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    • I see simeon  has several quotes for remedial work and also a report on some of the damage.  They need to be given exhibit/attachment numbers and linked to (16) and (17).  That is simple clerical work, you don't need any legal knowledge to do so.   Obviously the piling receipt has to be linked to (10).   As MiE has pointed out, the total needs to go in (18) and personally I would include the four sub-totals in (18 a b c d).  After all, the court did ask for a properly itemised counterclaim.   If simeon can do the above tomorrow we can then add Andyorch's point about interest at the end.
    • Hi, I’m really scared and nervous to write here, as I’ve never done anything like this before.    I had a telephone DWP compliance interview the other week, when I had the letter I thought I’d been called up at random as I couldn’t think what I’d done wrong.  In 2016 I started an open uni course part time as I was working, however a few months later I suddenly became unwell and was off work a year before finally becoming dismissed. I had to claim ESA while I was still employed as I hadn’t paid enough tax. My mum helped me make the ESA claim over the phone and one of the questions was ‘are you in full time education’ which I replied no to, but we said I had as at the OU part time.  I had to attends job centre visits and told them again about my open uni course, and every year I phoned up for a letter to confirm my ESA for my student fee loan and a part time grant.  The compliance officer is investigating me because I hadn’t declared my studying even though he had it down that I said I was with them. So I’ve had to send in all my information on my student grant which is £1155 a year.  I’m terrified of what is going to happen because I’m sure they had everything down about it all. I’m still claiming ESA for my illness and I’m in the support group, and I’m upset because I’m sure everything was down.  I just wondered if anyone knows what’s going to happen to me.    Best wishes 
    • OK, I've sorted out using the correct terminology to refer to the parties.   The original document was absurdly long and filled with waffle. I reduced it. Then MiE did so further – twice. I've continued on the theme and have merged (13) & (14) as I don't think we need to go into detail of why a £2000 payment because £1500, it'd just confuse the judge.  Feel free to disagree!   I've sorted out the new numbering and references to paragraph numbers.   IMO (16) needs beefing up to explain why the builder disappeared, but simeon seems to not want to explain this properly, so so be it.   Apart from that it looks about ready to go.   Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3300. (See receipt at Attachment1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the Claimant admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Attachment 2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here) in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; and (d)    the cost of the steel beam referred to in para 14 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.
    • The firm's growth halved last year after surging demand during the pandemic.View the full article
    • If you look at your credit file..what debts show that youve not recently paid or not paid in a longtime?   might give a clue?
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Advice needed on Moneyway Car HP debt


tigeress289
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I am looking for advice on Car HP debt during the Coronavirus crisis.

 

I isolated in March 2020 as things were starting to impact as no work and went behind a month on car finance.

Sent the company an email to ask for corona payment holiday but heard nothing back.

Still tried to make payments as and when I could.

 

Received a phone call last night from a recovery company seeking possession but first I have heard of it.

Phoned company straight away and spoke to the most unhelpful person ever.

 

He informed me that I had defaulted and they wanted the vehicle back.

I told them I have received no mail whatsoever but he was adamant that as long as they had sent it that was proof I had received it.

He also stated that they only need to apply to the Court as I defaulted and they could repossess the car without me being allowed to defend myself.

 

The original finance was for £17000 and I still owe £2700 in total.

I cannot believe during this crisis companies can be so confident that the Courts will take their side without no defence.

 

I have double checked and I have received nothing from them for 9 months .

I have only just started using my phone again as I thought we were coming out of the crisis only to be put straight back in.

I found the phone calls to be very threatening.

 

Any advice welcome.   

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Please can you not post your story in a solid block of text. It makes it very difficult to read – especially for people using smaller screens or telephones.

We can help you but you need to present your story in a readable way. Thank you

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done

 

please name names too.

 

iyou have paid more than 1/3rd so under the consumer credit act - HP agreement rules  - the car is deemed protected goods and they cannot simply grab the car without raising a return of goods order through a county court, of which you will be informed and WILL be able to defend, it is NOT simply a rubberstamped exercise they claim.

 

which is why you should NEVER EVER ring anyone.

they will LIE as they have.

 

as for the guy with a flatbed...they are NOT bailiffs and have ZERO legal powers to take the car without your express permission, which you do NOT give.

 

HOWEVER, do NOT leave you car on the public highway. when not is use, park it on your drive...Private Property.

though should they take the car from the public highway, you will entitled to SUE THEM for all your payments back as well as the car FOC.

as they would have voided the consumer credit act they signed with you. 

 

i see you are already well vested in all the above so am a wee bit puzzled why you immediately picked the phone up and not followed you already successful route before in dealing with??

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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Thank you, 

To be honest its been such a bad year and only just started using my mobile again as I let someone use it as its on contract and we just isolated after losing someone very close in June. When I answered the phone it totally threw me and when I phoned the company Moneyway, the guy I spoke to was not listening at all and had an attitude that if they send a letter out to someone, a Court accept that as proof I received it even though I had not.

 

It just caught me by surprise that he could just make an application to the court and they would rubber stamp it with me not being able to represent a defence. He also said they do not respond to emails which also made me doubt myself as the easier way of proving you sent something is by email?

 

I have still been attempting to keep track of payments and the fact there is little left to pay against percentage paid that I had no confidence as I was being spoken to too in such a threatening tone and way.

 

All what you have stated has restored my confidence in help that is out there and can only say a big thank you.

 

I will wait to see what paper work arrives and then post an update. Whilst typing this the recovery company has texted me to see if I contacted Moneyway and I replied I did. The text back says "No problem, as we've provided all the options available and your aware of them I'll ask them to continue with the action and await further instruction."

 

What a piece of work he is? All he said yesterday was do I want to hand the keys back and I should contact Moneyway. 

 

Should I still keep paying the same way I have been doing during this coronavirus?   

 

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moneyway and angliaUK? (i bet) pull this stunt all the time.

text the repo guy back stating :

 

as i have paid over 1/3rd of the agreement, under CCA 1974, the car is deemed protected goods, your client has no legal right without my consent to a voluntary surrender, which i will not agree to, to take the car. They/you require a return of goods order from a county court to remove it, which should your client apply for will be dealt with via a time order. Please be clear that should you repo the car without one,  this will void the HP agreement and i will sue for the return of all my payments and the car or equivalent monetary value under the consumer credit act regulations.

 

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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they are very well known to us.

 

use our search top right

moneyway.

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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  • 10 months later...

Received a court order today but had no idea it was being heard.

It reads as 4 orders

 

1) return of goods/vehicle suspended on payment of agreed sum in monthly instalments.

 

2) Money judgement adjourned generally with liberty to restore.

 

3) The Def pays the Claimants costs within 21 days.

 

4) The Claimant by its servants or agents be permitted to enter premises kept to effect recovery. section 92 of consumer act. 

 

At original hearing claimants lied about amount outstanding and court adjourned. An agreement was reached and monthly monies paid as agreed and only 2 payments left. The order shows as 3 which again shows claimants lied yet again but got this order without me having any knowledge of any hearing as I didn't thing there would be one having stuck 100% to the agreement.

 

I cannot understand the order at all as only £400 outstanding and car valued at £8000.

 

Please any advice Thank you

 

 

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lots missing here..we need the full story AND NAMES

 

so you've moved since you took out the original agreement?

there is noway a return of goods order can be made otherwise by the backdoor.

 

 

 

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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is this:

 

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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  • dx100uk changed the title to Advice needed on Moneyway Car HP debt

Threads merged following extensive pm msg.

please post you update pn msg here as pm advice is not allowed

Helps no_one bar you

Not what cag is about

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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Sorry as this is the continuation of that original thread.

 

On the 3rd August 2021 I received an order from the Court that I should appear in person and seek a suspended order.

 

I attended but the hearing was held using a conference call.

 

The Claimants solicitors did not have all the relevant details of monies paid and mislead the Judge to the point where I stated all monies paid.

 

The Judge adjourned the hearing for 21 days in which time I had to file and serve a witness statement as I had made an offer during the hearing.

 

I did this and the Solicitors agreed to £200 a month as the total outstanding was £1074.14p

 

I have paid 3 payments since and there is a balance left of £430.

 

I then received an order yesterday as laid out as above.

 

I could not believe I was not notified of the hearing and do not understand what the order means as I have stuck to the agreed agreement and in fact will pay in full before due.

 

It also appears I have added costs and 21 days to pay and ask if the 21 days starts from yesterday 29th November when order received?

 

Any help welcome in explaining the order as the section 4 has alarm bells ringing in my ears.

 

Thank you

 

    

 

Just to add Moneyway is now secure bank trust.

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On 08/01/2021 at 17:37, dx100uk said:

moneyway and angliaUK? (i bet) pull this stunt all the time.

text the repo guy back stating :

 

as i have paid over 1/3rd of the agreement, under CCA 1974, the car is deemed protected goods, your client has no legal right without my consent to a voluntary surrender, which i will not agree to, to take the car. They/you require a return of goods order from a county court to remove it, which should your client apply for will be dealt with via a time order. Please be clear that should you repo the car without one,  this will void the HP agreement and i will sue for the return of all my payments and the car or equivalent monetary value under the consumer credit act regulations.

 

dx

 

Moneyway is a trading name of Secure Trust Bank PLC yes.

 

did you ever do as above?

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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Why did you not IMMEDIATLY either come here at the 1st sign of a claim or do the time order then but await a second hearing?

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 done what was suggested which kept the wolfs from the door and continued to pay monies.

 

I was then served with a summons and attended Court but the Judge did not do a time order as the solicitors did not have all the correct payments made to Moneyway .

 

The Judge then adjourned it and I had to send in a witness statement and offer which was accepted and I have been paying the last 3 months with 2 more payments to go.

 

Then this order dropped through the post yesterday as I was totally unaware of a second hearing.

 

That is why I am in a panic as I do not understand the order.

Do I just pay the last 2 payments as before ?

 

But the costs one has only given me 21 days to pay.

 

The claimants solicitors re adjusted the outstanding balance to £1074.14p and accepted my offer of £200  a month.

 

 

Edited by tigeress289
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the judge doesn't do a time order you do.

did you suggest one at all?

 

can you scan up what you have received from the court please to one mass PDF after reading upload

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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Yes I did but the Judge wanted Moneyways solicitors to get all the correct monies paid in order as everything they were quoting was wrong.

 

Thats why he adjourned it I think.

 

I never expected to even be going back to Court having nearly settled the agreement.

 

It feels like the solicitors abused the position.

 

My computer does not connect with my scanner part of printer.

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read upload use your phone camera

 

when was this 1st hearing and you've not moved in recent times have you?

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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No read upload!

pictures are jpg files we want one mass pdf only so only registered members can view them.

 

take clear pictures the pages

download them to your pc then follow upload

redact anything bar dates and figure s that they could use to id you here.

 

mspaint is good for that

then use the 2 sites mentioned to convert to one mass pdf smaller than 4.8Mb

 

you should have sent an sar to moneyway..do it now too!

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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Just send the sar as is by 1st class post in the morning, get a free proof of posting from any po counter.

 

 

 

 you've not moved in recent times have you?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You have not missed a hearing ...the above order is simply a conclusion to the previous hearing of Aug and your submitted statement and now conforms the directions of the claim.

 

1) return of goods/vehicle suspended on payment of agreed sum in monthly instalments.

 

2) Money judgement adjourned generally with liberty to restore. If you default on your payments

 

3) The Def pays the Claimants costs within 21 days. From the date of the order

 

4) The Claimant by its servants or agents be permitted to enter premises kept to effect recovery. section 92 of consumer act. But only if you default on the agreed payments.

 

92 Recovery of possession of goods or land.

(1)Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement.

 

So stick to your agreed remaining payments and arrange payment of their costs...that's the end of the matter.

 

 

Andy.

 

 

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

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A big thank you as the last one number 4 had me worried.

Sent this months payment today so one more left.

On the 21 days to pay costs, is it from date of order or from day received?

The SAR is going tomorrow as going post office first thing.

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