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    • 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.
    • 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.  
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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.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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Ebay seller - Henleys watch- silver rubbing off - County Court case looming


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I purchased a Henleys watch from an Ebay seller in October 2014, brand new, boxed, and with tags.

 

 

Within 2 months, the silver coating was rubbung off either side of the winder,

around the top and bottom of the case, and around the underneath, showing a copper colour.

 

I contacted the seller who ignored me.

I then sent the watch back to the sellers address.

I got a reply stating that the seller gives 21 days warranty,

and that I should return the watch back to the manufacturer.

The seller finished by saying that he returned the watch back to me.

 

Fast forward to this month, when I have asked on 3 occasions for proof of posting and the tracking number.

So far, no response.

I have never received the watch back.

I then threatened to sue in the Small Claims Court.

Again no response.

 

A summons is now in force.

 

All of a sudden, the seller replies saying that the Sale of goods Act does not apply to him.

I replied saying it does as she is the retailer..

 

..In the meantime,

I have tried googling the manufacturer of Henleys watches for a contact number/address, but have not found anything

 

Does anyone on CAg have any contact details for Henleys watches please???.

 

Also, am I correct in saying the SoGA does apply to the seller, or is the internet shopping a different law??

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try this

 

 

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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  • 1 month later...

I then threatened to sue in the Small Claims Court.

Again no response.

 

A summons is now in force.

 

A summons against who? For what purpose? By application of who?

 

A defendant to a small claims track case would not be summonsed, the case would simply proceed in their absence. Perhaps a key witness who was refusing to attend?

 

Anyhow, this was over a month ago - presumably you've won your case by now?

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  • 1 month later...

I have a County Court case looming over an item I purchased from Ebay, but was not what it was portrayed to be.

 

I gave the retailer a few chances to sort the issue, but they declined.

 

I threatened to sue them in the county court.

 

They still refused so I took a summons out against them.

 

They decided to put in a defence.

 

The case is due in county court in Liverpool in June.

 

Can I ask for the case to be heard in my absence as i don't want to rack up travelling expenses, parking charges, etc.

 

 

I can send all the documents I want to be used and the witness statement to the court for the Judge to decide the outcome.

 

 

If I can do this, do I need to fill in a specific form, or just write a letter?.

 

 

Any help would be greatful.

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Good Luck! Not sure if it's a good idea, tempting though it is, as the Judge may have questions to ask you and if you're not there to put your case, he may decide in your opponent's favour instead...

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Yes, I'm afraid that there is probably very little you can do. If you don't attend the hearing then you are likely to lose. I'm afraid that probably should have factored this in when you were deciding whether or not to bring your claim.

 

On the other hand, you describe the defendant as "a retailer". Are they on eBay trader? If so then the case should have been transferred to your local court and you can still ask for the transfer.

 

If it is not clear as to the status of the eBay trader then you should look up his feedback and see whether most of this feedback is gained as a seller rather than a buyer.

 

If you find that he is mainly a seller then you can take it that he is a commercial trader. If he has not made this clear in his eBay profile then this will also be a black mark against him.

 

I think you need to give us more details.

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Many thanks for the input,especially from bankfodder.

 

The retailer is a trader on ebay.

 

He sells, but does not buy

 

I purchased a brand new watch from him that started having faults after just 2 months.

 

He ignored 3 emails from me and only responded after I threatened county court action.

 

However,

he refused to repair, replace, or refund under the Sale of goods Act 1979 which places the onus on the retailer, not the seller.

 

I also quoted the "Consumer Contracts (information,Cancellation, and Additional Charges)Regulations 2013 to him, but to no avail.

 

He stated that he gives 14 days to return the item if it is not wanted, or 21 days guarantee.

 

To cut a long story short,

he flatly refused to have anything to do with it,

so I took out a summons against him...

..It is due for hearing at Liverpool in June.

 

If I can have the case transferred to Nottingham county court

 

,how do I go about it

 

who do I contact,

 

what forms do I need to fill in etc.

Many Thanks

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Threads merged...please stick to one thread per matter.

 

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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ideally you should have researched what bringing a court case would actually entail

since you mentioned it in january

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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Bankfodder,

 

Can you please enlighten me on being allowed to have this county court case transferred to Nottingham.

 

The county court in Birkenhead does not know that this issue is an Ebay item/Ebay seller.

 

Do I ring Birkenhead county court and explain that it is an Ebay issue and so it should automatically be transferred to Nottingham

 

.Or do I have to fill any specific forms in ?.

 

Also, is there a law I can quote with reference to Ebay issues being automatically transferred to the claimants local county court?

 

.Many thanks in advance for any help.

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You can only transfer it to your local county court as Claimant if the defendant is Ltd company.

 

 

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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  • 4 weeks later...

I don't know if cash exchange are a limited company or not.

 

I googled the name and it comes up with their address,

103 Wallasey road,Wallasey, and states that they are pawnbrokers.

 

However,

if i asked cash exchange or Tim Bradley if it were a ltd, company,

I somehow don't think I will get a reply...

 

.I have also got his defence docs.,

and in it, he states,

 

"The watch is not faulty, it is the coating that is at fault"

 

...An admission from Tim Bradley himself that the coating is faulty.

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  • 2 weeks later...

Well,it looks like the retailer thinks he does not have to adhere to anything the court orders...........Both parties had to send copies of all documents to be used by no later than 14 days before the court hearing.That 14 days was by the 20th may.I sent mine to the county court and they were signed for on 15th may......I also sent the exact same copies to tim Bradley at Cashexchange.They were signed for on 17th May....So far,i have not received any documents from him, so i drafted a letetr to the court explaining that I have received no documents from Tim Bradley, and therefore requested that the court enters judgement against him and award me what I am claiming.The letetr was sent last friday and was signed for the following day........I suppose I just have to wait for a reply now.

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