Firrst 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.  A 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.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      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.
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IND Court Claim Received


Kasier
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Hi. I’ve just received court claim from Robinson Way Ltd / IND. I used to have a bank account and credit card with HSBC but stopped using it since beginning of September 2006.

 

A few weeks back I received a letter from IND saying I owed over £6 for a HSBC Credit Card, then saying if I didn’t pay it would go to court which now I have a letter for that.

 

Please can someone help I have no idea what I need to do or what needs to be done.

 

Here is what the Court letter Says: (Date issue was 25th Jan 2012)

 

'The claimant is the assignee of a debt(s) from HSBC plc. Notice of assignment was provided to the defendant by the claimant in writing. Despite demand for payment the assigned debt(s) remains due. The claimant complied with section III and IV and annex B of the PD Pre-action conduct.

 

and the claimant claims:

credit card account number xxxxxxxxxxxx balance of 6,xxx as of x/x/07 interest under s69 of the county court act 1984 at the rate of 8% a year from x/x/07to x/x/12 of 2,xxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 1.44 and cost.

 

Thank you.

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Hi PGH7447, I dont' remember receiving one but i have moved a lot over the year so they may have sent one, the claimant is robscumway.

Edited by Kasier
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a side issue for now, but their claim for interest should prob be regarded as unreasonable, dependent on the circumstances. 5 years to start a claim!

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kaiser

if you are defending, then you would need to acknowledge your intention to do so online (if northampton) in time (v. soon?). you'll then get a further 14 days to submit a defence. more if you can then agree an extension with the claimant.

Edited by Ford
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IND don't seem to have Notice of Assignment for alot of these claims. The last letter before legal proceedings state, that they have been appointed by the DCA to collect the balance.

Now i havn't received my court papers yet,they will be coming shortly no doubt. Who are the solicitors in the POC acting for, the DCA or IND.

What im trying to settle in my mind is if there is no assigment to IND how can they claim the debt. If there is no assigment but they act on behalf of the DCA is that enough in court?

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IND don't seem to have Notice of Assignment for alot of these claims. The last letter before legal proceedings state, that they have been appointed by the DCA to collect the balance.

Now i havn't received my court papers yet,they will be coming shortly no doubt. Who are the solicitors in the POC acting for, the DCA or IND.

What im trying to settle in my mind is if there is no assigment to IND how can they claim the debt. If there is no assigment but they act on behalf of the DCA is that enough in court?

 

Good question - they appear on the scene with a letter before action and go straight to litigate, claiming that an assignment was issued from the OC to the DCA involved, and on the POC they are nowhere to be seen, I send a cpr and the solicitor just sent me the letter before action claiming that was the assignment, but of course it was not, so I dont really know what they are playing at, but I am damned sure I will inform the judge of this smoke and mirrors approach

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Yeh IND aren't named, Robinson way are. address for sending documents etc is for HEGARTY LLP?

 

If you scroll through all the Ind related threads, most people have stated that Ind are assigned to their debts and Hegarty are Ind's solicitor. With the cases where another DCA have appointed Ind to collect the debt in the letter before action it states make payments to Ind even though they're not assigned to It... Dodgy I must say, not to mention a good reason to report them to OFT!!

As regards to the POC's Inds name is not mentioned anywhere on the claim form, but Hegarty llp are!! and it states that if your to settle before judgement then make payments to Hegarty not the claiment (DCA) who is assigned! - So it makes me wonder if the claim was settled before judgement who gets the money, Current assigned DCA or IND!!

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Hi PGH7447

We have lightly touched this subject before. So on your court paperwork who are the claimants, Solicitor or DCA (obviously not naming them). What i understand then is that IND arn't named ?

 

The claimant is robscum and the sols are heggies, IND are not mentioned anywhere, I have since written to robscum with a without prejudice letter and they have said deal with IND, so who knows what they are playing at, and the only time I will deal with them is when I get to court, also people have said that they have called IND and the person who answered said they worked for Arrow, another debt collector, and people have rung heggies and got IND, all a bit suspicious if you ask me.

 

hopefully the complaints are racking up and the OFT take notice.

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Yeh its northampton, what would be the best course of action?

 

if you are defending then log on in time and enter your intention to defend.

some info re poss getting required info mentioned. http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here

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  • 2 weeks later...

what did you do? you've acknowledged service online MCOL? you'll then have a further 14 days in which to submit a defence. have a read of the links posted.

Edited by Ford
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as has been posted, there may be an issue re assignment and the agreement. so yes could do the the 31.14 request and see what they come up with.

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ensure that you request the 'notice of assignment' and 'credit card agreement' that have been mentioned in their particulars of claim. can also include the 'default notice', despite it not actually being mentioned (they can only refuse on that!) (also, a valid def notice (if applicable) would be required before there can be any court enforcement)

Edited by Ford
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tomorrow? maybe too late to get an extension. unless can arrange it with claimant via phone fax and then fax to court in time. but that may be cutting it fine. so, if defending, maybe do a 'holding' type defence in time basically saying unable to plead, claimant has failed to respond to your legitimate and reasonable request under cpr 31.14 for the required documentation ie agreement, notice of assignment, default notice? and has failed to agree to an extension as offered? see what others think?

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Hi Kasier

 

Oh bugger, no extension requested?

 

Bell the other side and follow up with an e-mail/fax tomorrow seeking an extension of 28 days to file defence, [you just need to quote the request is pursuant to CPR15.5] whilst they gather docs requested re; 31.14, include a reminder for the docs at the same time.

 

If you get a response by no later than say 13.00hrs file it with the court attached to a short covering letter stating case number and parties.

 

Failing that you'll need to get a basic defence filed in the afternoon, 16.00hrs is the cut-off so would suggest you get this sorted early rather than late afternoon. Below is a veeeeeeeeeeeeeery basic one, adjust to suit. Include an additional line [Fords post above] re: no response to CPR31.14 request, or extension request 15.5

 

 

 

IN THE (NAME) county court Case No

BETWEEN:

 

 

 

 

 

Give Claimant's Name (Claimant)

 

and

 

 

 

 

 

You - Give Name (Defendant)

 

 

 

 

 

 

DEFENCE

 

 

1 The Defendant denies that the Claimant is entitled to any of the relief claimed or at all.

 

2 For want of any or any adequate particularity apertaining to the allegations concerning the account/s, the Defendant's default, termination and its assignment the Defendant is embarrassed and unable to further plead to the Particulars of Claim.

 

I, believe the above statement to be true and factual

 

DATED:

 

SIGNED:

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Yep, that's it.... get their agreement in writing first then copy to the court for the ext of 28 days :-)

 

Don't rely on a last minute response from them though, make sure you get either the extension or your defence filed as early as possible tomorrow.

 

Gez

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