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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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CCA by Coop/Equidebt/Heatons - refusal to accept payments


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Hi all. Much advice needed! I've had a County Court Claim issued against me for a £14,000 debt I have with the co-operative bank. This was being collected by (not sold on to) Equidebt / Heatons.

 

We had an agreed payment plan of £14 a month, which I have kept to. In January I got a letter saying payments had not been received and threatening court action. I wrote saying I was up to date. I then got a County Court Claim through the post rather than an answer to my letter. I phoned and again said I'd paid and sent them copies of my credit counterfoils. Equidebt accepted that I had made 2 payments but that the money hadn't been allocated to my account as it didn't have their reference number with it. The cashier at my co-operative bank branch had said she couldn't include the reference with the payment.

 

Equidebt have refused to stop the proceeding against me and instead made the grand offer that, if I admit the full amount claimed, they will continue to accept £14pcm payments and not request a CCJ. This would mean my debt going up £490 in fees and solicitors costs!

 

Obviously I'm not happy about this and feel I should contest at least part of the claim. The debt does include a small sum of excess charges but only about £150 as the co-operative bank were pretty quick and good about stopping interest etc once I told them about my difficulties.

 

Equidebt say the 'missed' payments don't count as having been paid until they had tied them up with my account and thus after the court claim was issued. This seems to me to be a refusal to accept payment on their part. Are their any legal ramifications to this?

 

If I admit part of the debt, and not their fees and solicitors costs and Equidebt / Heatons contest this, will this result in a CCJ against me even if found in my favour?

 

In submitting the admission form to the court, can I make a lower offer of payment? The £14pcm payments were agreed some 6 months ago and since then, whilst my benefits are the same, bus fares have gone up and I'm spending more than expected on posting silly letters to DCAs.

 

Thanks for your help

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send a cca request to them now with the one pound payment. and reply to the court claim stating that you have requested proof of the debt and a copy of the original credit agreement as is your right in s 77-78 of the consumer credit act 1974. but send the cca request to whoever has issued the court claim. do not admit anything to anyone at this stage. if you request this agreement they need to provide it for the court case to proceed, they cant enforce the debt without it once you request it. but don't delay, send cca by recorded delivery to equidebt(?) and reply to court saying yopu've made request. a continuance will probably be granted to give them time to come up with it. but i think the fact that they are asking you to admit to the full amount indicates that they don't have the agreement and are relying on you to admit it.

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So as regards my court submission, I'd be disputing the entire claim?

 

Does the fact I have been making payments count against me? Are you saying I shouldn't even go into this side of things? Can I bring up issues regarding when payment were made later on?

 

I'd be somewhat suprised if they don't have any original paprerwork. The bulk of the amount is from a loan taken out about 3 years ago. This was then added to my current account balance (overdrawn) once I was unable to keep up the repayments. The current account was opened about 10 years ago.

 

Thanks again.

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you don't need to go into payments you've made yet, you can do that later. all you're doing is asking them to prove that they are lawfully entitled to collect this money. the fact that you've been making payments will not count against you. try this one, it's basically the one from the library with bits added.

 

Your name & address

Dca name & address

Date:……………………..

Dear Sir/Madam

Your ref:…………………………………………….

I do not acknowledge these debts and require that you supply me with the following before I will communicate with you further.

Firstly, I require you to supply me with true copies of the agreements that you refer to in these matters. Under the legislation contained within sections 77-79 of the Consumer Credit Act 1974, this is my right. You should also provide me with statements of accounts. I enclose £1 P.O. / cheque in payment of the statutory fee for each account.

According to the CCA 1974 a credit agreement that is not properly documented and signed appropriately is totally unenforceable and is therefore a complete defence to any court claim that is issued.

You are required to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

Take note that this matter is now “in dispute”. Any legal action you initiate will be vigorously defended and contested.

Yours faithfully,

Sign……………………………

Print……………………………

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Nice one, thank you.

I've been reading and reading on this site but can't quite find the answers I'm looking for.

 

The court defence needs to be filed before the time limit for coming up with the agreements expires. If I understand you correctly, I file a defence that I'm waiting for these documents? (its not contesting jurisdiction is it?) Should the original agreement be produced, do I then get an opportunity to provide a further defence and perhaps partial admission?

 

Ta

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yes, you will get a chance to provide further defence. and if by chance they come up with agreement you can show all your payments etc to court and negotiate a payment that you can afford, really. the court willnot look favourably on a creditor trying to force you to pay more than you can. as for what you put on your court form, i am assuming it is similar to scottish ones. so you are not challenging the jurisdiction of the court, but you are disputing the claim and defending the action( option 4 on scottishform) ie under section 77 &78 of the consumer credit act 1974 you have requested a copy of the original agreement in the correct format including £1 payment. that they received it on xx/xx. make sure you send the CCA request and send it by special delivery if you can. it's guaranteed next day delievry and you get the name of the signatory. so when you complete the court form put the date that it was received by them. you will have a return date on the court form, which is when you need to have returned it by. i would imagine that the 12 working days will be up by then. what is the return date on your form? don't panic it's not as bad as it seems. that was my worst nightmare, but when it happened to me i did exactly what i'm telling you and it was liberating, you'll never be frightened by that stuff again.

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embarresed to say it but deadine for county court defence is 4pm today! oops.

 

Thanks ever so much for all this help. Its loads better than advice I've received elsewhere. I had got two different defences up and ready to submit - one as you've stated and just in case I'd got it all wrong, a partial admission just disputing penalty charges and court fees.

 

I'll hand deliver the credit agreement request to the bank so that it is done before the court filing and save any arguments there and cc a faxed copy to Heatons LLP, the solicitors acting for them.

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A payment of £14 is now due according to the payments agreed that Heaton's claim I haven't kept to. Given I am waiting for the CCA and the court action they started is in progress, should I still pay? I don't want to undermine my defence re waiting for CCA but I also don't want to jeopordise my position by not making regular payments.

Thanks.

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A payment of £14 is now due according to the payments agreed that Heaton's claim I haven't kept to. Given I am waiting for the CCA and the court action they started is in progress, should I still pay? I don't want to undermine my defence re waiting for CCA but I also don't want to jeopordise my position by not making regular payments.

Thanks.

 

Bump anybody?

Just hate every DCA out there

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  • 1 month later...

I've finally received an illegible copy of what may be a credit agreement from Heaton's. The only things I can actually read are 'Brittania Current Account Application Form' and my name. There is nothing to show any transfer to the co-operative bank. There are also a year or so of bank statements but not including recent payments (after a default notice was served?).

 

Accompanying this is a form to withdraw my defence and consent to the full amount including costs, and if I don't do this they'll refer the matter to a judge for further consideration.

 

Given their treatment I don't feel able to do this. I don't mind paying what I owe (over time) but the court case was very much down to their not accepting payments.

 

Any thoughts on what is best to do - ask for a better copy and proof of transfer to Co-op? wait for a judge to decide? File a new defence?

 

Thanks

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It is a current account debt - I had a loan too, same account number, so once I stopped being able to pay that, co-operative bank merged the balances, stopped interest and charges and then sent out default notice.

 

The form may have been countersigned, there are a couple of squigles in a box under the one containing my name. Hard to tell as illegible.

About a third of the page is what looks like it could be terms and conditions but one can't make out a single word.

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