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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      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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    • 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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Confused, ashamed and in need of some direction


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You've all probably heard this a million times before but I'm about to take my head out from the sand and attempt to feel human again.

 

Coming from a living-on-the-breadline family I started university in 2006 and whilst my work was soaring my credit score was nose diving. I felt invincible and having access to so many overdrafts seemed like a never ending pot of money that I could dip into only having to pay it back when I was earning over 60k (I couldn't have been further away from the truth!). Like alot of students being lured into shiny banks with their free mp3 players and customer advisors literally begging you to join up to their bank and give you their cash, they always said the same thing..."you just have to pay this off when you finish university".

 

I applied and received my first student overdraft which was maxed out and received phone calls and letters that I had to pay the amount off in full as I had not used the account in 2 months as my student loan had not yet been paid into my account. The account was closed and passed off onto debt collectors which harrassed me constantly (which I can understand as it was my fault and no one elses). I managed to pay this off in installments using my student loan and another overdraft which is when the cycle repeated 3 more times (stupidly).

 

I moved around a couple of houses throughout the years as students do stupidly thinking my debtors would not be able to find me and just write it off. In 2009 I was contacted by a friend of a friend saying that he knew someone who had been bombarded with visits and letters from debt collection agencies from a previous address of mine, I have never been so embarassed. Knowing that I had messed up my financial status was one thing (a huge thing) but bringing in other people to my situation was something worse. Eventually I was given a CCJ due to my lack of communication and I haven't contacted them out of fear if I let them know where I am they will come and take all my belongings due to me not being able to pay the full amount.

 

My two other overdraft accounts have been closed and I am called regularly to contact them. One of these is Halifax who I also hold a current account with where my wage is paid into, every time I check my account I'm absolutely terrified that they would have closed my account and used any money I had left to pay towards the arrears of my overdraft. I don't know whether to open a current account with no overdraft and have my wages paid into there whilst my debts are sorted out.

 

I've recently moved to a new city where I have a full time job but I'm living hand to mouth, I would usually have £200 spare at the end of every month and wanted to contact my debtors but my girlfriend has recently become unemployed and I am having to pay 2 peoples rent leaving me with hardly any spare cash even after major budgeting. I haven't even updated my details with my bank out of fear.

 

I don't know where to start, I've felt so guilty and irresponsilble for too long. I just want to be normal and not forever in fear or hiding my mobile phone from friends when a 08XX XXX XXXX number rings.

 

Here are my list of debts:

 

£1,400 - Wescot. CCJ

£2,500 - Barclays. Closed account

£1,000 - Halifax. Closed account (current account is still active)

 

 

I want to clean the slate (as best as possible) and start my life with a breath of fresh air, no guilt and some money in the bank. At the moment I can't even get credit for a bar of Dairy Milk.

 

Looking back I can't understand how I was such and idiot, so young and now marked with a terrible credit rating. What makes it worse is that all the other posts on this forum are from families struggling to make ends meet and getting into trouble through no other option but mine was due to not using any common sense.

 

I hope someone can point me in the right direction, I would really appreciate it. Apologies for the essay-long post, but I've never told anyone the whole story and thought the least I could do was to post it on here.

 

Thanks for any advice in advance.

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Hi and welcome to CAG

 

You mention 2006 as when you started Uni.

 

What was the date that you got the CCJ?

 

On the other two accounts, when was the last payment you made into the account or acknowledged it in writing?

 

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Get full statements for all your accounts. Chances are you have a fair amount of penalty fees or unfair charges which you can reclaim and get the debt lowered.

 

Have you checked your Credit files and checked that the accounts appear on there?

 

regarding your CCJ, its a straightforward job to get it set aside, you can use the defence that it was sent to the incorrect address, therefore you didnt recieve it. However, you will need proof of this, such as tenancy agreements etc.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi renegadeimp,

 

Would I have to directly contact my debtors to get statements of all accounts? How would I go about reclaiming any charges etc?

 

I have applied to receive my Experian credit report and will post any additional information on here when it comes through.

 

To get my CCJ set aside do I need to contact the court or my debtors with my tenancy agreement? If I contact the court would they say that I would have had to know about it to contact them in the first place?

 

Thanks for the reply.

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Send each creditor a SAR. It will cost you £10 for each and must be sent to the original creditor. They are then legally obliged to send you all documentation they hold on you within 40 days. Banks and other creditors never tell you that you have charges/penalty fees you can reclaim because in some cases, it will leave them severely out of pocket.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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so as it stands your cra file is Screwed till 2017

 

if you sort out barclays [fat chance]

 

then it will be early 2010

 

if you did not know about the CCJ you could get it set aside

that would reset that debt to before judgement.

 

but in all honesty , i dont usually say ths

 

it might be better to keep your head down!

 

even if you start paying

 

it wont cure your cra but just lenghten it

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It'll be unlikely a set aside will be granted unless

 

a) The CCJ wasn't served at your last known address, and the creditor knew that was the case (if it was sent it to the wrong address on purpose and this can be proven then a set aside should be mandatory). Not getting a copy of the claim form does in no way guarantee set aside at all.

b) Any application needs to be made promptly (e.g. within weeks rather than months)

c) You will need a realistic prospect of success in defending the claim.

 

Given all that I think DX is on the right track.

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Been there..but you're doing the right thing by at least trying to sort things.

One piece of advice..make sure you have your priorities...the reason why you are doing what you are doing.

Its sad but you should consider the following as most important..and (IMHO) they normally go something like this.

1) Work - its your income/career/future.. you have worked hard (school/college/uni/jobs..) for this... and there's no reason why your past should impact this going forward so dont let it! Do what you need to protect this and your ability to earn -don'f mess up in work if your struggling worrying about debts.See next point..

2) Health (keep strong mentally) and emotionally - don't let this impact your relationships - especially as you mention girlfriend. However - be careful not to take on other peoples problems (debts) if you are struggling - does she know your situation? You wont have to go far to disoiver how destructive debt is on personal front. Hiding or keeping truth from loved ones is BS..Unless you really can deal with it yourself the reality (IMHO) is that it is much better to be candid and upfront. If she doesnt like it and leaves - well thats tough but at least you know where you stand - imagine if you had mortgage and debts and negative equity!Thrown in kids and divorce and maintenance payments!! You'd be liable for so much more.. Keep that sense of perspective. Together as a team you will be stronger. Trust builds relationships - and she might be stronger for it too- also may help spur her on with dealing with her (unemployment..been there too..tough but need to pick self up get back in fight...)

3) Analyse and review your current situation/budget - Not sure on your rent situation .. are you living together / joint or sep liable for rent? Who's name is the tenancy agreement in. If it comes to it can you quit early - downsize or move to a smaller/cheaper place? How realistic is the budget - do you budget together, how equal and fair is this - how has it changed with recent events. What simple things can you both do.

 

4) Options - safety net.. Look on these forums for parachute account.. basic bank account. You dont need OD - you dont need credit card. You can get a basic bank account - review who you have debts with and check none of these are in same group (SET OFF rules) You can get your employer to pay this into this account. All legal and will help you budget etc. This will remove your fear on banks nabbing money...

 

Hope this helps good luck

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