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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.    
    • 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.

      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.
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      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

capquest cca CitiCard non compliance please help


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hi,

i sent to capquest for my cca on 8/1/07 for a debt they purchased from citicard

 

 

i received a reply from them on 12/1/07 saying account would be placed on hold for 28 days whilst they obtain the required information,

 

 

i received a further letter today 10/2/07 stating they have requested this info directly from citicard and are awaiting a response,

and will contact me within 28days, as they have purchased the debt from citicard

(confimed by letter and s.a.r and the letter sent from them states DEBT PURCHASED FROM: CITICARD)

 

 

they are now the creditiors so should they not have bought the cca and rights of assignment from citicard

when the debt was sold to them and not need to contact citi as the debt is no longer citis problem?

 

please anybody help

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It is pretty typical that these companies buy the debt without a copy of the

original agreement. However they will have a deed of assignment-it's just

that it is not part of a CCA requirement.

 

As it stands, Capquest are already in default as they should have sent the documents by the 26th January. They will have committed a criminal offence if they still haven't delivered by the 27th February.

 

So just keep quiet and let them commit the offence. Once that's done, they require a Court Order to reinstate the debt. they will be unlikely to do that

since they first face being charged with the offence and a large fine [probably more than your debt].

 

So just keep quiet, retain all correspondence and hope they do not produce

the required items by the end of this month.

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Hi

My Wife Has Received A Threatening Phone Call From Ruthbridge Over A Citicard Debt That Was Purchased First By Dlc And Now Ruthbridge, Sent Dlc Cca Request On 16th Jan No Reply So Obviously Didnt Have It And They Have Then Sold The Debt On To Ruthbridge What Can You Do About It? Do I Have To Resend Cca Request To These Arrogant Horrible People

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Hi

My Wife Has Received A Threatening Phone Call From Ruthbridge Over A Citicard Debt That Was Purchased First By Dlc And Now Ruthbridge, Sent Dlc Cca Request On 16th Jan No Reply So Obviously Didnt Have It And They Have Then Sold The Debt On To Ruthbridge What Can You Do About It? Do I Have To Resend Cca Request To These Arrogant Horrible People

 

Yes - are you caliming back charges on this?

Consumer Health Forums - where you can discuss any health or relationship matters.

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no we havent claimed back charges,

 

I would suggest that you send off an S.A.R - (Subject Access Request) to Citi and work out how much these are, and start the reclaiming process, but be aware that Citi make it a long old slog to reclaim from them - see here http://www.consumeractiongroup.co.uk/forum/citicards/

 

but in the majority of the cases the charges have been approx 75% of the debt.

 

should i make ruth bridge aware of the fact dlc failed to supply cca request? and can DCAs not just keep passing these debts around once they receive a cca request to avoid complying

thanks

 

Up to you really - but they do keep on passing the info on to other DCA's. I would ask the creditor direct for the agreement - if they don't have it then no one can collect the debt!

Consumer Health Forums - where you can discuss any health or relationship matters.

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i wrote to capquest informing them of their non compliance (12 + 30 days) got a letter this morning saying

 

CAPQUEST DEBT RECOVERY

ACCOUNT NO *****************

DEBT PURCHASED FROM CITICARD

 

WE THANK YOU FOR YOUR CORRESPONDENCE.

 

PLEASE FIND RETURNED YOUR £1.00 FEE FOR A COPY OF AGREEMENT REQUEST WHICH WE HAVE BEEN UNABLE TO OBTAIN FROM CITICARD.

 

PLEASE BE ADVISED THAT ABOVE ACCOUNT IS IN THE PROCESS OF BEING RETURNED TO CITICARD

 

as they have purchased the debt which this clearly states and also states the same on my citi statements when i got my SAR it surely no longer has anything to do with citi. Also my experian file states capquest issued a default on the account is this legal?

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i'm having the same problem with other DCAs.

 

it seems to be that when confronted they use this excuse of sending back to the creditor to get out of it.

 

i don't think banks sell the debts for pennies and then buy them back if the DCA wants it, that is a no-win situation for the DCA and risky for the bank.

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keep us updated!

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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  • 2 weeks later...

You must not stand for the default being registered with credit reference agencies.

 

Write Capquest a LBA demanding they remove the illegal default notice within 14 days. When they don't comply (and they won't ) you have a number of options 1) written complaint to Information Commisioner 2) Court Action- file an N1 stating default is unsubstantiated and claim compensation for distress. If they do not have CCA which they don't, they haven't a leg to stand on....You could also write to Experian but in my experience this is the least effective option.

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