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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Repossession questioned by deeds not being signed


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If you insist on using the untried and untested 'ideas' posted on this thread, I beg you to at least use them in conjunction with tried and tested methods, don't put your home at risk as a result of accepting these 'ideas'.

 

I am personally deeply saddened that you have come across this thread and now considering these ' ideas' - if you can, please speak to a Solicitor first, even if it is just an initial discussion meeting.

 

I am still using "tried and tested" methods but they are not working

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So Ben you have a letter from my friends to their solicitor ASKING for this to be done??

I think not

 

What ?

 

Of course I don't have a letter from your 'friend' to their solicitor

 

Why would I have it and how would I have got it ?

 

Makes no sense.

 

Yes Mark, I am Bones

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Ben,

No because you will find NO letter from any borrower stating please send this on to the LR, only they send it to the LENDER.

Your so sad that people are trying these methods, well as I've said before and you and others have over looked here

There are 2 TWO cases which have stopped all possession hearing because of the question of deeds not being signed.

I would also point out that until the Norgan case which I am sure you, or may be not agree had no help from CAG was done as a first ' TEST' case but that is only any good if the borrower can pay the extra and has the time to do it within the term and then the rates go up and up.

As said before there is no reason for you to worry I am sure a D/J and C/J know what they are doing.

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Ben,

No because you will find NO letter from any borrower stating please send this on to the LR, only they send it to the LENDER.

Your so sad that people are trying these methods, well as I've said before and you and others have over looked here

There are 2 TWO cases which have stopped all possession hearing because of the question of deeds not being signed.

I would also point out that until the Norgan case which I am sure you, or may be not agree had no help from CAG was done as a first ' TEST' case but that is only any good if the borrower can pay the extra and has the time to do it within the term and then the rates go up and up.

As said before there is no reason for you to worry I am sure a D/J and C/J know what they are doing.

 

The borrowers solicitor sends the mortgage deed to the land registry when the solicitor requests the borrowers to registered as the owner of the legal estate. The borrower does not send it to the lender.

 

Your providing advice when you are not even familiar with the actual process ?

 

To answer your question, no I don't have a copy of a letter that doesn't exist.

 

Yes Mark, I am Bones

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YOU ARE WRONG YET AGAIN BEN THE BORROWERS SOLICITOR DID NOT SEND THE DEED TO THE LR AT ALL BUT TO THE LENDER AS I HAVE A COPY OF THE LETTER AND IT CONFIRMED.

sO IF YOU ARE SAYING THAT THEY ARE LIEING AND HAVE COMMITTED FRAUD THEN I'll BE HAPPY TO TELL THEM.

i AM AND HAVE BEEN VERY FAMILIAR WITH THE ACTUAL PROCESS FOR THE LAST TWO YEARS WHEN DEALING WITH THESE CASE.

AND YOU HAVE ANSWERED YOUR OWN QUESTION YET AGAIN

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A snippet from the Law Society

 

http://www.lawsociety.org.uk/for-the-public/common-legal-issues/buying-a-home/

 

 

Completion

 

This is the final stage in the conveyancing process when your solicitor hands over the money to the seller and the keys are released to you. Your solicitor will pay the stamp duty land tax and Land Registry fees on your behalf. Your solicitor will register the interest of your mortgage lender and record you as the new legal owner of the property.

 

"your solicitor will register the interest of your mortgage lender"

 

Exactly as I previously posted

 

Yes Mark, I am Bones

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I am still using "tried and tested" methods but they are not working

 

Hi Ya........ we were advised you were looking in.....Welcome.......tell your friends, family, associates, your neighbours...the man on the street.....the press.....tell everyone you come into contact with that which you have learnt here.....

 

I could not have made your point more clearly myself.....so....Here, Here.......

 

The current relied upon 'tried and tested' methods are not 'working'......They merely cover over the REALITY......and that is.....When you 'MORTGAGE' you affectively DISPOSE of the Legal and Beneficial Interest in your Estate......that means you are essentially paying and maintaining the house for the Lender......that's not what borrowers bargained for....and fortunately it is not what the legislator intended either....

 

We learnt that by virtue of the LRA 2002.....the legislator on noting that Lenders have been taking the proverbial.......and so since then no borrower has power to 'mortgage' only power to secure indebtedness.........

 

We learnt that if the deed is only signed by you....then it is VOID..... your lender will have NO DEFENCE.....

 

This will be so, even if you took the loan out over 400 years ago....

 

Check your Deed......has your Lender done you the honour of executing it?

 

I hear you when you say you have 28 days to put in a Defence.....The court will be ever so glad you found this thread....You will assist them give your lender short shift if they have not executed the deed.... : )

 

Please...... make my day and tell me your deed is only signed by you....

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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A snippet from the Law Society

 

http://www.lawsociety.org.uk/for-the-public/common-legal-issues/buying-a-home/

 

 

Completion

 

This is the final stage in the conveyancing process when your solicitor hands over the money to the seller and the keys are released to you. Your solicitor will pay the stamp duty land tax and Land Registry fees on your behalf. Your solicitor will register the interest of your mortgage lender and record you as the new legal owner of the property.

 

"your solicitor will register the interest of your mortgage lender"

 

Exactly as I previously posted

 

Ben

 

Thanks for this......Are you looking to push the blame on the Borrowers solicitor to say......it is the Borrowers Solicitors fault that the Lender did not execute the Deed??

 

Are you saying that the Lender will come into court and try to look to the Borrowers Solicitor for redress?

 

ummmmmm, that would be an interesting outcome:lol:

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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I would have to read the deed for myself first, as many include a reference to further advances.

 

Some will say 'this deed is also used to secure further advances'

 

In addition Some will also say that the lender is not obligated to provide a further advance.

 

The wording is of paramount importance.

 

To give you a specific answer, the answer would have to be based upon a specific mortgage deed, that I have read for myself.

 

Also remember that the HMLR practice guide also includes another method by which further advances are accepted.

 

Ben

 

On the other thread...you were quick to advise that it is only if the mortgage deed makes reference to a further advance that the lender has to execute it.......are you having second thoughts??

 

I do wish you would do as we do.....which is to make the distinction between the formalities required by HMLR for an 'approved form of charge' and what statute (that's the Legislator) says...the legislator says that the borrower must sign and the lender must execute the Deed.......

 

Try to refrain from looking to confuse discerning consumers....we pay and contribute to the CaG.....we do not do that so that you can come and try to misguide us.....

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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I knew you would be along soon lol

 

Not that you guys aren't on top of things without me : )

 

I can see all are well focused.......and MUST remain so.

 

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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Hi Ya........ we were advised you were looking in.....Welcome.......tell your friends, family, associates, your neighbours...the man on the street.....the press.....tell everyone you come into contact with that which you have learnt here.....

 

I could not have made your point more clearly myself.....so....Here, Here.......

 

The current relied upon 'tried and tested' methods are not 'working'......They merely cover over the REALITY......and that is.....When you 'MORTGAGE' you affectively DISPOSE of the Legal and Beneficial Interest in your Estate......that means you are essentially paying and maintaining the house for the Lender......that's not what borrowers bargained for....and fortunately it is not what the legislator intended either....

 

We learnt that by virtue of the LRA 2002.....the legislator on noting that Lenders have been taking the proverbial.......and so since then no borrower has power to 'mortgage' only power to secure indebtedness.........

 

We learnt that if the deed is only signed by you....then it is VOID..... your lender will have NO DEFENCE.....

 

This will be so, even if you took the loan out over 400 years ago....

 

Check your Deed......has your Lender done you the honour of executing it?

 

I hear you when you say you have 28 days to put in a Defence.....The court will be ever so glad you found this thread....You will assist them give your lender short shift if they have not executed the deed.... : )

 

Please...... make my day and tell me your deed is only signed by you....

 

Apple

 

hello apple, my deed is signed by me and the witnessed signature is signed with a solicitor company stamp underneath so there are 2 signatures on my deed, does this mean I cannot apply to the chamber?

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LOL that's the point we ARE FOCUSED and that's the problem for them, may be some people need to redraft their defences to the chamber as looking at it again its not all that much about signing the deed but what is owed lol.

I also note that there are no responds to the question of how 2 cases have been put on hold then??

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I hope no matter what ideas be they fanciful or otherwise are posted on this thread, it remains open at least until after the Property Chamber hearing.

 

It is of paramount importance that the outcome is published in this thread, to ensure no one else seriously considers those ideas.

 

Only then will common sense prevail

 

Yes Mark, I am Bones

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hello apple, my deed is signed by me and the witnessed signature is signed with a solicitor company stamp underneath so there are 2 signatures on my deed, does this mean I cannot apply to the chamber?

 

Hi Ya

 

Your signature is required.....the person who witnessed your signature is also required along with their name and address.....that's your part done.....this is the 'solemn form' required in relation to your statutory duty to sign the deed.....

 

Your Lender is also statutorily required to execute the deed......'execution' is said instead of 'sign' for your lender because....the Lender is a Company....they have a duty to execute in accordance with their 'Articles and Memorandum of Association' (Ltd Companies) (Ben...have I said that right??)....and they also have a statutory duty (this is the legal duty) to execute in solemn form ...that's the signature of at least 2 Directors and witnessed...

 

If the space for your Lenders signature is 'blank'......THE DEED IS VOID

 

Please make my day......is the space where your lender is supposed to sign BLANK???

 

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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I am looking at a copy of my remortgaged deed ( I do not have a copy of the original mortgage deed) it is a single page and I cannot see any box where the lender signs or where it says lender signature, there are 4 spaces under signature of the borrower with the top box signed by me,the next column has 4 boxes also for signature name and address of each witness, the top box is signed and stamped by a solicitor, there are also 2 stamps from the land registry on the page so no in answer to your question there is no other signature, unless I am missing a page?

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I am looking at a copy of my remortgaged deed ( I do not have a copy of the original mortgage deed) it is a single page and I cannot see any box where the lender signs or where it says lender signature, there are 4 spaces under signature of the borrower with the top box signed by me,the next column has 4 boxes also for signature name and address of each witness, the top box is signed and stamped by a solicitor, there are also 2 stamps from the land registry on the page so no in answer to your question there is no other signature, unless I am missing a page?

 

When did you 're-mortgage'....Just state the Year please?

 

Apple

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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