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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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      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.
      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
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Management company service fees case & set aside *Success*


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Yes adding on the extra £650 does sound iffy, obviously it would be payable IF he court judgment said so, but I assume it made no mention of costs ? If it was on small claims track costs would be very limited and wouldnt be that high.

 

Otherwise though costs can sometimes be recouped 'through the back door' (as described at the recent Federation of residents AGM), this is where the lease allows costs to be recouped via the service charge (although this often ends in the wierd situation that ALL the flat owners have to pay despite money only owned by 1 person, i.e say for example you lived in block of ten flats, they would pay £65 each!), or the lease allows admin charges to be recouped from a single leaseholder.

 

Both the above examples may not be in the lease though, you'll have to read it, they are more common in newer leases, and as I pointed out can be challanged if lease doesnt allow, if no summary of rights sent and even then challanged for reasonableness.

 

Most leases to however allow legal costs for a s146/forfeiture to be recovered, some landlords get sneaky and half follow the s146 process (but never really intending to forfeit) just as an exuse to get costs...in theory this is why they apprioach mortgage company and why they often pay up as they are worried they might lose their loan security (i.e your flat).

 

It could be argued in your case, that they have simply won a money claim and this does not effect the security of your flat at all.

 

Andy

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You should have a copy of the lease as it is the 'contract' between you, whilst the management company/freeholder should have a copy I doubt they have to provide you with a copy but it may be used it as evidence in lvt/court in which case you would be sent a copy or you should be able to get a copy from your original solicitor/conveyancer or failing that from land registry (http://www.landregistry.gov.uk/public/faqs/how-can-i-get-a-copyies-of-deeds), some basic stuff is avilaible electronically but for leases you have to request a copy, its about £12, I had to get a copy of a deed of variation a while back (which changes the lease), this was ultimately great news for me, as it proved the freeholder had been overcharging ground rent and later in court I got over a grand back :)

 

Andy

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Hi Andy,Ive been through the title deeds and there is nothing on there so it must be in the restrictive covenants that we have to pay the service charge (and they are at home) I have however had a look again at the request for the judgement to be paid by our mortgage company and it is a SECTION 121 LAW OF PROPERTY ACT NOTICE.They have hand written on the bottom of a statement the "£650 costs in relation of the preperation of this notice"They have written on the notice "by terms of the transcfer dates XXXXX the transferee covenanted with the transferor to pay a fixed and variable rentcharge"Even more confused now!

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Its ok Ive edited your post.

 

Ok, so that clause does sound like they can recoup legal fees, lucky my lease has no such clause.

 

What is the wording before that, what is the description of management charge ?. Is it split by number of flats ?. I.e there are tens flats so it says you pay 10% each.

 

Err..yes Im confused by your post #29 too... I dont understand S121 at all and have never seen it mentioned in leasehold issues before, I'm not sure your issue is a standard leasehold one.

 

I can see its mentioned in this thread here > http://www.consumeractiongroup.co.uk/forum/showthread.php?320497-MORGED-ESTATE-Ltd-ground-rent-advice-needed. where I commented but I didnt understand it then !

 

Andy

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Hi Andy, I got that from the "Transfer of part of Registered Title TP1" when we bought the house.Just to clarify that the house is freehold but the garage is lease hold and the whole estate pays a management charge. This is common on the new build sites built by Taylor Wimpey in my area. The garage that comes with the plot has an apartment built above which is why it is leasehold but I have no record of who owns the lease - presumably it is still the builder. So mine is not a standard anything and probable why it is so confusing!

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It appear to me that if the house is freehold tyen most of the leasehold laws dont apply and as for the garage Im unsure as most laws relate to buildings and property.

 

It may be that you just have to rely on pure contract law, i.e the management contract between you and estate management charge.

 

Andy

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Thanks Andy. Know its very confusing! Just have to keep my fingers crossed for the set aside and then I'll ask them to produce a copy of the lease / agreement they have based there claim on! Appreciate your help tho!

 

Hi, I am in touch with quite a few people over these same issues, threats etc. If the company hasnt carried out work according to your Deed of Covenant, which I think you may have, then you dispute it. They have to prove that they carried out the work in accordance with the specified contract.

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Hi I'm after some help please and not sure I'm posted in the right forum.

 

I have a set aside hearing due on the 17th December and just would like some help as to what to expect.

 

The claimant can attend by telephone but as this has been transfered to my local court we are required to attend.

 

This is for a ccj that was issued against us for service charges on our housing estate!

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Hi Sick as a chip

 

Was the initial claim not defended? Default Judgment.?

 

Andy

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Hi Andy!

 

Due to a death in the family the defence was signed for at the court 7am the day the judgement was entered.

 

Decided to pay the 80 quid and try for a set aside

 

but now I'm in a mild panic that I've got to go to court!!!

 

No idea what to expect or what will be involved!

 

I've been to small claims once before but as the claimant and it was pretty straight forward case of a bounced cheque!

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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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It is yes. Finally worked it all out from what they sent with the paperwork and they have not deducted anything that I have paid. I know we do need to pay it its just the charges I'm objecting to at the moment. If the court allows the set aside I'm going to request a copy of the lease / transfer they quote in the particulars of claim. Its very complicated but I don't know at a set aside hearing how much the judge is going to want to know!

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ok for sake of back ground info

 

threads merged

 

always best to stick to one thread.

 

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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At court you will need to have very good proof of a) Why there was default judgment, why you didnt respond, ill health or not receiving documents b) that you have a very good defence IF the case should go ahead.

 

You cant be over prepared, just get all the relevant details, leases, docs should be available from your solicitor/conveyancer or Land Registry. Dont assume that the Judge will be able to read your mind and see whats wrong, you will have to have good proof,.

 

Make sure all your paperwork is neat and easily understandable and formatted in the correct way (Ive got template/examples you can use if you want).

 

Andy

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I've PM'ed you.

 

The only experience I have of a set aside, is from the other side, I was opposing claimaints set aside application, their claim was struck out as they didnt pay fee on time, their set aside was dissallowed for lack of evidence/failure to comply with CPR 3.9, their Solicitor simply said 'he was busy due to workload of other cases' but this wasnt good enough for the Judge.

 

They then tried to re-litigate same case which is where I pounced with mu Summary Judgment/Abuse application (this is what Ill send you).

 

Andy

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A quick question please.The manageing agents of my development claim that the service charge, reserve fund (neither of which i am disputing) and administration fee's are payable and quote in the POC they are due under the terms of the transfer.

 

My POC are typed below:

 

PARTICULARS OF CLAIM

 

1)The claimant is the management company in respect of the property know as MY HOUSE the interest in respect of which is registered under title number xxxxx at Her magesty's land registry. A copy of the freehold title is attatched.

 

2) The defendants are the current holders of the freehold interest

 

3) Persuant to the terms of the transfer dated XXX 2004 as set out in the property register the claimant is entitled to charge Service and Reserve fund.

 

4) In accordance with the terms of the transfer the claimant issued a proper demand on the defendants via its agenet namely ROBBING GITS for payment of the Service Charge and Reserve fund as circled on the statement of account marked exhibit Blah Blah Blah.

 

5) As Lessee the defendants covenanted to comply with the service charge and reserve fund provisions in the transfer

 

6)The claimant cliams the said service charge and reserve fund charges of £XXX.00 together with the agents administration fees of £83.00 for issuing reminders and final demands for payment.

 

7) The defendant has breached the terms of the transfer by failing to pay the said sums as detailed above in paragraph 6.

 

8) As a result of the breach detailed in paragraph 7 above, the claimant instructed a professional debt collection agency namely XXXX to act on behal of the claimant to collect the outstanding arrears. The claimant has inccured additional asministration fee of £195 attatched herein marked exhibit XXX (A pro-former invoice) which are recoverable from the defendants under the terms of the transfer.

 

9) The claimant has also incurred legal costs which are recoverable from the defendants under the terms of the transfer.AND THE CLAIMANT CLAIMS:

 

1)Judgement for the said service charge of XXXX and Administration fees on £275.00 in the total sum of £XXX.XX

 

2) Contractual costs which are recoverable under the terms of the transfer.

 

MY QUESTION IS SHOULD I REQUEST FROM THEM TODAY THE TERMS THEY ARE REFFERING TO AS I HAVE BEEN THROUGH ALL MY PAPERWORK AND IT IS ALL VERY VAGUE SO THAT I KNOW EXACTLY WHAT I AM UP AGAINST SHOULD THE SET ASIDE GO AHEAD OR WAIT AND REQUEST IT AS IT HAS BEEN NENTIONED IN THE POC BUT NOT SUPPLIED?THEY HAVE ENCLOED A COPY OF THE TITLE DEEDS WHICH MAKE NO MENTION OF A SERVICE CHARGE???

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When you say My particulars of claim you mean the above is the POC received from the FH/Management Company ?

 

Well the MA will have to show the court the contract that enables it to charge a service charge (nornally this would be a lease but i believe your position is a bit different in that you own the property freehold but there is still a service charge payable for various items)...but it would be useful for you to see this before court, you could write and ask for it, thyere are provisions in cpr 31.8 and cpr 18 to request docs, although these dont apply to small claims.

 

What is it you dont have ?. The Terms of Transfer ?.

 

Andy

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Yes sorry Andy, its the POC from the claimant.I was going to write if my set aside is successful requesting a copy of anything they have that they reffer to in there POC under CPR31.14Documents referred to in statements of case etc.31.14(1) A party may inspect a document mentioned in –(a) a statement of case;(b) a witness statement;© a witness summary; or(d) an affidavit(GL).(e) Revoked.as I have done this before. I've got a copy of the deed which came with the claim but as I have stated it does not mention anything to do with service charges. I'm just wondering if I should ask them to prove it now or wait?Thanks again Andy.

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