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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • 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.
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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.

      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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SPML/LMC anyone claimed for mis selling and unfair charges?


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Hi all just been reading a few of the posts here ,i have had a interest only mortgage for 4 yrs approx ,and slipped into arrears when i lost my job ,found another one really quick but had charges and threatening letters off them for at least 2 yrs ,i have caught up and made my last (i thought ) payment to them to get back into normal mortgage repayments last month ,they have been trying to phone me this morning and with these people the only reason they phone you is arrears ,i did check with them last month and said this payment is the last isn't it i will then be upto date and he said yes you will be fully upto date .so now im worried i almost lost this house and dont wantto go thru the stress and worry again ,i explained to them about my wages etc going in on the 23rd of every month and so cant pay it any earlier or later than that and will pay on that day every month they weren't happy with it but had to accept it , the main thing im asking is this can i get the charges back as there is a loaad of them prob something like a thousand .

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Who wrote the link for the FOS? Yes, it took a while but everything was laid on the table, including the information supplied by the other party.

 

Having been to court on numerous occasions, and had all evidence and information brushed aside, any other alternative is worth looking at. When a judge asks you what a budget sheet is ..you just know they aren't living in the same world. And you are paying them to say that!

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I have just had a dispute with Barclays about the charges made on my mortgage account for "arrears fees" and they have been told by the FOS to refund them plus interest for the past 4 years. It has taken a year but worth it in the end and I had a letter from the FOS giving a full explanation of the decision. They were very fair but you have to be prepared for a long wait to get a decision.

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The main complaints seem to be that it's under-resourced and takes too long. Is it any wonder when everyone has been encouraged to go through the claim route for diddly squat and small change? Yes, it's the principal but still leaves more urgent cases in a queue. I wanted fairness and not a compensation payout as something for nothing.

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  • 2 weeks later...

For the diggers out there: With the compliments of Law-now.

 

We’re all in it together – the Lehmans client money appeal judgement

 

The Court of Appeal has handed down its judgement relating to how the Administrators of Lehman Brothers International (Europe) (“LBIE”) should distribute the client money that LBIE held at the point at which it went into administration.

 

Client money is money that belongs to a client but is held for safekeeping by an investment firm on behalf of the client under a statutory trust, for example in order to enable the provision of brokerage, trading or portfolio management services by the firm. The issue at hand was that whilst LBIE was required, under the FSA’s rules, to segregate client money from its own money, it consistently failed to do so, resulting in a shortfall in the client money pool available for distribution by the Administrators. In addition, one of the banks with which LBIE held US$1bn of client money for safekeeping has also become insolvent, thereby further increasing this deficit. Finally, the FSA’s client money rules did not appear to offer an unambiguous procedure for dealing with these issues.

 

The Court of Appeal judgement overturns the previous High Court judgement on some significant points.

 

The outcome of the Court of Appeal judgement is that the Administrators are now required to include in the client money pool for distribution any traceable client money (whether or not it was segregated) and distribute it amongst all the clients that had a contractual entitlement to have their money segregated (whether or not LBIE had actually done so, and including LBIE’s affiliates), pro rata in accordance with their respective contractual entitlements (which would need to be shown to exist).

 

Whilst this may appear at the outset to give effect to the intention of the FSA’s rules – that all clients share rateably in any shortfall on the failure of a firm - this judgement may have important consequences in terms of investor protection. Notably, when compared to the High Court decision, the entitlements in the remaining client money pool for clients whose client money was actually segregated would now be significantly diluted by the entitlements of clients whose client money was not segregated (but should have been), including LBIE’s affiliates. The judgement also poses significant practical difficulties for the Administrator in locating, allocating, and distributing the remaining client money – administration distributions for clients (and for unsecured creditors) are likely to be delayed further. It also further clarifies the extent of a firm’s trustee obligations when handling client money under the FSA’s ‘alternative approach’.

 

For further information, please contact:

 

Ash Saluja

London

+44 (0) 207 367 2734

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Hi all, it seems i am not the only one who is sick of these jokers i have come here for some much needed advice and really hoping that you all you knowledgeable folk can help me

 

A quick little recap from me i took out a secured loan with LMC around 6 years ago now for £12,000 my redemption figure is around £15k:mad:

The loan was a joint secured loan to which my paartner at the time was only supposed to be included for her income and was not intitially supposed to be on the loan.

After querying this with the LMC and the broker who dealt with the loan they assured me that she was not on the loan and was onlky there for financial assesment but still needed to sign.

Naieve of me i know i didnt think that secured loan could be taken out by people who are not on the original mortgage i.e my ex partner.

I now am aware of the joint and severable liable thing, 3 and a half years ago i asked LMC for a payment date change the second payment change of the term of the loan.

They asked for proff of date for the payment change i.e my wage slip which i gave them, in total i have given them this info 5 times and still 3 years later still no payment change.:-x

So my loan is due on the 12th and i pay thme on the 28th for the last 3 years i have paid them late through no fault of my own.

I was also sold PPI from the broker i became ill a few years ago and asked if i was still covered apparently my PPI only lasted 18 months and was charged 3.5k for the privelage:-x

 

All in all a shoddy company the loan has since been transfered to capstone mortgages i am in a position now to pay my loan off in full but i was wondering if i had soem recourse to claim back the surely thousands of pounds worth of charges levied on my account.

 

Whats the best way to go about sorting these jokers out once and for all.

 

Also i have briefly read about a barclays accoutn number yesterday i recieved a letter saying i was in arrears but i paid them a few weeks ago by bank transfer to an account of barclays so why have they not recieved my payment below i sthe sort code and account number i ahve been paying into

 

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Any help would be great

 

Regards

 

Lambert

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this company never ceases to amaze me, a few months ago i agreed to pay £40 towards my arrears each month and have been maintaining payments each month or so i though until i received a letter telling me of court action for £xxxx amount, so i rung capstone up and spoke to them, they agreed i had been paying the arrears payment until 3 months ago when they say that i not sent in my insurance renewal so they set up their own and consequently the arrears money has been going towards the payment of this, this i was not told about so now they are threatening me with court action for this.

every time i sent the cheque for the mortgage and arrears and in the letter put the cheque includes the amount £40 towards arrears and never have heard anything so i presumed all was well which it was not. they want me to give them all my incoming and outgoings to see what i can afford to pay. i have told them that the agreement i had was the most i could pay, they want me to still pay for the insurance because they have not received any details from me.

a lot of the arrears are made up of charges,the last 3 months alone they have put 3 charges of nearly £300 in total,

i spoke to them on friday and the outcome was they want me give them my incoming and outgoing expenditure details which i am to say the least unhappy about as i gave them to them very early in the year to set this arrangement up, and because of their incompitence i have to endure all this hassle again

any advise would be appreciated

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Necessary to take undertake diligence

– establish control – identify issues

Establish occupation and basis NB Do

Not accept rent unless clear on the basis

on which it is offered.

1) Residents occupation rights cannot be

excluded due to the Protection From

Eviction Act.

2) Confi rm any planning consents and

building regulations approvals claimed

if not available then this will change the

security.

3) Health Safety and Environmental issues

could fall on receivers.

4) Insurance

• Facilitating Procedures

• Due Diligence – checking powers

– appreciating limits of powers

• Terms In Documentation i.e. person to

include power to borrow this should be

implied but it’s to make clear purpose.

Receiver should get comfort from

 

appointee. Get legal advice.

Situations preferring fi xed charge receiver

over administrator or n (res) {;});" href="http://www.consumerforums.com" rel=nofollow target=_blank>adminlink3.gif receiver

• Capital Gains Tax – Not an expense and

therefore liability of borrower.

• Rates – Expense under administration but

fi xed charged receivers not liable

• Remuneration fi xed charged receivers

have 5% limit or ? as agreed

• Defi nition of adminlink3.gif receiver appointed over

substantially whole of assets of company

may be appointed by holder of debenture

or debenture is secured by a charge.

adminlink3.gif receivers only over companies

not individuals. Also can be over fl oating

charge which fi xed charge receivers

cannot stop.

1) Concern of only Asset Company and

floating charge pre 15th September

2003 (Enterprise Act). No known case

of fixed charged receiver having been

found to be Administrative Receiver.

2) If there is a chance that a fixed

charge receivership has become an

administrative receivership

A) If a debenture or separate fixed

charge then the appointment is under

the fixed charge

B) Appointment document makes clear

the appointment as a fixed charged

receiver only.

• Check validity of appointment and

power to get delivery of documentation.

Dissolution of companies from

administration rather than liquidation,

which would require consent of crown.

• Interaction with Directors

Director’s powers frozen over charged asset

Free to deal with non charged assets i.e.

apply for planning permission

Land Registry Issues

Issues on jointly owned property (two or

more individuals)

Statement of borrowers of joint beneficial

ownership

Get lender to transfer as mortgagee not in

possession.

Removal of unilateral notices.

With unilateral notices transfers mortgagee

would over ride. May need removal by

agreement or application to court for

removal.

Goods left on premises may be subject to

Tort (Interference with Goods) Act 1977

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Anyone ?????

Hi all, it seems i am not the only one who is sick of these jokers i have come here for some much needed advice and really hoping that you all you knowledgeable folk can help me

 

A quick little recap from me i took out a secured loan with LMC around 6 years ago now for £12,000 my redemption figure is around £15k:mad:

The loan was a joint secured loan to which my paartner at the time was only supposed to be included for her income and was not intitially supposed to be on the loan.

After querying this with the LMC and the broker who dealt with the loan they assured me that she was not on the loan and was onlky there for financial assesment but still needed to sign.

Naieve of me i know i didnt think that secured loan could be taken out by people who are not on the original mortgage i.e my ex partner.

I now am aware of the joint and severable liable thing, 3 and a half years ago i asked LMC for a payment date change the second payment change of the term of the loan.

They asked for proff of date for the payment change i.e my wage slip which i gave them, in total i have given them this info 5 times and still 3 years later still no payment change.:-x

So my loan is due on the 12th and i pay thme on the 28th for the last 3 years i have paid them late through no fault of my own.

I was also sold PPI from the broker i became ill a few years ago and asked if i was still covered apparently my PPI only lasted 18 months and was charged 3.5k for the privelage:-x

 

All in all a shoddy company the loan has since been transfered to capstone mortgages i am in a position now to pay my loan off in full but i was wondering if i had soem recourse to claim back the surely thousands of pounds worth of charges levied on my account.

 

Whats the best way to go about sorting these jokers out once and for all.

 

Also i have briefly read about a barclays accoutn number yesterday i recieved a letter saying i was in arrears but i paid them a few weeks ago by bank transfer to an account of barclays so why have they not recieved my payment below i sthe sort code and account number i ahve been paying into

 

 

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Any help would be great

 

Regards

 

Lambert

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No links unless prev agreed please.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Please Read..it is all true! I have evidence that SPML do not own my mortgage.

 

 

Excellent LD Make sure anyone who is or about to enter litigation has a copy of this info In fact I suggest it is added to the forum as a well placed sticky

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Lambert, they are always claiming that payments have not been made when thay have. I always pay them in the Bank to I get a paying-in stub stamped by the bank. You must get the Bank to quote your reference number because if this isn't done, SPML will use it as an excuse for not receiving the payment. They eventually find the missing payment, but in the meanwhile they have charged an extra week's or so interest and they never refund that. They will do anything to create arrears on your account so they can use that as the reason for a repossession.

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