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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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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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E.s.a


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Afternoon everyone!

 

I have been receiving esa benefit for the last few months(through depression and anxiety),andhave been called up for my medical

on the 7th of August.

 

I am wondering if anyone has any advice they can give to me,that

would be great.Should I take a letter about my illnesses to the

medical or wait until the tribunal?

 

Thanks.

 

Stephen.

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Take the letter(s) anyway, they'll take a copy. It may be ignored at this stage, but at least you have provided it.

 

Before the date, request the assessment be recorded. If they can't or they refuse, ask for a new date for when it can be recorded.

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Take the letter(s) anyway, they'll take a copy. It may be ignored at this stage, but at least you have provided it.

 

Before the date, request the assessment be recorded. If they can't or they refuse, ask for a new date for when it can be recorded.

 

Ok,thanks mate.

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Hello there.

 

Here's a link to the forum sticky about Atos assessments. It tells you how to answer the questions without saying just yes or no, so your condition should be taken into account properly.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?287253-esa-medicals

 

Of course, you could ask for it to be recorded as has been suggested, so that everything is considered. :) There's a separate thread on that.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Good morning all!

 

Just a wee update on my ESA process.I asked my doctor for a letter of my illnesses to take with me on the 7th to the medical.She refused saying:that then will be in touch with the surgery after my medical,and that basically the claims are dealt with random doctors in the sugery when they receive the dossier.

 

She has changed the antidepressants that I was on as well.I don't get to see a CPN until the 13th of September,and feel I needed that letter to take to the medical with me.

 

Should I take the medication that I take down to the medical? Is there anything else that I can do to help this process?

 

Thanks people.

 

Stephen.

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Good morning all!

 

Just a wee update on my ESA process.I asked my doctor for a letter of my illnesses to take with me on the 7th to the medical.She refused saying:that then will be in touch with the surgery after my medical,and that basically the claims are dealt with random doctors in the sugery when they receive the dossier.

 

She has changed the antidepressants that I was on as well.I don't get to see a CPN until the 13th of September,and feel I needed that letter to take to the medical with me.

 

Should I take the medication that I take down to the medical? Is there anything else that I can do to help this process?

 

Thanks people.

 

Stephen.

 

YES take all medication, and remember to tell them what you WERE taking before they changed it.

 

As to Drs being contacted - my ex-husband's GP has NEVER been contacted regarding his illnesses, even though it's part of the assessment process that ATOS/DWP are supposed to conduct.

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YES take all medication, and remember to tell them what you WERE taking before they changed it.

 

As to Drs being contacted - my ex-husband's GP has NEVER been contacted regarding his illnesses, even though it's part of the assessment process that ATOS/DWP are supposed to conduct.

 

Thanks for the reply. I was claiming ESA a few years ago and that was why I appealed,because of no contact with my G.P also zero points.When I was at the tribunal I was asked if I had a letter from my doctor to take into consideration.

 

Stephen.

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  • 2 weeks later...

Good evening everyone!

 

Had my medical on Tuesday, I took my sister along with me for moral support and because I was advised to do so.The examiner started shouting at me accusing me of not taking my medication.

 

My doctor changed my medication that I was on (amitriptyline to lofepramine).I took a bad reaction to the lofepramine and had to stop taking them,so I am now using 200mg of amitriptyline again,and have to see my doctor about this.

 

So basically I told the examiner this and she started shouting that I wasn't taking any meds at all.She was writing all this on the computer,and probably more lies as well.

 

Is there anyway I can get a copy of what she has wrote before the tribunal?

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You should, iirc, get a copy of the very basic ATOS report with the DWP letter telling you the outcome of the WCA. In the event you do not score enough to qualify for ESA, you appeal. As part of this process, the DWP send you a huge pile of bumpf. Included in this will be the full ATOS 'medical' report. It is in fact just repetitive computer generated claptrap. This will be well before your tribunal date and allow you to go through it and build your case accordingly...

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Yes. When you find out you've "failed" you need to contact the DWP and request a copy of the assessment report. You will receive - as Rae above says - "repetitive computer generated claptrap". You will see everything the examiner entered, and you then have a month to build your appeal case (including pointing out the lies and indiscrepencies) and send it in.

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  • 3 weeks later...

Good morning everyone.

 

Just an update on my E.S.A claim.I got a call from a lady at the D.W.P asking me if there was anything else I wanted to add to my claim,which i did.Is that normal practice from them to do that?

 

She said also that:"I'll hear from them in the nesxt5 to 7 days". Not very sure to make of that call,because the last time they just knocked me back.

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Good morning everyone.

 

Just an update on my E.S.A claim.I got a call from a lady at the D.W.P asking me if there was anything else I wanted to add to my claim,which i did.Is that normal practice from them to do that?

 

She said also that:"I'll hear from them in the nesxt5 to 7 days". Not very sure to make of that call,because the last time they just knocked me back.

 

Yes. This sounds like you ALMOST got enough points and the DWP want to make sure they have all the info before making their final decision. Re-send to them anything you already sent to ATOS, as they are notorious for not sending all the evidence.

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Good morning.

 

everyone,just phoned up the DWP today to get my money paid into my sisters bank account(due to fraud being committed on my account). The guy said:"he'll get someone to phone me later to confirm the new details".

 

Then I asked roughly when my next sick-line was due,and he told me some good news:"that I've been put on the work related group and basically don't need to send in anymore sick-lines for 6 month"but that i'll have to go to the job centre every now and then,to find work which I can do.

 

Am not sure whether I should appeal this because of my health conditions.And if I do how do I go about this process?

 

Thanks to everyone that has helped me on here it means a lot to me,and a special thanks to honeybee13 on the 5 post with that report,that helped a lot.Thanks.

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