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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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MONEYBARN - THREAT TO REPOSSESS CAR


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Hi All,

 

Grateful for any views or advice. 

 

I have had a HP car loan with Moneybarn over a 5-year period. 

 

At the start of Lockdown 1 I lost my work (self-employed trainer) pretty much overnight and have struggled to keep head above water subsequently.  I am just about surviving but have been unable to make the last few payments on the loan.  In total I have paid £22,000, and owe just £2500 to clear the arrangement.  Moneybarn are now threatening to terminate the agreement and repossess the car.

 

My question is can they do this? 

Having paid the vast proportion of the loan off, I was under the impression that in effect I own the car and that although they might take me to court for the remainder, they can't actually repossess because the balance of the asset (the car) is mine.

 

However, I may be completely wrong that!  Any help gratefully appreciated.

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no they can't... after 1/3rd payment the car (the goods) becomes protected goods

they would need a return of goods order from a court to do so and no judge would allow that to happen once he received your proposals for the payment of the remaining sums due.

 

should they take the car without one, then they would void the whole agreement and you would be entitled to all you payments back to date and the car for free, or suitable recompense for the value of today.

 

sadly as you'll read here if you type in moneybarn in our search top right of the red banner

you'll see they make the rules up as they go along and have been fined and castigated numerous times by their regulators for such actions toward customers

 

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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either write to them outlining your payment proposals and DO IT without awaiting their permission or OK.

or which might be the better option...

get a time order done and dusted.

that nails MB firmly in their box

 

whatever you do don't converse on the phone as they will LIE.

everything from now on in writing by royal mail only bothways.

 

have they sent a default notice to date?

.

 

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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On 11/03/2021 at 14:42, dx100uk said:

have they sent a default notice to date?

 

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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  • 2 weeks later...

Yes- they have sent a default notice.  It's a comprehensive document and it dies set out all their potential options, including the possibility of refunding me all of my money, which I do not believe!

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and what have YOU done since you came here is more the point now.

 

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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Share on other sites

Emailed them several times looking for a copy of the contract, making an offer of payment, asked for a payment break as per their own published policy.  No response yet, funnily enough.  Next step is to bang in the time order as advised in this forum.

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you mean hp agreement, 

good as long as you are on top of them and keep to what you have said you'll pay and when..you don't need their permission just do it

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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