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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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      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.  

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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.
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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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Forced to move home while on HB


dasis16
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Hi all,

 

I was hoping you guys might have some suggestions? I am currently claiming ESA (support group) and Housing Benefit. I have put in a claim for DLA, but not had a response yet.

 

This is all due to my mental health, which is supposedly being looked after by my local CMHT. I am, however, getting very little help indeed. I have no social worker or support worker, I have been refused a freedom pass, and haven't even gone through a needs assessment, despite my constant requests for one. If you guys want to know my diagnoses, let me know.

 

On top of all of this, I am now being forced to move out of my current tenancy, as the landlord no longer wants us to live there. The council aren't interested until I have an eviction notice, but I don't even have someone to take me down to the council to discuss it anyway. If I stay and wait until eviction, I will owe the landlord thousands in rent, because the other tenants I share with are moving out on the 12th March.

 

I only have help from family or friends at weekends, during the week I am on my own. I don't have the financial means to move either, it's taken me eight months just to get ESA! I have made a complaint to the council, but I fear they'll be "investigating" it for another month, which I really can't afford to wait for.

 

I've also tried CAB and Shelter. Neither have been able to help as I can't get down to see them. If anyone has any thoughts, I'm all ears.

 

Thanks :):help:

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This might be better off being moved to the housing section as this is more of a tenancy issue.

 

There's a little triangle under posts to report if no answers are forth coming report your thread and ask it to be moved here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-lettings-Freehold-issues

 

It's well worth your while search on there to for the eviction process etc. As it not when you are evicted but 28 days before notice of eviction the Council have to take action. Not sure on exact timing but you have quite bit of breathing space before that happens and those folks can tell you exactly what's what.

 

From memory as I last looked into this in May

 

Your Council will have a specialist team for housing issues and finding a new property that accepts housing benefit.

 

Getting access to that well erm that's the tricky part it took me 8 attempts at my local Council before I got somebody who new somebody at a charity they worked with.

 

They then sorted everything out with the council and were even prepared to travel with me to viewings.

 

I couldn't handle the telephone calls from the enthusiastic council folks 5-6 times a day so... that stopped

 

Your CMHT should also have a housing officer or be able to refer you to a Council 1 but you'll really have to hassle them for this as they are so over stretched.

 

GP's too can refer you onto Council waiting lists and council support. It help here if you can explain who where n why you need referring here as some know some don't!

 

You usually have to have a reason for staying in a specific area like moving out of the treatment catchment area if your are receiving it, family/friends/support networks etc.

 

Shelter has good guides on this (well had) also your Council website if searched hard enough will give you their rules and the names/numbers of the teams they have.

 

The Council if you think it's savable may be able to negotiate with your current landlord if you think it's worth a shot.

 

Basically have a read around and have a word with your Council.

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Phone your local authority and ask them what local floating support services there are and ask to be allocated a floating support worker. Their task is to help you gain and maintain your housing and will help you with applications and can attend panel if needed.

 

I've no idea what a freedom pass is?

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A freedom pass is an oyster card that provides free travel. Merton Council (where I live) are saying if I get diagnosed Aspergers or HFA, then I'll be entitled to one. What makes me laugh is my other mental health issues affect my mobility much more!

 

I'll give what you've suggested a go on Monday, thanks.

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A freedom pass is an oyster card that provides free travel. Merton Council (where I live) are saying if I get diagnosed Aspergers or HFA, then I'll be entitled to one. What makes me laugh is my other mental health issues affect my mobility much more!

 

I'll give what you've suggested a go on Monday, thanks.

 

What is your condition..

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The full list of my diagnosed conditions:

 

Social Phobia

Agoraphobia

Severe Depression (their words, not mine)

Borderline Personality Disorder

Passive Aggressive Personality Disorder

Narcissistic Personality Disorder

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I've never applied for a driving license, so honestly don't know if I would be refused one on medical grounds or not. I know I'd be hopeless, but that's not quite the same thing is it?

 

The council have stated that an ASD would be a learning disability, for which they would supply a freedom pass. As the diagnosed conditions I have are only mental health conditions, "this has nothing to do with them".

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Hey dasis16 and sorry to hear about the problems youre having at the moment. I too suffer with SAD, GAD with bouts of depression and yes its a struggle to keep yourself going at this time.

Have you a Mind centre near you? They could provide some support or sign post you to local organisations that could support you.

As for the bus pass, well I know many people with MH problems who have a bus pass.

 

I hope everything goes ok for you and take care :-)

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why did they refuse you your freedom pass? the only reason i ask is my sister gets a free travel pass a 2 year one for buses trains trams ect ect this is due to her being refused a driving licence due to the side effects of her anti psychotic medication i know this is one of the reasons she was granted hers she been getting them for the last 6 years now

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you need to contact your CMHT and complain to them about the lack of care and support your getting from them. id ask to speak to the duty phycaratrist and tell them how your feeling and that the current level of care is not enough for you to manage on a daily basis and your suffering due to this.

 

explain your situation to them and ask for a urgent appointment with them if you cant cope or a struggling to cope they will give you an appointment.

 

do you have a cpn? (clinical physicist nurse ( if you get no where tell them your going to complain to the health ombudsman

 

http://www.ombudsman.org.uk/

 

 

dont be afraid to get your point across

 

 

 

as for the housing situation most councils and housing assassinations can be a bit down winded most wait until your evicted until they can help you but if you have an eviction notice arrange an appointment with them this should be enough for them to put you in the list so you can start looking for somewhere else to live.

 

also register with as many housing associations and councils as you possibly can sending them in your eviction notice (if you have one) and also your urgency to move to a new property shelter is a great advice service to use try arrange an appointment with them in your area as soon as you can.

 

please keep in touch and let us know how you get on always lot of people on this site here to help

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have they given you a crisis card? with a number to call when its out of hours? and yes speak to cmht, or PALS if your not getting the help you need and feel let down by the service.

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I feel completely let down by the service. I currently have three written complaints lodged with various departments of the CMHT right now.

 

I have a meeting this afternoon at Merton Council with my support worker. Wish me luck! I think I am going to need it...

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The council have stated that an ASD would be a learning disability, for which they would supply a freedom pass. As the diagnosed conditions I have are only mental health conditions, "this has nothing to do with them".

 

If your IQ is above 70, you're not classed as having a learning disability. That's what I was told - and to them, learning disabilities are things like Downs Syndrome and not high functioning Autism / Aspergers. You're actually classed as having a mental health problem, yet, Autism isn't a mental health problem.

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