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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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Solicitors Letter Received


nannamoon1
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God this CCJ is getting so confusing:confused:

 

Was about to post the letter that looingforinfo drafted for me.....

 

Ok I thought that I would give the County Court a call to see if I could be sent any paper work for the so called CCJ that I am paying to GPB Solicitors £7 monthly and have been for the last 14 years.

 

I have been told by the court that they would not have any records of the CCJ and they were not computerised back then so all the paperwork would have been destroyed.

 

I told her that I was still paying the CCJ to GPB and they had no paper work either and surly as the debt still had an O/S balance someone must have records. she replied "well we do not have any records going back that far"

 

I asked her what would happen then if I just stoped paying...she "replied that they could not take me back to court as I had already been" I believe that this is not true. please advise

 

Anyway what do I do now GPB appear to have no records and have wrote to Next Retail to see if they have a copy of the Agreement, but as stated in their letter, this is unlikley. GPB state that my contractual liability has been embodied in a Judgement since November 1993, but it appears at present nobody can produce any paperwork.....HELP

 

lookingforinfo, do I send your letter or is there another letter worded differently that I should send.:D

 

Its a good job I am off work at the moment after having a operation on my knee.;)

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Gizmo,

 

Ok do I wait for the 12 days to expire which i believe is today to ask for proof of the CCJ or shall I wait the further month. Is lookinforino's first letter ok to send?

 

All I do not want to happen with this one is to be taken back to court, as my credit file is clear.

 

Do I keep paying the £7 per month to GPB or do I stop?

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Another q... If the court can't even find the CCJ details... how can it be enforced if payments were to stop ?

 

Depends if the DCA have a copy of it or not - which they probably don't.

I would ask them to supply all docs they have including the alledged CCj and statments and go from there - if they can't produce anyhting and you have been paying for a long time probably more than you ever owed - how can they enforce it anyhow?

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

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I will send a letter today and see what happens.

 

I told myself that I would not come on here until this evening, this place is so addictive, and such nice helpful peeps.

 

Thank you for all you help, much appreciated, back later

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Gizmo, I am not sure that we are talking about the same thing here about ccjs.

A ccj shows on ones file for six years. Thereafter, it is removed from ones

credit file. Once a ccj has been established, you will be unable to dispute that there is a debt but you can dispute the amount. And if the ccj is more than six years old then it may require an order from the Court to enforce the debt.

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Try this

 

Dear Sirs,

 

Re your claim xxxxx

Thankyou for your letter dated 14th February.

I am at a loss though to understand their contents. I have been assured that

no ccj has ever been applied to my debt. I would point out also that under

the Limitations Act 1980, that even had one been applied, it would have

expired some eight years ago. Under the Data Protection Act 1998, the

Sixth Principle states that no personal data should be kept longer than is necessary. So are you saying that you are in breach of that Principle, and if

not, then surely the original agreement should also be in existence.

 

I have asked you to comply with my CCA request. The Act does allow you

not to produce the documents if the debt has been satisfied s77[3]. No such

allowance is noted in the case of an expired ccj.

 

In any event, it has just come to my attention that I am able to challenge

the contract whether a ccj exists or not, and for that reason I do require

sight of the document.

 

Yours Faithfully,

 

...................

 

lookingforinfo

 

I am about to sent this letter you kindly drafted for me, is this one ok???

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Gizmo, I am not sure that we are talking about the same thing here about ccjs.

A ccj shows on ones file for six years. Thereafter, it is removed from ones

credit file. Once a ccj has been established, you will be unable to dispute that there is a debt but you can dispute the amount. And if the ccj is more than six years old then it may require an order from the Court to enforce the debt.

 

Absolutely correct, but here no one including the court have a record of the CCJ, I would test the DCA to see if they have a copy of it.

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

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Nanna, I suggest you send this one in view of th fact that there was a ccj

applied.

 

Dear Sirs,

 

Re your claim xxxxx

Thankyou for your letter dated 14th February.

 

I have asked you to comply with my CCA request. The Act does allow you

not to produce the documents if the debt has been satisfied s77[3]. No such

allowance is noted in the case of a ccj that was applied over six years ago.

According to the Data Protection Act 1998, Principle 6 states that data

should be kept no longer than is necessary. I would ask that you provide proof of any ccj applied to my account, and if it was applied longer than six

years ago, on what grounds you are retaining this data.

 

In any event, it has just come to my attention that I am able to challenge

the contract whether a ccj exists or not, and for that reason I do require

sight of the document.

 

Yours Faithfully,

 

PS In answer to your question after ringing the Court, while they cannot

take you back and apply another ccj, they can take you back to apply

a charge on your house for instance.

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lookingforinfo,

 

Ok, the Solicitors GPB have already admitted they have no agreement, I would assume that they do not have any CCJ correspondence (I have sent the letter so we shall see) what proof do they have that there ever was a CCJ, as previously said I cannot remember if this ever went to court, although I did find something in the loft that may have suggested that it did go to court...but no court paperwork etc. how could they apply a charge on the house without a) the original agreement 2) no evidence that there was a CCJ.

 

would that really stand in front of the judge??? you tell me LOL;)

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lookingforinfo,

 

Ok, the Solicitors GPB have already admitted they have no agreement, I would assume that they do not have any CCJ correspondence (I have sent the letter so we shall see) what proof do they have that there ever was a CCJ, as previously said I cannot remember if this ever went to court, although I did find something in the loft that may have suggested that it did go to court...but no court paperwork etc. how could they apply a charge on the house without a) the original agreement 2) no evidence that there was a CCJ.

 

would that really stand in front of the judge??? you tell me LOL;)

 

No it wouldn't stand in court - I would ask them to supply you details of the CCJ as you can't remeber ever going to court over this.

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

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Thanks Gizmo,

 

I have sent the letter asking for proof etc, & of course recorded ;)

 

I will keep you informed of any progress, I have the other 2 debts with IJ, whom have wrote back o tell me they have no Agreement, they have been taking my money for 14 years with no agreement, they say in their letter that they have passed the a2 account back to the original creditors (I am of the opinion that these 2 debts were original bought from the creditors, in the letter it mentions that any Correspondence must be made to the creditors.....hang on here they have been taking my money and expect me to just go away....mmm I don't think so....I am just waiting for the 12 + the month. When I contact IJ what is stopping them saying they have no records of these accounts as they have said they are returning them..

 

Thanks for the advice, I do appreciate it.:)

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Hiya Nanna,

 

The other debts probably were bought, but they have told you to contact the original creditor because what else are they going to say ? If the 12 days and one month pass without any contact fom the original creditor... I would go after the DCAs for a refund. :)

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  • 2 weeks later...
Nannamoon, I have amended the letter

 

Dear Sirs,

 

Re your claim xxxxx

Thankyou for your letter dated 14th February.

 

I have asked you to comply with my CCA request. The Act does allow you

not to produce the documents if the debt has been satisfied s77[3]. No such

allowance is noted in the case of an expired ccj.

 

In any event, it has just come to my attention that I am able to challenge

the contract whether a ccj exists or not, and for that reason I do require

sight of the document.

 

Yours Faithfully,

 

 

The matter that has just come to your attention is the case below where a lady successfully got her debt quashed because the amount of her loan had

been incorrectly entered on her contract. So you do need to see the agreement to ascertain that your agreeement is in order.

McGinn v Grangewood Securities Ltd. [2002] EWCA Civ 522 (23rd April, 2002)

 

Lookingforinfo

 

I sent the letter to GPB on 19 Feb and it was signed for on the 20th.

 

They have not replied, to the letter, now do I pay this months payment as we are not 100% sure if this debt was a CCJ or not.

 

For the last 14 years I have paid GPB through my bank with a payment book that GPB issue every so often.

 

14 years ago these DCA/Solicitors always issued payment books, I have just never bothered to change the payment to a S/O.:lol:

 

Of course they have failed to comply with the CCA the 12 days have passed but the one calender month has not expired yet, bearing in mind GPB replied to my CCA request within 48 hours, saying that the debt was a CCJ.

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Nanna, lets assume you don't make this months payment, and there is a ccj

on the account. Big deal, what are they going to do? They can't apply another ccj, nor a default. And as they are now in default, they cannot

pursue you till the default is removed.

The situation is the same if they haven't applied a ccj. Until they furnish you

with the required documents, there is nothing they can do.

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Lookingforinfo,

 

Thanks for all your help, very much appreciated, I just cannot believe that I have been paying these Idiots for 14 years:(

 

I have a total of 4 debts from DCA that I have been paying for 14 years, 2 of them are from IJ whom sent me a cheque back for the fee, with a letter saying that they are sending the debt back to the original creditor (Do not believe that for one moment) Just waiting for the 30 days to expire.

 

The other one is with Credit Security, sent CCA via Recorded Delivery, it was never signed for, I did keep the recorded delivery slip, but I must have mislaid the post office receipt. I have sent another CCA request but this time Special Delivery they signed for that this week.

 

I will keep you updated, as I will probably need more advice.

 

My credit file does not show any of these 4 debts, so I have no issue with having to have anything removed.:)

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Nanna, what a shame this site wasn't in existence all those years ago.

BTW they will have returned the debts, since they will know they cannot produce the documents in time. I wish I knew of the situation with this practice, since it means they have taken your money for all this time but

duck out before the crunch comes. And it may leave the original lender free

to assign the debt-though this time you will know what to do.

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Lookinforinfo

 

I wish this site had been in exsistence all those years ago LOL.

 

I was very young and petrified of these DCA, Once the 30 days are up could I send a SAR to IJ even tho they have sent 2 of the debts back tot he original creditor, I would love to know how much I have paid over the years and of course interest I assume, there are charges. Also would IJ have the SAR data as they have sent the debts back?

 

A question for you, (how do we know that IJ did not buy the debt) after all DCA will say anything, especially as they have been taking my money with out having the paper work. assuming IJ have sent the debts back to the original creditors, would they have any correspondence relating to the debts LOL.

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IJ would have to keep your data for six years. Not sure that you should

put yourself through the pain of finding out how much you have paid them.

Haven't you given them enough money? And you cannot reclaim the money.

Best just to heave a sigh of relief and move on. Easy to say, I know. More

difficult in practice. Just let the extra money in your pocket give you a warm

glow and may it help to wipe away the bad feelings.

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lookingforinfo

 

I was not looking to claim refund (although I would not mind giving it a go) just thought I may be able to claim back any charges, penalties etc. I do not think I have EVER had a statement from them in fact I know that I haven't.

 

I am curious as to:

 

1) Why can't a debtor get a refund, surely if a DCA cannot provide the relevent documents then they have been taking your your money illegally?

 

Has there been anyone successfully claim a refund from the CAG?

 

What would happen if a debtor asked for a refund & then went down the usual channels, preliminary, LBA etc....would a judge not award the refund due to there being no credit agreement, and would the judge not award the DCA to pay the charges etc.....

 

I just cannot get my head around the fact that these Idiots can get away with what they like, when they like. I know my case is perhaps a little unusual due to the debts being 14 years old, but what about these peeps on here that DCA have been taking there money without the relevant documents, it does seem to appear one rule for debtors and another for DCA.

 

I really would love to challenge a DCA would like to make them squirm, as previously said I was young, niave and vulnerable, when these debt occurred.

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