Jump to content


  • Tweets

  • Posts

    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury 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)  
  • Recommended Topics

  • Our picks

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

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

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

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

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

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

      Many thanks 
        • Thanks
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

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

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3731 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

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

 

Thanks

Recommended Posts

Can someone help, please?

 

We received a notice of seizure some time ago, after my partner let the HCEO into the house. He took a list of goods, set up a payment plan and left. We moved house in August of last year, and informed them immediately.

 

HCEO turned up today (partner let him in again- argh!) and issued us with a new notice of seizure. Apparently, because we moved house, it shows that we had money? So he said he came to check that we didn't have the means to pay off the debt.

 

So, basically, he can turn up when he likes to see if have new goodies? Is that right? :!:

 

I thought, if we had a payment plan, and didn't miss payments, that we'd just be left to it. Apparently not! Is there anything I can do?

 

Thanks

Link to post
Share on other sites

I'm not sure what else I could tell you, really. That's all there is to it! It just seems bizarre to me that they can show up when they like and charge me for the visit, when no payment has been missed.

Link to post
Share on other sites

If you start at the beginning about how your CCJ came about there may be opportunity to see if we can help. As for the HCEO is your payment to him an amicable one or one oredered through the Court. Have you asked for a breakdown of the fees you have been charged. What goods have been seized, list them exactly as described on the Notice of Seizure.

 

If your complaint is that he just turns up it could be that he wants more which makes me think you just have an amicable agreement. Also the payment split to your Creditor might be 60/40 meaning you will be paying very little of what you owe but the monies you owe the HCEO may be increasing.

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

If you start at the beginning about how your CCJ came about there may be opportunity to see if we can help. As for the HCEO is your payment to him an amicable one or one oredered through the Court. Have you asked for a breakdown of the fees you have been charged. What goods have been seized, list them exactly as described on the Notice of Seizure.

 

If your complaint is that he just turns up it could be that he wants more which makes me think you just have an amicable agreement. Also the payment split to your Creditor might be 60/40 meaning you will be paying very little of what you owe but the monies you owe the HCEO may be increasing.

 

It's a Yorkshire water debt. I have a breakdown of fees, almost a grand of it is HCEO fees, and the initial debt was down to £600 (total stands at almost £2k). They haven't actually taken anything from the house, but they made a list of things they would take if they didn't receive payment. He said he was coming out to make sure we weren't living like Rock stars? :???: The agreement we have is one we made over the phone with Marstons. The only paperwork we have is the notice of seizure...

Link to post
Share on other sites

Does the Notice of Seizure list the goods they seized? If so can yu tell us what is on it - reason being is that often there are exempt goods etc listed - example, they may have listed a 3 piece suite - if it doesn't have an fire safety tags still attached then it cannot be sold.

 

How long ago did YW obtain their CCJ? Did you know about it? Did you defend it? Did you attend Court? How long after the CCJ was it transferred up for Enforcement by the HCEO?

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

If you had not been paying since the payment arrangement was set up then given the absence of time (last August) then it would be clear that the bailiff had 'abandoned' the levy. However, in your case this was NOT the position and the previous levy was completely still intact and therefore there is simply no reason at all (apart from financial) for the bailiff to want to complete a new levy.

 

Although you have moved address this would have NO BEARING on the levy at all. I am stunned at this action.

 

You clearly have grounds for a complaint.

Link to post
Share on other sites

Does the Notice of Seizure list the goods they seized? If so can yu tell us what is on it - reason being is that often there are exempt goods etc listed - example, they may have listed a 3 piece suite - if it doesn't have an fire safety tags still attached then it cannot be sold.

 

How long ago did YW obtain their CCJ? Did you know about it? Did you defend it? Did you attend Court? How long after the CCJ was it transferred up for Enforcement by the HCEO?

 

The notice of seizure doesn't list the goods, no. It just says "goods at address," but I was alarmed to note that he included my fridge and dining table; I presumed that essential items would be excluded.

 

I don't know anything about the CCJ, other than the fact that it exists. The first time I became aware of it was when the HCEO knocked on the door with a notice of seizure.

Link to post
Share on other sites

Right guys, I have a bit more info! Marstons have sent me a letter with details of the goods levied, and I'vebeen doing a bit of research. I *think* the levies (or part of them) are invalid. My reasoning is that they have included goods on two separate levies that should be exempt from seizure:

 

- Washing machine

- Fridge freezer

- Hoover

- Hire purchase sofa (HCEO was informed that it is HP, but he listed it anyway)

 

Also, some of the goods levied just wouldn't make anything at auction, I don't think:

- Microwave (fit for the tip, I reckon!)

- CRT TV (wouldn't even make a tenner!)

- Broken Playstation

 

Tools required for work also levied:

- Acer laptop computer (my partner fixes mobile phones and needs the laptop for software updates)

- HP Compaq PC (I'm a designer)

 

In addition (and I'm not sure if this makes a difference), the walking possession order was signed by my partner, but the debt is joint. Does this make any difference?

 

So, assuming part/all of the levies are invalid, what does that translate to in terms of how we move forward with this? Because no monies were recovered, and no goods were seized, does this mean that the levy was abandoned?

 

Could we claim back the fees charged by the HCEO?

 

Thanks

Link to post
Share on other sites

Bit more of an update! (I know I'm talking to myself, but writing it somewhere helps me to keep track of my progress and thoughts!)

 

I continued researching today and found that the items they have seized definitely *are* exempt. In fact, the only item they have lawfully seized is a broken PlayStation, according to the Taking Control of Goods regulations. So I've sent Marstons a formal claim regarding the protected items.

 

I've also requested that they issue a breakdown of the 'officers fees', because I suspect that they're pulling my leg with that. The total debt is just over £800, and the fees are £997.63! Bearing in mind that I didn't pay anything when they issued the FiFa, they shouldn't be charging me for it anyway, because the writ wasn't executed! So £997.63 is an awful lot of money to claim for travel expenses, or whatever miscellany they purport to find necessary.

 

I'm not going to allow them to bully me with their scare tactics, however! I shall be filing a claim with the court, and they can justify their actions to someone with more authority than me. I am very cross, though, because I've spent all day reading, and realising that they've just bent me over a barrel :| Had known all of this the last time they levied goods, I might've stood half a chance.

 

Ah well, hindsight is 20/20, eh?

Link to post
Share on other sites

I am not sure where you have undertaken your research (if it was via an internet site please do not provide a link) but I am concerned that you may be being misled. As an example, you refer to the Taking Control of Goods Regulations. In fact, this regulation does NOT apply in your case as it does NOT come into law until 6th April 2014!!!

 

I will look at your question later on this evening.

 

PS: Please be careful of relying upon 'advice' from the internet.

Link to post
Share on other sites

Well, I've contacted them now, so not much I can do about it. I found an old thread where the circumstances were very similar to mine, and used the template letter, but the legislation was outdated. The only references I could find to quote were from the new legislation.

 

I had to do *something* because today is day five.

Link to post
Share on other sites

The notice of seizure doesn't list the goods, no. It just says "goods at address," but I was alarmed to note that he included my fridge and dining table; I presumed that essential items would be excluded.

 

I don't know anything about the CCJ, other than the fact that it exists. The first time I became aware of it was when the HCEO knocked on the door with a notice of seizure.

 

Are you in a position to be able to pay off the sum listed on the original CCJ?

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

 

- Washing machine - probably exempt

- Fridge freezer - probably exempt

- Hoover - usually worth very little in common with most electrical items

- Hire purchase sofa (HCEO was informed that it is HP, but he listed it anyway) - did you provide proof of HP Agreement

 

Also, some of the goods levied just wouldn't make anything at auction, I don't think:

- Microwave (fit for the tip, I reckon!) - do you have alternative means of cooking

- CRT TV (wouldn't even make a tenner!) - have to agree with you

- Broken Playstation - no value

 

Tools required for work also levied:

- Acer laptop computer (my partner fixes mobile phones and needs the laptop for software updates)

- HP Compaq PC (I'm a designer)

Did you advise this when they came

In addition (and I'm not sure if this makes a difference), the walking possession order was signed by my partner, but the debt is joint. Does this make any difference? No

 

So, assuming part/all of the levies are invalid, what does that translate to in terms of how we move forward with this? Because no monies were recovered, and no goods were seized, does this mean that the levy was abandoned?

 

Could we claim back the fees charged by the HCEO? Not if you haven't paid anything

 

Thanks

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...