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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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Recieved SD from Hamptons, Lowell portfolio l LTD


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Hi folks, I have spent some time today trying to understanding Statutory demands, having aparently recieved one hand deliverd last week. I just wonderd if there was a final consensus on how these things from hamptons should be handled, ie ignored, cca'd, apply to set aside etc. Below I will give brief details on this situation and would welcome any comments. cheers

 

 

So some day last week I came home and found a brown envelope had been posted through, no post mark and only my name on it written in blue biro. Nothing else apart from the words "Private and confidential in" red.

 

Inside lurked a letter and SD from Hamptons legal both dated early May, a good 3 weeks before it was actaully served?! Also inside with hamptons letter is a SD under section 268(1)(a) of the insolvency act 1986. Debt for liquidated sum payable immediately. by Hamptons on behalf of creditor Lowell portfolio l ltd. The sum demanded is for two different debts of which I recall not, both total around the 2k mark . But from what ive read hamptons add the debts up all the time?

 

 

I'm in two minds wether I should send a CCA to hamptons and start work on a set aside defence or just ignore it as scare tactic? Whats the word these days?

Also is the SD served as it was just posted through by hand no post marks no proof?

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Is this the only correspondence you have received in relation to this debt?

 

This is definitely a cause for a very loud complaint to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

Issuing a SD through a letterbox? AFAIK I thought it had to be handed to you in person???

 

You have 18 days from it being issued to have it set aside, but if you don't know when it was served??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well thats just it you have hit the nail on the head! I thought it had to be handed in person, they have no proof of service apart form there own witness. I dont know if it is even served let alone what date it was served! The insane muddle is if I send CCA and set aside to court I acknowledge it then and why should I do that if I dont have to!

 

I think there may have been other correspondance in the past that has been filed accordingly and certainly ignored phone calls, I dont recall taking the debts on!

 

Whats even madder is they are doing this without even attempting to obtain CCJ first!!!!

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it can be put through a letter box, depending on the circumstances according to this. but, yes there should be personal service 'if practicable in the particular circumstances' according to the insolv rules (rule 6.3).

think this is up to date, but double check. http://webarchive.nationalarchives.gov.uk/+/http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/statdemand.pdf

Edited by Ford
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Thanks for the info, according to your leaflet they can serve by posting it through the letter box by hand as you say but they will have to lodge a statement of truth when or if they petition for bankrupcy. It still leaves me puzzled as to what date the documents were served! Certainly not early May as claimed! And im not keen on acknowleding this SD as it smells fishy with the dodgy dates.

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I am not sure whether I would do anything with an envelope just posted through the door. If Lowells were to take bankruptcy forward, how would they be able to prove service of the SD. Would a judge just accept evidence that the server posted it through the door ?

 

This thread needs to be put in the legal folder. There are other Lowells cases that the OP should read. One by Khemist where they have applied to set aside the SD.

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.... how would they be able to prove service of the SD. Would a judge just accept evidence that the server posted it through the door ?

 

.

 

well yes, if the required 'proof' of service is accepted by the j on balance! as the gov't info posted (and the rules/practice direction) say, they would need to do a statement etc re 'substituted' service explaining why no personal service, what they did etc, if they continue. that's how. if they haven't tried any personal service as 'obliged' by the rules, then that should go against them. as said, depends on the circumstances.

yes, plenty of sd threads around. as you say, it could just be a 'threat' with maybe no intention of continuing with it.

could also give 42man a pm nudge for his input on thread.

Edited by Ford
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This is rather worrying - you say the SD is dated 3 weeks prior to it being posted through the letter box ?

 

The fact is that you only have 18 days from the date of the SD to get it set aside - so you need to be acting swiftly as the chances are they could now petition for your bankruptcy ??

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I think the SD is clearly invalid as the date on the letter and the actual date served are way off by three weeks! Surely a process server wouldnt sign off on that? And further more would Lowells/ Hamptons stump up the £350 to proceed with a petition?

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The envelope should have been dated by the server and it is 18 days from the date they have served it.

We could do with some help from you.

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The envelope should have been dated by the server and it is 18 days from the date they have served it.

 

There is no date on the envelope, just my name in blue biro and private and confidential. As such I have no idea when it was served and if it even has been.

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You really need to get this set aside......and yes CCA request first, SAR to the alledged original creditors (OR if you have never had any kind of accounts with the original assignors (does it say who the original creditors are on the demand ?) then a complete and utter denial would be suitable) It could also be possible that the alleged debts may be statute barred too (i.e. you have not made any payment or acknowledged the debt for at least 6 years (5 in Scotland)). As far as attempted service goes then it has been known for process servers to fabricate the truth, and Lowells (I presume they are in this equation somewhere) have recently stated that a 'mystery' payment has been made to try to scotch the statute barred angle.....

 

What you don't want to have to do is try and deal with this at petition stage, and if you look at these forums you will see that they do often arrive at petition stage.

 

You'll need forms 6.4 and 6.5 and as for the time aspect you simply state that the demand arrived with you 3 weeks after the date of attempted service. If you have no recollection of these debts, then it will be incredibly easy to set aside and you should collect your costs at the courts in the setting aside. The major risk for these companies is that if you are prepared to fight your corner they can lose out quite significantly...what I must also insist is that you report this to the Office Of Fair Trading....

 

What do the particulars of debt / claim state (do not be too specific with amounts and dates)

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  • 3 weeks later...

Hello,

This happened to me (as you know) and although Lowell flaunted the debt collecting guidelines, the next thing I received from them was a letter with an adjourned Bankruptcy petition. I have always denied (and still do) that the debt was mine. Do not trust them at all and please get this set aside ASAP. They throw the full might of their legal system against you regardless of the consequences and personal anguish so stop them in their tracks if you can.

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Hi Folks,

 

Thank you all very much for your replies, especialy you 42man! Im sorry I didnt reply sooner, I have been a bit stressed recently with general life and doesnt help I just been made redundant (again) :sad:. Sadly I stuck my head in the sand for a few weeks and havent done anything with this yet, today is definatley the day as I recieevd two letters this morning from Lowells, warning me I am at risk of being made bankrupt. I will scan and post shortly along with everyhting else if its not to late!.

 

Can I still apply to have this set aside whilst I wait for my SAR and CC requests even thoough I dont know when I was served so....?

 

Apologies for typos, in a bit of a spin this morning!

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If you follow the instructions below - you should have no problems uploading your documents. Do make sure you edit out any personal information first though.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

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

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

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You must do your best to remember......(it could be important) make sure you send the CCA and the SAR / SAR's recorded delivery, and the SAR should go to the original alleged creditors, the CCA will cost £1 - enclose a postal order) and each SAR will cost £10 (again send postal orders recorded delivery) - You can find the links in my signature.

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Thankyou, I really appreciate your input and attention!

 

After a good head scratch im pretty sure the shop direct financial is not statued barred, im going upstairs to dig around in my paperwork to check.

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