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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.    
    • 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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PRA GROUP claim form - old provident loan 'debt'***Claim Discontinued***


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Court date set for 10th March, still not heard anything from PRA

 

Will they just bring anything they do have as proof to the actual hearing?

 

I'm reading other threads to try to work out what my defense will entail

 

Thanks for your help everyone.

 

You have complied with the court directions LL...standard disclosure and witness statement and submitted and served in preparation for trial ?

 

Andy

We could do with some help from you.

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wont be going anywhere without paperwork..

just remind me this was a doorstep loan..

 

ah yes it is..

 

they'll never get the payment book the agent used.

 

without that they're stuffed

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 have complied with the court directions LL...standard disclosure and witness statement and submitted and served in preparation for trial ?

 

Andy

 

Court directions yes,

 

The rest I don't know what it is, that's why I'm asking what I need.

 

I'll find out as much as I can tomorrow from the courts

 

Thankyou for your help

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so what were the courts directions....

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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Perhaps post a copy of your witness statement here and your disclosure list.....for future reference and to assist others LL.#

 

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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What are a disclosure list & witness statement please?

 

All I've done is put in the defense before christmas, not heard anything since 3rd January when I received a letter saying the applicant needed to pay the fee by 10th January or the case would be removed from case list. Not heard from PRA or the courts since.

 

The lady advisor at the courts told me that there's a full claim hearing set for 27th March, not sure why I had the earlier date in my mind.

 

She's sending me out a copy of the court letter so I'll have the information again of when witness statement needs to be in etc..

 

So I'm now waiting for the letter to see what I've missed & what to do next.

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Witness statements were due by 10th January, this included the written statements of themselves & any witnesses (if any)

 

Witness statements must

 

(a) start with the name of the case & claim number

(b) state the full name & address of the person making the statement

© set out that persons evidence clearly & in numbered paragraphs on numbered pages

(d) end with this paragraph : "I believe the facts stated in this winess statement are true "

(e) be signed & dated by the person making the statement

 

Mediation Directions

 

Having considered the papers, the court believes that your case is suitable for mediation.

 

Will I still be able to put in a witness statement & apologise to the judge & ask if they will please accept it being late? I know they'll bring it up & wont be happy about it, but is there a chance they'll accept it? Has anyone done this in the past?

 

I have no clue what my statement should say even. Think I've completely messed this up.

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If you have not received the claimants witness statement and disclosures which were due 10th Jan..then its a fair assumption they will be ditching this claim.....as they like you have also failed to comply with the directions.

 

Ring the court again tomorrow and ask if they have paid the hearing fee..if they haven't then its definitely a ditch.

 

No point drafting your WS until you know the above....as the court should just strike out the claim

We could do with some help from you.

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Yes they did eventually pay the fee, the advisor told me when she told me the hearing is set for 27th March.

 

I have received nothing from the claimaint apart from acknowledging the requests & postal order sent asking for copies.

 

I am still waiting for mediation to reply they have until tomorrow according to their automated response, so if there's no email by midday, I'll ring them up & ask when can they arrange mediation. It's 21 days before the hearing so hopefully they can slot it in.

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Check with the court if they have filed their WS and Disclosures with the Court.....by the the 10th Jan..if not ask them to put a note in the file to bar their evidence.

We could do with some help from you.

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The directions state the hearing fee should be paid by 29th December 2016, I then received a letter from the court which stated the claimant had until 10th January to pay the fee or it would be struck out.

 

I haven't been told when they paid, just that it was paid, so the claimants haven't complied with the courts directions twice with paying the fee before 29th December 2016 & witness statements also. I have only missed the one, I know that's also bad but at least it's only once not twice.

 

I'm already suffering with panic attacks & anxiety without this added stress of this case. I'm dreading this.

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Well once you find out if they have submitted them to court and just not served you or neither...then you can soon file a witness statement tomorrow...then you have complied.

We could do with some help from you.

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They haven't done anything. There's nothing been received since the payment was due by 10th Jan & they have paid that.

 

She even asked me where I got the information from that witness statements were due by the 10th Jan as it doesnt say that on the file, only that the claimant had to pay fees by the 10th Jan.

 

She said she couldn't put a note on the file, it doesn't work that way.

 

 

I have to write an application to the court & pay a fee, & know exactly what it is I'm asking the court to do, explaining clearly what I'm asking for.

 

So what do I need to write in this witness statement?

 

Is it that I've asked them for proof of the alledged debt, original copies of the details with my signature & examples of the letters I've sent them but received no response?

 

Sorry I forgot, she also said to me it depends on whether I want it to go to court or not.

I don't know what she was getting at as I thought I have no choice in the matter.

 

 

They are taking me to court claiming I owe that amount & I have to defend it.

 

Mediation said: Your contact details have been added to the court records, at the present time there has been no contact from the Claimant.

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You said 10th Jan in your post above ?

 

 

" Witness statements were due by 10th January, this included the written statements of themselves & any witnesses (if any)

 

Witness statements must

 

(a) start with the name of the case & claim number

(b) state the full name & address of the person making the statement

© set out that persons evidence clearly & in numbered paragraphs on numbered pages

(d) end with this paragraph : "I believe the facts stated in this winess statement are true "

(e) be signed & dated by the person making the statement "

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Yes thats what the letter I have received from court says, but the advisor says theres nothing on the system.

 

I'm following what this letter says as its just my luck if I dont it will suddenly appear on the system in the future.

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Absolutely.....I sense that there may be errors in procedure with this claim....

 

Court staff are not legally trained to advise what to do...so disregard her advice.....she can put a note on the system.....parties are not expected to make application and pay £100 everytime they want something recorded or brought to the courts attention.

 

I will post you an example witness statement shortly...its an example only as witness statements are your statement in your words in support of your defence..but you will get the idea.

We could do with some help from you.

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you said

..I then received a letterlink3.gif from the court which stated the claimant had until 10th January to pay the fee or it would be struck out.

was it just about the fee, or were there any directions included about statements.

can you revisit that letter, and if needs be scan it up.

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Absolutely.....I sense that there may be errors in procedure with this claim....

 

Court staff are not legally trained to advise what to do...so disregard her advice.....she can put a note on the system.....parties are not expected to make application and pay £100 everytime they want something recorded or brought to the courts attention.

 

I will post you an example witness statement shortly...its an example only as witness statements are your statement in your words in support of your defence..but you will get the idea.

 

 

Thank you

 

you said

was it just about the fee, or were there any directions included about statements.

can you revisit that letter, and if needs be scan it up.

 

Thanks for reply.

 

Purely only about the fee needing to be paid as the directions letter from December stated it had to be paid by 29th Dec.

 

Yes I can put it on if needed.

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you said the letter said fee by 10th jan.

where then do you get the directions re wit statements by the 10th Jan?

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Received Court letter stating Notice of Allocation to the Small Claims Track (Hearing) dated 13 December 2016

 

It is ordered that:

 

It covers

 

Allocation

Hearing date

Hearing fee

Witness statements

Mediation directions

 

It also ends dated 8 December 2016

 

They didn't pay the fee by 29th December 2016.

 

I then received a letter from the court stating General Form of Judgement or Order dated 3 January 2017

 

It is ordered that

 

Unless the Claimant do pay by 2.00pm on 10th January 2017 the hearing fee or file a properly completed application for exemption or remission from fees then the claim be struck out & the trial hearing will be removed from the Court list.

 

This order having been made of the Court's own initiative a party by this Order may (i) apply to reinstate the claim on payment of the fee &/or (ii) apply to have the order set aside varied or pursuant to Civil Procedure Rule 3.3(5) &/or Civil Procedure Rule 3.6 provided that such application must be made to the Court within 7 days after the date on which the Order was served.

 

Dated 3 January 2017

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nothing to do with having to file/serve statements by 10th jan then.

therefore, the normal timeline rules apply re. you're still in time by the looks.

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- Witness statements

 

By 10th January, 2017 each party must send to the court & to every other party copies of all documents upon which that party intends to rely at the hearing. This includes the written statements of themselves & of any other witnesses (if any).

 

Witness statements must

 

a) start with the name of the case & the claim number

b) state the full name & address of the person making the statement

c) set out that persons evidence clearly & in numbered paragraphs on numbered pages

d) end with this paragraph : "I believe the facts stated in this witness statement are true"

e) be signed & dated by the person making the statement

 

Then it goes to

 

- MEDIATION DIRECTIONS

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ok

why didn't you just post that all up in full before when i originally asked!!

if neither party has complied, then both might get away with being late re

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Received Court letter stating Notice of Allocation to the Small Claims Track (Hearing) dated 13 December 2016

 

It is ordered that:

 

It covers

 

Allocation

Hearing date

Hearing fee

Witness statements

Mediation directions

 

It also ends dated 8 December 2016

 

They didn't pay the fee by 29th December 2016.

 

I then received a letter from the court stating General Form of Judgement or Order dated 3 January 2017

 

It is ordered that

 

Unless the Claimant do pay by 2.00pm on 10th January 2017 the hearing fee or file a properly completed application for exemption or remission from fees then the claim be struck out & the trial hearing will be removed from the Court list.

 

This order having been made of the Court's own initiative a party by this Order may (i) apply to reinstate the claim on payment of the fee &/or (ii) apply to have the order set aside varied or pursuant to Civil Procedure Rule 3.3(5) &/or Civil Procedure Rule 3.6 provided that such application must be made to the Court within 7 days after the date on which the Order was served.

 

Dated 3 January 2017

 

So you did get a Notice of Allocation...or is that the one you requested last week?

We could do with some help from you.

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ok

why didn't you just post that all up in full before when i originally asked!!

if neither party has complied, then both might get away with being late re

 

I posted that the ws were due 10th Jan 2017 in post 68 & asked for advice on whether or not this has in the past been any cases where defendants are able to put in late apologising & the court allows it.

 

Then again in post 82 I posted that I received Court letter stating Notice of Allocation to the small claimslink3.gif Track (Hearing) dated 13 December 2016

& 8 December that covers Witness statements in the paragraphs under 'It is ordered that'

 

I don't know why you are questioning whether or not they were due in January, I'm late for ws & that's fact. I've had to type up the exact wording as you questioned why it was due then. I only know what I have received from the courts.

 

So you did get a Notice of Allocation...or is that the one you requested last week?

 

I received it but was dealing with my child custody court case at the time so I put in the defense that you helped me with, but then focused on my custody case as more important.

 

I somehow misplaced it, so I requested another copy. So now I know exactly what I've missed with the time schedules.

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