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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.  

      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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    • 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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Bankruptcy as a debt collection device


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Is using bankruptcy as a device for debt collection grounds for anulment of a bankruptcy order. I was made bankrupt in my absence & as yet have not been given the opportunity to examine the court case papers.

I did not recieve ANY papers concerning the case, but susequent papers recieved , concerning another related case indicate that at the time I was made bankrupt I was solvent, & had I recieved the SD the I would have been in a position to pay the demand, & at the time of the bankruptcy the lawyers representing the claimant,(debt was council tax) knew I had assets far in excess of their claimed amount ,an amount I was unable to verify, as I was unaware of the action against me.

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Don't think there are any rules that would stop bankruptcy being used. Just because you were solvent at the time, does not make any different.

 

Anyway, as you did not receive the SD or bankruptcy petition, you can make applications to the court to remove the bankruptcy.

 

Here is a thread where someone is going through the process.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?376589-Lowell-made-me-bankrupt-without-my-knowledge!!!

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Thanks unclebulgaria, looks like a very similar case in many respects although my case is with the local council & the documents from the related case I mention above also indicate certain documents I was served by substituted service, again I never recieved them.

The substituted service service was supported by a witness statement/statement of truth......is that acceptable or must there be an affidavit ?.

Also is first class post sufficient to serve an SD/Petition, or must it be registered, & if it is OK must it be substantiated with a certificate of posting ?, I vaguely remember reading a thread on CAG to the effect that substituted service must be by registered post (1925 property act), and if not complied with TO THE LETTER, then can be challenged under Boggis QC-RE AWAN judgement as not complying with "perfection of service" principles, is this correct ?.

There is a document recieved after the bankruptcy that suggests the SD was given to my former wife at another address, which she never recieved & so could not pass on to me. Is this legal to serve an SD to a third party, not withstanding the fact that it was never handed over in the first place.

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SD can be sent by normal post, does not need to be hand served. They can't give the SD to a third party. It should go to the last address they held for you, but not ever hand served to a third party.

 

With a BP, they need to arrange an appointment to hand serve this and only after a number of times of not being able to do this, can they effect substituted service, for which they have to give the court a statement. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/insolvency_pd

(13.3.4)

In most cases, evidence of the following steps will suffice to justify acceptance for presentation of a petition where the statutory demand has been served by substituted service (or to justify making an order for substituted service of a petition) –

(1) One personal call at the residence and place of business of the debtor where both are known or at either of such places as is known. Where it is known that the debtor has more than one residential or business address, personal calls should be made at all the addresses.

 

(2) Should the creditor fail to effect personal service, a first class prepaid letter should be written to the debtor referring to the call(s), the purpose of the same and the failure to meet the debtor, adding that a further call will be made for the same purpose on the [day] of [month] 20[ ] at [ ] hours at [place]. At least two business days' notice should be given of the appointment and copies of the letter sent to all known addresses of the debtor. The appointment letter should also state that:

(a) in the event of the time and place not being convenient, the debtor should propose some other time and place reasonably convenient for the purpose;

 

(b) (In the case of a statutory demand) if the debtor fails to keep the appointment the creditor proposes to serve the debtor by [advertisement] [insertion through a letter box] or as the case may be, and that, in the event of a bankruptcy petition being presented, the court will be asked to treat such service as service of the demand on the debtor;

 

© (In the case of a petition) if the debtor fails to keep the appointment, application will be made to the Court for an order for substituted service either by advertisement, or in such other manner as the court may think fit.

 

 

(3) When attending any appointment made by letter, inquiry should be made as to whether the debtor has received all letters left for him. If the debtor is away, inquiry should also be made as to whether or not letters are being forwarded to an address within the jurisdiction (England and Wales) or elsewhere.

 

(4) If the debtor is represented by a solicitor, an attempt should be made to arrange an appointment for personal service through such solicitor. The Insolvency Rules enable a solicitor to accept service of a statutory demand on behalf of his client but there is no similar provision in respect of service of a bankruptcy petition.

 

(5) The certificate of service of a statutory demand filed pursuant to rule 6.11 should deal with all the above matters including all relevant facts as to the debtor's whereabouts and whether the appointment letter(s) have been returned. It should also set out the reasons for the belief that the debtor resides at the relevant address or works at the relevant place of business and whether, so far as is known, the debtor is represented by a solicitor.

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Were there any adjourned hearings at all ? If they have asked for substituted service then they have to show on the petition affadavit / witness statmenet how they had attempted but failed to serve anything on you personally....

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Will check on adjourned hearings etc. when I finally get to see court documents later this week, & will advise ASAP.

Have seen the petition & it confirms service of statutory demand handed to ex wife at her current address (not same as mine), she acknowledges meeting the server ( 3rd party service), but was not handed any papers

Thanks to everyone for their help, its a stressful situation but at least now I have a game plan.

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  • 4 weeks later...

I have just been to court to seek an anullment for my bankruptcy on the grounds that the statutory demand was not served.It was claimed it was given to my ex wife at her home (different address),to give to me when I visited which it was not, & supported by a statement of service which was nonsense, & stated that the statement of demand was delivered to me personally.

The anullment was rejected on the grounds that the bankrutcy petition was served according to the rules (substituted service), it was posted through the letter box of my house where I had not been living for some time & was considered served.

I cited Boggis QC re Awan but the judge rejected it, as not relevant.

What can I do now I was not served a Statutory Demand, & the claimed form of service was via a third party,(which did not happen), which I understood to be unsatisfactory, the judge however is of the opinion that, as the petition for bankruptcy was served in accordance with the rules for substituted service, then the lack of service of the statutory demand is of no importance & does not warrant anullment.

What can I do about it.

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Sounds like you had a Judge who was not going to listen to what you had to say and just accepted what the other side had to say.

 

In view of the gravity of this, I think you are going to have to see a Solicitor who deals with bankruptcy, so you are not given the run around.

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Where do I find one, the only ones I've spoken to only seem interested in paying the other side, and charging me an arm & a leg to swap papers on my behalf. Any & all suggestions welcome I just need to speak to someone who is at least interested in reading the court papers.

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The next stage would be an appeal at the High Court, and this isn't something I would take on on my own....if you can locate a specialist solicitor who handles bankruptcies/insolvency then this may be a ray of hope....judges can vary wildly, and it seems you didn't get one who was a little more helpful towards your case. Judges like hard proof, and despite what you said about service (did your wife write a witness statement stating that she had never been given anything ?)

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  • 2 weeks later...
The next stage would be an appeal at the High Court, and this isn't something I would take on on my own....if you can locate a specialist solicitor who handles bankruptcies/insolvency then this may be a ray of hope....judges can vary wildly, and it seems you didn't get one who was a little more helpful towards your case. Judges like hard proof, and despite what you said about service (did your wife write a witness statement stating that she had never been given anything ?)

Thanks 42man sorry for the delay, & yes I would like to take this to the High Court, at the moment I am struggling to find an expert solicitor at ALL so anyone reading this who has found a solicitor who is willing to fight a bankruptcy rather than charge me a fortune for what is little more than a paper swapping exercise with the opponents, please mail me their contact details & I'll give them a call.

Yes, my former wife did make a statement of truth detailing the fact that she met the server (who was pretending to be from the council), & he most DEFFINITELY did NOT give her any documents at all. Unfortunately we thought the statement would be enough, as the servers statement was nonsense, he claimed to have personally served me in his statement confirming service (despite having admitted he'd never met me before that day), by handing the documents (non existent ) to my ex wife. this was not the case, the statement was dismissed, as she was not present at the hearing.

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See whether you qualify for legal aid, as I don't think this is going to be cheap.

 

https://claonlineadvice.justice.gov.uk/

We could do with some help from you.

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