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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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Help with CCJ I did not know about (default judgement) and Marstons


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After struggling for years to get my credit/debt all nice and in order, I've had a bit of a bombshell today..

 

I now own a busy off-licence, and have three staff working for me.

 

just before Xmas last year, I was taken ill and went into hosp for a few weeks,

during this time the girls ran the shop, with one of them doing the ordering/banking etc.

 

one of the cash & carry's I use regularly, deliver to the shop every Wednesday and are paid by cheque,

 

as I was not going to be there, I spoke to the manager who agreed to deliver that week and wait for the cheque in the post,

I signed one and my OH put it in the post, all sorted.

 

The following week, as I was still hospitalised, I had arranged for the chequebook to be dropped off at the shop,

containing two signed cheques, made out to the C&C, but waiting for the amount to be filled in.

This went on for a couple of weeks all fine and dandy, until I returned to work.

 

Upon doing so, I opened a statement from the C&C which showed an overdue amount in the sum of just over £3,500,

I rang them immediately and asked what had happened.

 

They told me that one cheque hadn't been picked up by the driver the week or two before, and that's why it was outstanding,

but that it wasn't a problem, and I could pay it when I wanted.

 

I immediately paid £1500 via my personal debit card over the phone and told them that I'd pay the balance

along with the payment for the next delivery the following week.

 

The next day, I was back in hospital, and warned that I should not have returned to work...

 

for the next four months, all went fine,

the girls started using another cash & carry that I frequent, as it was near to the home of the girl in charge,

and - as she was using the van, it made sense for her to pick up stock and pay cash for it from the takings

with the surplus after wages etc being banked.

 

around three weeks ago, the girl informed me that she was leaving, and asked for a reference etc, as she was going back to the NHS,

I took this as my leave to return to the shop full time. We parted ways on good terms.

 

In the last couple of weeks however, I have noticed a couple of financial transactions that aren't quite right,

and some (small amount) of stock being down (which may be due to an inputting error on the EPOS)

 

Now, to the point (sorry for the rambling)

 

Today, whilst I was in the shop, I received a call on the landline,

a male asking for me by name, and telling me he was from "Marstons Group"

 

he then went on to tell me that he was seeking to recover just over £2000

after a CCJ was registered against me on the 7th May 2014, in favour of the C&C.

 

I replied that I had no knowledge of this whatsoever, and that as far as I was aware the outstanding invoice had been paid months ago

- He reckons it had not, and that I needed to take it up with either the C&C's solicitor or the court, but as it was almost 7pm neither are open.

 

I am really worried about this now,

apart from the fact that I can see a cheque for the amount was cashed months ago,

I am more worried (for now) about bailiffs turning up at my home or shop.

 

Can anyone please advise me what I need to be doing?

 

Many thanks, and apologies for the long post..

 

Mike

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phone the court immediately in the morning

 

prob northants bulk

 

and ask for a copy of the CCJ

find out what address it was sent too.

 

the CCJ number MIGHT be on your credit file

see noddle below.

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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Of concern is where the documentation from the Court went - was it delivered and binned or did it not genuinely turn up? You need to find out where the forms all went - ask either the Court or if still on speaking terms the C&C. Once we have this information may make it easier for the direction you need to take. Without being too nosy are you in a position to be able to pay the amount demanded by the CCJ?

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I am assuming (until I can confirm tomorrow) that all of the mail went to the shop, in which case, the former employee would have opened it. I'll check with the C&C tomorrow, as far as I know there haven't been any problems whilst I have not been here.

 

I can probably pay the whole amount by the end of the week, if not sooner, but I also obviously want to know where the money from the cheque that was supposed to cover it has gone. I'm also very surprised that no one from the C&C actually rang ME direct, as they have my mobile number, although they were aware I was ill.

 

I'll also phone the court in the morning.

 

Also, I thought a bailiff had to send a letter 7 days or so before a visit, or am I on the wrong track with that? Obviously for the last fortnight or so, I have been getting all the mail and there has been nothing, apart from mailshots from the C&C!

 

Mike

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What status do you trade as? You are correct in thinking they have to write first - the phone call of course could be a pre-cursor to a letter - and it is this that sets alarm bells ringing as to which address they have written to. I asked about whether you could afford to pay as there may be a chance you can apply for Set Aside in which case payment will go a long way towards helping. In the short term while you get all your info together then the danger is keeping the Enforcement Agent at bay so you must be prepared to apply for an urgent Stay of Execution.

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What status do you trade as? You are correct in thinking they have to write first - the phone call of course could be a pre-cursor to a letter - and it is this that sets alarm bells ringing as to which address they have written to. I asked about whether you could afford to pay as there may be a chance you can apply for Set Aside in which case payment will go a long way towards helping. In the short term while you get all your info together then the danger is keeping the Enforcement Agent at bay so you must be prepared to apply for an urgent Stay of Execution.

 

Hi, I am a sole trader at the moment.

 

As I have received no post or details and judgement has been entered in default,

is that not grounds alone for a set aside, and

 

then I can simply pay the balance to the c&c, as I was intending going back on deliveries with them as it makes my life easier

 

I still can't believe the depot manager didn't just ring or text me directly,

 

if only just to see why I was no longer ordering from them as I spend around £400,000 a year with them.

 

Mike.

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Hi, I am a sole trader at the moment.

 

As I have received no post or details and judgement has been entered in default,

is that not grounds alone for a set aside, and

 

then I can simply pay the balance to the c&c, as I was intending going back on deliveries with them as it makes my life easier

 

 

I still can't believe the depot manager didn't just ring or text me directly,

 

if only just to see why I was no longer ordering from them as I spend around £400,000 a year with them.

 

Mike.

 

I know someone who had a similar problem with Palmer and Harvey, they spent over £600k pa with them but loyalty meant nothing to them when the couple ran into short term cash flow problems at the start of the recession. Within days the overdue account was sent to Clarke Willmott solicitors (pitbulls would get better press) it was into Court within weeks and then up to HCE at the blinks of an eye. Fortunately the couple have managed to keep their small business afloat despite having to pay in excess of !5k for a 5k debt that could have been settled in a matter of weeks had P&H behaved reasonably.

 

Word spread throughout local traders and many of them continue to boycott P&H in support of the couple, strangely enough P&H never tried to find out why they had a sudden drop in trade and they still ring the couple to offer special promotions totally oblivious of the fact they themselves have closed the account.

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Hi, I am a sole trader at the moment. Thank you

 

As I have received no post or details and judgement has been entered in default,

is that not grounds alone for a set aside, and - it may be but you still have to be able to have a defence otherwise you just end back up in the same situation, however if you can pay it off then this should go in your favour.

 

then I can simply pay the balance to the c&c, as I was intending going back on deliveries with them as it makes my life easier

 

I still can't believe the depot manager didn't just ring or text me directly, - depends upon what he has been told both by your staff & his company.

 

if only just to see why I was no longer ordering from them as I spend around £400,000 a year with them. If a national chain then chances are with centralised buying it doesn't show and things are taken out of his hands. The number crunchers take over and don't see the person behind it.

 

Mike.

 

PT

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Ok,

 

So after an hour or so ringing around yesterday, I was given details of the judgement, which is in the name of "Mr GSMGuy t/a my business"

 

Apparently the letters all went to our home address,

 

BUT Mrs GSMGuy has been passing all mail to the shop girls when she calls in to collect the money for banking, as they sort the junk and file the bills etc.

 

So this is the reason I have not received anything at all.

 

I rang the C&C's solicitor yesterday after being given her name by the Court, but she was out,

 

I was planning to call her today, BUT this arrived in yesterdays post at my home, and obviously I opened it..

 

This is the first actual piece of paper I have received in relation to all of this..

 

 

Now this has me a bit worried,

 

I thought I'd post it and ask for advice BEFORE I do anything else, such as ringing the C&C/Their Solicitor or the Courts to make an app.

 

What is strange is that the letter refers to "correspondence left at your address" of which there has definitely been nothing at all in the last three-four weeks,

as I have been opening all of the post, and it's worded as if someone has physically visited, when they have not.

 

Also, the letter is addressed solely to myself, and not "Mr GSMGuy t/a my business" which is what the judgement is definitely in, is this correct?

 

Help and advice needed please...

 

Mike

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You are a sole trader so yes the way they have addressed you is correct as you are responsible for the debts of the Company.

 

As it has been a few weeks since you came out of hospital you should have been able to check that the takings were going into the bank whilst you were away. And the two checks you signed over in blank to C&C have been paid and their value. Have you rung the bank to see if the payees name has been changed.

 

Also where are the letters that your OH brought in?

 

The last thing you want is an HCEO coming since that will only increase their fees. If you have enough money, you may be better paying them asap or at least making a part

payment that is acceptable to them and to stop them coming to your premises.

 

You need to get the HCEOs off your back as you have enough to do with checking to see if any money has gone missing while you were away and if there is, call the Police in to

investigate before much more time elapses.

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You are a sole trader so yes the way they have addressed you is correct as you are responsible for the debts of the Company.

 

As it has been a few weeks since you came out of hospital you should have been able to check that the takings were going into the bank whilst you were away. And the two checks you signed over in blank to C&C have been paid and their value. Have you rung the bank to see if the payees name has been changed.

 

Also where are the letters that your OH brought in?

 

The last thing you want is an HCEO coming since that will only increase their fees. If you have enough money, you may be better paying them asap or at least making a part

payment that is acceptable to them and to stop them coming to your premises.

 

You need to get the HCEOs off your back as you have enough to do with checking to see if any money has gone missing while you were away and if there is, call the Police in to

investigate before much more time elapses.

 

Hi,

 

OH took the letters to the shop, for the girls to sort, as OH hasn't the first clue about the shop..

 

I was checking the banking on my phone, and all the bills etc were being paid as monies were being banked by my OH who collected cash when she visited the shop, also the payments from card sales go into the account 5 times a week too, so I wasn't concerned about monies in that respect.

 

I will get the chequebook now and get onto the bank for copies of cheques.

 

Mike

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As is already stated it would be wise to either make payment as soon as possible or contact the Enforcement Agent to advise that you are going to do so.

 

If the Enforcement Agent has to revisit you will be charged significant fees, not to mention the distress of having to possibly close your shop and see your goods seized.

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Ok, little bit of an update

 

- Spoke to HCEO's company,

she was nice enough, and

 

told me that they had written to me, at home on 30th May,

 

I explained that I had received nothing,

and that the letter I was looking at was the first I had heard of this, hence my call..

 

She then gave me the tel no and name of the Sols dealing with it.

 

I rang and spoke to the Sol, explaining the situation, she asked me to put it all in an email to her, which I have just done..

 

Mike

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  • 3 months later...

Bit of an update on this - C&C agreed to take £100 per week from me on this, which I was paying on a Wednesday when I did my big shop with them (£100 was their choice, I wasn't going to argue!) They have said they will not object to the removal of the CCJ once the full amount has been paid.

 

I was away for 10 days and returned home this morning, to two letters, one from their Solicitors, and another from the Land Registry - Apparently, my Mum who looked after the shop whilst we were away, forgot to pay the £100 extra on the two prev Wednesdays (why they didn't prompt her I don't know) and they have now registered an "interim charging order" for the FULL amount of £1900 odd PLUS fees totalling £2300 or so??? How can they do this when I have paid £1400 off the original amount of £1900??

 

Any advice as to how to proceed, I presume speaking to their Solicitor? It looks like they haven't been informed of the payments (I have receipts and they were paid by card)

 

Anyone?

 

Mike

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