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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.  

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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.

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chathe v natwest - court stage


chathe
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I am claiming £3909 plus court fees from Natwest.

 

I sent the first letter on 22 November and was offered £309 which I refused.

 

I sent the letter before action on 5 December and received a standard "bear with us" response.

 

On 14 December I started my online claim using Moneyclaim.gov.uk.

 

33 days later, on 17 January, I had not heard anything from NatWest or Cobbetts so I entered a judgement by default against my claim. But Cobbetts had (apparently simultaneously!) got in there with a defence, so my judgement by default was overruled by their defence.

 

So I received the letter from Cobbetts that same day, on 17 January asking for the CPR 18 blah blah... wrote back immediately telling them I thought they were intimidating me but enclosed the full schedule of charges anyway.

 

I have still not received my Allocation Questionnaire, which I was expecting to arrive on the same day as the Cobbetts defence letter, but I have just called the Moneyclaim service desk who tell me that it was sent on 17 January and that they send them second class so I should expect it tomorrow. I then have 14 days to send it back (I am sincerely hoping that it arrives when it should as I am going on a three-week holiday on Thursday and won't be able to progress my claim!).

 

Also, according to the very helpful lady at Moneyclaim, the courts are currently taking around a month to process the AQs and set a court date.

 

Hope this is helpful to anyone else in my position. I know a risk is involved but I am fully prepared to go to court as I firmly believe I will win. :) It's going to be worth all the trouble!!

 

Also, thanks to everyone on this site. Reading about all your experiences has left me feeling inspired and encouraged - it can feel sometimes like you're all on your own, but there are hundreds (thousands?!) of like-minded people out there and it's so nice to know you can ask for help whenever I need it!

 

Will keep you posted...

chathe

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hi chathe,

 

I concur, and I have been dealing with the court direct.

 

Both Natwests' and my AQ were received by the court on the due date of 08th Jan and I still have not herd a dickie-bird!!!

 

I rang them this afternoon, and have been advised by the court clerk that I should receive my court bundle by this time next week, if not the following:eek:

 

Apparently, poor 'ole jugdy, is a bit snowed under!!!!!:D

 

Good luck, oh, and have a lovely holiday.

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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xxx

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Thanks Muggins! Looks like you're 10 days or so ahead of me so I'll keep checking out your progress. Well, when I'm not sunning myself on a beach in South America... ;)

 

chathexx

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Thanks for that, I am now being sick with jealousy;)

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Thanks for that, I am now being sick with jealousy;)

 

Perhaps when your claim is settled you'll be able to treat yourself to a nice holiday too.........something I could definately do with!! :rolleyes:

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Let the fun commence and the smell of sweet banknotes prevail!!!!!:p

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Well it took me a day longer than i expected to get everything together but I am just about to send the AQ off to the court, along with my cheque for £100.

 

At the last minute I also decided to include a covering letter to the court entitled "Claimant's response to the request for further information" as posted here. It's an extremely well written letter which I tweaked slightly to reflect my own circumstances - I recommend it to anyone unsure of what to say in their covering letter.

 

As I'm about to go on holiday (sorry muggins, don't mean to rub it in!) I filled in the dates I can't attend court in section F of the Allocation Questionnaire.

 

I have taken copies of EVERYTHING, from my very first letter to the bank, to the Allocation Questionnaire, so that if I do have to go to court I have a record of every bit of correspondence. In a weird way I'm kind of hoping for a court hearing, such is my confidence I'll win!!

 

So now I think I can go on holiday knowing it is all taken care of - as far as it can be anyway! - and hoping that I will return to a nice big cheque on the doormat.

 

chathe x

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you go girl!!!

 

Holiday, rub it in, I'm not frothing at the mouth, honest:D

 

Have a wonderful time and make sure you don't forgt to put plenty of sunblock on, especially on the places the sun doesn't ofter reach!!!!!

 

Fingers crossed that you'll have a lovely chq on the doorstep when you get home.

 

muggs xx

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Hello,

 

Writing this from a tiny town in northern Argentina so don{t have much time to look for the answer to my question - so any help gratefully received!

 

I left my sister with int}structions to open any post from Natwest or Cobbetts while I was away. The day I left Blighty she texted me to let me know they are offering me 3192 quid straight into my account. It{s not a bad offer but I am owed another grand on top of that so I don{t want to accept it, I am going to hold out for the full amount. My question is simnply, do I need to write back to them to refuse their offer or can I just ignore it until I get back from holiday? It would be easier to do the latter! Apparently they gave me eight weeks to accept, and I{m back home in three.

 

Thanks

chathe x

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Hello you from a tiny town in northern Argentina, from a cold person on the southcoast of Britain:D

My instinct tells me, 'bugger 'em', and let them wait until you get back from sunning yourself, but then me thinks that if there is any chance your sister can respond, then Natwest should get their fingers out alot quicker and hopefully offer you a less lame amount? That's my opinion anyways.

Have fun, missing you already:p

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Hi Muggins and thanks - I sort of thought the same but just needed reassurance! It´s weird being on the other side of the world and trying to keep track of the claim (is it sad that I am doing so?! Hope not!).

 

Turns out the letter from NatWest offering 3192 quid was dated 12 Jan, four days before they put in a defence (funny how I didn´t get it till well afterwards!). But since then there has also been a letter from Cobbetts dated 24 Jan (day before I went away) saying "we don´t think you´ll win in court but we´ll offer you 2000 quid to go away". Their offer expires today and obviously there´s no way I can get a letter of refusal to them today. So I just want to check, I don´t need to answer to anyone but the court do I?

 

Thanks

chathe

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Hi chathe,

absolutely correct, hun, just the court.

You are not obliged to respond to Natwests offers, it is just courtesy...but seeing as though you are on the other side of the world, then no matter;)

 

Do yourself a big favour and sit back and enjoy the rest of your time in Argentina, and for pity-sake stop worrying about the damn court claim!!!!

Chat to you when you get home..sunbathe, sunbathe and sunbathe some more!!!!

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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  • 4 weeks later...

Won! Received my cheque from NatWest this morning - they paid the exact amount I was claiming (so I didn't get the £300-odd that I paid for court charges, but still!). Thanks a billion to muggins and everyone else for your advice, you're all utter legends.

 

Advice to anyone else confused or intimidated by the whole process: STICK WITH IT! Don't be intimidated by their jargony letters, follow the process outlined in the website, use the templates and you can scare them right back! Ha!

 

Cheers

Chathe xx

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