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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.    
    • 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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      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.  

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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.
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      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
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hello everyone and help, bad landlord


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hi all, my name is karen i am a 39yr old mum of three and a unemployed nurse,, i came on here looking for some advice and see that many people have experienced bad landlords once in a while, here is a bit of my story see if anyone can help,

i have recently moved out of my old property and my ex husband gave my landlord a months rent and what we thought 550 deposit,, however it only came to light that he had put nil on the tenancy agreement,,, wasnt sure at the time but its just over 4 wks on and i have txt and phoned and emailed him, the only time he responded was when he wanted to know if my new neighbours had moved in,, he was a awful landlord who wouldnt do any repairs but i have chased him and chased him over the ?? depsit i have finally just spoken to him and he stated " i never said you wouldnt get your money back!" and i dont hold it in a public holding scheme i said 28 days because i had to request it being drawn out thats why is says nil on ur tenency agreement,,, and u will have ur money in the next few days but i really dont believe him, he has told my new neighbours that he calls it first month and last month rent and deposit holding schemes are too much hassle,, he is a terrible liar and a fraudster, has anyone experienced this is so what did u do about it,, and is there such a thing as first month and last month,, as i was under the impression that any money above and beyond your rent had to be declared. I have been to see a solicitor who says that he will write to him then i have to apply to small claims court to recover my money,,, i think it is so wrong that people can just walk away with someones money esp with 3 kids unemployed and a single mum, they have no scrupples

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Hi karen

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

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Sometimes a landlord will keep the deposit if its the same as a month rent to cover your last month at the property but that is only if you agree to do it that way.

 

If you have paid your last months rent up until you moved out then he has no reason to with hold your deposit.

 

As far as i no the landlord depost scheme is now law for landlords and they must use then, even though they don't like to. It stops them putting it in a high interest account of there own and using it to to get more money from it..

 

Does it say anything in your tenancy about deposit being paid?

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hi sorry not sure if my message went throu,, he was very careful with the wording now when i look back,,, he didnt use the word "deposit" but made us believe it was,,, i have paid my rent even for the last month and can produce the bank statements if it goes to court, he has told my new nieghbours something very different than he has told me,, it was only wheni started to enquire with the holding deposit companies and ask for a ID number did he start to get funny and actually! responded to my texts saying lets sort this out before it becomes somthing its not!

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You should find that now your chasing him and asking for the id number for the deposit holding scheme he will sort out the deposit you gave him as he can get into a lot more trouble than its worth to be found out that he's been holding it in one of his own accounts.

This is why the scheme was set up, so landlors can not make any money on deposits they hold..

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hi thank you so much, does it matter tho that he hasnt used the word deposit?? he is a very arrogent man who thinks he is above everyone, and was very careful to choose hiw wording, however i intend to see this through to the end and court it may come too at least i can show the judge that all my rent was paid with an outstanding balance of 550 that he owes me and didnt put it in a holding account didnt even say to me what it was for but the conversaton we had 0n 21/03/2012 he led me to believe that was were it was only when i started enquiring has he changed tactics

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Did you give him a deposit and a month in advance when you first moved in. Even though he's not called it a deposite i would say if the answer is yes then thats exactly what you paid to him which by any standards is the norm.

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hiya i gave him 1,100 that was my months rent in advance and what we belived was a deposit but if he required 28 days to withdraw he is either lying or has had it in his own account gaining interest

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Sounds to me like he has it in a high interest account which when taking money back out you need to give notice depending on the type of account or he's stuck it away in premium bonds which again they need notice when you want to take money back out.

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hi, thank you everyone for your help, this man thought he could just ignore me and i would go away, i actually believe he probably did have it in a high interst account but he believes that if he doesnt call it a deposit he hasnt broken the law, i am trying to say to my new neighbour look dont let him do to you what he has done to me after all he has taken above and beyond his rent and kept hold of it, surely in my book that is breaking the law

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hi all, hope everyone is as well as they can be. i recently posted asking for advice over a landlord who was trying to whittle his way out of giving me my 550 pound back by stating he doesnt hold deposits... unfortuantly as of yet i still havent had the money back, he should recive the solicitors letter 2morow or wednesday but playing a very bizzare game of power, claiming his secretary will phone me for my bank details, which she doesnt then i chase him, then she phones and tells me her computer is broken so i will have to wait,, totally sick of his games,, my solicitor has given him 7 days to pay so i know i will have to wait that long to see if he pays up, but i am hoping to go back to part time work as a nurse, so i wont be able to get any further help from solicitor,, what would be my next step and how do i apply for small claims court??

kind regards

karen

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hi all hope you are all well,.

Just a quick update with regards to my awful theiving ex landlord who is trying to whittle himself out of paying my 550 deposit, as you rmember he states he refuses to call it deposit,, well he is just playing games,, promised that his sec would phone me on tuesday for my bank details at the latest 12.15midday, when this didnt happen i txt him, then funny enough a call came throu stating she was phoning me over a refund when i stated how much for the secretary states "oh i will need landlord to approve that" then she states that her computer is broken and she will have to do it on tuesday, now he should recieve my solicitors letter tuesday or wednesday so i know i will have to give him 7 days to comply but i am hoping to go back to part time work as a nurse so i wont get any more help from solicitor, so what is my next best step please? and how do i make an applicatoin for small claims court? and Do i have a case? i have requested from the local paper the origional and most recent advert which stated months rent in advance plus deposit, i am sick of this mans power games, making me wait and chase him

thanks

karen

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