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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
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MCOL help not being paid for job ***Settled in Full***


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Hi everyone. 

My husband works as a carpenter as second job and changed the locks for a business but didn't get paid.

It's only £87 and he sent many emails to them to no avail.

They're refusing to pay because a few days later another employee lost the keys again and my husband couldn't attend, so they called another carpenter and got charged £350.

How's that my husband fault is a mystery. 

I am filling the mcol for him but when I did mine with your help (thank you again), I remember submitting evidence and timeline.

This time the mcol is only asking for a brief description of the claim.

Do I remember incorrectly?

When do you submit the evidence?

After they defend the claim? (If they defend it)

 

Thanks.

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You have to prepare Particulars of Claim which indeed will be very brief.

However, judges don't take kindly to court cases being started before chances to settle the matter are exhausted.  Has you husband sent them a formal Letter of Claim?

We could do with some help from you.

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Yes, he did.

He gave them 14 days to pay and today is day 15.

They're adamant that because he couldn't attend the second time, he's at fault for the other carpenter charging a lot of money.

Go figure that out.

My husband charged a fair price so he's supposedly obliged to attend any time they need a carpenter to save them money.

Madness.

I bet they haven't paid the other carpenter either.

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Posted (edited)

Well, fine, they can argue that in front of a judge.

Please post up a draft of your PoCs.

They will be very brief, just mention the work he carried out, when, where, etc., and that he hasn't been paid despite numerous reminders.

In fact the PoCs have to be brief as there is a word limit on MCOL.

EDIT - from the MCOL guide -

The POC are restricted to 24 lines of 45 characters and a total of 1080 characters. If you type more than this the last part of your text will not appear on the claim. Please be aware that the website will only accept the following punctuation; full stop, comma, pound signs

Edited by FTMDave
Extra info added

We could do with some help from you.

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On 19th February 2024 the Claimant agreed to replace the locks on the front door of the premises occupied by the Defendant for the sum of £87.

This job was completed to the Defendant's satisfaction. 

The Claimant invoiced the Defendant on the same day but to date payment has not been received despite numerous requests from the Claimant. 

The Defendant has stated that they do not intend to pay.

The Claimant requested payment of £87.

So, my memory is failing me.

For some reasons I remember submitting a timeline of events and evidence in my case.

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The PoCs look damn perfect to me, and well within the MCOL limit.

However, given that 24 hours will change nothing, hang on a day in case others have comments.  My experience on CAG is more with the defence sort of stuff for private parking cases.

There is no need for a timeline of events or evidence at this stage.

We could do with some help from you.

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Thanks.

I wait.

They would be stupid to defend.

The owner even sent a message to my husband thanking him for the good job at a good price.

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I don't think the line about the intent to pay really matters but as you're well within the MCOL limit just leave it in.

If you were close that would be the first thing to go.

Maybe mention how the invoice and payment reminders were sent?

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 OTHER

 

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are you using moneyclaimonline online site/form or a paper claimform and MCOL?

the new 1st one asks more questions further down the online form.

if not and a paperclaim form, then your other info will be part of your witness statement later in the process .

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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Posted (edited)

use the new money claims site! Its so much better and gets further faster.

 

Its all online until hearing date. No multiple months wait for allocation like the old one.

 

The one with evidence is the new one, it seems your trying to use the old one.

Edited by jk2054

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Posted (edited)

https://www.moneyclaims.service.gov.uk/

 

The one your using is the old slow one where things spend months to get allocated!

Edited by jk2054

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As no-one is disagreeing with your PoCs, then go for it!

You could even stick the boot in 😉

On 19th February 2024 the Claimant agreed to replace the locks on the front door of the premises occupied by the Defendant for the sum of £87.

This job was completed to the Defendant's satisfaction.  The Defendant even sent the Claimant a message thanking him for the good job at a good price.

The Claimant invoiced the Defendant on the same day but to date payment has not been received despite numerous requests from the Claimant. 

The Defendant has stated that they do not intend to pay.

The Claimant requested payment of £87.

  • Thanks 1

We could do with some help from you.

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On a less silly note the last line should be in the present tense -

The Claimant claims payment of £87.

 

  • Thanks 1

We could do with some help from you.

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Personally I think your husband is in the wrong.

It's his fault this company's employees can't look after keys properly, plus that it rained over the Easter weekend and to boot that my football team completely dominated their game today, hitting the woodwork twice, yet the match finished 0-0.

He has a lot to answer for.

😅

  • Haha 1

We could do with some help from you.

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The One I posted is faster.

 

Yes you have to issue a warrant by paper but that takes one email and one working day.

 

It gets throughj to trial faster than MCOL.

 

You can use whichervr you prefer Im just helping you with which one is fastest

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  • 3 weeks later...

They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy.

My husband has text messages about them losing the keys a second time and also an email.

What do they hope to achieve???

Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?

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No, reading the guidance online it says to wait for a letter from the court.

Should I wait or submit the directions?

BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?

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Yes, await the Directions Questionnaire from the court.

No, the Directions Questionnaire is just a short form and leads to the case being transferred from MCOL/CCBC to your local court.  If you Google "Form N180" you can see a blank copy on government web pages.

  • Thanks 1

We could do with some help from you.

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3 hours ago, Lorenz said:

Should I wait or submit the directions? Directions Questionnaire N180

BTW, I assume that the directions are a longer version of the particular of claim accompanied by evidence, correct?

You mean your witness statement 

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 OTHER

 

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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