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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.

      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.
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Lowell/Lowell sols claimform - old cat debt


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Ok, so what you're saying is you owed only a few hundred Pounds on the account before placing these orders, then the account balance rocketed to £2,400 within a short period of time?

 

In your email correspondence, you mention a balance of £2,400+ that you say is incorrect - this was on 14/06/13.

This raises the question as to how such an increase has materialised.

 

Furthermore, on 25/06/13, you refer to £600 of goods being returned, but they only credited £173.

As this is after the previous email on 14/06/13, why are you only querying the £600 value of returned goods and not the £2k that has supposedly been added on for whatever reason?

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I question them to explain £2400 balance in the email?

it didnt happen in few weeks over some months before I stopped making payments.

 

 

The goods I ordered could have been about £600 but was all returned but i definitely didnt have that balance

and thats why they didnt send me statements so i my self could see what i purchase and what charges they have added.

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Yes, but charges are only incurred for missed or late payments, and your last payment was 5th June 2013. It doesn't add up. I don't understand why you only question the difference of £427 in the value of the credit, and not the £2,000+ that you say the account rocketed by. That doesn't make sense.

 

Anyway, you can explain that bit to the judge. I'll continue knocking this WS up for you on the basis that non-compliant agreement and lack of default notice could save the day for you.

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This is the last email I sent in 7/2013

 

My account XXXXXX still not credit with returns. I have attached three return tickets with this email. This is the last email I am writing to you . If my account is not credited I will write to trading standards and your head office and I will not make any payments till this resolved . You guys purposely do that so you can over charge people.

 

In this email I am asking them to explain my balance....Hi I have returned both previous orders you have not credited my account the account still shows £2,492.34 which is wrong . Please explain my outstanding balance.

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Ok, no problem. I'm sure you can explain all that to the judge on the day. It's too mashed up for me to unpick at this late stage.

 

We're not going to get this done today now unfortunately, however I'm nearly done with my bit. You can get it off to them tomorrow or even hand deliver it to the court if it's accessible for you.

 

Better late than never.

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We're not going to get this done today now unfortunately, however I'm nearly done with my bit. You can get it off to them tomorrow or even hand deliver it to the court if it's accessible for you.

 

Better late than never.

 

Yes thats ok I can hand deliver its not far. Thank you guys.

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Let me just go over this one more time -

 

- you have sent off a CPR request, asking for statements - correct?

- you have sent off the CCA request, asking for a copy of the agreement - correct?

 

Do you have copies of both letters to put into your disclosure list?

 

- you didn't get any reply to either request - right?

 

- did you get proof of delivery for the letters sent?

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Let me just go over this one more time -

 

- you have sent off a CPR request, asking for statements - correct?

- you have sent off the CCA request, asking for a copy of the agreement - correct?

 

Do you have copies of both letters to put into your disclosure list?

 

- you didn't get any reply to either request - right?

 

- did you get proof of delivery for the letters sent?

 

Yes I can attach both here if you like and yes I have kept recorded delivery proofs.

 

DATE: 11/12/15

 

Dear Sir/Madam

template removed - read our rules please and the warning on the templates themselves - dx

 

DATE: 11/12/15

 

 

 

Dear Sirs,

Claim Number: XXXXX

template removed - read our rules please and the warning on the templates themselves - dx

And they only documents the sent me was few days ago which are posted in post 1.

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Here's my attempt. It's a bit all over the place maybe, but I'm struggling for time to structure it as well as it could be. You'll need to include documents in your disclosure list that correspond with the exhibit numbers I've given. I've also made a few assumptions... e.g. about you asking for a copy of the agreement via telephone, answering numerous phone calls about the debt - unless you have reason to believe this is incorrect or Andy advises against, just leave them there.

 

You've got until tomorrow to sort this now, so you may as well take your time to get it as good as possible. Can you post up a copy of your list and cover letter before you print them off for sending?

 

Andy, do you think this is ok. Can you suggest additions (or bits to remove, for that matter) in order to squeeze them on some points (e.g. supply of original agreement, statements, default notice, etc). My brain is switching off now - all the info and circumstances relating to the claim is so mixed up that I have no motivation to over-analyse it.

 

Cheers,

 

Sham

 

----------------------------------------------------------------------------------------------

 

IN THE XXXXXXXXXX COUNTY COURT

BETWEEN:

LOWELL PORTFOLIO I LTD Claimant

-and-

XXXXXXXXXXXXXXX Defendant

 

WITNESS STATEMANT OF MRS/MISS/MS [DELETE AS APPROPRIATE] XXXXXXX

 

I. Ms/Miss/Mrs [delete as appropriate] XXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-

 

2. I held a Very catalogue account since September 2005 and had ordered and paid for numerous goods over a number of years. I do not possess any of the account statements as I believe they were accessed online, but I no longer have access to this information.

 

3. My recollection of setting up the account is that it was done via a paper application form, but I have no knowledge or recollection of any agreement, as referred to in the Claimant’s Witness Statement as Exhibit AK2.

 

4. My account with Very was maintained in good order until mid-2013 and, at that point had, as I recall, a low outstanding balance. I ceased making payments to the account under dispute when I had ordered some goods on a ‘Buy Now, Pay Later’ special offer. The goods were unsuitable so I returned them unused, but the original cost was not credited back against the account. I subsequently disputed the account balance via telephone and also email. See Exhibit SK1.

 

5. It is denied that I refused communications over this matter with either the original creditor or the Claimant. I both made and accepted numerous telephone calls to and from the original creditor and variety of debt collection agencies, and each time I raised the matter of the dispute, but little notice or consideration was given. The account was eventually sold quite quickly after I telephoned Very to request a copy of the agreement.

 

6. Upon receiving the claim form, I subsequently sent a Consumer Credit Act s.78 request to Lowell [Exhibit SK2], asking for a copy of the agreement. I did not receive any reply, so they remain in breach of the regulated agreement they claim exists. I have confirmation that the request letter was received [Exhibit SK3].

 

7. I also sent a request to the Claimant’s solicitors for copies of the itemised account statements under CPR 31.14 [Exhibit SK4]. A response was not received. I also have proof that the request letter was delivered [Exhibit SK5].

 

8. The Claimant has failed to provide itemised copies of account activity which would substantiate how the claim amount was arrived at. The Claimant has only supplied an ‘Account Summary’ [AK4] in support of the total they are claiming. I contest that this summary is crude and unverified, and I deny the amount to be true. An account summary does not assist with being able to contest or indeed validate specific entries when attempting to validate the alleged account balance.

 

9. The Claimant’s Witness Statement draws attention to a pair of Wrangler jeans being ordered, but I fail to understand the relevance of this to their claim, as it is not contained within any of the documentation they upon which they rely.

 

10. The account summary itemises Charges of £108.00 and Insurance of £49.28. I contest both of these amounts as I was unaware either were being added to the account, or the reasons for doing so. Upon reading the unsigned generic agreement and terms provided by the Claimant in their Witness Statement, there is no mention on any charges or insurance. These amounts should be scrutinised and then refunded with compound interest, however, they can only be properly scrutinised with the assistance of itemised account statements.

 

11. The Witness Statement made by xxxxxxxxxxxx in support of the Claimant, exhibits a ‘generic’ Agreement [AK2] and Terms [AK3] as evidence of an agreement entered into, and one which they currently seek to enforce. I contest that the supplied document does not constitute a valid agreement pursuant to s.61 of the Consumer Credit Act 1974. It lacks both dates and signatures on behalf of the creditor and myself, rendering it improperly executed and, therefore, irredeemably unenforceable through the Courts. As the agreement is pre-2007, only the original signed agreement can be considered for the purposes of enforcement, by virtue of s.127(3) of the Consumer Credit Act.

 

Furthermore, I deny ever being presented with or signing a document that resembles the generic agreement exhibited.

 

12. In the event that the agreement was the original and fully complied with the requirements of the Consumer Credit Act, s.87 of the Act stipulates that a valid default notice must be issued in the event of a breach, should the creditor wish to take legal action and enforce the agreement. Nowhere does the claimant mention or provide a Default Notice in support of their claim, and I can confirm that none was ever received. Until this obligation is satisfied, the Claimant has no grounds to pursue the agreement through the Courts.

 

It is therefore submitted that the Claimant be ordered by the court to quantify, verify, substantiate and disclose all evidence relied upon and should the claimant fail to that their claim be struck out under CPR 3.4 as having no basis.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed ……………….

 

Dated on the day ………………..2016

 

-----------------------------------------------------------------------------

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Hi HB

 

I've been conversing with Andy behind the scenes. He advised earlier to add a note for the court as they probably realised at this stage that the directions hadn't been complied with, so the note was to explain the situation and request that sanctions not be applied.

 

I guess it's a flip of a coin decision maybe, but I'd err on the side of acting like a nervous LIP and hoping for some flexibility on account that a solid case for defence exists.

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Hi HB

 

I've been conversing with Andy behind the scenes. He advised earlier to add a note for the court as they probably realised at this stage that the directions hadn't been complied with, so the note was to explain the situation and request that sanctions not be applied.

 

I guess it's a flip of a coin decision maybe, but I'd err on the side of acting like a nervous LIP and hoping for some flexibility on account that a solid case for defence exists.

 

Thank you Andy and Thank you SHAMROCKER . I will start now and drop the documents by hand to county court.

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Should I wait for Andy or can I start with this now?

 

Wait for Andy to have a look. He'll probably on tonight. I'll give feedback on your letters later when I get some peace and quiet at home.

 

Don't forget to add all exhibits to the list - then I assume you'll also need to include them in the actual witness statement too. I'll clarify with Andy later.

 

We're getting closer anyway. :D

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Wait for Andy to have a look. He'll probably on tonight. I'll give feedback on your letters later when I get some peace and quiet at home.

 

Don't forget to add all exhibits to the list - then I assume you'll also need to include them in the actual witness statement too. I'll clarify with Andy later.

 

We're getting closer anyway. :D

 

I have done that already.

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Excellent.....just attach all the exhibits to the Witness Statement...and also write them on your disclosure list.

 

Well done:thumb:

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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And copy it all to the Claimant's Solicitor named on the claim form

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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Add your address and claim details to the top of the cover letter for the court - take 'Cover Later' off it too. I can take another read over things later if you want to wait a bit.

 

Otherwise, best of luck. Hope it works out for you! :D

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Just a quick note...

 

The start of the witness statement should go: "1. I, Ms/Miss/Mrs [delete as appropriate] XXXXXXXX the..."

 

also.....

 

Point 8: should say: "attempting to verify the accuracy of the alleged account balance."

 

Point 9: should say: "...within any of the documentation upon which they rely"

 

Also, it might be an idea to sign anything sent to their Solicitor slightly differently to your usual signature. Scan or take a photo of the document with signature so you can refer to it later should a signed agreement turn up as if by magic at the back of a Shop Direct filing cabinet...and the signature is an exact match for the altered one you put on the WS you sent them.

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also.....

 

Point 8: should say: "attempting to verify the accuracy of the alleged account balance."

 

Point 9: should say: "...within any of the documentation upon which they rely"

 

Also, it might be an idea to sign anything sent to their Solicitor slightly differently to your usual signature. Scan or take a photo of the document with signature so you can refer to it later should a signed agreement turn up as if by magic at the back of a Shop Direct filing cabinet...and the signature is an exact match for the altered one you put on the WS you sent them.

 

Thank you I will correct them before sending and I will do slight diffrent signature when sending to Lowell.

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