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    • 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 If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 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 756050. 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)     Thw 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 Firrst 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.  A 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)  
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Accident Exchange - letters after 9 years ??


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Hi there,

 

 

9 years ago, we hired a car from Accident Exchange after a no fault accident,

the other driver went right into the back on us on a motorway with other cars all around.

 

 

We filled in all the paperwork at the time and helped AE with everything they needed

and thought that it was then all settled.

 

 

Now, I've had a phone call from them asking me 4 times if I was the driver in the car (I wasn't),

then calling back on our home phone line and refusing to speak to me as they only wanted to speak to my wife.

 

 

We then received a number of blank letters to sign to authorise any solicitor to give them a case file

with no details of what it is we are sigining or why.

 

 

then I get a letter with copies of all our original casework suggesting they are still owed thousands of pounds

intimating that they'd like me to pay that.

 

 

Surely after 9 years and all the help we've given them that they've had enough of an opportunity to sort this out.

 

 

Any advice ?

 

 

We did hire the car, so I'm sympathetic to them getting their money back,

but on the other hand they've had plenty of time

and I'd like them to just go away and sort this all out themselves.

 

 

Roy.

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If the agreement you signed for the hire car was more than 6 years ago and you have not made any payments to them or admitted liability in writing, then the matter is subject to statute of limitations. i.e means that they cannot enforce this debt in court.

 

Sounds like an admin c*ck up at AE. They have obviously not been able to recover their outlay from the third party driver responsible for the accident. So 9 years later, they are trying to seek a recovery from the person who signed the hire car agreement.

 

I would be inclined to write back to them stating that the matter they are raising occured 9 years ago and any monies related to a hire car would be subject to the Statute of Limitations act 1980. Advise them that they are responsible for the administration of this account and it was up to them to handle the matter within any legal time constraints. You therefore do not wish to be involved with something this historic and do not want to be contacted again.

We could do with some help from you.

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I mentioned this on the phone to them yesterday and they suggested it wasn't time limited as the Default occured in 2008 at a court case ?? I have no knowledge of any court case and reading the original hire, it does seem like it would be from 2004 and not 2008 ? They want access to the solicitors files that the insurance company used at the time.

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I mentioned this on the phone to them yesterday and they suggested it wasn't time limited as the Default occured in 2008 at a court case ?? I have no knowledge of any court case and reading the original hire, it does seem like it would be from 2004 and not 2008 ? They want access to the solicitors files that the insurance company used at the time.

 

You were liable for the hire car costs from the point the agreement was signed and this could be enforced in court for a period of 6 years. The court case is a separate matter and you did not have any involvement in any court case.

 

Don't speak to them on the phone again. Just write back to them as suggested. i.e the matter is too long ago and it was up to them to deal with it within legal time constraints.

We could do with some help from you.

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send the statute barred letter from the green library tab top left

 

 

and stay off that phone

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I mentioned this on the phone to them yesterday and they suggested it wasn't time limited as the Default occured in 2008 at a court case ?? I have no knowledge of any court case and reading the original hire, it does seem like it would be from 2004 and not 2008 ? They want access to the solicitors files that the insurance company used at the time.

 

 

 

Hang on, what court case?

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Hang on, what court case?

 

Very valid question. Of course if it had anything that related to these hire costs, then of course it might affect whether the debt is statute barred or not. From what I read, the OP was not aware of the court case and they have no details of it.

 

Hopefully AE will respond to the statute barred letter and provide details of how the court case affects statute barring.

We could do with some help from you.

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I bet there's some paperwork from PCJ Solicitors knocking about somewhere... And also do you remember if the other side were insured with AXA?

 

If we're talking about reviving old claims this could be the reason - the link I posted here might not work so... an excerpt:

 

"Credit hire operator Accident Exchange is set on pursuing its legal challenge of cases involving evidence from now-defunct Autofocus that it exaggerated costs, after accusing Axa and its lawyers of complicity – a charge Axa denies.

 

The CHO has reached settlements with more than 50 insurers since December 2011 when it won appeals on four test cases where Autofocus evidence had been used by insurers to show credit hire rates provided by the CHO were too high.

 

However, it has continued to take other individual cases to the Court of Appeal, including those involving Axa, in order to renegotiate rates."

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Hi there,

 

I've no idea about a court case. My wife was hit from behind on the motorway by a truck and the car was off the road for a number of weeks. We had a hire car from AE and our insurers got us money back from whiplash for my wife. She did in fact have whiplash and needed to see a chiropractor on a number of occasions as she had quite a lot of pain in her neck after being hit by the truck.

 

The latter I got with details from AE says:

 

"As discussed, we still have outstanding hire charges resulting from this accident whcih we are no longer able to recover from the third party insurers and leaving you liable for the outstanding amount. We are aware that court proceedings were issued on this claim by solicitors acting on your behalf, and that the hire charges were not included within those proceedings. We are still trying to find out why this was.

 

We were unable to make a full recovery of the hire charges and so passed our file to panel solicitors to issue court proceedings. They found out that another firm were already acting on your behalf. Although we passed the hire charges onto this second firm, they were still not included.

 

I have previously asked that you sign a release form in order to obtain a copy of the solicitors file. If they were aware of the hire charges but took no action to include them, then they will have prejudiced recovery of the hire charges. Should this be the case, then we will be seeking to recover the balance of hire from the solicitors rather than you directly. This may require further assistance from you in the future."

 

and then they've included a copy of a release form for us to sign to give them access to solicitors files.

 

Any ideas ?

 

As I said, I don't have any problems with helping them be paid for a car that was hired, I'd just really like them to go away and sort this out and stop bothering me with threats that they want the money from me ??

 

Roy.

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Looks like the solicitors dealing with your wife's injury claim didn't pursue the hire charges at the same time. Normally its because they don't know about them, as claimant's usually forget that they're ultimately liable for credit hire charges and so don't notify their solicitors that they also have this loss to pursue.

 

However its quite clear from your post above - "Although we passed the hire charges onto this second firm, they were still not included... If they were aware of the hire charges but took no action to include them, then they will have prejudiced recovery of the hire charges. Should this be the case, then we will be seeking to recover the balance of hire from the solicitors rather than you directly. "

 

AE want to see the solicitors' file to determine if your solicitors messed up or if you/your wife ever told them not to include the hire charges. For the former they'll try and pursue the solicitors for the latter they will try and pursue you/your wife.

 

I'm guessing the Defendant's solicitors have already told them to politely go away as the payment for the injury (if they're good) would have specified it was in full and final settlement of all claims arising from the incident. I would do this (and have on many occasions).

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On the 2 occasions Solicitors acted for you, do you know the basis of this ? Did you instruct them what to pursue ? If not, who instructed the Solicitors ?

 

I cannot see that you are liable, as the court cases do not relate to hire car charges and your responsbility for these. AE are therefore thinking that the Solicitors may be liable ? But I suspect that actually AE may be trying to prove that your lack of instruction to the Solicitors to pursue the third party for hire car charges, has prejudiced their position, therefore it cannot be right for you to argue statute barring. I am not sure what legal case precedents there are, but I suspect there are cases, where a Judge has allowed the claimants claim in similar circumstances.

 

I don't know whether they can force you to waive your right to not allow them access to your Solicitors files. I suspect that if you just wrote back to them maintaining that the matter is statute barred and that you do not wish to be inconvenienced by an event that happened 9 years ago, that they may just give up. If they can't obtain your consent, then they are a bit stuck. I can't see them going to court and requesting that a ruling that allows them access to your Solicitors files. I don't know what process this would be.

 

They are clutching at straws. Giving them consent to your files, may just allow them to continue the matter and cause more hassle.

We could do with some help from you.

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If they can't obtain your consent, then they are a bit stuck. I can't see them going to court and requesting that a ruling that allows them access to your Solicitors files. I don't know what process this would be.

 

I reckon it depends on the sums they've missed out on.

 

It's probably more than a £500 claim for a couple of weeks hire of a Ford Focus if they're writing to you after all this time.

 

If on the other end of the scale we're talking say 60 days hire of a Mercedes CLK or Porsche Cayenne; AE might go the extra mile to get some or all of their £15,000 or so hire charges back...

 

Maybe the OP can shed some light on how much the hire charges were roughly? Probably give us a clue on how hard AE might pursue this...

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They are suggesting it's £xxxx.

 

You should be aware that companies do read CAG posts and they are published to internet searches. Therefore you should amend the amount and never quote exact amounts or dates online.

 

I think I would respond as I advised earlier. Don't say anything about the Solicitors form. Just tell them that the matter they raise is statute barred and that you don't want to be inconvenienced by such an old matter.

We could do with some help from you.

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Thanks. I think I'll go with the statue barred letter as suggested in the first instance. I'd really be far more inclined to help them if it weren't for the fact that every letter I get from them has a veiled threat that they want the money from me somehow. If they'd write and say that they want assistance in getting money from the other solicitors and not me at all, then I'd help them. But all they have ever done is threaten me that if i don't help then they'll come after me.

 

Not really a great way to convince me they are friendly and I should help them really is it.

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As AE may use the contents of the Solicitors files against you, then who in their right mind would sign a form which would grant them access. The point here is that AE had plenty of time to pursue this within the 6 years. They should have made sure of getting a recovery in whatever way was possible. You cannot be held responsible for a debt 9 years later, down to the poor standards of admin by AE. I suspect that as this was a non fault accident, it never occured to you that a recovery would not be made from the responsible third party. It would be totally unfair for you to be pursued, down to any issues caused by AE and the Solicitors dealing with the claim. Something went wrong with the claim for the hire costs, but I cannot see that this is your problem 9 years later.

We could do with some help from you.

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The other thought I had was that you could ask AE to confirm in writing that they would not pursue you for the hire car costs or anything related to your claim 9 years ago. If they provided such written confirmation, you would consider signing the consent form in regard to Solicitors files.

We could do with some help from you.

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It is strange, as this is quite clearly an accident where we were not at fault. My wife was hit from behind by a truck on the motorway in heavy traffic. She had neck pains that were real :) and needed to see a chiropractor and had pain medication from our doctor for this. The car needed its chasis straightened which is why the repairers had it for such a time. We did everything to help all solicitors and ae as was asked of us.

 

I agree that in providing unlimited access to the files all it does is to provide ae with the possible option to come after us, which is ridiculous. Again I keep coming back to the way they have behaved so far and think I should send the statute barred letter. If they would be agree to not peruse us, I'd be more than willing to assist them, but their behaviour so far implies this would not be the case.

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I just remembered, when I spoke to them they said that it would not be statute barred as the default occurred in 2008 at the court case (which I know nothing about).

 

No, you have already told us about this.

 

It is still statute barred, if the hire car costs were never part of the court case involving you. If the court case did not consider your liability for the hire car costs, then the statute barred date would run from the date of the agreement.

 

So still send the statute barred letter. It is up to AE to prove otherwise.

We could do with some help from you.

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To be honest if I'd known any of this before we had the car I'd never have touched it. The other driver was completely at fault, admitted liability and my wife was injured. We both needed good cars at the time for our work and it seemed like a good option.

 

Sheesh, what a right pain and I'm probably someone how would have been entitled to use such a service.

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