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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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12/13 year old credit card debt


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I have a question, I had a debt with barclaycard about 13 or so years ago,I dont even recall If i ever got a CCJ i have now had a letter from Aktiv Kapital saying I owe them 1900.00 from barclaycard, should i just ignore them or should i contact them, i know about statute barreddebt but not with a CCJ?? i dont want to send that letter about statute barred stuff in case they actually did take me to court... help anyone??

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They cannot put anything on your credit file now relating to that debt.

 

If you had a ccj, it would drop off after 6 years though would still be pursuable had the creditor persisted in contacting you over the years. Now it is too late

to do anything by AK.

 

How do they know your new address? Or are they on a phishing trip?

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well i lived at my parents house when i took out the card then moved out and i have moved back for a while - electoral roll perhaps?? or maybe yeah a phishing trip, i have not replied to them, i just dont want anyone from these companies turning up on my parents doorstep or them demolishing my lovely now good credit rating

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i just dont want anyone from these companies turning up on my parents doorstep

 

Even if someone does turn up, these people are on a self-employed commission only basis, they are not bailiffs and have as much power as my dog does demanding bonio's from you!

Tell them to leave the property immediately, if they refuse, call the police and they will remove them on your behalf and state you want to press charges!

 

When they do leave, they will mouth off about CCJ this, Court that etc. This is only because they have driven to see you spending all their money on fuel and time for no commission payment!

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I'd ignore them.

Even if there was a ccj issued,as the debt has not been pursued for so long, the ccj could not be enforced anyway.

 

I'd like to know more about this. I'm not at all sure that an order of the court - a CCJ - could ever expire which means that it would always be enforceable. Is there any link to any authority which says that a CCJ only lasts for 6 years.

I know that a CCJ drops of one's credit file after 6 years - but this is a different thing.

 

Finally, you should understand that debt collectors are a law unto themselves, the CRAs are largely unregulated and out of control and it is entirely possible that a DCA could blight your credit file - even after all of this time. You might be able to challenge it - but they could still do it to you to begin with.

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Are they able to put something on your credit file even if it has already previously been on there and dropped off now? that would mean that there could be a never ending succession of these parasites adding defaults onto my file?? Im pretty sure they cant put another CCJ on again surely if you have had a CCJ previously they cant take you to court again for the same debt??? Surely???

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I too have had Global chasing me for a 10yr old credit debt, I made the mistake of speaking to them and they said I had a CCJ against me for it. I have no memory of the debt (doesn't mean I didn't have it!).

I think I'll go down the statute barred route and let them fight for it!

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I'd like to know more about this. I'm not at all sure that an order of the court - a CCJ - could ever expire which means that it would always be enforceable. Is there any link to any authority which says that a CCJ only lasts for 6 years.

I know that a CCJ drops of one's credit file after 6 years - but this is a different thing.

 

I didn't say that a ccj only lasts 6 years, Bankfodder. In fact if you read my post 6, I said there that although the ccj was still pursuable after 6 years, that as no contact

had been made within that time that it was too late to start now. This has already been covered on CAG and been stated that no Court would

agree to enforcement when there had been such a long time without any collection attempts since the ccj was granted.

Edited by lookinforinfo
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"A CCJ never becomes SB but under s.24 of the Limitations Act the right to take enforcement does if it hasn't been implemented within six years".

 

This statement was made by Cerberusalert on another thread-

http://www.consumeractiongroup.co.uk/forum/showthread.php?363157-DCA-with-default-CCJ Please see post 9.

Edited by lookinforinfo
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I'd like to know more about this. I'm not at all sure that an order of the court - a CCJ - could ever expire which means that it would always be enforceable

 

 

s.24 of the Limitations Act

 

Time limit for actions to enforce judgments.

 

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

  • Haha 1

PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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s.24 of the Limitations Act

 

Time limit for actions to enforce judgments.

 

(1)An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2)No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

Thank you. That's what I wanted to see.

Amazing - all this time and I didn't know about this!!!

Thanks very much

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Perhaps a letter to AK quoting the Office of Fair Trading guidelines on statute barred debt might be sufficient to shut them up.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

 

Statute barred debt

3.14 This guidance applies to the pursuit of debt regardless of its age. This section seeks to address specific issues related to 'statute barred' debt and sets out what we consider may be unfair or improper practices, whether unlawful or not. It also sets out the differences between the law in England and Wales, Northern Ireland and Scotland.57

57 See Annexe B for further information on the legal position in each jurisdiction OFT664Rev | 36

 

3.15 The OFT position with regard to the recovery of statute barred debt is:

a. we accept that the situation in England, Wales and Northern Ireland is that statute barred debt still exists and is therefore recoverable. However, in Scotland, statute barred debt is 'extinguished' and is consequently no longer recoverable

b. where businesses seek to recover statute barred debt in England, Wales or Northern Ireland, we consider that the following may be unfair or improper practices:

(i) pursuing the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period.58

(ii) misleading debtors as to their rights and obligations If a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt

For example, stating or implying that debtors may be the subject of court action for the sum of the statute barred debt when it is known, or reasonably ought to be known, that the relevant limitation period has expired.

The person seeking to recover the debt would effectively be relying on the debtor not knowing the relevant legal provisions.

(iii) continuing to press a debtor for payment after he has stated that he will not be paying a debt because it is statute barred

58 See Annexe B for further information on relevant limitation periods. OFT664Rev | 37

 

c. where businesses seek to recover debt that they know, or reasonably ought to know, is extinguished, we would be very likely to consider this an unfair or improper practice which calls fitness to hold a consumer credit licence into question.

 

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

315c in particular calls into question AK's fitness to hold a consumer credit licence.

 

Send a letter to AK with a cc to the OFT [marked Fitness to hold a credit licence] pointing out that you have heard nothing from anyone about the debt for 13 years in which case AK MUST

know that the debt is long since extinguished and is relying on your ignorance of the legislation to collect a debt that you cannot remember any details of. It might be helpful to include a copy of

AKs letter with the one to the OFT.

 

I would imagine that you will hear no more from AK though they might hear from the OFT.

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