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
      • 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

1st credit claimform - LLOyds card - Defended, DQ/Mediation help


69Eyes
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2999 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

All you can do now is rely on your witness statement and initial defence.....versus what they have disclosed and what they will rely on by way of their witness statement...you are very much at the mercy of the judge and how he perceives the claim and defence.

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

Link to post
Share on other sites

  • Replies 116
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I would hate to do it, but if I'm looking at a 50/50 chance of a CCJ, I'm tempted to pull the plug and try and set up a payment plan with them. Or vibe out the judge on the day and if he seems hostile, then offer to do that on the basis of the new evidence.

Link to post
Share on other sites

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

Link to post
Share on other sites

Thanks Andy. I guess it might be wise to call them tomorrow and seem an agreement. What are the possible outcomes of the hearing if I didn't?

 

Is it one of: 1. Unenforcable claim or 2.CCJ?

 

Or does the potential exist for further negotiation? (e.g. in light of docs supplied last minute)

Link to post
Share on other sites

What I normally find is if the claimant has troubled to actually disclose...they intend seeing this through trial...and on the basis of what they have disclosed...unless you get a particularly savvy District Judge ...most will accept what has been disclosed as enforceable...on the balance of probabilities...an application with your sig and a debt...therefore I really cant see you attaining success..

 

They have followed due process with regards the court directions...so again nothing to pull the rug with.

 

Therefore I would contact their Solicitors and propose a settlement by way of a Tomlin Order...you have read the finer details of this process in the link I provided earlier.

I would ring them first thing tomorrow...considering a hearing is imminent...and see if they are open or willing to consider this.

 

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

Link to post
Share on other sites

Ok I will do that. Sorry for keep twittering on. I never expected this thread to get to 4 pages....

 

I got excited at the thought of unenforcability, because they wind me up so much.

Link to post
Share on other sites

It may well be unenforceable......but can you bank on getting a fair District Judge prepared to listen to your argument?

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

Link to post
Share on other sites

My thoughts exactly. I don't think I want to take the risk.

 

One last thing, and then I'll definitely shut up. I got the impression from post 62 that if I did let it go to court, there could only be 2 possible outcomes - either CCJ, or unenforcable. (I.e. there is no option for negotiation after that). Is that correct?

Link to post
Share on other sites

My thoughts exactly. I don't think I want to take the risk.

 

One last thing, and then I'll definitely shut up. I got the impression from post 62 that if I did let it go to court, there could only be 2 possible outcomes - either CCJ, or unenforcable. (I.e. there is no option for negotiation after that). Is that correct?

 

Post #62 refers to lack of service of a Default Notice....if you are adamant that none was served.....and the claimant cant prove it was served either then sec 87 of the CCA1974 then kicks in...this does not invalidate the agreement or cast doubt on its effectiveness to enforce...simply its procedure that one must be served....to enable enforcement or seek relief of the agreement.

 

http://www.legislation.gov.uk/ukpga/1974/39/section/87.

 

You are past chances to negotiate apart from raising the issue of a Tomlin Order which I have already covered.....if it gets to trial and you do get a judgment...then its either paid by the required date or you get a judgment (CCJ.)

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

Link to post
Share on other sites

The Tomlin has been set up and signed (albeit with clenched teeth).

 

A big thanks to all of you for your input, I would have been lost without your kind assistance.

Link to post
Share on other sites

If you would like me to check the terms (even though you have already signed and agreed).....just let me know 69Eyes

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

Link to post
Share on other sites

UPON the claimant and the defendant agreeing the terms set out in The Schedule hereto

AND UPON reading the written terms of the parties

BY CONSENT IT IS ORDERED THAT:-

1. All further proceedings in this claim be stayed save for the purpose of carrying the terms of this Order and the attached Schedule into effect, and for that latter purpose the parties do be at liberty to apply; and

2. There be no order as to costs.

 

 

This is the Schedule referred to in the Tomlin Order (‘the Order’) made on even date.

In full and final settlement of all issues and matters raised in present action (whether pleaded or referred to in witness statements or correspondence and including without limitation the existence, assignment, validity, enforceability and quantum of the debt claimed by the Claimant), the Claimant on the first part and the Defendant on the second part agree as follows:

 

1. The Defendant shall pay the sum of £xxxx.00 to the Claimant as a debt in accordance with the following provisions. The Settlement Sum shall be paid by way of the following instalments and to reach the Claimant in cleared funds by not later than 4:00pm on the first business day of each month.

a) £x.00 per month commencing 01 April 2016 for 12 months then

b) £x.00 per month commencing 01 April 2017 for 12 months then

c) £x.00 per month commencing 01 April 2018 for 12 months then

d) £x.00 per month commencing 01 April 2019 for 12 months then

e) £x.00 per month commencing 01 April 2020 for 12 months then

f) £x.00 per month commencing on 01 April 2021 for 6 months then

g) One final instalment of £x.00until the entire sum of £xxxx.00has been paid in full

 

 

2. In the event of any default by the Defendant in complying with paragraph (1) (a) to (g) of this Schedule, however minor or de minimis, and whether remedied or not:

(a) The entire balance of the Settlement Sum then outstanding shall automatically become due and payable immediately as a debt and shall accrue interest at the rate of 4% per annum compounded daily on the entire outstanding balance of the Settlement Sum owing from time to time until the date of Judgment (after which interest shall accrue on the judgment sum at the judgment rate pursuant to statute) or sooner payment; and

(b) The Claimant shall be entitled to apply for judgment on the balance of the Settlement Sum outstanding in accordance with paragraph (2) of the Order.

Edited by 69Eyes
redacting identifiable info
Link to post
Share on other sites

Thanks Andy. Key points: £50ish a month. It goes up a fiver a year. They added on the court costs to the balance. I guess I could have argued for a settled marker on the credit rating (as on the thread you pointed me to), but it was so late in the day I didn't feel I was in a position to argue.

Link to post
Share on other sites

That's fine...I would of argued each party bear their own costs ..unless you got any settlement reduction ?

 

Still it avoids a CCJ and it puts the matter to bed.

 

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

Link to post
Share on other sites

yes, a tomlin amount cld even be re a reduction. also dont like that interest clause (if it was judgment with an instalment order, or even a Time Order, there wldnt be any extra interest?), or the auto increase in payment amount (shld at least be subject to a periodical review of financial circumstances)

anyway, as said, its to bed.

Link to post
Share on other sites

Agreed Ford there should be no inclusions with regards to interest...interest is only applicable if they got judgment which would then incur 8%. up until date of judgment.

 

Still its only a concern should the Order be defaulted on.

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

Link to post
Share on other sites

The original claim was £3.5k, they added 250-ish on for court costs and 90 for sending someone to court. But the tomlin amount is 4.2k so something is amiss. I have asked them for clarification.

 

They seemed reluctant to go for the tomlin ("isn't it a bit late for that?"). I told them it was their fault as they had only just supplied the evidence. It was getting late in the day, so when the sent the order over... I basically just folded :(

Link to post
Share on other sites

From their email:

 

The 15 March 2016 hearing will still go ahead either way but we will seek to lodge the Tomlin Order (upon receipt).

 

Is there any point in me attending this?

Link to post
Share on other sites

Just taking another look at this.....

 

UPON the claimant and the defendant agreeing the terms set out in The Schedule hereto

AND UPON reading the written terms of the parties

BY CONSENT IT IS ORDERED THAT:-

1. All further proceedings in this claim be stayed save for the purpose of carrying the terms of this Order and the attached Schedule into effect, and for that latter purpose the parties do be at liberty to apply; and

2. There be no order as to costs.

 

 

£50ish a month. It goes up a fiver a year. They added on the court costs to the balance.

 

So they have added costs ?

 

with regards to the forth coming hearing...until the court informs you the hearing has been vacated I would attend as planned.

 

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

Link to post
Share on other sites

There be no order as to costs
I don't understand that. I'm pretty sure they have been added. The lady on the phone said they would do. And the balance has shot up by a few hundred so it looks like they have been.

 

until the court informs you the hearing has been vacated

 

The hearing is tomorrow morning, and I doubt I'll hear anything before then, so I'd better start getting my documents and stuff together.

Link to post
Share on other sites

Probably just the court claim fee and Tomlin Order (£50) fee added.

 

Yes I would attend.....Its the claimants responsibility to advise them of the Tomlin Order.....if you get chance maybe raise your queries with their Solicitor before entering court ?

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

Link to post
Share on other sites

Ok, will do. I got the wrong end of the stick, thought the Tomlin would negate the need for a hearing.

 

Now I have signed the tomlin, am I right in thinking that there is no need to prepare info regarding bad reconstructions of TCs, etc... it will not be of any benefit to me now, will it?

Link to post
Share on other sites

Ok, will do. I got the wrong end of the stick, thought the Tomlin would negate the need for a hearing.It normally would but because its so close to hearing its possibly too late to stop it and get the order sealed.

 

Now I have signed the tomlin, am I right in thinking that there is no need to prepare info regarding bad reconstructions of TCs, etc... it will not be of any benefit to me now, will it?

Correct...but take your file anyway and a copy of the Tomlin Order.

 

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

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...