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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.
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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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Cinch car purchase


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I purchased a ford fiesta from Cazoo in April of this year for me to use for work purposes. I am a driving instructor and collected the car on Sunday 24/4/22. The company booked to fit the vehicle with dual controls came to carry out the work on Thursday 28/4/22. Unfortunately, they were not able to fit the controls as they discovered when checking, that the car had previously been fitted with dual controls, which had been removed very badly. The retaining bolts and dual control unit had been ripped out, instead of being carefully unbolted, damaging the floor pan in the process. This subsequently made the fitting of new controls impossible. I was within the 7 day “return” period so did exactly that.

 

Once I had received my refund, I saw a car on Cinch (which I have since purchased for £10,850 49,000 miles) and decided to call customer services to enquire if this car had previously been fitted with dual controls. I was anxious to avoid the same scenario. I explained to the man what had happened with Cazoo, but he said they were not able to check the car. He assured me that they undertake a 225-point quality control check and that they would not sell me a car that was not fit for purpose. Therefore, I subsequently purchased the car and collected it on 6/6/22, driving it home. New dual controls were scheduled to be fitted on 14/6/22. On commencing the job, I was informed by the fitter that this car had in fact also previously been fitted with dual controls, which had fortunately this time been removed with more care. There was one remaining broken bolt which he had to grind down and an extra hole in the floor pan which he had to fill, but he completed the job satisfactorily with no major problems.

 

I had a pupil with a driving test on 20/6/22 who felt it would be too late to familiarise herself with the new car. She asked if she could take her test in my older fiesta. The next day I started to use the car purchased from Cinch (one day after the 14 day return option had expired). I did approx 170 miles over the next two and half days. On the last lesson we were looking at hill starts and timing approach to hilly junctions, using clutch control, for the first time since buying this car. The car made the most incredibly loud howling noise (the clutch) while carrying out this exercise, so I terminated the lesson, got the pupil home, cancelled all remaining lessons.

 

I  called Cinch. The lady I spoke to was very pleasant and helpful, agreed that I should not be experiencing a problem that serious after such little use, but that I would need to follow procedure and call the Warranty company Ramp the following Monday which I did. Poor response by Ramp if I’m honest, told I’m not covered as I use the car for financial gain (for example driving instruction), referring me back to the terms and conditions and advising I call Cinch customer services. I made that call the same day and was greeted by a different lady who in a very down beat tone said all I can really do is get a vat registered garage to do a diagnostic check at my expense, but the chances of Cinch being able to do anything to help were really nothing they could guarantee.

 

To bring you up to date, I took the car to a garage same day, but they could not recreate the sound. Its going into the garage again next monday for the air con to be sorted and they are going to check it again. The fiesta I’ve had from new before buying this, has over 176,000 miles on the clock, over a 6-year period and still has the original clutch without ever having a problem. For this clutch to do what it did following around 170 miles of driving tells me it has very likely been abused before I purchased it.

 

The logbook states this vehicle has only had one previous owner, who we now know to be someone who was using it for instruction in a driving school setting. 

During the run up to actual purchase the Cinch website states the vehicle comes with a 3 month warranty. At no point prior to the actual purchase does it mention any exclusions (eg: the financial gain clause). Given the above information, I just don't find it acceptable to decline warranty on a driving instructors car which has been used for less than 3 days, when they were clearly quite happy to sell me the vehicle which has been used as a driving school car for 5 years. 

 

I’ve since discovered other faults:

·         The air conditioning unit is blowing out hot air.

·         There are severe deep scratches in the plastic trim either side of the rear seats.

·         The front passenger window struggles (but eventually manages) to go fully up and down.

·         There is a loose and broken part in the engine which has been secured with string..

·         The front seat runners are both damaged making it difficult to enable smooth and straight adjustment of the seating position for occupants.

 

 I'm not sure what I can and can't do so would be grateful for any advice before going any further:

 

Many thanks.

 

Richard

 

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if you are within 30 days you can return the car for a full refund under your consumer rights as its not fit for purpose.

forget any stupid warranties , arent worth the paper they are written on and do not remove or change your consumer rights.

 

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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then they have one chance to repair all the issues, if they fail then you can demand a refund 

 

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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nope

but examples are in the numerous threads in this very same forum as you started yours in. 

 

 

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...

 

Would something like this be suitable?

Also could you confirm if the clock stops on the "30 day" rule from the initial phone call I made or would it be from something more official like this letter?

 

Many Thanks.

 

 

 

[Your address and contact number]

[Company/supplier’s address]

[Date]

 

Dear Sir/Madam,

[Reference: contract number]

On [date], I [bought/placed an order for] a [item] and received it on [date]. I have discovered that the [item] has the following problem: [add details].

The Consumer Rights Act makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. 

As you are in breach of contract, I am entitled to have the [item] [repaired/replaced] and I would request that you confirm you will do this within the 14 days from the date of this letter.

I also require you to confirm whether you will arrange for the [item] to be collected or will reimburse me for the cost of returning it.

I look forward to receiving your satisfactory proposals for settlement of my claim within seven days of the date of this letter.

Yours sincerely,

[Your name]

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we can all google to a site and copy and paste..

 

NO>

 

read a few thread on this site in this same sub forum as you started your thread in.. so you know what to put regarding a vehicle 

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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Thanks DX,

 

Sorry I totally get what you are saying, I just meant from wording point of view in relation to the legal bits. I would have built around those bits with the full story.

 

I've read extensively some of the experiences of others and I keep seeing that at the end of the day these companies are experts at avoiding the issues. I realise I could end up with a car being held in one of their garages for months on end with no real resolution. A scenario like that will definitely affect business and would just wind me up even more.

 

As much as it hurts, I've decided I'm probably better off forking out for a new clutch, fixing the other issues, then giving them a bad review on trustpilot. 

 

Many thanks for the advice again, it is very much appreciated.

I'll let you know if the review results in any response.

 

Regards,

 

Richard.

 

 

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