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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

Evo v Yorkshire Bank ***WON***


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Right Done Court Bundle as per direction from court.

Just need to clarifiy a couple of points

  1. Settled cases. i have included to cases in the court bundle but do i need to include to settle cases from this site. if so could someone show me the link. i have read the excell spread sheet but can not find it now, i knew i should of saved it to disc.
  2. i have not included any correspondance that is marked without preducice. I that right.
  3. I cannot find any SAR in here records do i need it.
  4. Is anyone actually going to sit and read all this Bumpf.

Got to be in by 25th April.

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  • 2 weeks later...

he's had an offer today from YB for Around £1,400.00 i will know more later once she brings letter.

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Unless it is for the full amount reject it. If you stick it out you will get every last penny, but it might not be until nearer the court date.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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They have aggreed to pay

Court cost

Charges for 6 years from court date.

Will not pay interest of around £340.00 due to the courts dicretion any charges being her fault.

Thanks lillboy

 

 

 

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They will pay the interest if she holds out. As they say interest is at the courts discretion, and not the banks, and it isn't her fault that they kept taking charges without her agreement. My earlier post stands, as I think £340 for the sake of a few more weeks is worth holding out for.

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Re: County Court Claim Number XXXXXXXX

 

Response to settlement offer.

 

Dear Sir/Madame

 

Thank you for your letter dated 26th April 2007. I respectfully decline your offer of £1477.00 as settlement of my claim. As you well know you have had several opportunities to settle this case before court action commenced in which could have reduced cost. I am prepared to let the district judge decide as to whether interest should be paid on this case.

 

My claim is for £1,368.00 also Interest as per S.69 County Courts Act 1984 of 8% currently totalling £400.63 continuing at 8% until judgment or settlement at a daily rate of £0.30 plus court costs as outlined in my particulars of claim and recent correspondence submitted to the courts as directed. This claim will continue until payment is made in full.

 

 

Alternatively, should you wish to settle my claim in full, then please forward the full amount of the claim without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

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  • 3 weeks later...

Does Yb Court bundle have to get to us before the 28 days or is it just to the courts. 7 Days left. in my calculations she should recieved her bundle before the 23rd May.

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Normally both bundles need to be submitted at the same time to the court and the other party. I have yet to hear of YB submitting a bundle to anyone or any court though. When's the court date?

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I used the alteranative appraoch to the allocation questionaire the judge complied with this i have submitted our documents which had to be in by 25/04/07.

 

The defendant shall within 28 days thereafter file and serve a response to the claimants' scedule, stating in respect of each item claimed.

  • a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

  • b) Whether such charge is accepted to be a penalty, and if not why not;

  • c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

  • d) Any witness statements.

If the defendant Fails to comply with this order, the defence will be struck out without further order

 

So in my calculation they have until next wednesday to comply with this order.

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Forget to answer your question

the court hearing is for Tuesday 12th June 2007.

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Looks like a good order. Be prepared for some of YB's delaying tactics though. In my crystal ball I see you getting judgment by default, and then YB applying for a set aside because they didn't get the paperwork. That's what they've done to Moss, despite the court order and also when there have been other judgments by default.

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Looks like we need to composed a letter highlighting this total abuse of the courts system for when they default on the directions. If i do write a letter would I be wise to send a copy to YB.

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I think it would be polite to do so for information. Have a look through the successful cases and try and track the litigation details for those who had default judgments set aside, and then went on to win without attending court to demonstrate that they've done it before. Claimants that spring to mind are Rachel2609, Dan-rides-bike and of course Moss. There may be others. Possibly Trundlecat?

 

Use the advanced search tool.

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Thanks Caro

Will do so over the weekend

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Actually you could include all the successful claims as none went as far as a hearing, at least not in England.

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Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Letter Sorted

Not posting it in here untill after they fail to submit their papers to the court.

I will confirm that it is just a variation of the wasted cost order but it highlights the latest tactics used by YB to delay the claims even further.

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16/04/07.Finnally Got the direction from court; However they have put on it Evo V Abbey Bank. Another Typo error. Got to ring them today to get it resent and make sure they have sent one to Yorkshire bank not Abbey.

 

I got in touch with the court regarding this typo error they stated that everything was ok and the right letter had been sent YB.

 

Got another copy of the directions from court today 21/05/07 ammended with Yorkshire Bank as defendant.

 

Written across top in biro is

Amended under the slip rule this 18/5/07

 

any ideas if this is going to delay things do i count their 28 days from 18/05/07 or is this the start of our 28 days again.

Thanks lillboy

 

 

 

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Hi All

An update.

 

Spoke to a very nice lady at the courts today she has confirmed that all the origional timescales are applicable and if YB do not submitt their documents as per order by 4:00 pm today. I can write a little note to the judge making him aware the deadline has passed. she said that out of all the cases allocated for that day YB where the only ones not to settle as of yet. I Explained about their tactics regarding trying to delay things further, she advised i include the details in the letter. therfore i feel that now i could definitley used the wasted cost template to cover these issues.

 

hope to provide a more positive update soon getting close now.

Thanks lillboy

 

 

 

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Any comments would be appreciated.

 

 

 

 

 

 

XXXXXXXXXXX

xxxxxxxxxx

XXXXX

Chesterfield

Derbyshire

XXXX XXXX

 

The Court Manager

ChesterfieldCounty Court

and postcode

 

24th May2007

 

 

Dear Sir/Madam

EVO V’s Yorkshire Bank

I wish to inform the court that the claim as detailed above, in which I am the Claimant, The deadline for your order has now passed.

The Defendant has failed to file any documents to the court, breaching the order made by District Judge AA on 28th March. Again this is typical of the Defendant’s approach in other cases of which I am aware.

We now ask that the defence is now struck out without further order as indicated on the order mentioned.

 

I believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because I believe the Defendant had no intention of ever defending this claim at a hearing. I am aware that in other cases against Yorkshire Bank have once the defence has been struck out by default, they will then ask for this to be set aside, May I at this point request that no set aside is granted as this is again a tactic used to delay the settling of the claim.

 

I also enclose a list of all cases of which I am aware in which Yorkshire Bank was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant.

 

 

 

 

 

Yours faithfully,

 

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Moss

I have Changed Letter

 

your comments or any comments would be appreciated. thanks Wayne

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Looks like that should do the trick to me.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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