Jump to content


  • Tweets

  • Posts

    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • 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 Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  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 xxxxxx. 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)     The 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 First 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.  At 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Interview under caution/ capital


kate2212
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4287 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

 

I am totally panicing as my husband has an interview under caution on thursday. The only information that we have is the letter asking him to attend. Our story is pretty complicated but here it is.

 

We had some buytolet properties and our own property, all with mortgages, however due to redundancy (my job) and rental gaps, found that we were at the point of no return and the bank started reposession of the rental properties. Our own house was also included in this. We were visited by a rep of the bank and he basically told us to move and get a rental property asap, as we had kids, and he knew our sitaution was inevitable.

 

So my husband made a claim for himself me and the kids, as we had no income. There is no equity in any of the properties due to the current market, and our own house either. We moved into a rental property and have been looking for jobs, and awaiting someone making us bankrupt. We have no capital, savings or anything.

 

We are racking our heads about what this is. My husband cannot remember what he put on the form as we have been so stressed over the past year, plus I was having tests to do with my heart due to stress and he was worried. But he was upfront when attending his meeting about us owning propeties. I also received around xmas a small amount from my previous employer, but this was outstanding money due to me, less that £800. There were some small amounts of rent that went into the business account but these were paid direct to debters.

 

Am feeling awful as I don't want my husband to go to court of jail, and my profession is a notifiable one, so I would never get a job again.

 

I am ill with worry, and feel so guilty, but don't know what we have done. I am trying so hard to get a job, I feel like I am going mad.

 

Any help appreciated.

 

Thanks for reading and sorry for waffeling, don't know if it makes sense.

Link to post
Share on other sites

Had our interview under caution! They ended up cautioning me too! Don't know if that is normal practice?????? The meeting was only for my husband, but as I was there they decided to include me too! I would like to ask if anyone knows if their behaviour is normal. At the end, of a 2 hr meeting, the investigator from the Council gave me his phone number and asked for some more info, I stated that I would email or post it. He said that he would come collect it???? Is he able to visit us at home, is that not strange. As he went on to say that if I phone him he is unable to talk about the investigation. Feel uneasy about this all.

 

 

Have now made an appointment with a criminal lawyer, as am sure they will prosecute! After reading other people's experiences I think it is a foredrawn conclusion. Am totally gutted. Not only have we lost our house/business we are going to be prosecuted. I have had former tennnats inpersonate me and commit fraud gain items from catalogues, extra benefits and money and am still waiting for the police to prosecute them 18 months later, and we have to wait 2 months for a decision and have been told by lawyer over the phone, if they even suspect they will go for it!!!! Devastated is an under statement. :mad2:

Link to post
Share on other sites

That they had checked the land registry and spoke to a neighbour at my old house, who told them that we were always at the house! The house is up for sale, locks changed etc. Only went a few times before it was reposessed to collect mail. Didn't even like doing that as it was too emotional.

 

At this point I feel like adding up all the benefits we have been given and pay it back! I don't have any money, but could ask my parents to pay and I would rather owe them than the DWP. I just feel so low. I have never claimed anything before, and when we needed too, have had this happen.

 

The investigator did not understand the reposession process of a house and that I will get no money out of the sale. But on the bright side the lawyer sounds knowledgable.

 

Thanks

Link to post
Share on other sites

Does a nursing registration need a clear CRB? Not sure if the CRB showing up a benefit conviction would count or not? Maybe someone else would know. Mind, many don't go to court if you agree to repay, sometimes needing to accept a penalty on top. Sorry, I'm not much help as my knowledge of this is really low but I wish you all the best.

Link to post
Share on other sites

If I go to court, and get charges against me then I would also have to answer to the NMC, who would probably suspend my registration. therefore not being able to work as a nurse.

 

Thanks for your replies.

Link to post
Share on other sites

If I go to court, and get charges against me then I would also have to answer to the NMC, who would probably suspend my registration. therefore not being able to work as a nurse.

 

Thanks for your replies.

 

Have you spoken to your union rep about this? Also, I'm not an expert in this (at all) but can you provide the investigator with paper work pertaining to your lack of income from the properties, and your potential bankruptcy?

 

Also, if memory serves the rules about late payments are complicated, and it may or may not have affected your claim. If no one here can advise, I would google your local Welfare Rights (or failing that CAB) and discuss your whole situation with them. Welfare Rights tends to be very good with the rules surrounding claims, in my experience, as well as being quite experienced in alleged benefit fraud.

Link to post
Share on other sites

The properties you own and rent may if they had been declared to Income Support may have been disregarded for a certain period, of at least twenty six weeks.

 

If these properties are in negative equity, rented out and the mortgage covers that rent and you have no Income from them, then they may have been disregarded after a decision by an SDM for at least a period of twenty six weeks. If by any chance eldery relatives rents them off you they may be fully disregarded. It is alll looked into by the DM

 

If the DM had disregarded them then it would haveat again a been reviewed again after the twenty six weeks

So first of all you need to gather all the information on the properties, mortgage details, rental agreements to show this. I know you should have declared them at the off set but this now maybe the only thing you can do now

The officer may be coming around to collect these items.

I agreen you do need some legal advice

 

Also with regards to that £800, if its earnigs from a past period its counted as capital so shouldnt effect your I.S. issues

 

Your sons DLA and your CA will not be effected by this they are not means tested so you will have some Income.

 

I agre with Stan and see your Union about your work

Link to post
Share on other sites

No CA is not means tested, as the OP said she was on I.S I pressumed she and her husband werent working.

as the earnigs were for a past period before the I.S claim

but there are earning limits of £100 after tax etc....

 

Thinking now, the partner may have made the claim as a lone parent as he moved away into rented property how then did the OP get on the claim?

 

Unless the partner claimed CA and then claimed I.S on the grounds of it then the OP can be on the claim from the start

Link to post
Share on other sites

Thanks for the replies. I think we are just worrying as we have never been investigated for anything before. I think the Council/DWP are more concerned that the properties were not declared, as we naively thought they were in process of being repossesed. My hubby did tell the JC when he signed on, but was not asked to alter forms.

I think after our meeting with lawyer I will feel much better. Just feel an idiot!

 

Thanks for all your replies! Much appreciated!

Link to post
Share on other sites

Went to see lawyer, who was fantastic! She has put us at ease. She was so understanding, and told us that the Investigation is to intimadate us, and that they either have evidence or not, and relying on an elderly neighbour to say I still go to my old house is not enough!

 

Feeling positive!

Would definately recommend anyone who has a letter for investigation under caution to pay a lawyer a visit!

 

:-)

Link to post
Share on other sites

how many buy to let properties do you have? i am just concerned that they may consider you to be self employed

If you have found my post useful, please click on the star at the bottom of my post and add some reputation points.

Link to post
Share on other sites

We had 10, however all were being reposessed at the time we claimed benefits. And we were not receiving any income from them, we had no other income as I had been made redundant and had no redundancy. Will see what they decide............ think they were totally confused at the interview!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...