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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)  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      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.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like

DBR solo account vs lloyds ****WON****


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Hi all,

 

Here are my dates thus far for my solo account:

DPA sent 2nd Oct - Statements recieved 31st Oct

Prelim sent 16th Nov - answered 28th Nov big fat no

LBA sent 4th Dec - no reply

 

So now doing my MCOL..

 

At step 5 - claim amounts - is it the total with interest or without interest?

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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Its ok, i found out myself!

 

 

Its WITH interest in case anyone else is interested!!!

 

(now how can i add to my own reputation...! ;) )

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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OH! Just thought of another question...

 

When do i need to send the schedule of charges???

 

Also. When I do send it, it will probably be after today, so the interest will be slightly higher... ? is this a problem,

 

1 - do i print out the schedule as of the date i filed my claim?

2 - do i print out the schedule as of the dat i send it to them?

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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Hi

If you do the following:

 

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

Dear Sir/Madam

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

 

 

Send the same letter to the Solicitors when they acknowledge your claim.

 

Good luck!:)

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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  • 3 weeks later...
  • 2 weeks later...

Well, today should be the day, and theres nothing in the post from SCM nor on momeyclaim online... Is it close of play today they will do something, or sould I have recieved something today in the post?

 

(this seems to be taken foreve-e-e-e-e-errrrr!)

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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Served 15th Jan, acknowledged 16th - they got til 12th Feb to put thier defence in - yay!

12th Feb is right isnt it? 28 days after the date it was served???

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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Can someone PLEASE read????

Ok... today is the 13th...

Nothing has arrived at home (bearing inmind i work away during the week, but my boyf says there isnt)

There is nothing on the MCOL.

Im checking my paperwork as i type.

The notice of issue says my claim was deemed served on 15th January.

The defendent has til 29th Jan to reply.

They replied with an acknowledgement on 16th Jan which says on it that judgement may be entered against them if they didnt file a defence within 28 days after service.

The 28th day was yesterday...?

Im confused. Why is it so quiet?

 

Does this mean i have won????

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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Lloyds always leave until the last minute and then it takes around a week (depending on how busy and efficient they are) for the court to issue you with the defence and AQ.#

 

If say after week to 10 days you have heard nothing then give the court a call.

 

Anyway for the AQ completion see here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Unfortunately have not won (yet).

If I have been helpful please click on my star and add a comment.

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Lloyds always leave until the last minute and then it takes around a week (depending on how busy and efficient they are) for the court to issue you with the defence and AQ.#

 

If say after week to 10 days you have heard nothing then give the court a call.

 

Anyway for the AQ completion see here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

 

Unfortunately have not won (yet).

NNNNNNOOOOooOOOOOooO!!!

 

How come they can get away with pratting on like this!?!?!

 

They've got to play ball, play by the rules!?!? Its not on!

 

Why can they get away with being so rude as to not even go by the correct dates? Surely, surley, LTSB cant get an important document from the court saying "you have 28 days to comply" and then read it as "you have 28 days to submit a defence and then some, say an extra week"? Thats NOT ON!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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Hypothetically speaking, what would happen if i clicked on the "start judgement" bit on my mcol...? would the court look down unfavourably 'pon me, as if I'd not allowed LtSB enought time and throw me out? Surely Id be well within my right, theyve had 28 whole days to submit a defence, thats what they wanted, and they havnt. Theyre too late?

 

(like i say, just a thought, not going to jeopardise anything by doing so)

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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After the overwhelming response to all my questions, Ive found this on MCOL helpfiles and am just confused even further.

Q. I am entering judgment by default but a message comes up stating you cannot enter judgment by default at this time, why does it say this?

 

A. This is because the defendant's time for filing a response has not yet passed. If their deadline fell on a weekend or bank holiday they are given the next working day to respond. It may also be because the defendant has filed an acknowledgement of service, which gives them an extra 14 days to respond.

I have been reading the faqs on here, Ive bought and read over and over the small claimspack, and Ive read all the notes on stuff sent to and from the courts thus far, but my head is still battered. Please can someone just answer me...

 

My claim was served 15th Jan

It was acknowledged 16th Jan

 

Therefore is Lloydstsb's deadline for

a) 12th Feb (15th Jan claim issued date +28 days)

b) 13th Feb (16th Jan claim acknowledged date +28 days)

c) 26th Feb (15th Jan claim issued date +28 days+14 days because they acknowledged)

d) 27th Feb (15th Jan claim acknowledged date +28 days+14 days because they acknowledged)

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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option a)

Why don't you ring MCOL, chances are LTSB are entering a defence any minute now.

Barty:)

I just got off the phone to MCOL, you must have written this as i was speaking!

 

She said I can go ahead and start a judgement by default, but - like you say... if LTSB file a defence within the next 48 hours, then they have to accept that defence. A part of me is hoping and hoping theyre far too busy to keep up with thier own tactics and the 48 hours will pass them by :D

 

*DBR trots off to MCOL website*

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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GGGRRRR!!!!

 

Defence

You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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With Lloyds, getting judgement in default in not really the answer, in fact I consider that it slows down the entire process, as all Lloyds will do is apply to get it set aside; which they are usually successful with.

If I have been helpful please click on my star and add a comment.

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With Lloyds, getting judgement in default in not really the answer, in fact I consider that it slows down the entire process, as all Lloyds will do is apply to get it set aside; which they are usually successful with.

I suppose this is why they dont submit thier defence til after the 28th day then, on purpose. Its just taking the p1ss really.

 

The whole thing is a just a mess on. Why dont the small claim courts say 30 days instead of saying 28 days :confused: (oh and if you like, we'll give you an extra 48 hours coz you 28 just obviously isnt enough for you)?

 

Surely LTSB mustrealise I'm not giving up here, if ive come so far. Its costing them money in added interest, added fees and added costs that thier solicitors department are writing them...

 

I reckon they are going to use this to be honest. When the time comes and the ruling is made that its all illegal, LTSB will turn around and say "Now we are going to have to charge you to bank with us.

Look, all you good people out there that ran your accounts in order, you will PAY for these people. Look how much they cost us / you when they fought the fight to get back thier charges, and now, we have to pass it on to you...

Ive already heard those holier than thou types winge at me for going through this process "Well, if you kept your bank in order blah blah, it will be the end of free banking for all of us I'm afraid blah, Blah, BLAH"

 

ARGH! :-x:mad: :-x

 

Rant over, frustration not.

[/b]

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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