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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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

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

      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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      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
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Zak .v. Lloyds TSB


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Hi JHenry, sent my AQ to the courts and SC&M on the 12th and I'm too hoping to recieve a settlement soon so fingers crossed that I get it through before the new year! If so I'm sure we'll both be having a very merry xmas!

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  • 2 weeks later...

Happy new year all, hope you had a good xmas.

 

Over Xmas I recieved a phonecall from SC&M which reached my voicemail, asking me to contact them back quoting a reference. I returned their call and quote the reference, the lady then began to tell me 'we are contacting you on behalf of LTSB, it seems you are in your arrears and have been for quite some time. Therefore it has been passed to us to see if we can collect your payment or should we start court proceedures?'

 

I couldn't believe it, SC&M are obviously so unorganised that they despite sending me a copy of their AQ questionnaire before xmas, they still don't seem to be fully aware of where we are in this claim. Very professional!

 

So after enjoying hearing SC&M make a complete fool of themselves I enjoyed my xmas and that bring me to yesterday when I recieved a letter from SC&M saying that after careful consideration they are prepared to offer me a REDUCED payment for the next six months!?

 

I almost fell off my chair laughing. Are they out of their tiny little minds? Hmmm what to do? ...£3kPLUS back in claims or accept their poxy little reduced payment which will still leave me out of pocket? I think I will tell them to shove it up their @rses!

 

It states in the letter that if I DON'T contact them in the next 7 days to confirm this agreement then they will seek further instructions from their clients. Pssh...Idiots.

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What, so they've offered you reduced payments on your arrears as a settlement to your charges claim? Thats unusual.

 

I'd refuse, and also tell them that you will not discuss the arrears of your account untill the dispute which it is the subject of reaches its satisfactory resolution.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 3 weeks later...

I sent SC&M a letter two week ago saying..

 

"regarding your letter dated **/**/**, I am NOT willing to accept or entertain any offer other than full and complete settlement whilst pending court action."

 

I also sent them an accumalation of what they owe me along with my interest. I sent it to the court as they requested. The court said I had to have it sent before the end of the month and i did it two week ago. Not heard nothing from no one but I'm getting a little restless. I want my money back!

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  • 1 month later...

Hi guys, long time no speak! Here's an update.

 

At the start of Jan I recieved a court order for 'a list of my up-to-date charges for which I am claiming for'. The deadline for this was the end of Jan so I sent them immiediately to avoid missing it. I waited for three weeks into feb until deciding to call my local court to ask what was happening. They informed me that the case was on file and awaiting Judge action and they would send it on to the Judge; I should hear something within a week. A week later I heard nothing, so I phoned the courts again to find out that the case had not even been sent, but the lady advised me she would send it straight away. A week later I still had heard nothing more so I phone again last week asking for an update. She told me the case had been sent to the judge and he is curently dealing with the case.

 

So I'm hoping that I can avoid the need for another call to the courts, by recieving some letter/update soon. I've heard that a lot of these cases are being decided out of court due to the large and continuely growing number of cases currently on file.

 

Has anyone witnessed the same situation and what was the outcome? and ideas?

 

Thanks

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Hello again, phoned the courts just now. Aparantly the judge is waiting for a reply from LTSB/SC&M and it is due by 16th March which is tomorrow.

 

Seems like they're leaving it a bit late don't you think? I know they were always going to delay but leaving it until the deadline day? that's IF the court actually recieve a reply by tomorrow. Things continue to get interesting.

 

Has this exact same thing happened to anyone?

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Hi Zak,

 

Waiting for a reply to what, exactly?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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No but what response are the courts waiting for from SC&M?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hmmm... interesting. Let us know when you hear anything.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

Hello again, after waiting two months I've finally heard back from the courts. The Deputy District Judge has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track. I've been giving a hearing time and place, the only problem is it's not for another 10weeks.

 

I'm a little disappointed as I hoped that LTSB/SC&M would have backed off and made a settlement with me already but it doesn't seem like that's what they want to do.

 

Is anyone in or has anyone been in this situation?

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10 weeks is about par for the course.

 

Most lloyds claims reach this stage - your not on your own by any means, no need to worry!

 

What directions have been ordered? Have a look at this thread, it will tell you what you need to do next -

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

  • Haha 1

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 1 month later...

I got a letter back from SC&M yesterday. They want to settle ahead of the court date in june! only problem is; they are offering me £200 pounds less than what I'm owed, BUT i'm gonna contact then on monday about it. I'll just advise them off the price i'm owed, if they want it in writing then that's alright, but i'll advise them that it means that the cancellation of the court date will be delayed, and with it being very close this matter needs to be dealt with urgently.

 

So anyhow, should get the money either way! Thanks to you all that helped!

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