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    • 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.
    • 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.  
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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.

      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.
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      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
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Help DWP chasing 13 year Old Debt


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The DWP are exempt in as much that they cannot take any enforcement action after six years i.e they cannot get a court order or attachement of earnings, but they can deduct overpayments from future benefits.

 

You should contact DWP and ask for a detailed explanation of how the alleged debt has occured.

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Tho they should have some type of proof of the overpayment personall i would demand proof.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 years later...

How odd it is well known that such debts can become statute barred,but the

DWP can make deductions from benefits after that.

The DWP is not a company!!!

Mosst of the above is nonsense

 

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How odd it is well known that such debts can become statute barred,but the

 

The limitation act 'bars the remedy, but not the right' - these means any creditor can recover the money via alternative methods but court. As such if anyone goes back onto the same benefit it's perfectly legal for the DWP/HMRC/Whoever to claw back the overpayment that way. Frustrating but perfectly allowed.

 

This is an old thread we've just revived, haha.

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The limitation act 'bars the remedy, but not the right' - these means any creditor can recover the money via alternative methods but court. As such if anyone goes back onto the same benefit it's perfectly legal for the DWP/HMRC/Whoever to claw back the overpayment that way. Frustrating but perfectly allowed.

 

This is an old thread we've just revived, haha.

I sense a bit of trolling here:madgrin:

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  • 4 months later...
also bear in mind that with DWP overpayments the 6 yeras runs from the date they first demand the money back.

 

Have had a contact from freds in recent times telling me that DWP over payments are not stat barred. Alleged over payment was made in 2000 - only just heard from them.

 

But according to freds DWP sent letter demanding payment to my old address in 2011 - so if that is their first demand for payment - would take this up to 2017 before it becomes SB?

 

We left that address in 2007 - so even if they sent a first request for payment, the day after we moved out it would still be 6 7 years after the original debt.

 

So how long do they get to send the first demand?

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Have had a contact from freds in recent times telling me that DWP over payments are not stat barred. Alleged over payment was made in 2000 - only just heard from them.

 

But according to freds DWP sent letter demanding payment to my old address in 2011 - so if that is their first demand for payment - would take this up to 2017 before it becomes SB?

 

We left that address in 2007 - so even if they sent a first request for payment, the day after we moved out it would still be 6 7 years after the original debt.

 

So how long do they get to send the first demand?

 

The limitation period begins on the date when the final determination is made that there is a recoverable overpayment and what that amount is. Therefore, this could be the original decision by the decision maker or, if the case is appealed further up the line, when that final decision (of the original decision) is made. Your question, is a very good one, as they should look to make their decisions quickly and not take forever to do so.

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Also it must be remembered that the DWP can reclaim an overpayment even when the matter has become SB, the department is allowed to make deductions from relevant benefits including state pension and pension credit at anytime the client becomes eligible for the benefit.

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  • 1 year later...

DWP tell me I have debts from 2002 - I told them they were barred.

 

He said they will not take it to court but can deduct from benefits or do an attachment to earnings - I'm not fussed about deductions from benefits, as I don't have any, but can they do a DEO?

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Yes they can Welfare Reform Act allows them to make such orders, and can deduct from ANY future benefit payment including state pension when you are eligible.

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Cheers. It's under £300, and from 2002 - Can I get them to reconsider?

 

According to CAB:

 

DWP guidance for decision makers states that recovery of a debt should be abandoned and the balance written off where the debt is:-

 

•under £25; or

•under £100 and at least six years have elapsed since the last repayment or deduction took place; or

•under £300 and at least ten years have elapsed since the last repayment or deduction took place; or

•over £300 and at least 20 years have elapsed since the last repayment or recovery took place.

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You can certainly try, you may though have to go through an appeal Tribunal.

 

 

Write to the Manager

 

 

DWP Debt Management.

 

 

Be prepared to wait for a response.

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  • 2 months later...
Cheers. It's under £300, and from 2002 - Can I get them to reconsider?

 

According to CAB:

 

DWP guidance for decision makers states that recovery of a debt should be abandoned and the balance written off where the debt is:-

 

•under £25; or

•under £100 and at least six years have elapsed since the last repayment or deduction took place; or

•under £300 and at least ten years have elapsed since the last repayment or deduction took place; or

•over £300 and at least 20 years have elapsed since the last repayment or recovery took place.

 

Do we have a link to this guidance and can they say link three social fund loans together to go over the £300 threshold for 10 years

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Such debts have been linked for recovery in the past.

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This may be okay if you are not currently on benefits, but if you are, and this has happened to my sister, a debt from 15 years ago and no paperwork provided but a regular amount was automatically taken off her benefits weekly to pay that debt that she couldn't even remember.

Hi

 

I have a friend that works for DWP and was told that they have to chase the debt but if you just keep refusing to pay they will eventually just give up, he says sometimes in his mind he just wants to shout dont pay but he is monitored so cannot give any indication to the caller. Hope this helps.....

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The DWP will commence pressing for payment however old a debt is as soon as the individual gets any benefit.

I have seen a man of 65 receive a letter regarding a 25 year old loan the day after he received his first state pension payment.

 

 

These debts don't go away that easily.

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