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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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    • 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 
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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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A car is not an essential tool to get to & fro from work regardless of the distance you have to travel.

 

It is not the Bailiff's problem how you get there & back as there may be public transport if available or a taxi if not.

 

Tough I know but that is how it is.

 

Not all that are self-employed can claim either dependent on what they are actually doing

 

- a carpet salesman with a few samples is one that springs to mind whereas a joiner carrying his tools probably would.

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Well if that's the case just another thing that's wrong with this disgraceful industry

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Blackhorse Car Finance Court Claim - Won

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What do you do as self employed? Is this a car or van? Is it sign written at all? Who is insured to drive? Is the insurance for sole business use? Is the vehicle on any credit and if so which?

 

carpenter just me and insurance to & from work

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Getting back to the OP, next set of questions.

 

Did you know about the original CCJ? If so did you defend or make an offer of payment? Have you moved since the CCJ was awarded?

 

i think so but didn,t attend at court

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I assume you carry your own tools? Have you advised SF of this & if so what documentation have you sent them?

 

yes carry my tools to & from work as never in the same place long as i travel from job to job.

 

havn,t sent nothing to them as all my v.a.t reciept in car.

 

what could i send to them

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yes carry my tools to & from work as never in the same place long as i travel from job to job.

 

havn,t sent nothing to them as all my v.a.t reciept in car.

 

what could i send to them

 

i did call them to if i could get my belongings and said they will call back ,but never heard nowt

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i think so but didn,t attend at court

 

We'll have to assume you cannot apply for Set Aside. However you may still apply for a Variation Order whereby the Court can set the payments to be made. You may apply for this on Form N245 - from HMCTS website - and will also need to submit a fairly comprehensive I&E. The cost of the application is £45 but if on certain Benefits or low wage then you may apply to have the fees waived - Forms EX160a & c refer. Best to print 3 copies out. The Form(s) must be returned to the Court where the CCJ was granted.

 

The 2nd and most important application to make is for a Stay of Execution against the High Court Enforcement Officer. This is applied for on Form N244 and the cost of this application is £80 and if appropriate can claim to have the fees waived. The Form itself looks a little daunting but is actually reasonably easy to fill in. Here's a guide as to what to put on it:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No -

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:

i - you have no means of paying the Fees demanded

ii - pending determination of a Variation Order

iii - you are self employed but the HCEO has removed your car which you need for work and is threatening to sell it

Q4 - tick no

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

 

This form needs to be returned to the High Court or a County Court that acts as a District Registry of the High Court. It is best taken in person when the Court opens and you explain the urgency of the application - the HCEO intends to sell your car - in many cases a spare Judge can be found who can hear your application immediately. If granted you must SF ASAP & explain you have a Stay and the terms of it, be prepared to say what date, which Court, which Judge etc. Some Courts provide the paperwork straight away or you may have to have it sent to you, when you have it send copies to SF immediately. Time is of the essence as your car is at risk of being sold early next week. If unsure of which Court to o to let us know which area you live in and we'll give a list of where you may be able to go to. In my view you must do this tomorrow, Monday may be too late.

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We'll have to assume you cannot apply for Set Aside. However you may still apply for a Variation Order whereby the Court can set the payments to be made. You may apply for this on Form N245 - from HMCTS website - and will also need to submit a fairly comprehensive I&E. The cost of the application is £45 but if on certain Benefits or low wage then you may apply to have the fees waived - Forms EX160a & c refer. Best to print 3 copies out. The Form(s) must be returned to the Court where the CCJ was granted.

 

The 2nd and most important application to make is for a Stay of Execution against the High Court Enforcement Officer. This is applied for on Form N244 and the cost of this application is £80 and if appropriate can claim to have the fees waived. The Form itself looks a little daunting but is actually reasonably easy to fill in. Here's a guide as to what to put on it:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No -

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:

i - you have no means of paying the Fees demanded

ii - pending determination of a Variation Order

iii - you are self employed but the HCEO has removed your car which you need for work and is threatening to sell it

Q4 - tick no

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

 

This form needs to be returned to the High Court or a County Court that acts as a District Registry of the High Court. It is best taken in person when the Court opens and you explain the urgency of the application - the HCEO intends to sell your car - in many cases a spare Judge can be found who can hear your application immediately. If granted you must SF ASAP & explain you have a Stay and the terms of it, be prepared to say what date, which Court, which Judge etc. Some Courts provide the paperwork straight away or you may have to have it sent to you, when you have it send copies to SF immediately. Time is of the essence as your car is at risk of being sold early next week. If unsure of which Court to o to let us know which area you live in and we'll give a list of where you may be able to go to. In my view you must do this tomorrow, Monday may be too late.

 

chatham kent

 

will do that tomorrow morning. thanks

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Canterbury, Maidstone, Medway - it's in Chatham

 

The above County Courts all have District Registries attached to them. I do know of one person with similar issues to your own who used Canterbury. Sometimes you have to be persistent as not all Courts are used to dealing with requests for Stays of Execution. I have an early start in the morning so must retire. I have asked someone else to keep an eye open for the next hour so should you have any queries.

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Canterbury, Maidstone, Medway - it's in Chatham

 

The above County Courts all have District Registries attached to them. I do know of one person with similar issues to your own who used Canterbury. Sometimes you have to be persistent as not all Courts are used to dealing with requests for Stays of Execution. I have an early start in the morning so must retire. I have asked someone else to keep an eye open for the next hour so should you have any queries.

 

can,t find ccj ref no or what court issued it .

is they anyway i could find it

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Sherfarts should have left you a form 55 (notice of seizure) at the top is a reference to the transfer from xxx court the ccj ref no and the writ number?

 

WD

 

no form 55 left just done a search trust for hco came black clean

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If they have seized and removed your car they were legally required to leave you the correct paperwork...so what did they actually leave with you???

 

Email them and ask for the writ details.when you make a claim to the car being the tools of your trade.

 

WD

 

 

WD

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This sounds unusual even for SF. On their 1st visit they normally leave a letter/form telling you they have called. To remove the car will require another 2 pieces of paper, a Notice of seizure & a Removal Notice.

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this is what i,ve recieve to date.

 

warning notice, removel of goods 26/11

 

warning notice .removal of goods 27/11

 

 

warning notice removal of goods 03/12 how to pay sherfart 03/12 and removal of goods inventory receipt when car was taken 03/12

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just done a search on trust on line high court orders.

 

it came back clean, does that mean no writ number

 

Registry Trust only holds records of CCJ's, you will need this number as well. To get the Writ No you will have to ring SF, but it really should be on the paperwork you have.

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