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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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    • 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.
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      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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I could really use some help please. My husband is a soldier so we move around rather often. Upon moving into our house in York the utilities were already with Scottishpower. I called them up and gave our details for bills ect and thought that was that.

 

They then proceeded to attempt to add the previous people's 3 months worth of arrears to our account. At this point I refused to pay anything until they resolved it as I didn't know if I was paying our bills, theirs or a joint combination.

 

We kept the money to one side for when they'd eventually sorted it out. 5 months down the line they finally sorted it I was all ready to pay the arrears we had due to not payment while sorting the matter out but it turns out they'd GROSSLY under estimated the bills (ours) in an effort to sort the situation out I asked if we could do a payment plan and they stated we had to pay at least half of the arrears or they wouldn't do a payment plan (even half of the arrears was double what we had put to the side) and they gave us a cracking great monthly payment of £280 which we can't afford.

 

I have offered them £50pm on top of our monthly bill to cover the arrears however they won't accept it. Now it's been 12 months since we moved in I've paid 1 bill in that 12 months as they are still refusing to help (now the bill stands at a little over £2,000) They are telling me that I need to pay a lump sum to set up a payment plan, pay in full or have a meter installed which not only will the army housing not allow but I can't get out to top it up as I have a son with very severe autism and a young baby.

 

I've made efforts to sort this but they won't budge. I have asked how much our standard monthly plan is and they won't tell me because it includes the debt so I can't even make an "offer" to them because I don't know what I am offering on.

 

Could I get some help in reference to sending them an offer through the post?

 

PLEASE HELP :jaw:

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the site puts a space in to stop spamming spiders

 

just remove the space MJ.

 

[rep you need to remember this]

 

dx

  • Confused 1

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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I have recently put up a post about Scottishpower.

 

they tried adding someone elses bills to ours and I refused to pay them while they were dealing with it because I didn't know if we were paying our bills or theirs.

 

When they'd sorted it they'd severely underestimated how much our bills were and the money we had kept behind wasn't enough.

They wouldn't comprimise on a payment plan and those they offered were not affordable (in excess of £250 for the debt alone not current utilities)

 

I have been trying to move over to a new company for months now so I could have a regular utility company without any debt

and then set up a payment plan with whoever chased us from Scottishpower.

 

They wouldn't let us move due to the debt, wouldn't agree on an affordable payment plan so we were stuck.

 

FINALLY today we've receieved a debt collections letter from SECUS who were shocked to hear I was more than willing to bill the bill.

 

Considering this debt has now been sent to a debt collector I don't suppose anyone would know if I can now change companies finally??

 

Thanks in advance

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Has the debt been sold to the debt collector or do they state they are collecting on behalf ofg Scottishpower?

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I'm not sure the lady I spoke too simply said the account had been sent to them via scottishpower. I just called Scottishpower to ask and they said I wouldn't be able to change regardless. They are now having a manager call me back as I have told them as long as they hold me and I am unable to move companies I will not be working the debt out with anyone.

 

I'm quite happy to deal with SECUS however at the end of the day I'll still be held over a barral by Scottishpower and their ridiculous prices.

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You should have no problems switching utility providers even though you have an outstanding bill with Scottish Power.

 

Please see the article in our October Newsletter for the links, I have copied the article for you.

 

Energy customers get new switching rights

Households with pre-payment meters who owe up to £500 to their energy supplier will be able to switch to cheaper deals with another firm under new measures.

Customers of the biggest six companies are currently able to move only if they have debts of less than £200.

Under OFGEM's announcement, British Gas, EDF, Eon, SSE, Scottish Power and Npower will allow people on pre-payment meters to switch from 1 November.

It is thought tens of thousands of users will be helped by the move.

http://www.consumeractiongroup.co.uk/forum/content.php?910-Newsletter-October-2012

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?366355-New-rules-will-allow-switching-for-pre-payment-customers-with-arrears-of-up-to-%C2%A3500

 

 

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i've moved with £1300+ bill recently.

 

we have a scottish power rep might like to comment?

 

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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threads merged

 

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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so did you email the rep as advised earlier

 

what was the result

 

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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I emailed him and heard nothing back at all. I've just spoken with customer service's yet again who were unhelpful so I just told them to write a note on my file saying I am refusing to deal with the debt collecting company (who I'll quite happily deal with) until they let me change. That and to not waste their paper on me. It's stupid really. Let me change and get your money or don't and don't get it.

 

Thanks for the merge DX didn't know how to find the original post

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Hi

 

I really think you need to make a Formal Complaint to Scottishpower in writing (always get proof of posting and keep a good paper trail) as this situation has arose due to Scottishpowers complete Maladministration of your account to date and trying to force you the current occupant of that property to pay the previous occupants arrears when you have already proved the arrears were the previous occupants.

 

You have also to date not resfused to pay your bills but informed Scottishpower that you would pay the bills once they had resolved the above issue which Scottishpower were not just slow to resolve but further complicated matters once this was resolved by sending you incorrect bills stating they were correct once again Scottishpowers Maladministration.

 

To now have a Debt Collection Company contracted by Scottishpower to now chase you for arrears which were actually not of your doing but due to Scottishpowers Maladministration of your account to date and the stress that this has had on your family.

 

You now require Scottishpower to place your account IN DISPUTE until this matter is resolved and to inform their Debt Collection Company that this account is IN DISPUTE and you require conformation from Scottishpower of this.

Edited by stu007

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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The account was already in dispute when I noticed the error IE them trying to add someone else's arrears to our account.

 

The issue is the time it took to sort out (it's been sorted for a number of months now) means we had arrears that they'd grossly underestimated

so when it came time to begin paying the bills after it came out of dispite we hadn't put nearly enough away

 

since that point I've been trying to get a suitable payment plan so we can leave them

however they wouldn't allow a managable one.

 

So now the bill is over 2,000 (all ours) and as they are refusing to be amicable it grows higher and higher because we cannot afford the payments they are asking us to make.

 

Currently our options are 50% now and then pay £100 on top of our monthly bill (regular monthly bill they say is £180)

 

pay £380 pm

 

or have a meter.

 

We can't have a meter as it's military housing. Not only will they not give them permission to install one. IF we have a surprise posting at any moment and leave (prior to the total amount being paid off) They'll then refuse to remove the meter.

 

It's quite a mess :|

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Hi

 

I would also advise speaking to either the Royal British Legion or your Local Help for Heroes as they may also be able to offer some help or advice in your circumstances.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Are you living in quaters, have you contacted a families officer or sought help from military sources?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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so were you actually paying anyhing at all during the 'dispute'

 

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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so were you actually paying anyhing at all during the 'dispute'

 

dx

 

They told us that out joint bill would be £70pm so during the dispute we put this aside for when the dispute had sorted so we could pay it in full. This was grossly under estimated. Our bill was more 200pm which they never informed us of during the dispute. After it ended I attempted to strike up a payment plan and was given the options I've previously listed. As we can't do any of them they were too high they wouldn't accept a reasonable amount. So it's gone month by month me paying nothing because they want it all or nothing :-/

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ta gerry

 

merry xmas

 

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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