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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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House repossessed by Oakwood Homeloans because of confusion, can we get it back?


Danny321
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I had a court order to pay my monthly payment and addition £600 on top, also 2nd month was to pay £6000 to wards arrears and followed by the monthly payment and £600 towards arrears,

 

I had to go abroad in an emergency and set up a standing order but with my luck I inserted the wrong account number so the payments didn't leave my account,

 

I returned after a long 2 months in a saturday to find out the following Tuesday an eviction is set, I called oakwood homeloans first thing Monday morning and made an arrangement to pay the money I should have paid till this date according to the court order (£7400) and send the mortgage company proof of my passport I was in the country and they would cancel the eviction provided they gad the proof and cleared funds,

 

all that was done but the eviction still went ahead, I could have gone to court and applied for it to be suspended as I was paying a large amount but I didn't because I had agreement with the lender and they the payment of me and went if there word,

 

30 minutes before the eviction they told me they would not cancel it as I was the legal rep of the property as the mortgage was on my Kate rides name and they want to see done additional proof that I had the intension to redeem the mortgage.

 

But thus was not asked from me when we originally spoke was advised if this 30 mins before eviction. Is there anything I can do to get the property back.

 

Rapid response would be appreciated

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I will explain my situation in full.

 

I went court early December 2012 to get a possession suspended, I offered to pay lump sum of £6000, and monthly payment plus £600 towards arrears. It was accepted by the judge and first payment of monthly payment and £600 was due in January followed by the £6000 in February.

 

On 25 December I had to leave country so I set up a standing order for these payments. But I entered the incorrect account number so the payments failed.

 

In the mean time the lender applied for a eviction, the eviction was dated for the 19 march 2013, I returned to the country on Saturday 16 march.

 

When I got home I realised the payments had not been made so I called lender first thing Monday morning and told them my situation and they came back to me and told me pay January and February payment and send proof you were out of the country and we will cancel eviction.

 

I didn't have any problems with that because I had the money sat in the bank so I made a payment to them of £5000 over the phone as they would not take more than that over the phone and I put £2400 in the account over the counter at the bank. I sent them the proofs of my passport to say I was out of the country,

 

I had gave them everything they asked for.

 

Now it's Tuesday morning they have confirmation of my passport and evidence of cleared funds, now they have decided they want proof of me that I am going to port the mortgage as the mortgage is in my late wife's name and I am legal rep. I told them I in the process of that but had to put on hold as I had left the country, now I have returned I will push for a valuation report on the house fit the remortgage to go in to mine and my daughters name, but they insisted they wanted proof. I explained to them no one mentioned to me they would want this information if they did I would have gone to court and sat in front of a judge and got eviction cancelled but didn't think it was necessary as I had agreement with the lender,

 

Basically the lender made me an offer to stop the eviction but had on intension to stop it. Even though there calls are recorded and each call has been logged with note of our discussion,

 

I have been told I should fill out a n422 and see a judge as the court judgement was bought up to date as requested by the lender.

 

Have I got any chance of retaining the property back as I believe the lender lied to me?

 

Sorry about the long post but I thought you should know the full situation to pass your best advise

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And also the court bailiff even advised me to go to court and ask to see a judge as the lender advised her payment had been made but they still wanted her to along with the eviction.

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You should certainly apply to the court to have the eviction overturned. I'm at work at the moment so have limited time to assist you. I have affixed an N244 form here for you and will try to look in later this morning. Ring your local court and ask if there is a judge today who would hear an emergency application.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=31144&d=1320168595

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Thanks for your reply, i have completed this form and they have me a date for this Friday coming. What are my chances to getting the property back as I paid £7400 to date and there is still arrears there of 6000 but I can pay them 600 on top of my monthly payment. Just like the court initially ordered,

 

What are my chances? Have you come across this situation before?

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Hi Danny,

 

Nobody can give an exact prediction about what happens in any Court, but the good things are that you have paid the £6,000 you agreed for February and in fact paid a further £1,400. You have proof that you were out of the country. You can also, presumably, prove that you will be able to settle the outstanding arrears of a further £6,000 by 10 monthly payments of £600.

 

If you have the calls recorded I would make sure you take those with you to the Court with the means to play the tape if necessary.

 

Hopefully they will agree to cancel the eviction and suspend the repossession order.

 

Ell-enn will advise further.

 

DD

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Hi, I have asked Lea_HTH to have a look at your thread as she may have more experience of your particular situation (i.e. the repossession has already taken place).

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Yes I know but I don't think the judge will accept call recordings in court.

 

I spoke to the gentleman in the possessions department at oakwood homeloans, I told him that I sent payment and proof and you required more proof but didn't tell me till the last minute, so I asked him to go through all my notes for each call since Monday morning and there was no mention of redeeming the mortgage until the day of the eviction.

 

He did say he was going to speak to all the advisers I spoke to and ask what they advised me and get back to me but I know he isn't going to call me. Even if he does it won't be in my favour.

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How can I prepare any advise for me. I have my accounts for my business to show my income I have proof of my sons rent from a commercial property going in to his account I have wage slip of my daughter showing her salary as they live with me and contribute by giving me £300 each a month,I have my statement showing the £5000 card payment made, I have a recipt of £2400 paid at Barclays in to oakwoods account.

 

Is there anything else I need.

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Hang on and see if Lea is able to advice further. Did you explain in the N244 that you were going to take over the mortgage yourself?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I mentioned the situation about payments I made and proof I sent, also did write that everything that asked for was met by me, but on last minute they asked for proof of redemption 30 minutes before eviction,

 

When you fill out a n422 form does the judge see it before I get a court date, what I mean is who decides I can see a judge?

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I have been advised from a couple of solicitors that we have a case for oppression in exciting warrant as the lender advised following payment and proof sent eviction will be cancelled, due to this information I didn't think I needed to take any other actions to prevent eviction,

 

Does any one have more information to this matter and has anyone come across this situation before

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No sorry I think I have confused you, I spoke to a random solicitor that advised me of the above.

 

I have spoke to the lender just now and I have requested the call recordings of the conversations and the notes they have on system following every conversation. They have advised me they need that by writing and they need a payment of £10 via cheque to release that. I asked if I can pay by card so I can get information instantly but they have said no has to be cheque. (I just think its another way of delaying the matter so I don't have the information of when I go to court on Friday)

 

They have told me they only received the passport copy at 10.49am when I started faxing the document to them at 930am I also sent the document via email at 1021am and they say it was not sent on time as the eviction was due to take place at 1030am but the bailiff did not start the eviction till 1100am as she was late and then she was trying to get through to the bailiff.

 

They are also saying the reason the eviction was not cancelled is due to not getting the front page of the passport on time and for not receiving proof of a remortgage.

 

Initially when the agreement was made the remortgage was never mentioned to me and never requested. Until the morning of the eviction.

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So are they going to advise the Court that they do not now want to continue with the eviction as the arrears have been brought up to date? Or are they still intending to continue with the eviction unless you make an application to the Court to have it cancelled? Are you speaking to a lawyer at the lender? Or is it someone who is implying they are a lawyer when in fact they are not? If you come to any verbal agreement with someone at the lender's over the telephone you must know their title and whether they are authorized to make an arrangement. Otherwise you must continue with your application to the Court to have the eviction cancelled.

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I think that you should seek the assistance of a solicitor, as the following are complicated arguments that hinge on law, and not just fact (which is the usual element relied on in a stay application). What you are going to do is try to set aside the warrant – and to do so there are only three ways that a court has jurisdiction, 1) if the possession order itself was set aside (unlikely as you could have challenged this when it was first granted), 2. the warrant has been obtained by fraud (not relevant to you as it was not fraudulently obtained, and 3) there had been an abuse of process or oppression in its execution (this is the one you will be relying on – namely 'oppression'). These three points are from case law: Cheltenham & Gloucester BS v Obi.

 

 

You relied on the mortgagee's promise to cancel the eviction if you made payment of 7400 by a certain time/date. They accepted your payments, the 5k first, followed by the 2.4k later, and they then failed to carry out their end of the deal; i.e. to cancel the eviction. This relates to oppression, as, had you not relied on their promise, you would have made an application to the court in time to allow a judge to decide on your application to stay the warrant. Relying on the promise took your right to apply to the courts away.

 

 

To find oppression, there must be an action on the part of someone which is open to criticism, and which has caused prejudice to the occupier. I think your situation falls into this definition.

 

 

There may also be an argument of promissory estoppel – as you acted to your own detriment by paying the money and they backed out of what you were paying the money for (to keep the house).

 

 

As indicated, these are legal arguments, and whilst you could argue them in court yourself, the above is only really basic information. It is likely the other side will oppose and raise other case law in support of their position and to challenge them you'd need to know the law. As I said, a solicitor is your best option.

 

 

Possession is supposed to be a last resort. (MCOB 13.3.2E(f)) – if they have not taken all steps to allow the position to be resolved, then they have failed in their duty to you. Point this out to the court. MCOB 13.3.1 states that a firm must deal fairly with someone who is in arrears. They failed on this point too. (The use of the word 'MUST' is particularly pertinent.)

 

 

As I said, you would be best advised to get a solicitor to represent you as regaining possession of a property after a warrant has been executed is particularly difficult.

 

 

If the facts are not as you stated them to be – for example, if the PO was granted as an 'unless order', then the above advice will not work as failing to make the payments would have allowed the eviction to go ahead. You need to have someone look at all the relevant paperwork to ensure you are not making a fruitless application.

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