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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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      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.

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Ccbc aktiv kapital/judge & priestly set aside help needed


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URGENT HELP required please: court case on Wednesday (application to set judgement aside on my part)

 

Friends, please help!

 

J & P have just sent me a massive file pertaining to the old credit card with Virgin Money from 2005.

 

 

The application to set judgement aside will be heard on Wednesday.

 

 

I have never admit any debt or been supplied with any documents that show I have a contract with this company.

 

 

The judgement was passed in my absence this summer (i was travelling for 3 months)

by the Nottingham business court (St.Catherines) for around £22K

against which I've complained to the court saying they've denied me the due process.

 

Please advice what information you need to help me in this instance.

Thank you.

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Moved to Financial legal Issues.

 

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

 

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so have they sent you a signed CCA?

 

 

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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Hello,

 

 

I just wish to say that after having done my research,

 

 

I have realised that this so called "debt" is unenforceable under the Limitation Act 1980, section 5.

 

 

This particular section relates to breach of contract, if the existence of the contract can be proven.

 

 

I do not have any contract with this thrid-party-debt-collection company and the period of 6 years has passed.

 

 

There is no legal standing for their claim under any statute.

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yes you do have a contract

it was transferred by the Notice Of Assignment from the OC

 

 

I'd not be reading too many of those Freedom of the Land sites!

 

 

can you please answer the questions that have been asked by us above.

 

 

if you've not paid or ack'd the card in 6yrs before the claimform was issued

then it could be SB'd and gained by default

but you need to provide us the evidence first

 

 

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 for your caution :-)

 

However:

1) The agreement is unenforceable (signed in 2005) with the wrong address - not sure how that address got there.

 

2) When asked in 2009 to provide Notice of Assignment and accounts/ledgers/proof of debt,

Virgin / MBNA never replied or responded.

I had not received one single document when I challenged the validity of agreement.

 

3) They have sold it to several DCA's in the past few years, all of which I've buffed off successfully.

 

4) The Aktiv Kapital is one of many who had been trying to get somewhere with this

and their solicitors Judge & Priestley are, in my opinion, trying their luck.

 

5) I attempted all pre-action protocols back in 2009

( pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16)) with no reply from Virgin/MBNA.

 

If these current moppets knew about all these (and they have no copies of any of that correspondence back in 2009)

they would realised their claim is a an Abuse of Process under CPR.

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either you want help or you don't

 

 

your call.

 

 

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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  • 3 months later...

The saga continues. Its still going on.

 

The most bizarre thing happened

- I was away from the UK for a month, gave the notice to the courts and the other party, in writing, registered post that I will be away until 6Th April.

 

The court just ignored me, set the second hearing for my new application

- (oh yes - my previous application to Set Judgment Aside was dismissed, as in my ignorance, I filed it on wrong basis, but the lady Judge was very supportive of me and ordered that I apply again on the basis of 'Relief from Sanction', which I have done).

 

The 'new' application for Relief from Sanction was filed as ordered, and on the same application I notify Court I will be away for one month.

 

I come back from abroad only to find tons of correspondence - the court set the hearing during my absence, on the 31st March. This is the second time that the court has done the same thing.

 

Most disappointingly, Judge and Priestly solicitor handling this case, Mr Uday Patel, decides to go ahead with it, despite being informed of my absence and deliberately acting against my interest.

 

 

I wrote to the courts asking how to take legal action against them, for deliberately breaching my right under statutes AND

- i send a complaint to Judge and Priestly, literary spitting fire at them for going with the hearing while I was away, DESPITE being informed in writing, in due time and prior to my scheduled trip.

 

I also complained to the S.R.A for the breach of principles on behalf of Judge and Priestly Solicitors, which I hope will increase their insurance costs if they are found in breach.

 

Thus far, I have not heard from the Courts or from them.

 

During my absence, they send me this letter of "assignment" to a completely different company, all backdated to December last year, all straight forward fraud as I had never received any such notices before.

 

 

So, the "claimant" now is some completely different company, another debt collection LTD I have never heard off.

 

I so hope they all burn in Hell, I really do. Every night, before I go to sleep, I pray to God that they learn their lessons in the most harsh way, so yeah, I'm still hanging in there.

 

Thanks for asking.

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I have to check. I've not looked at the file since I wrote complains to the courts and the solicitors. I'll check it and post it here when I do.

Yes, it is a nightmare but I'll wake up from it soon. They will be gone soon, one way or another. They are total *******s.

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  • 2 months later...

Hi all, just to inform you - I had a hearing today, listed for 30 min, for my Application to Set Judgement Aside. This application asked the court to set a lesser order (a default judgement entered during my absence from the UK) aside so I can defend the case against Cccbs Aktiv Kapital and Judge and Priestly solicitors.

The district judge decided to re-list (not adjourn) my application with an allowed time of 2 hrs.

 

I took this as far as I can. I need some serious guns.

 

Does anyone knows any good credit law solicitors?

 

I would be very grateful for any suggestions.

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Why do you need professional help...nothing different in your case to the 100s of others here and most have ended successfully.

 

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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  • 2 months later...

Hello there,

 

Seemingly, not very good.

 

 

After a year and a half in court,

I have finally won the right to have the default judgement set aside

(the judgement was wrongly entered while I was away from the country.

 

 

It has taken two applications,

numerous number of hours and huge stress to win this application.

 

 

However, upon the advice of the solicitors I have approached who specialize in the consumer credit law,

I have succumb to negotiating with PRA Group (Aktiv Kapital). That's where I am at. Thank you for asking.

 

I'm exhausted from all this, it takes such a huge amount of time, loss of income, stress etc.

 

 

Its the signature I can't get passed by so if I negotiate a reduction in debt,

I will be happy. I've learned so much about going to court,

I can have a law degree nonetheless. :!:

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Hi Dotty,

 

Many thanks for your email. I was trying to send you the PM but it does not seem I can, so I'm posting here.

 

I have one.

 

The guy is very good, very knowledgeable and with all the evidence they have, it does not seem to be resolvable in my favor.

 

I opened my Virgin card in Dec 2004 (from memory) and had paid it off twice before.

The third time I sent them the payment, they did not process it and I left it like that,

stopped the DD and hoped it will all vanish on its own accord!

Silly me - it was all the 'Fee man on the land' thing... you know...

 

The best it can be hoped for is an amended defense with an "unfair relationship" being put forth,

but the solicitor told me that the costs involved in amending my original defense

and paying for the council (who by the way lives in Brum and is a specialist on consumer law and thus will charge less),

would far outweigh any reduction in debt the court would possibly grant as a result of that "unfair relationship"

(they kept sending all letters to my old address despite being informed I have moved at that point several times and in writing).

 

 

I have sent the solicitors the reply to SAR & CCA which was only a set of statements with the compliment slip,

but he said that even if they have not complied,

the court will allow them to rectify the matter and issue the correct default notice

- all I would achieve is ... nothing really - just waste of time and money.

 

I saw that he was trying to help me, but he just did not have anything in his hands to defend me with.

I did not question the contract and did not want to lie and say I did not sign it as it is clearly my signature and it can be easily proven.

 

The fact that I have nearly (3months) been able to use the limitation close (6 years), was nothing but unfortunate.

The sharks have bought the loan and that was that.

 

I am so grateful you express interest in this - I'm pretty much resigned to pay, alas, over a very long period of time.

Lesson learned - never put your signature on anything!

 

I wish you all the best with your case, I really do!

 

NB. I have also learned that if you are a litigant in person, you have a much better chance of wining in court.

 

 

In the last year and a half since this palavi has been going on,

I went to court myself about 4-5 times and won each time.

 

 

In February, I put in an application to set judgement aside, but it was on a wrong premise.

A lady judge was so kind, did not rule against me, but kindly told me what to do and that I must submit an application for a relief of sanctions, not argue the merit of my defense.

 

 

So, she ordered that I put an amended application in, which allowed me to finally win it (although at the end, it was a futile win).

 

NB2. I made another mistake and have used the rule 13.4. 5 & 6 in my amended application, which deals with court dismissing judgement which was entered by default.

 

NOW - this is a big one - if one has replied, or put any effort into dealing with the claim, but then, the judgement was entered in their absence from the country, (in my case), and illness, or whatever

 

 

- it is NOT deemed to be a DEFAULT judgement.

 

 

However, this knowledge is highly specialize, and not even the oponents were aware of it and hence based the whole case on "having won the default judgement against me"

- so the last hearing (on 25/09) the judge told me that I should have relied on 3.9 rule, and not on 12 and 13 like I have.

 

So, take notice (everyone)

- that should a judgement be entered against you, and it was deemed to be a 'default' one,

make doubly sure it is actually classed as a 'default'. You maybe presently surprised.

 

In final words (I'm trying to get to 30 posts so I can send PM) -

I was pleasantly surprised by support I was given first by 'normal' judges, then the district judge. I

really felt they were trying to help me. That's a word of encouragement to all who are LIPs (Litigant in Person) in court.

 

Hi Dotty,

 

I have tried sending you PM, now that I have reached 30 posts, but this is the message I've got from the forum: "dotty has exceeded their stored private messages quota and cannot accept further messages until they clear some space."

 

So you may want to delete some stuff otherwise you won't receive any messages at all.

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Sorry, I've not deleted my emails for ages, but you should be able to send one now.

 

Why do admin on this forum do these kind of thing? :-x

Like those posts are something so valuable to them, they can't be 'wasted' - they sum them all up, like the little precious things, put them all in one, make sure people don't accumulate 30 posts "just like that" - someone in the admin must have had a career in the police... Ridiculous.

 

So, I don't have 30 posts any more - I will not be able to send you a PM now. Sorry Dotty50.

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You can send me a PM Super....and I will pass it on to Dotty.

 

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

If you want advice on your Topic please PM me a link to your thread

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