Jump to content


  • Tweets

  • Posts

    • 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.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

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


Danny321
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3908 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Cheers DD, think I've been helped (or rather Hubby has) just from reading existing threads :)

 

Excellent - that's what we like to hear :)

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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.

Link to post
Share on other sites

  • Replies 128
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I'll do that now.

 

Danny, I have just looked at Revival's website and they refer to sending a "specialist court advocate" to court, not a solicitor. Did they specifically say "solicitor"?

 

Yes they said he is a solicitor

Link to post
Share on other sites

Thank you Daniella...I have checked with the Law Society, and there isn't in fact a solicitor registered with either spelling of that name.

 

Edit: My mistake - there is in fact a solicitor in Edinburgh who specialises in commercial property.

 

Are you not in England?

 

Yes I'm in england

Link to post
Share on other sites

I'm assuming he hasn't called you yet? If he hasn't, you must go back to Revival and get the name of his firm and his telephone number. You only have two hours of the working day left!

 

I have tried but they saying he will call you, beginning to think it was a bad idea

Link to post
Share on other sites

They're not doing much for their £495 ! You've had more information and support on this thread than you have from them :(

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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.

Link to post
Share on other sites

I don't know when or if I am going to get a call from the solicitor, he might just decide to call me in the morning just before the court case.

 

Is there any last minute advise that you guys can give me,

 

By the way you guys have been great thanks for your time and your input

Link to post
Share on other sites

i know i am not no solicitor but i am trying to find the case for Cheltenham & Gloucester BS v Obi so i know what the out come was. Cant seem to find it.

 

Does anyone know the out come of this case?

Edited by Danny321
spelling mistakes
Link to post
Share on other sites

You don't need to read the case, it's only the points I referred to that are relevant.

 

This is why you were told right at the beginning that you NEEDED a solicitor. You had better hope that whoever is turning up to court tomorrow is actually a) a solicitor and b) a solicitor who is experienced in regaining entry after possession has occurred - and c) at the very least has extensive experience of possession proceedings.

 

Good luck.

Link to post
Share on other sites

this is a letter from my father to the judge for not attending, please can you have a read and see if i need to change anything if you have the time. much appreciated

 

Your Honour

 

i would like to apologies for not attending the hearing as i have been admitted in to hospital on Thursday night, due to having chest pains. i am a heart patient who has had a by pass and the doctor wanted to keep me in for a couple of days whilst they do check ups and so they can observe me.

 

As i cant attend i have sent my son with my legal representative John to act on my behalf. i would like to explain the situation briefly, I had to visit Pakistan due to an emergency on 25 December 2012 so before i left i set up a standing order for a payment of £7400 (£1400 for January this included the monthly payment and £600 towards the arrears, and £6000 for the lump sum that due in February) these payments were set due to the court order.

 

Unfortuantly when i set the standing order the account number i entered was 00400497 but the correct account number for Oakwood Homeloans was 00404497. so for that reason the payment did not reach Oakwood Homeloans. I was not aware of this until i returned on 16 March 2013, to find out the payment was made and a eviction date was set for Tuesday 19 March 2013, because i got back on Saturday i couldn't get through to Oakwood until Monday morning.

 

Once i spoke to Oakwood i explained my situation and they asked me what i was prepared to pay, i explained to them the £7400 that was agreed in December is still in my account as the payment failed due to me putting the wrong account number and no other reason, so i can pay the £7400 in full via debit card payment. i was advised the proposal had to be put to a manager and i will get a call back. a short while later i got a call back and i was told if i pay the £7400 and i send proof i was out of the country then the eviction would be cancelled and the court order would be up to date.

 

The adviser told me that she could only take a payment of £5000 via debit card and the remainder £2400 would need to be made via ban transfer or direct in to the account at Barclays. so i made the £5000 payment and i sent a print screen of my ticket confirmation, and i made a online transfer for £2400. once the proofs were sent i call Oakwood and i was advised they had got the proof but they was not satisfied with it, re wanted to see a ticket or my passport, i didnt have my ticket so i said i would sent me passport copy ot them.

 

The £2400 payment was not showing on the account aswel. So by this time it was 430pm and the adviser told me they had not received my online payment, i also sent them the proof of that payment aswel and advised i will have to go to the bank in the morning to ask why its not reached your account.

 

so in the morning i went to the bank and was advised that faster payment reach the recipients account within 2 hours because my payment exceeded £1500 it wont go through as a faster payment and will take 2 days, i explained my situation and my bank cancelled the payment and gave me cash so i could deposit it direct in to Oakwoods account and ince that was done i sent proof via fax to Oakwood of that payment.

 

then i called Oakwood again and they told me they wanted the front part of my passport aswel so i sent that via fax several times to 2 different fax number and i also sent it via email aswel. after about 20 minutes i was told they have got the copy the adviser got in conatct with the manager to advise that the payments and proofs have been received. then i was told that the eviction would still go ahead as they wanted to proof that i was going to redeem the mortgage.

 

I explained to them that i was in the process of remortgaging but due to me having to leave the country in an emergency the process was put on hold and now i am back i am going to get a new date for the valuation (fees had already been paid for the valuation to the mortgage broker) and once i have had that done i will sent the documents, and also how come i wasnt told about this when i called up on Monday morning and why are they telling me 30 mins before the eviction. I explained to them if i had been told this i would have advised i would not be able to sent you this proof and i would have put an application to see a judge at the court and explain my situation and let the judge decide, because they didnt mention that to me and made an arrangement with me and now they are going off there arrangement and have took away my right to an application to see a judge.

 

The response i got was get in contact with citizen advise bureau when the bailiff was at the door step. If i had known this was Oakwoods intentions then i would have made the payments to them and put an application to see a judge before the eviction was due to take place. By Oakwood homes changing their arrangements the last minute they took that opportunity away from me.

 

I do apologies for not attending and for writing such a long letter. I hope you can see the situation Oakwood have put me in.

Link to post
Share on other sites

After a long hearing over 20 mins the judge demanded we get the keys back as we were in constant communication with the lender up until the eviction and due to lender moving the goal post one the last minute that took away out chance of making an application to the court,

 

The rep I had didn't have a clue of what was going on as he didn't know the situation of the case I actually spoke more then he did, waste of £495

 

I just want to say thank you all so much for the information you all gave me,

 

The points Lea made were the ones I used in court an they are the ones that have got me entry back to my home,

 

I wish I could reach out and give you all a big hug

Link to post
Share on other sites

I'm glad you got a good result, well done :) Hoiwever, you should make a complaint to Revival and ask for a refund. Who exactly did they send - was it a solicitor ?

Help us to keep on helping

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

 

 

This site is run solely on donations

 

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...