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    • 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.
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      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.

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I need some help please!!! 1st Credit Statutory Demand


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I have just received a Statutory Demand from First Credit recoded delivery signed for by my daughter on Thursday 27th for a credit card i used to have with Bank of Scotland for £5700

 

I do owe the money and due to life circumstances and the last time i heard from BOS is 2010 when I last made some payment.

 

I own my home with some equity currently 88% LTV.

 

1st credit t/a conna..

 

. claimed they bought the debt 31/07/2012 from BOS.

 

It was stated on the notice that I have 18 days to set aside and if i have reason to set aside i should let them

and also include details of my local court as place to set aside.

 

I'm new to this forum i urgently need help as not much time left for the 18 days expire.

 

Im really afraid i dont want to lose my home..

 

Pls help what can i do

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You have until 16th October 2012 to have this set aside.

 

They should have put the name of the court you need to apply to set aside on the Demand !

 

We need to know a little more about the actual debt.

 

Are there any penalty charges in the amount they are claiming.

 

Is there any Payment Protection Insurance that might have been mis sold - if you were to counterclaim for that would it clear the debt.

 

When did you enter into the agreement with HBoS

 

Have 1st credit contacted you prior to the issuing of the demand. Did they let you know that an assignment had taken place and that they were the new owner.

 

Were you sent a Default Notice from HBoS prior to 1st credit purchasing the debt.

 

We are seeing quite a lot of these at the moment.. will flag your thread for someone with more knowledge.

 

It might be later today that someone responds.

 

Meanwhile, can you please answer the questions above and let us have any other information you might feel is useful.

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thanks for your prompt reply

 

- To answer your questions: Yes, they put name and address of the court i need to apply to set aside on the Demand.

 

Yes - there are some penalty charges but wasn't challenged.

 

No - there is no PPI on the credit card.

 

Agreement with HBOS around 2004.

 

1st credit did not contact me prior to the issuing of the demand though they claimed in the SD that they have via telephone and letters .

 

The first time Im hearing about the assignment is the SD letter.

 

I can't remember if HBOS served Default Notice then about 3 years ago when i couldn't meet up with the payment.

 

Thanks so much for flagging...

 

will be expecting replies soon

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I suggest that you send (1st Credit/Connaught) a CCA request in the first instance (you can find the links in my signature below) remember to enclose a £1 postal order and send recorded delivery. You will need to apply to your local court (one that handles bankruptcies / insolvencies - as not all county courts do) A SAR to the original creditor for good measure (you have to be seen to be making a reasonable attempt to gain information).

 

You may also like to drop 1st Credit and email too similar to this - http://www.consumeractiongroup.co.uk/forum/showthread.php?367479-Statutory-Demand-from-First-Credit&highlight=statutory

 

But send off the CCA request in the post ASAP

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Thanks so much for your help.

 

JUST TO GET THIS CLEAR SHOULD I SEND AN EDITED VERSION ALONG THE WORDED LETTER BELOW VIA RECORDED DELIVERY AND ALSO SEND AS AN EMAIL TO 1ST CREDIT?

 

 

Dear Sir, I am in receipt of a statutory demand from your company. For the record I will be setting this aside at my local court, I am also enclosing a postal order for £1 and making a formal request under the Consumer Credit Act 1974 for a copy of the agreement for this alleged debt.

 

You will appreciate that you do inheriticon the rights and duties to supply this document in line with Jones vs Link Financial I will also be requesting an 'unless' order for disclosure of the following documents, statements for the duration of the agreement, the default notice, notice of assignment, deed of assignment, details of any potentially missold PPI.

 

I am sure I have no need to remind you of CPUTR2008 in line with the OFT and your own associations code of conduct.

 

If you do not either provide these within 7 days of the date of this letter or formal notice of withdrawal of the statutory demand, then I will have no hesitation in setting aside this demand at my local court.

 

If you do not respond I will have no hesitation in making this correspondence known to the judge when the matter of costs arises. I trust this makes my position completely clear. Yours faithfully (don't hand sign)

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I think you should send it all via post (recorded and enclose a £1 postal order)

 

Dear Sir.

 

I am in receipt of a statutory demand from your company. For the record I will be setting this aside at my local court, I am also enclosing a postal order for £1 and making a formal request under the Consumer Credit Act 1974 for a copy of the agreement for this alleged debt.

 

You will appreciate that you do inherit the rights and duties to supply these documents in line with Jones vs Link Financial I will also be requesting an 'unless' order for disclosure of the following documents: statements for the duration of the agreement, the default notice, notice of assignment, deed of assignment, details of any potentially missold PPIlink3.gif.

 

I am sure I have no need to remind you of CPUTR2008 in line with the OFT and your own associations code of conduct. If you do not either provide these within 7 days of the date of this letter or formal notice of withdrawal of the statutory demand, then I will have no hesitation in setting aside this demand at my local court.

 

Also note that if you do not respond I will have no hesitation in making this correspondence known to the judge when the matter of costs arises. I trust this makes my position completely clear.

 

Yours faithfully (don't hand sign)

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Thank you so much. will be sending first thing in the morning and keep you posting. One more question just been curious what happens when they don't reply and wait for the SD 18 days to expire. Any thought?

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1st Credit should in light of any dispute drop these like a stone, if you don't hear anything then you must set aside, you must also report them to the OFT too, and believe me with their sanctions they will not get a second chance...and with that in mind they will progress to petition stage.

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Yes - You're right they drop it like a stone- i received a reply for my CCA request, enclosed with copies of NOA (which i never got) and that they have requested CA from OC and that in the interim they will withdraw the SD. And that they will contact once they hear back from the OC.

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If you don't oppose it they will....

 

Yes - You're right they drop it like a stone- i received a reply for my CCA request, enclosed with copies of NOA (which i never got) and that they have requested CA from OC and that in the interim they will withdraw the SD. And that they will contact once they hear back from the OC

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Yes and a SAR to the original creditor might be a good idea....you could also send a CCA request off to the original creditor too.

Yes I have sent SAR to OC last week will now follow up with CCA. Many thanks

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