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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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PRA group claim form - old Lloyd's loan 'debt'***Claim Discontinued***


chis1230
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I will post you an example of Draft Directions...standard disclosure is done using the N265 form.

 

Andy

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OK Andy, many thanks

 

Unable to sort my printer/scannerror so I will just tell you what they have ticked on the dq.

 

A. Settlement

For legal reps only - ticked

1- yes

2- one month stay- yes

 

B.

2- trial yes, the defendants local court

 

C- yes

 

D. 1- no

 

E. Experts

No

No

No

 

F. Witnesses

 

Mr XXXXXXXXXX- the whole claim

 

G. Trial

Less than 1 day

3 hours

 

I. Other info

 

No

 

J.

 

Signed and dated 15/09/2016

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I'm a little confused with all this,

 

if you have to file proposed directions with the questionnaire then why haven't pra done that and why haven't they filled in part D4 - disclosure of non electric documents, or this what n265 is for.

 

I'm confused

 

am I right in saying if they don't disclose any documents here,then they can't produce them further down the line

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The N265 deals with disclosure...not the DQ

We could do with some help from you.

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Morning guys

 

Think I may be starting to get my head around this a little bit, after reading other posts.

 

Am I right in saying

 

1. The N265 disclosure comes later and nowt to worry about yet.

 

2. I need to include a draft order for directions with the the DQ, but the directions need to be agreed with the claimant before they are sent ?

 

How do I agree directions with them?

 

The dq and directions need to be with the court by October 13th.

 

Thanks

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At this stage with your case, wait for Andy to give confirmation for what is required, he is far more knowledgeable with CPR process

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Morning guys

 

Think I may be starting to get my head around this a little bit, after reading other posts.

 

Am I right in saying

 

1. The N265 disclosure comes later and nowt to worry about yet. Correct...Notice of allocation will provide the directions and dates.

 

2. I need to include a draft order for directions with the the DQ, but the directions need to be agreed with the claimant before they are sent ? Correct...but the claimant usually sets the Draft Directions and serves them on you...not the defendant on the claimant...but if they fail to serve or agree you can just submit them with the DQ ...unagreed.

 

How do I agree directions with them? Only if they provide them first

The dq and directions need to be with the court by October 13th.

 

Thanks

 

Andy

We could do with some help from you.

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  • 2 weeks later...

Hi guys

 

Time is getting close to the deadline of 13th October for submitting the DQ.

 

Have not received any directions to agree to from the PRAts, so guess I will have to get my own directions wrote up and submit them unagreed.

 

Any help with this is gratefully appreciated.

 

Thanks

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Should be an example of standard Fast Track directions in that link I provided previously Chis

 

Andy

We could do with some help from you.

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Thanks Andy, I have attempted draft directions from looking at the other thread, just not to sure about number 1 as the other case is small claims, but here goes

 

In the county court bulk centre claim number xxxxxx

 

PRA group plc claimant

and

chis1230

 

#######Draft directions########

 

1. The claim be allocated to fast track

 

2. Each party must by 4.00pm on the xxth xxxxx 2016 serve to the other party standard disclosure of the original documents on which this claim relies.

In particular original copies of the agreement & terms and conditions, the default notice and the notice of assignment.

 

3 .Each party must by 4.00pm on the xxth xxxxx 2016 serve on every other party signed statements of all witnesses of fact on whom they intend to rely.

 

4. Costs in the case

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Hi

Thanks for confirming Andy, I know I'm going on a bit but do I need to just send draft directions printed on A4 paper?

 

Do I need to write anywhere that they are un-agreed directions.

Also still a bit stuck on what to write in D4 on the dq.

Other than that ready to post.

 

Thanks again

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Hi

Thanks for confirming Andy, I know I'm going on a bit but do I need to just send draft directions printed on A4 paper? You attach it to the DQ

 

Do I need to write anywhere that they are un-agreed directions. You can add that to the directions header if you wish

Also still a bit stuck on what to write in D4 on the dq. State " See directions point 2 "

Other than that ready to post.

 

Thanks again

 

:thumb:

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Hi

 

Letter n271 today

Notice of transfer of proceedings to my local court, who will allocate to track and give directions.

 

Please await the judges directions.

 

So I guess that's what I will do.

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Normal process chis...post up if you have any queries with regards to completing the DQ

We could do with some help from you.

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Hi guys

 

Letter today dated 20th October

 

Notice of allocation to fast track.

 

The parties must give standard disclosure by 4 pm on 17th November.

 

Requests for copies and or inspection must be made by 4 pm on 24th November.

 

Lay witness evidence must be exchanged by 4 pm on 29th December.

 

The trial of this claim will take place between 6th February and 24th February 2017 and will take 3 hours.

 

Each party must file a completed pre-trial checklist no later than 12th January 2017.

 

The claimant must lodge at court and serve upon the defendant at least 5 working days before the trial a trial bundle in accordance with cpr 39.5 and accompanying practice direction.

 

The parties may apply to vary,stay or set aside this order in accordance it has cpr 3.3 (5) (6) within 10 days of service of this order.

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  • 2 weeks later...

Hi

Anyone able to point me in the right direction with the above orders please.

 

I know it's 2 weeks away before standard disclosure is required but don't want to leave it until the last minute.

 

Thanks in advance

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Andyorch is best placed to advise Chis, he will pop in as soon as he sees it

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Confused AA99. Subbing ?

 

I understand standard disclosure is done via form n265 or something like that.

 

Where does this form come from as they haven't sent this to me.

 

Once standard disclosure is done I guess then I can request for copies of everything the claimants ave disclosed.

Am I correct.

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Standard disclosure in the Fast Track is done using the N265

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?421287-LEGAL-N265-Standard-Disclosure-**Correct-as-at-Sept-2016**

 

As the defendant you are only expected to complete the section after the signature box

Also list your exhibits you intend using in your witness statement on this form.

 

Andy

We could do with some help from you.

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Thanks Andy

 

Just a few things..

 

I have printed the N265

Just to clarify the first 2 pages will be left blank apart from case details

 

Page 3 will include everything I have to disclose, copy of cca request and their reply, copy of cpr request and proof of postage/signatures.

 

Do I send this to the claimant and the court?

Do I have to include a ws with this or does that come later?

 

Sorry for the questions but the directions are not easy to grasp for someone who doesn't have a clue

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Thanks Andy

 

Just a few things..

 

I have printed the N265

Just to clarify the first 2 pages will be left blank apart from case details Correct

 

Page 3 will include everything I have to disclose, copy of cca request and their reply, copy of cpr request and proof of postage/signatures.Proof of postage is not included..only documents your refer to within your defence /witness statement...your evidence relied upon.

 

Do I send this to the claimant and the court? Claimants Solicitor and the Court

Do I have to include a ws with this or does that come later? What date does it state within your directions for witness statement?

Sorry for the questions but the directions are not easy to grasp for someone who doesn't have a clue

 

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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Hi Andy, thanks for reply

 

The directions don't mention a ws, unless that's what lay witness evidence is, if so it's the 29th December, not really sure though.

Directions are 8 posts above.

Thanks again

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