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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.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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whether I should be claim ESA/JSA confusion?


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Hi

My situation is this. I was previously getting income support based on sickness, was assesed by ATOS in oct 2011 and told in nov 2011 (25th or 26th) that I would not be transfered onto ESA. I appealed this decision in dec 2011 (28 or 29th) and eventually had a first tier tribunal may 23rd, which upheld the decision made on nov 2011. I have been receiving ESA at assesment rate since jan 4th 2012 whilst I appealed, I have received no letter from the DWP yet but having checked with jobcentre my last ESA payment was the 5th june and my claim was stopped on the 6th june and has put forward to be processed on the 6th june( i think that means send me out a letter?)

 

My question is this -

can I claim ESA yet under the 6 month rule, there's a confusion that I've been informed that it's 6 month from the date of rejection of ESA nov 2011 (the letter in nov 2011 giving the descision says 6 mnths from the date on this letter) and also by someone acting on my behalf who phoned dwp that it 's 6month from the tibunals decision may 23rd 2012. I don't want to claim JSA but don't know if I have any other option. I need to have a claim for benefit of some sort in by 6th june (which has passed!) in order that my housing benefit isn't affected. So is it 6 mnths from tribunal descision or 6mnths from letter giving the descision that I don't have lmtd capacity for work?

 

I've phoned DWP(numerous times) who can't answer the question and also visit job centre who don't know either. I was told my best bet would be write to office dealing with my claim and ask them as the people who may know (a descion maker-ominious title!) aren't available over the phone.

 

Any info would be great.

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Hi

Cheers for the reply. I've asked the dwp phoneline thing about the condition worsened/changed situation, I was told would result in a big gap in waiting for a payment if I apply under that category ie no money until I've been assessed. Also I dunno if my condition has changed/worsened, I suffer from depression so its very variable. Do I have to get my doctor to confirm it's worsened, which is ironic as they paid no attention to what he wrote for my tribunal as I only registered with him in Dec 2011.

Do you know if a new claim is from date of letter nov 25th ish or date of my tibunal 23rd may?

apologies for any spelling grammar hiccups , never was a strong point even in better circumstances.

best

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Sorry, nomo, I'm not entirely clear on the ESA timeline from your initial post. However, this is the way it is:

 

The six month rule applies from the date you were informed that your application for ESA failed. it is NOT six months from the date of the Tribunal letter informing you you have failed the appeal. As the vast majority of appeals take more than six months from start to finish, most people can reclaim ESA immediately. I have done this twice so far.

If your condition has deteriorated then you can reapply before the six month period is finished. But, as I said, that's pretty much a moot point anyway.

 

I know the Government did make noises about changing the date from which the six months apply but I don't believe this has happened yet. Happy to be info'd otherwise ...

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Hi

Thanks. Strictly speaking I've never made an application for ESA. I was on income support based on sickness then assessed to be transfered onto ESA, had an atos medical on Oct 11 then told I was rejected to be transfered on Nov 25th 2011. I have a letter saying you can make a new claim for ESA 6 mnths from this letter Nov 25th. I thought it was 6mnths from application failed not tribunal failed like you say but thought maybe would of changed since I heard about this about 7 mnths ago. Thanks for the info. Worried about what you say about ''Government noises'' about changing things. I'll admit my first post is a bit dense/confusing, so a timeline is a good suggestion.

 

Heres a timeline

 

2008-2011 receiving income support based on sickness (note I was found unfit for work under the previous system in 2008

 

may(ish) 2011 asked to fill in Atos form (lmtd capability for work questionare) and posted off

 

Oct 7th 2011 had Atos assessement which awarded no points and found capable for work

 

Nov 25th 2011 letter told not entitled for ESA and told last payment of income support based on sickness would be jan 03 2012. the letters dated 26th nov

 

Dec 29th 2011 submited appeal against ESA being rejected. I asked for a oral tribunal.

 

jan 16th 2012 Got letter saying appeal received and would be paid ESA at assement rate until the DWP notified by the tribunal of appeal outcome. so paid assessment rate ESA from jan 4th 2012( my last payment was june 5th and it's stopping june 6th)

 

may 23rd 2012 Had first tier tribunal. Failed. Given a decision notice at tribunal say appeal disallowed as they agree with the decision of the Examining Health Care Professional

 

June 8th went to jobcentre as hadn't heard from yet. Told benefit stopped on 6th june. Asked for JSA/ESA forms and which to apply due to not being sure about 6 mnth thing. Told to phone DWP and ask to speak to a descision maker, I've phone numerous times before and no-one can answer the question on the phone, he suggested I write to them to confirm the situation

 

As a side note. You can get physical copies of both ESA and JSA forms. I was told (and my mum too) at the jobcentre that JSA is online and over the phone only and ESA is online print out your own form or over the phone. I got copies of both, they're like the sasquatch or something. My mum asked for a ESA and a JSA form and was told you cant apply for both, given the how to apply leaflets (green JSA and red ESA the wee info booklets) , told it's online or over the phone and felt uncomfortable enough to leave. She asked do you have these forms not that she wanted to apply for any benefits !

 

thanks

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My interpretation, then, would be six months from November 2011. I'd be interested to know any reason why not. Personally, I'd phone the benefits line (whatever the number is) and put in a new claim for ESA asap ...

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Nomo, just mentioning too that even if there is a gap between any means tested benefits, your HB and CTC should still remain in payment as they are means tested so should not be affected by a gap in your other benefits.

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Thanks for heads up re. HB/CT that's some worry lessened, though I've been affected by the LHA changes too! I've bunged this question up on yahoo answers, so maybe that'll help too. thanks for the answers so far.

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