Jump to content


  • Tweets

  • Posts

    • 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  
    • 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.
  • 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 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 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

Eviction order received HELP PLEASE


Magpie611
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3557 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

Which thread was the number on please.

 

DB are wrong!! and hrac are wrong!! (they are just trying to get you to pay their fee for doing nothing more that we are doing now) if there are no arrears there can be no eviction - end of!! are you able to maintain the monthly mortgage payments going forward ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • Replies 64
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Yes able to pay mortgage after. have sent budget sheet and p60 to the court, alongside sickness proof. DB says that I haven't proved to them that I can afford the mortgage after the arrears so they will ask the judge to continue with the eviction. Have all my bank statements ready for the court. If my parents pay off the arrears what do I do then?

Link to post
Share on other sites

You need to get your parents to transfer the money into your bank and then you make payment either by telephone or by on line bank transfer. You will need to take proof of this payment to the court on Friday - we can draft an up to date statement to hand to the judge showing payment of arrears made.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Thanks Ell-enn, the number for hrac was in a thread by BuzzaS. On my last hearing I used them out of desperation, they did the same last time and said I needed specialist help and refered me to HMS. Can DB refuse the payment? I am going to my parents tomorrow, so will make the payment then. What is the judge likely to do following the arears being paid of in full?

Link to post
Share on other sites

If the arrears are paid off then there can be no eviction - you just need to make sure that you pay enough money to clear them completely (even if you over pay by a couple of quid) do you know the exact amount of missed payments?

 

You will need to print off the transaction from your online banking to show the judge that the payment has been made. Let me know when you have done that and we'll get an up to date statement done for you to take to court. You r parents could write a short letter stating that they are gifting you the money as no doubt DB will challenge where it came from just to be awkward.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi in the last 19 months, since the judgement I have missed 3 payments all when I have had reaction to medication. 9 payments were paid either early or on time, 5 were 1 day late, 1 was 2 days late, and 1 was 3 days late, none of which would of occurred if they had allowed me to set up direct debit, I am sure they will argue this was not the case. Yes parents will write a letter saying they have gifted it. Can my parents phone with the payment or does it have to come from my account?

Link to post
Share on other sites

Payment will have to come from your account as they won't take a telephone payment from your parents. Do you normally pay by phone or do you use on line banking? Do you know exactly how much the arrears are?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi I got an up to date figure this morning but will phone again in the morning to ensure this figure is correct. I pay over the phone via debit card. I cannot thank you enough for your help and keeping me sane when all seems to be falling apart. I will message tomorrow when payment made and if able to get advice regarding a new statement to show the judge. Thank you.

Link to post
Share on other sites

OK, will you be able to print off the transaction from your bank once you have paid over the phone as you will need to show the judge proof of the payment being made ? remember it will need to be the total arrears

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

once this is settled

 

 

lets look at reclaiming all the arrears fees DB must be putting on you?

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

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

and they

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

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

Link to post
Share on other sites

once this is settled

 

 

lets look at reclaiming all the arrears fees DB must be putting on you?

 

 

dx

 

Hi if all goes okay, and they let me set up direct debit I would love to except your offer of help. They have been a nightmare from day 1. Roll on 18 years and mortgage paid off!!!!!

Link to post
Share on other sites

I Googled DB mortgages as I had never heard of them.

 

 

You may be interested to see this document which shows that they have already fallen foul of the Financial Conduct Authority and been fined for bad practice.

 

 

http://www.fsa.gov.uk/pubs/final/db_uk.pdf

 

 

Their charges sound highly irregular. Hopefully you will be able to get a lot of that back with a bit of help from this site!

Link to post
Share on other sites

You may

 

I saw an article a few days ago regarding this, will study it over the weekend if all goes well with the court hearing on Friday. When I phoned for balance compared to what I owed in feb 2013 they said they couldn't be precise cause they couldn't work out what charges applied previosly and just said you owe more, and this would go against me. They couldn't explain to me what charges had been applied:mad2:

Link to post
Share on other sites

Hi,

 

 

have cleared the full amount of arrears + £6.00.

DB tried talking me out of this action.

Saying they still want more info about my return to work date.

 

 

I have explained that I am going back on the 26th and will not have written confirmation of this until next week.

 

 

Just spoken to my occupational health department and will forward a letter confirming this ASAP.

I have also told them I cannot supply a letter from my estranged husband confirming his monthly cash payments due to domestic violence

-which they were aware of this

- this is one of the reasons communication broke down between DB and myself as they were bullies and I find this hard to deal with.

 

 

They're not happy with just a P60 (I haven't told them I have a host of pay slips and bank statements

proving regular salary and hence proving my affordability).

 

I did force them reluctantly to set up a direct debit to commence the end of September.

 

 

There response was the judgement could well go againist you.

 

 

Will now print off proof of this transaction also got there authorisation code.

 

 

Thanks for your wise words of wisdom.

For your info, looking back over my bank statements I paid £500 for assistance from the company hrac refered me too last time, not £300 as I thought. So thanks for saving me that amount of money. :!:

Link to post
Share on other sites

Hi Magpie, glad to hear you got the payment made. I will draft a statement for you to take to court and post on here this afternoon. Is your occupational health dept going to email the letter to you so you can take that to court too?

 

Did your parents write a letter stating the money was gifted to you ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi ell-enn thank you for the statement. No occupationial health aren't emailing; but my current fit note as they are now known as doesn't state I need further review to return to work, so I can return at the end of this without further notice to my emplyee, the doctor is happy for me to return so does t require to see me again. The only reason for contact with them was to ensure my employers are adhering to there sickness policy.

Link to post
Share on other sites

OK, can you print a couple of copies of the payment transaction you made this morning. Get you parents to write a letter along the lines of:

 

We have gifted our daughter funds to clear the arrears on her mortgage incurred due to her being off sick from work unpaid. We were concerned for her health and wellbeing as her mortgage company have been unreasonable in their demands of her.

 

Signed XX & XX

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Were you paid SSP? if so then you were not paid your normal monthly salary - therefore sickness was unpaid by the company

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

I was paid basic wages from my employer not SSP. loss of earnings are because I work nights. I should be able to claim this loss of earnings back but can provide no evidence of this until I meet with my manager next Friday- which is obviously no use.

Sorry for all this hassle, just don't want to muck up by stating the wrong wording.

Link to post
Share on other sites

OK, the letter can be worded as follows:

 

We have gifted our daughter funds to clear the arrears on her mortgagelink3.gif incurred due to her being off sicklink3.gif from work on reduced pay. We were concerned for her health and wellbeing as her mortgagelink3.gif company have been unreasonable in their demands of her.

 

Signed XX & XX

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Affixed is the statement to take to court. You just need to enter the info at the top where there are XXX's. Affix a copy of the proof of payment and then take two further copies of the statement and proof - you will need to take 3 sets with you, one for the judge, one for the other side's rep and one for yourself. Take along 3 copies of your parent's letter - don't affix to the statement - just have them with you in case the subject of where the money came from comes up.

 

Get to the court early and ask if there are any duty legal advisers there - if so, approach them and ask for their help, they can accompany you into the hearing and support your case. If there aren't any advisers, then ask the court usher if it's possible to put your statement in the file for the judge to see before the hearing - if they can't do that then you will have to give the judge your statement in the hearing. As it's your application, the judge will speak to you first - when he has finished speaking (don't interrupt him!) you should say "Sir (or Madam), may I give you an update on the situation" and hand it over - give a copy to the other side's rep at the same time.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...