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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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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No end in sight to insurance case being closed


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I was in a car crash in October with my husband and our children, the car was written off and we ended up having to pay the entire years premiums within 7 days. We weren't in the wrong, but the knock on effect of an open claim has left us having to pay higher insurance premiums and we were unable to replace our car for months. I've wrote this in depth, but I can't paste it from here, unless somebody else can. I was just wondering if anyone has had a similar experience and if so, how long did it take until it came to an end?

 

My husband, our children and I were in a car crash in October 2017 after a man decided it would be a good idea to turn his head 90 degrees to the left whilst driving at the national speed limit, going around a corner! We were travelling in the opposite direction to this man, when my husband noticed him. My husband drove us completely off the (county) road, to the left and stopped the car.

 

The man then decided to look at the road he was driving on and noticed us, then his instincts told him to swerve his car, head on into us! We were off the road, there was no other traffic in either direction. The road was clear for him, but he ran his car into us on his right!! He started up his car and tried to drive away, but his car made a crunching sound and stopped him.

 

The police just happened to drive by and it was (we thought) clear who was at fault, but his insurance company is big and ours are small, and someone on the drivers side is denying liability, even though the driver had previously accepted it. Our car was written off, car seats were rendered unsafe and we were faced with an insurance bill of almost £1k, to be paid in 7 days, because apparently, when your car is written off, you need to pay the remaining balance to your insurer and we were 2 weeks into our new insurance cycle.

 

We live in an isolated rural area, a 2-hour drive away from our nearest family and my husband had a 2 hours drive to get to work and back each day. 'Luckily' this happened on my husband's first day of our holiday week, so we had a bit of time to try and sort something out. We eventually got a courtesy car, but it wouldn't accommodate all our family and the cost of replacing the car seats was too high for us to cover. Just the cost of getting a courtesy car cost us a small fortune, having to go back and forth (40+ miles) to the hire company and garage by bus, over 4-5 days. We were foolish to think that this would be resolved easily. We were on the right side of the road, the other driver wasn't, simple right?

 

We were faced with the reality that the £1k we'd just paid the insurers, to pay off our annual car insurance bill, was not going to be finding it's way back to us anytime soon and now Christmas and 2 of our kids' birthdays were here! Credit cards and overdrafts were now needed to do the shopping and we were unable to spend Christmas with our family, which had never happened before. It devastated my parents and the kids' missed spending the day surrounded by all their family, like they'd grown up with. I can't drive and buses don't run here very often, and the cost of getting to the nearest town with the kids is over £20 to get there. I wasn't able to leave the house until January, when we were able to buy another car.

 

We have continued back and forth with the insurance company, but it's now June 2018 and all our money went into paying the insurance company and replacing our car. I can't believe that this is our reality! Our insurance company has told us it's now our word against theirs, and we've been advised to back down, but we weren't in the wrong, so we told them no and that we wanted to fight the decision, but that now means that there's no end in sight and that money we paid, will not be returned until the case is closed.

 

We are unable to have a holiday this year, we haven't had one for years, but we'd saved for the previous few years and all that saving paid the insurers and replaced a previously decent car. The kids don't feel as safe as they did and I don't feel like I can keep them safe anymore. This man is still on the road, driving around our area and that's the worst thing. He's a danger to himself and everyone else.

 

I would really appreciate any help anyone could offer and if anyone knows how long this is likely to go on, that would help greatly.

 

I know there are so many more needy cause on here, we have a house and we have staple foods like pasta, so we're not in as much need as those with ill children, so I don't expect or want funds that could otherwise help those causes. I just wanted to share our story and perhaps make a change to the way these things are dealt with, because our problems are very real.

 

Thank you for reading.

Edited by Andyorch
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Andy

We could do with some help from you.

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What is the name of the insurance company and what did the police say? Do you have a police report?

 

It's not quite clear, are your insurers telling you to admit liability or are they telling you to share liability?

 

Also, what does the other driver say about it? Have you seen his account of the accident?

 

What value are we talking about here? Can you please explain exactly what you are trying to get back

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Without witnesses and no helpful Police report from the officers who were at the scene, you would need to ask yourselves, how you would be able to take this to court ?

 

Everything you have said might be true, but how do you evidence the other driver was 100% at fault ?

 

If you cannot evidence that the other driver was at fault, then you might have to accept a 50/50 outcome.

 

Your Insurers are not going to pay for this to go to a court and if you want to go to court that would be at your expense. But with no evidence, you might not succeed.

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 OTHERS

 

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Without witnesses and no helpful Police report from the officers who were at the scene, you would need to ask yourselves, how you would be able to take this to court ?

 

Everything you have said might be true, but how do you evidence the other driver was 100% at fault ?

 

If you cannot evidence that the other driver was at fault, then you might have to accept a 50/50 outcome.

 

Your Insurers are not going to pay for this to go to a court and if you want to go to court that would be at your expense. But with no evidence, you might not succeed.

 

I think that's a given.

 

Let's see what the OP has to say about police reports on the other side' s story. We also need to know the value to see what is at stake.

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The other driver's drawing of the result of the crash, mirror's ours - with him on the wrong side of the road, clearly pushing our car further off road.

 

We were paid for the value of our car, but this was eaten into by the cost of having to pay a years insurance in 7 days, so we weren't able to buy a replacement car that would accommodate our family for months. My husband still needed a car to get to work, so we had to buy a small car to get him to work and the insurance was sky high, because of this unresolved crash outcome. My husband had over 20 years no-claims and we were now faced with another insurance premium, higher than our previous car. When we got our current car in January, we had the same problem.

 

Our insurance provider refused to replace our 5 car seats, that were all occupied during the crash and at over £200 each to replace them, we couldn't do that either. They said we had to claim from the other side once the initial case is closed, but they want us to accept 50/50.

 

We had a police officer at the scene that heard the driver admit liability, but we've since been told that this is admissible as people say things they don't mean at the scene.

 

We had legal protection on our insurance policy, as we bought through a broker.

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Who told you this is not admissible? Do you have the collar number of the police officer? This admission is extremely helpful indeed.

 

I don't quite understand because you say that you would pay for the value of your car and yet you are paid for the seats. You really are going to have to explain this and I don't think many people fully understand the fact that you have been paid for a car without seats???

 

Presumably you had a fully comprehensive policy and your insurer paid you for the value of your car. Have you seen the written reports from the other driver?

 

Did you take any photographs at the time? Have you got any photographs now of the road? Please could you put up the drawing that you have in PDF format

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OP, it's hearsay and it is admissible in evidence. You could put it in your own statement if you heard it. and if the police heard it, another statement would be required from them.

 

Do you know if your insurers have obtained a police report? This has already been asked and if you don't know, you need to ask your insurer. If the police officer heard the admission, it might be in the written report (if there is one). Interviewing a police officer for the purposes of an insurance claim is something that some police forces charge for, and your insurer may not be willing to pay for this. Ultimately, if you want the officer to give evidence, the reality of it is that it's unlikely to happen...that's why you need a copy of the police report.

 

BF, I think the OP meant child car seats that their own insurer wouldn't pay for.

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Well I wish she would engage with this thread and say so.

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We had a police officer at the scene that heard the driver admit liability, but we've since been told that this is admissible as people say things they don't mean at the scene.

 

 

I think there is some confusion in that. If the police at the scene heard it then it's definitely admissible providing the police officer included it in his report at the time (nor is it hearsay evidence if that is the case).

 

 

What the person who told you this may have in mind is that apologies or offers to pay the cost of repairs or similar at the scene of an accident are not to be taken as admissions of negligence [s2 Compensation Act 2006]. Whether this is relevant will depend on exactly what the other driver said. Was it an admission of negligence or something else? Even an admission of negligence isn't conclusive proof of liability. As you say, people may admit to things which aren't true or accurate at the scene. But any statement is still admissible, it's up to the judge to decide what weight to attach to it.

 

 

Depending how much money is involved you should maybe consult a solicitor.

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Bank fodder, I find your tone, incredibly unhelpful. People have other things going on in their lives and you may want to consider that in future.

 

I have been trying to reply, but kept getting logged out.

 

A car seat as in the things you buy from a shop for children, not the actual seats of a car. I assumed that was clear.

 

Apologies to everyone who has followed this thread and tried to help, but this isn't actually the hardest part of my life right now and has turned sour, so I shall be removing myself and finding help elsewhere.

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Fair enough. I hope you manage to sort it out

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