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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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      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.  

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    • 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.

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suing a company as they have not fulfilled their obligations - have i won?


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suing a company as they have not fulfilled their obligations

 

claim issued on 1/11/06

 

acknowledged by defendant on 6/11/06

 

today is 21/11/06 but nothing has been entered as a defence on moneyclaims website

 

have i won?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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There should be an option to click on MCOL to request a default judgement.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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nope there isnt anything

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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sorry my mistake - they have 28 days to answer, not 14 - popped my cork to quickly....

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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i am currently suing a company that i asked to perform an inspection/road test on an M3 EVO that i bought on ebay - claim is at the 'acknowledged' stage and has been since 6/11/06

 

i had prevously used them without a problem, so i stumped up a colossal £274 which paid for an engineers report and a road test. the engineer phoned me and said that he had found a huge problem, being a coolant leak when the cooling system was under pressure. the vendor assured me that there was no leak, and that the engineer hadnt sealed the cooling system properly, causing a leak under pressure.

 

the engineer said he would complete the road test after repairs had been done, but i would have to pay an extra £137 for the road test, which (unbelieveably) i paid. the vendor was admant that there was no leak, so i decided to drive to birmingham and have the car tested at a BMW main dealer. surprise surprise no leak. i asked for a refund on the £137 and for the engineer to be sent out free of charge. i got a refund but was charged £30 for the privilige. they also said that they wouldnt send out the engineer

 

so.......i have paid £307 for a full engineers report and a road test, none of which i have recieved. i wrote to them but their reply suggested that i had fixed the fault myself before the BMW test, which left me fuming.

 

 

what do you think will happen in court?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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I think that if they try to use that as a defence, they'll have to be able to prove that you could do so. Could you?

 

I also think that you want to ask BMW if they'll provide a copy of their findings. If there had been a "huge oil leak", there'll be traces remaining around where the leak is supposed to have occurred, congealed drips,run-offs, that kind of things. In fact, I suggest you take lots and lots of pictures of the offending area as well, as soon as possible.

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bookworm - i have a copy of BMWs report that says there is no leak, also i am sure that BMW would be able to tell if the coolant system had recently had any new parts.

 

i was going to leave it but when they accused me of fixing the problem myself i hit the roof

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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well they have until 4/12/06 to file a defence

 

incidentally, the car comes highly recommended - if you can you should :D

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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not mine - its a hand-built masterpiece

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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well they have filed a defence and the case will be moved to the local court - i will let u know what happens

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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yes i will when i recieve it, no problemo

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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recieved defence and Allocation Questionnaire today - whats the best way to post it on here? scan it?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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AQ hand delivered to court today, i have found a scanner (!), just need to set it up....

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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right cant scan it so here it is:

 

i am XXXX employed as a customer service manager by XXXX

 

we offer vehicle inspections and prepare condition reports for prospective purchasers

 

our service is subject to T's and C's

 

our vehicle inspections are purely visual and no dismantling takes place. the inspection does not carry any guarantee or warranty and none is implied

 

on 30th may 2006 we took a booking to inspect a BMW M3 EVOLUTION reg XXXXX. the inspection costs £274 for a 133 point inspection. payment was made via credit card

 

our engineer was allocated to inspect the car

 

our engineer completed the inspection on 1st june 2006. the inspection was incomplete insofar as the road test had not been undertaken as the engineer reported a serious leak to the cooling system

 

our T's and C's specifically deal with incidents of this nature:

a road test will not be carried out if our engineer deems the car as unsafe or unroadworthy

 

Mr XXXX contacted us on 5th June 2006 concerning the fact that the road test was not completed. he was advised that a re-inspection charge of 50% (£137) would be required for this (this is our normal practice). whilst Mr XXXX raised concerns in an email dated 5th june 2006 concerning the inspection fee, he subsequently accepted and paid the fee, and was advised that the matter was not being treated as a complaint at this time. Mr XXXX was advised that the car should be repaired before the road test can be done.

 

at 4.30pm on 6th june 2006 Mr XXXXrang to cancel the further inspection. he was advised that a fee of £30 would be retained for administration. our normal cancellation fee is £70(!!!!!!!!!!) as identified within our T's and C's

 

on 1st august 2006 i recieved a notification of a complaint from Mr XXXX which was dated 5th july 2006 regarding the inspection service we had carried out. the complaint concerned the fact that we were unable to carry out a road test due to the vehicle being unroadworthy and our cancellation fee of £30 which was levied when Mr XXXX cancelled the re-inspection.

 

an acknowledgement of the complaint was sent to Mr XXXX on 3rd august 2006

 

our engineer was sent a copy of the complaint and supplied his own statement

 

we have had no further contact with Mr XXXX until the issue of the county court claim dated 1st november 2006

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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So, let me get this straight:

 

They're stating in their defence, that they

a) charged you full whack for an inspection they did not complete,

b) charged you a further fee for completing the inspection,

c) charged you more for NOT completing the inspection?

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ha ha ha i didnt think of it in that way - in my wifes words, its a joke

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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  • 2 weeks later...

here is a copy of the original letter that i sent:

 

Dear sir/madam

 

I am writing to you to express my disgust at the way I have been treated by your company. I recently applied for a vehicle check costing £274. the inspector carried out the test but was unable to complete the road test as he thought he had found a serious water leak when checking the water pressure. He told me to contact the office to arrange a retest, once the water leak had been fixed. I did this, only to be charged a further £137 for a future road test, even though I had already paid for one that had not been done. I contacted the vendor who assured me that the car had no leak, and urged me to get it checked independently. I contacted your offices again to cancel the road test and to get a refund on the £137, which was given to me. However you charged me a cancellation fee of £30, (bear in mind this means I have paid £304 for 2 road tests that have not been carried out).

 

The car was taken to Ryedale BMW in Birmingham and a water pressure test was done at a cost of £50 (copy included). No leak was detected, meaning your engineer had made a mistake, which I wont crucify him for however I take exception to the fact that I have to pay for someone else’s error. Your greedy company provided no help at all, instead you insisted on charging me extra at every turn.

 

Do not seek to blame the engineer, he only made a mistake. The real fault lies with your policy on ripping people off. As a result I want a full refund for:

 

Vehicle test £274

Road test cancellation fee £30

Ryedale water pressure test £50

Travel expenses to Birmingham from and Manchester, and vice versa £30

Total £387

 

If you don’t refund me I will contact my credit card company for a chargeback, as I have a report from you stating that the full vehicle test can’t be done due to a water leak, and I have a statement from BMW saying there is NO water leak. This means you have not provided the service that I have paid for.

 

 

Please respond within 7 days.

 

Regards

 

itsamomentintime

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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I've got a feeling that you won't get the full amount back - you'll probably be awarded the £30 and £137 as thats what they deem a road test to be worth (and is the only part not carried out). Did you receive the report about the condition of the car without roadtest? If so you have had some value from the report.

 

Good Luck anyway

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why do you think i would get £137? they already refunded that you see

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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