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    • scan up the agreement to PDF  read upload carefully please   easy peasy if you have that   dx  
    • Understood. Maybe as a first step it would be a good idea to write to Amazon and tell them that I would have selected the prepaid hermes drop-off option, like I always do, but I wasn't able to as that option wasn't available for the laptop. Additionally, after Hermes not collecting the item on two consecutive times with the Hermes home pick-up option, I was advised by a customer service assistant to organize the return myself as there is no point in choosing the home pick-up service for the third time. Following his advice and returning the laptop myself being the only available option to send it back to Amazon, I have decided to organize the return myself. I was told that I can use any of the shipping services. To quote I was told: "I could only find the pickup option. So you could arrange your own return using parcel monkey: www.parcelmonkey.com or any similar service. Keep the receipt and send it to: ...url... And we will refund you the postage fees". I didn't get any other instructions and I did what I was told by the assistant to the letter.  What else should I add? Should I mention anything else?   I understand that. I am not afraid of that, I do think that nothing protects them from having to compensate a consumer where they have failed to take reasonable care in performing the contracted service. They have a general duty of care, and they have also failed to provide the service paid for. I really hope that the judge sees it that way too. But maybe Amazon realize the mistake they made and I won't have to sue Hermes. To be honest I think it is disgusting what they do... There is no way to lose a package of 70X40X15. It is way too big. And what are the chances that they lose another package of mine that I send with the laptop at the same time? Obviously someone stole them. What else could have happened? How can they not find the driver who was responsible for the package at the time of moving it from the ParcelShop to the sorting warehouse? And if something happened to the car/driver, it must be logged somewhere. And I would like to see that log (I actually asked them to provide that in my last letter). The whole thing is just unbeliavable.
    • if other details match and this is as a result of say a marriage then yes. CCJ's are not against an address.    
    • Thanks DX and BN.   He did keep saying he’s done loads of parking cases in the past, over the 10 years he’d been doing it, so as you say he’s bound to have come across VCS stuff before isn’t he.   hopefully that’s the case then he just wants to go through it in a bit more detail. Either way you have given me a lot more confidence again now thanks.
    • From Alasdair Macleod , 40 years in stockbroking and financial  analysis  The Eurozone is bust. The deterioration of TARGET2 imbalances have been hardly noticed, but in recent months it has been alarming. Despite official denials over the years that it is a matter of concern, it is increasingly obvious that the national banks of Italy, Spain and other nations with increasing bad debts are hiding them within the TARGET2 system. The first wave of Covid-19, which is leading to bankruptcies throughout the Eurozone, is now being followed by a second wave, which will almost certainly take out a number of important banks, in which case the cross-border euro system will implode.   https://www.goldmoney.com/research/goldmoney-insights/the-destruction-of-the-euro
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        • Thanks
      • 3 replies
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        • Thanks
        • Like

Moneybarn!..scottish claim return of vehicle order . arrgghhhhh!!!!


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ignore the second form its blank?

where did that come from?

that's nothing to do with you that's a claimant form..

 

 

its the first form you fill in

 

 

pay by instalments

fill out the income/out going

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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you've downloaded those forms haven't you?

 

 

its not what came with the citation is it?

 

 

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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what is the number on the citation you got from the court? form 1a?

 

 

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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Hi,

 

It's an Form 5 Rule 5.2(2)

 

Form of notice to be served on defender in ordinary action where time to pay direction or time order may be applied for.

 

There are 2 forms attached, one for each. Which would be the right one?

 

I want to upload but personal info on them both

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follow the upload guide

scan to JPG

 

 

blank out pers stuff

then PDF and attach.

 

 

so you got a N9C with the citation no?

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

The forms they have included do not have any specific reference numbers just form 03 or form 07.

I can either complete:

Form 03 (application for time to pay direction or time order)

Form 07 (notice of intention to defend)

 

Im assuming I complete the 'Time order and not the time to pay direction form?

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yes brill we got there

 

 

form 03

 

 

good job you mentioned the word citation else we would have never have known it was Scottish.

 

 

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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YOU ARE A STAR!!! Thank you so much for all your help. This forum is ace!, Highly recommended.

 

I will complete this tomorrow and take it to the court and keep you posted of updates if that's ok?

 

Thank you again, Excellent support

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good well done

 

don't whatever you do allow moneybarn to nail you into a corner

 

its the courts decision what happens not theirs and don't get done over with their penalty fees either.

 

have you got recent statements

 

any of those?

letter fee repo fee arrears fees phone fees?

 

get those taken off the bal by the court first they are unlawful.

 

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
  • 1 month later...

Hi all,

Im back...

 

I wanted to update you on my Moneybarn issue...

Well, I put in the Time Order as per your advice and received a letter back from Brodies Solicitors stating the following:

'Dear madam.

Your Time Order Application is to be opposed. We enclose our clients formal opposition (a form 03A) to your application. A hearing in respect of this matter will be fixed by the court in due course.

 

In the meantime, our client requests that you agree to surrender the vehicle to them.

 

Importantly, if the vehicle is surrendered, it will be sold by our client at auction. The sale received for it will be out towards the debt owed by you to our client. Thereafter, we can discuss with you a suitable repayment terms for any outstanding sum (if any) owed to you by our client. Please contact us in writing to inform us if you will surrender the vehicle. '

... it then goes on to say that the client will seek legal costs from me and saying if I refuse to surrender then further legal costs will be added.

 

 

They then ask for documentary evidence of my income and outgoings (including any state benefits)

in order that moneybarn can asses the details of the application!

 

 

Why ask that if they are already saying they will oppose?

 

 

The hearing has been set for 14th October.

 

The Form 3A states that they are opposing and that they are also looking at Crave 1 and 2 be granted?

 

Any advice appreciated.

 

Further to my below thread do you think there is point writing to the court defending my Time order before the due date? The explanation they have given is not accurate and want to explain in detail why I have offered the payment plan

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they can oppose it

but I cant see them winning that one

 

 

let the oldrouge comment further

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

I need to go and see family next week and need my car to travel. My father having a serious operation. I need to go on Wednesday and worried they will turn up at my house to take the car while I'm away!!

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they cant without a court order

 

 

and most certainly no no powers repo guy can take it either.

a repo guy is NOT a bailiff or sheriff's officer

 

 

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

as dx says they cannot take the car without a court order

 

what offer have you made as regards future payments/arrears?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Because I was out of work and now returning, I offered a £100 a month for 1st 3 months then to be reviewed and increased to the £505 a month, normal payment.

 

The letter I received stating their case did not mention that the £100 was just for the first 3 months. They have made out that's all I am prepared to pay!.

 

Would it be use writing to the sheriff before Thursday's hearing explaining that I'm offering the £100 a month only for 1st 3 months and then back to making normal payments plus additional to cover arrears?

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ideally you need to be repaying the arrears within the months remaining on the agreement

 

eg, after the 3 months monthly payment plus arrears divided by months remaining

 

I take it you will be attending the hearing

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I took out the agreement in March 2013 at £505 a month. So I will need to pay my normal payment plus spread the arrears over the remaining period? That would work around £700 a month!

 

I wasn't aware I needed to attend, I have only received a letter from the court stating that they will be opposing the time order on Thursday. Nothing asking me to attend

 

I am due to go home to visit my father who is very ill with Cancer and therefore could not attend anyway

 

What other options do I have? What would be the rough time frames from court to repossession?

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court can look at rescheduling agreement, but imo you must attend its your application

 

will check for you

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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yes as far as I am aware you must alwaysattend any Scottish court hearings.

 

 

you could give the sherrifs office a ring and explain your sad fathers prognosis to the clerk

 

 

I'm pretty sure that they will allow a reschedule for a later date.

 

 

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

I really hope so. I'll give them a call on Monday morning. So glad I came in here as I would have never known that I needed to be there! I will update you all.

 

Again, thank you so much for your advice.

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how far away is the office too you?

 

 

a personal touch has worked for me in the past

three times infact.

 

 

though my court is less that 500yds away:lol:

 

unlike southern courts I find Scottish court very 'human' if you get my drift.

 

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

Hi all.

 

I have just spoken to the court regarding Wednesday's hearing.

 

 

Firstly, I was told that ideally I should attend but not necessarily as it's a civil matter.

 

 

I was told that the hearing will definitely go ahead as the amount I offered (£150 a moth for 1st 3 months

) or as they see it, only 150 a month ongoing is unacceptable.

 

I have been advised to write an e mail to them and CC the Solicitor representing them explaining that I will not be in the country

and that I wold like a 'continuation'.

 

 

Explain in detail but not too much detail my personal circumstances.

 

 

If this is granted by the Sheriff then I would have to attend or get legal representation.

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