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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Since your son is presumably not mentioned as owner on the land registry, she would have to convince the court that he has some sort of 'equitable' interest in the house, i.e. that he is the real owner despite what it says on the land registry. That claim is difficult to prove and I think it is also a little bit contradictory to her estoppel claim against you.

 

Not sure why they would settle me a letter for settlement then not signing consent

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Since your son is presumably not mentioned as owner on the land registry, she would have to convince the court that he has some sort of 'equitable' interest in the house, i.e. that he is the real owner despite what it says on the land registry. That claim is difficult to prove and I think it is also a little bit contradictory to her estoppel claim against you.

 

Consent orders to they get signed before trial

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A consent order means that both parties have agreed on a compromise. That is the 'consent' part. The 'order' part is that the court endorses the compromise to make sure each party sticks to it.

 

A consent order would normally be signed before trial, yes. There would be no point agreeing to compromise a case after you have already gone through the trial.

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A consent order means that both parties have agreed on a compromise. That is the 'consent' part. The 'order' part is that the court endorses the compromise to make sure each party sticks to it.

 

A consent order would normally be signed before trial, yes. There would be no point agreeing to compromise a case after you have already gone through the trial.

Thnxs steam plz,let me clear my q is it normal practice if you agree before trial for the other side to sign order after trial date and then send you letters like our client is consulting counsel etcc

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You would normally consult counsel before agreeing to a consent order. If she is consulting counsel that would usually mean she hasn't decided what to do.

 

Ok so if she doesn't sign next option. Back to trial or can I used her letter where she's agreed a settlement to evict

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Going to trial is certainly one option.

 

A letter agreeing to a settlement might help you, but in order to be useful would need to satisfy the basic legal requirements for a binding contract. In particular it must be clear that she gave her unconditional agreement and it must be clear exactly what the terms of the settlement are (something like 'I want to settle' or 'I might consider settling for £100' would not be enforceable; something like 'I agree to settle for £100' would be). I can't give a view on this without seeing the exact wording of the letter and knowing the history to the discussion, so it is a question for your solicitor if he is still involved.

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Going to trial is certainly one option.

 

A letter agreeing to a settlement might help you, but in order to be useful would need to satisfy the basic legal requirements for a binding contract. In particular it must be clear that she gave her unconditional agreement and it must be clear exactly what the terms of the settlement are (something like 'I want to settle' or 'I might consider settling for £100' would not be enforceable; something like 'I agree to settle for £100' would be). I can't give a view on this without seeing the exact wording of the letter and knowing the history to the discussion, so it is a question for your solicitor if he is still involved.

Exact wording we confirm our client accepts your clients offer then it mentions the amount then it says please send a draft consent order for our approval

My question with this letter will I get the eviction approved?

The offer approved by them is it a legal binding contract ?

On top of letter is says without prejudice

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That wording sounds quite clear to me. I'm reluctant to express a clear opinion without actually being able to read the documents, but it certainly sounds like there is a binding settlement contract there, as the offer has been accepted.

 

I'd think that should be enough to dispose of the estoppel case (though better to have the consent order) if push came to shove. It would help greatly with the eviction (but wouldn't necessarily get you an instant eviction if she still refused to leave).

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That wording sounds quite clear to me. I'm reluctant to express a clear opinion without actually being able to read the documents, but it certainly sounds like there is a binding settlement contract there, as the offer has been accepted.

 

I'd think that should be enough to dispose of the estoppel case (though better to have the consent order) if push came to shove. It would help greatly with the eviction (but wouldn't necessarily get you an instant eviction if she still refused to leave).

 

So if they don't sign consent order it will make no difference

Will there final letter that they are seeking councils advise cancel the acceptance letter

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If there is a legally binding contract formed when they accepted your offer, they can't undo that by seeking advice later. A binding settlement agreement is binding regardless of whether you implement that through a consent order or in some other manner.

 

If there was not a legally binding contract formed for any reason, it remains the case there is still no legally binding contract.

 

It is possible that they accept the terms of the settlement in principle and are taking advice only on how that is to be implemented through the precise wording of the consent order.

 

I don't want to say which possibility is the case here, as to give a sensible opinion on this I'd need to see the actual documents.

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IMHO, I would continue with case in court and let them agree to any settlement in front of a judge.

No compensation or any concessions until they are actually out and you have all the keys.

You will have to play hard ball now, as they keep prevaricating.

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IMHO, I would continue with case in court and let them agree to any settlement in front of a judge.

No compensation or any concessions until they are actually out and you have all the keys.

You will have to play hard ball now, as they keep prevaricating.

 

Ok thnxs even if I get consent can she then sue my son for beneficial interest on house

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Latest consent order signed by opp basically agreeing to she is only a licensee in the property a date given to leave if not I will need a warrant from court to evict

If she has agreed she is only a licensee does that mean she has no beneficial interest ?

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Latest consent order signed by opp basically agreeing to she is only a licensee in the property a date given to leave if not I will need a warrant from court to evict

If she has agreed she is only a licensee does that mean she has no beneficial interest ?

Yes.

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The consent order is great news. That should stop her claiming any interest in the property.

 

Could she know after signing consent order start to say that my son has an interest in house

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Could she know after signing consent order start to say that my son has an interest in house

No, provided that this is prevented by the consent order. Consent orders are legally binding.

How long will it take to get warrant from the court for baliffs

I don't know the answer to this.

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No, provided that this is prevented by the consent order. Consent orders are legally binding.

 

I don't know the answer to this.

 

All sorted got it back she left before baliffs turned up

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