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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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MKdp llp claimform - old barclaycard 'debt'


tofam
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PDF please

 

can we see the defence you filed please

 

you never came back with it before filling.???

 

no good disappearing for weeks

 

without updating us sooner on your actions

 

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... 

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I'm so sorry I did not submit the defence filed.

 

 

I had run out of time and have been immersed in my uni exam.

 

 

I have attached both the defence letter and letter from MKDP.

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good well done great defence

how your exams were as good as that

 

 

no need to worry about that MKDP letter

syd rubbish

 

 

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... 

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typically yes you should always indicate you are willing to mediate

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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  • 2 months later...

Hello,

 

In response to the CCA request,

I received a mail dated 10th April 215 from MKDP LLP asking me to withdraw my Defence

and contact them with my repayment proposal based on the documents enclosed in the mail.

 

 

Enclosed in the mail is a reconstituted copy of the credit card agreement together with a copy of the terms and condition of the agreement.

 

I notice that none of the documents sent has my signature. I wonder if this should be the case.

 

Also while the terms and conditions of the agreement appear to have been issued while at my current address,

the agreement appear to have been reached while at my old address.

 

The first page of the agreement has my old address and a text in a box which reads "YOUR RIGHT TO CANCEL:

Once you have signed this agreement, you will have for a short time to cancel it.

Exact details of how and when you can do this will be sent to you by post".

Yet my signature is not on the agreement sent.

 

There are also about 3 months statement of account included in the mail.

 

I'm lost on what to do now and

 

 

can I capitalise on absence of my signature on the agreement

as I believe they do not have the original agreement.

 

Regards

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if the agreement was taken out before apr 2007

they'll need the signed agreement

 

 

end off.

 

 

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... 

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Thanks DX for your prompt response>

 

It definately was taken out around 2001/2002. Should I write them requesting the signed copy? I also wonder if there is a time limit within which these documents should have been sent to me.

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nope next move is theirs

 

 

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... 

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Share on other sites

  • 2 months later...

Hello.

 

 

Latest regarding my case with MKDLLP is that the mediation team was unable to secure an appointment

and the case has now been scheduled for 7th of July.

 

 

I got a mail from MKDP today enclosing default notice supplied by the original lender ( Mercers Debt Collections on behalf of Barclaycard)

which I'm sure was never sent to me as I did not know who Mercers was until a debit appeared in my bank statement without authorisation.

 

They still have not sent my the original agreement signed by me neither have they said anything about it.

 

Please how do I use this to my advantage in court as I cannot afford a barrister.

 

 

Should I also call them days before the hearing to request for the signed copy as this might make them pull out of the hearing?

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until / unless they supply an enforceable and signed agreement

they can send you all the bog paper they like.

 

 

next move is theirs as said before

 

 

if they wish to pay and move the case forward.

 

 

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... 

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Thanks DX for your usual prompt response.

 

 

It's clear to me that the next move is theirs.

 

 

What if they've intentionally withheld it and present it in court on demand and give an excuse for not sending it earlier.

 

 

If however they were unable to present it, where precisely in law do I quote to the judge that they need to present this to make the agreement enforceable.

 

 

Sorry for my lack of court proceedings.

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they cant surprise you with anything in court

they have to disclose everything they wish to rely on.

well before hand, if they wish to progress.

 

 

don't forget you need to read a few threads too

its a self help site as well....:lol:

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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  • 3 weeks later...

Hello.

 

 

I returned from a brief visit out of the country to meet a witness statement from the external account manager of MKDP LLP.

 

 

I am in the process of writing mine and personally taking a copy to their office tomorrow as the hearing is on the 7th.

They have indicated in their cover letter that the witness will not be attending the court (sounds like a plus).

 

 

In the background of the witness statement, they indicated that the agreement was taken out in July 2002 and attached a copy of reconstituted agreement.

 

 

They referred to the case of Carey v HSBC to support the provision of the reconstituted agreement as acceptable to satisfy s78 instead of the actual signed agreement .

 

In response to my defence to the claim, they said they will respond to it by saying that the reconstituted agreement

has been sent to me and the agreement is therefore enforceable referring again to the paragraph in with the Carey v Hsbc case was cited.

 

The case of Carey v HSBC from my view appear to be what the witness statement is anchored on as they forsee

I will draw the attention of the judge to the fact that my signature is missing on the credit agreement that they provided.

 

Please,

how do I go about countering their witness statement

and is their a case law in my favour

and where in law can I refer to that unequivocally states that a copy of the originally signed agreement has to be produced.

 

 

I have read quite e few thread but can seem to find the information needed.

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The original only need be produced if your agreement is pre April 2007.You stated in your post#6 at the start of this thread you didn't know?

 

sl27(3) provides, in relation to agreements made before 6 April 2007, as follows:

 

"The Court shall not make an enforcement order under s 65(1) if section 61(1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under s60(l)) itself containing all the prescribed terms of the agreement was signed by the debtor ..(whether or not in the prescribed manner)."

 

Andy

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The original only need be produced if your agreement is pre April 2007.You stated in your post#6 at the start of this thread you didn't know?

 

sl27(3) provides, in relation to agreements made before 6 April 2007, as follows:

 

"The Court shall not make an enforcement order under s 65(1) if section 61(1) (a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under s60(l)) itself containing all the prescribed terms of the agreement was signed by the debtor ..(whether or not in the prescribed manner)."

 

Andy

 

 

Thanks Andy. I actually entered the agreement in July 2002 which we'll before April 2007. Still bit confused with the interpretation of s127(3).

Can I use this as my main defence despite the Carey V HSBC case?

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I have been able to put together the attached statement overnight and will be like your view on it asap as I have to submit to the court this morning. My intention is to take MKDP copy to them late in the afternoon so that there will be no time for them to correct their mistakes. Thanks

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Excellent .......nothing further to add tofam.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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I have just returned from the court.

 

 

The Judge has adjourned the case till early August saying that he wants to allow the Claimant to respond to my statement

as it was only submitted yesterday and their representative said she has no knowledge of my statement.

 

 

From the little proceeding we had,

what surprised me was that the Judge was going to accept the reconstituted version of agreement based on the Carey V HSBC case

even though I pointed out that my agreement is pre 2006.

 

 

The judge has also allowed them to file in a new witness statement which means that they can correct all mistakes made in the previous statement.

 

The judge did not also consider other issue raised in my Defence to the claim

 

Regards

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Why did you submit your statement late? Did you receive theirs?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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The hearing letter from the court has no direction whatsoever on it. It simply says that the court date has been fixed for 7th of July and a time of 90mins will be allowed. Its the same latter sent to the Claimant. I was out of the country briefly and only returned on Friday to meet their witness statement and that prompted me to respond.

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When you submitted your DQ did you never receive Notice of Allocation...this directed mediation and the courts directions...what and when by date?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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I received a mail saying that the mediation team has been unable to secure a mediation and that the case will be transferred to the county court for hearing.

 

 

I later received the court hearing mail as I said earlier.

 

 

The same letter I received is the same the claimant has annexed to their witness statement.

 

 

Not sure if it a letter with directions was sent out by the court but the Judge mentioned that the rate of undelivered mail has been alarming in the past year or so

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Well as the Claimant served their Witness statement on time I assume you have never received the Notice of Allocation...have you done Standard Disclosure?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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