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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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    • Hello,

      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.
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      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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Erudio Claimform - Old Student Loans - poss Statute Barred.


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the judge cant do that if you respond as told too

they have till xx date to file their skeleton, then you have to 7 days to retort it.

you'll be doing that by the looks of things so the judge cant complain.

job done and free!

 

just relax.

 

dx

 

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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I have dropped an email to the judge just to clarify if the next hearing is purely about their application for summary judgement or whether it will be a ruling on the whole case.

Nurselayer v Natwest - Settled in Full :D

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I've had an email from the court telling me it's inappropriate for the judge to speak to me out of court so that clears nothing up at all.

I'm wondering if I can fit "Vigilantibus non dormientibus seccurit lex" into any argument to repudiate any skeleton argument that they may put forward? In particular with regard to Maritius Shipping v Employment Relations Tribunal where I believe that the court ruled that whilst within time, the application had not been made sufficiently promptly?

I've still not amended my defence, although now I finally have the right forms. Do I need to put in the exact details if I amend my defence or can I just say something like "Due to not adhering to the requirements of the Consumer Credit Act this debt is unrecoverable"?

I'll be honest, this is affecting me hugely. I'm full of anxiety, I'm losing sleep about it and having this hanging over me is really affecting my life. 

Nurselayer v Natwest - Settled in Full :D

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Looks to me you cannot do anything until you receive their skeleton argument for you to do a rebuttal. 

 

Have you received the direction order from the court yet saying when the claimant has to send their skeleton argument to you?

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I still haven't received anything from the court.

 

Talking of which, should I advise the court of dates that I'm unavailable for?

What happens if they schedule the hearing for a date when I'm away?

 

Nurselayer v Natwest - Settled in Full :D

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  • 3 months later...

Open 

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Hi folks, got a new hearing date of 30th October.

Have there been any new Doyle/Hart developments in the last few months? I have searched the forum but couldn't see anything relevant.

 

Nurselayer v Natwest - Settled in Full :D

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not that ive seen.

dx

 

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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  • 1 month later...

Hi folks,

Not to be too paranoid, but I'm a month away from the hearing date and there's stuff that I'd rather Drydens didn't know about the case that I'm going to put to the court.

I would imagine that if I put up specific details on here about what's been happening with my case to date it'd be easy for them to work out which case they refer to.  Please reassure me that this is very unlikely.

 

Nurselayer v Natwest - Settled in Full :D

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in a nutshell so what?

we've never seen a case of posted stuff anon on a forum being used at a defendant losing.

dx

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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Ok, here's where I'm at. 

Spoke to a free law advice clinic and they advised me to ask Drydens to consent to an amendment to my defence.  Wrote out the defence and a draft consent order and sent it to them with a deadline to reply. Got no response. Emailed them on the deadline day and got no response.

Got an N244 form and filled it in, sent it to both Drydens and Erudio but when I took it to the court I found that the court had closed 5 minutes before I got there.

Just as I was about to go to the court the next morning I got an email from them saying that they had signed the consent order.  The received date of the email was 6 days after the deadline I'd set.

The following day, when they must have received the N244 forms, my amended defence, and a claim for costs, I got an email saying that they would be fighting the N244 as they had replied to my email in time - they enclosed a copy of an email that was dated 6 days before I actually received it...it's almost as if they had just manually changed the date.

They also said that they'd replied in writing but to an "old" address - even though the address for reply had been clearly put on the form and has been the one that they've been sending all previous correspondence relating to the court case to. 

Funnily enough, I've not received this reply in writing, even though I have access to post at that address.  It's almost as if they had realised that I was going to go through with this and then were trying to backdate everything to make it look as if they had replied in time. 

No matter, I was able to tell them that I had fortunately not submitted the N244 to court and would instead submit the consent order.  They also offered a response to my amended defence and an offer to settle in advance of the court case.

They have accepted that they have been served with the Amended Defence and today I received a copy of the order from the court allowing it. I shall be sending this onto Drydens and Erudio on Monday morning.

I am minded to make an offer to settle in advance of the case.  I have a figure in mind that would be worth paying simply for my peace of mind. I would appreciate your input on how to make this Without Prejudice offer.

I'm fairly convinced that I will win at court but the amount that I'm going to offer, if accepted which I doubt it will be, is small enough that I can afford to pay it and won't even cover their initial court fee.  It would purely save me having to attend court and it would mean that this isn't hanging over me for another month. 

 

Nurselayer v Natwest - Settled in Full :D

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i  would concur they appear to be on the back foot, as it stands with all you've been through, it would not have dragged on so far if drydens were so sure of their stance. they would have forced it through, they didnt..speaks volumes.

dx

 

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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So, say a case was stayed and then the solicitors submitted an N244 asking for an order that: 

1) For the defence to be struck out, and/or
2) Summary Judgement on the whole claim; and
3) A costs order against the defendant

But made no statement about requesting the stay be lifted, would that mean that they had done it wrong?


Scratch that...they made the request in the witness statement.

Nurselayer v Natwest - Settled in Full :D

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:classic_cool: Ideally there should be directions attached to the application what the application is requesting.

 

 

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Does there have to be a reason for a delay for them to apply to lift a stay? 

I can see that there if a) the defence is that the amount has been paid or b) if it is not defended or admitted then the claimant MUST submit a reason for the delay, but I can't see where it deals with this if a defence has been submitted?

 

Nurselayer v Natwest - Settled in Full :D

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The longer a claim is left stayed the more a legitimate genuine reason is required as to why when making said application. A judge would question why a claim was issued initially if the claimant wasn't ready to proceed once a defence was submitted and then make consideration whether to allow the application to proceed.

Claims have been issued in the past simply to stop the limitations clock and park the debt to stop it ever becoming statute barred.

Of course visa versa a defendant can make application to lift the stay (although unlikely) knowing that the claimant is not fully prepared to proceed with its claim for various reasons.

Stayed claims normally fall of the system after 3 years but I have seen older resurrected.

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I understand that, but from what I understand under Part 15 of the CPR link here - 

It says that in cases of a claim where either the amount has been admitted or not defended, or where it is claimed that the amount has been paid the claimant MUST submit a reason for the delay.  I can't see where it deals with claims where any other defence has been submitted.  I think the wording of "MUST" is important, which is why I'm asking.

 

Edited by Nurselayer

Nurselayer v Natwest - Settled in Full :D

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On 09/10/2023 at 12:44, Nurselayer said:

MUST claimants declare the reason for a delay in their application for a stay to be lifted where a defence has been submitted?

Yes I've already previously stated. There cant be a stay if a defence has been filed unless the claimant didn't respond to proceed or one or either party have made an application to stay the claim.

 

 

.

 

 

.

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Ok, but there was a stay on my case after a defence was filed.  Here's the timeline - 

Early Jan 2020 Court proceedings issued against me through MCOL
Late Jan 2020 Defence Submitted
Then nothing happened and the case was posted as "stayed" on MCOL.
Then suddenly in June 2022 they applied for a lift on the stay.

Shouldn't the case have been struck out after they didn't respond to the defence after Jan 2020?

If you go back and look at Post 80 in this thread you can see me asking about it back in 2020...I think it's on Page 3.


 

Edited by Nurselayer

Nurselayer v Natwest - Settled in Full :D

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That's only 2 years 5 months delay as per initial post I have seen stays in place up to 5 years then the claimant successfully applied (with reason) to lift the stay.

15 minutes ago, Nurselayer said:

Shouldn't the case have been struck out after they didn't respond to the defence after Jan 2020? No

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In your last post you said that "There cant be a stay if a defence has been filed."  

Can you direct me to where is says that they "MUST" give a reason for a delay where a defence has been filed?  


This would be very helpful if I can quote it in my WS when I go to court.

 

Nurselayer v Natwest - Settled in Full :D

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