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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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    • 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.
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      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
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Lady E .v.Abbey


Lady E
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Well I rang the Court today and a very helpful lady said that the Judge still had my AQ and draft directions in his pending tray. She has offered to call me as soon as the Judge has passed them back to Admin and let me know what is happening. The Judge reads the AQs in between hearing hence the delay . ALSO new policy has been received from Northampton , that of 16th April , AQs were dispensed with due to the time delay in getting bank charges cases to the court.

 

I have started photocopying some of my letters and statememnts that I have but I need to crack on and do my court bundles and of course my skeleton argument . A bit scared on that one as I have 5 charges which I am using S32 (B) © Limitations Act and whilst I know what I want to say ," you concealed that the charges were unlawful from me , even after the OFT report in April 2006, and I didnt know I could claim back until Dec 2006" ,I have got to find a way with words , that come across as professional and coherent.

I might leave that bit till last and holler for HELP !!!

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Hi LadyE,

 

Any news yet?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Rang court last week, papers till with Judge . Postie due at 1030am ,if nothing will ring on Wednesday, as it will then be three weeks since AQ had been due to be submitted.

 

Thanks for asking. How is your bundle coming along?

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Blimey Ms E,

 

You get up early in the morning!!

 

 

I've printed off all the Bookworm stuff and now I'm at the photocopying stage. I feel an hour's overtime being necessary at work tomorrow evening to get it all done. It will run to a couple of hundred pages I would think, so to prepare two copies is a hell of a lot of copying.

 

Let's hope the postie brings good news for you:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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LOL ....my two little fellas get me up that early ;) .

 

I have started printing off my statements and my original letters courtesy of Lord E (well his work really) also copied corres from Abbey , it is the other bits I have to format first before I do any printing. You must have heaps of paper , just seems such a waste as Abbey should just do the decent thing and pay up,it makes me very cross . :evil:

 

When do you plan sending it in ? Are you taking it to the court by hand ?

 

Good luck Charley

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Oh the joys of little 'uns............mine are both teenagers now so they mostly go to bed after me and given the chance, they'd stay in bed until the afternoon.

 

I've made a bit of a pig's ear of the Bookworm bundle stuff by not planning how many pages of statements and correspondence I'd got, I didn't number any pages by computer, so I'm going to have to number everything by hand as I put the bundle together.

 

The court offices are quite local to me so I might just drop it in by hand..........or should I post it and charge the cost back to Abbey out of spite:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Post it Charley, recorded delivery and charge the shabbey , LOL .

 

Just phoned the court, the Judge has allocated my case to the small claims court but did not send any directions etc. They are sending the papers back to him and hopefully I should hear within 2-4 days.

 

Did you see Marie's thread ? I wish I had gone to Reading Court LOL, but a bit of a trek down the M4 .

 

How is your numbering going? I guess I know what I will be doing this bank holiday.

 

Good luck

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Hi LadyE

 

Well done for phoning..............now at least you know where you're up to and can plan around it. Beach or Bundle this Bank Holiday?

 

Hasn't mj done well...............I'm so pleased for her:) and BF posted on her thread as well;) she must be important!

 

Haven't been able to do any numbering yet............I've actually had to do some work this week and last night there was the small matter of a football match to watch.

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi E,

 

How's your bundle looking?:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Charleyfarley , well I had lots of good intentions this weekend ,but we had a bit of a family crisis, and OH was called away. My bundle still remains the same , just photocopies of Abbey letters and my statements etc,.I have not done my statement of evidence yet or anyhting else.

I have just rung the Court again, and Mr Judge still has my papers awaiting directions . I know what I got to do ..................

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Hi Charleyfarley , well I had lots of good intentions this weekend ,but we had a bit of a family crisis, and OH was called away. My bundle still remains the same , just photocopies of Abbey letters and my statements etc,.I

 

Sorry to hear that E, hope everything's OK, and Abbey will still be there waiting when you're ready to face them:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 2 weeks later...

Hi E,

 

You've been very quiet lately. Hope everything's ok:)

 

Come and tell us how you're getting on

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Charley , yep still here . District Judge has been away on another holiday (more holidays than Tony and Cherie Blair, LOL , OMG maybe she is sitting in the county court as a sideline.....eeek). Papers are now with Judge to set a date . Everyone in the gang seems to have progressed so much further down the line than me , but it is also giving me more time to prepare. I saw you were boasting about your big one .......tee hee 242 pages of court bundle , I would love to see Ms Kirkmans face when Postie brings that to her desk . Forgot to say your title "Pay up you B******s" may not be the best title for a swift payment , although it will certainly draw attention to your case . Keep us posted .

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Today Postie bought me a letter from the Court . It is a General Form of Judgement or order and it reads as follows:

Before District Judge****** sitting at **** County court , Upon reading the court file IT IS ORDERED THAT

1.the claimant shall file at court and serve on the defendant the following further information by 07 June 2007:

1.1 Each and every charge by amount and date which the claimant seeks to recover from the defendant .

2.This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.

Dated 22nd May 2007

 

I am a little puzzled because I did all this when I submitted my AQ , I will obviously comply,I assume Judge does not want my bundle yet ?

 

Any advice please ????

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Well the only thing that i can think of is that the other side have said that they have never received a list, I would ring the court just to clarify, and tell them that you have sent them a copy before you filed at court, the received a copy also with the N1 that you filed , but the bottom line is that you will just have to send it again

 

hope this helps

  • Haha 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi E,

 

I can only agree with Lula, and the only thing I would ask, is did you send in a schedule separately after you filed MCOL?

 

Also, ref your post#26 about s32, MadNick has put a great post on bonnie0852's htread all about it, so if you've not already done it, you could just lift it from there:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 2 weeks later...

Well just to update......hand delivered list of charges to Court and posted copy to Abbey all done on 31st May.

 

CF - Thank you so much for that top tip re Sec32 , I now feel a lot more confident in explaining to Mr Judge the gist of my argument .

 

Now it is a waiting game again to see what Postie brings me .

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Making progress E....slowly but surely we're getting there:) ;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 2 weeks later...

Got a letter today from the Court , my date of hearing is 23rd August at 10am . I have to serve both the court and the Abbey my court bundle 14 days prior to the court date , I have a fair bit done (thanks to everyones help) do you think I should submit sooner rather than later???

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sooner.................the sooner abbey get theirs the better. Only send the court theirs closer to the deadline

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi E,

 

Read clarion48's thread about costs...........................and get your cb in ASAP:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

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

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 3 weeks later...

Now in the final stages with my bundle, I called Abbey today and spoke to Claire Fletcher, who sounded quite pleasant,she asked for my case number and date of hearing which I gave. She dug out my file asked for my tel no. and said either her or a colleague would be reading it and will call me back to settle out of court. Was this part 7 to Jackanory or do they actually call people back to negotiate?? Yep I know I am cynical , but there is hell of a lot of work in this bundle business :)

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Well i would suggest that you have a spreadsheet ready with all the time it has taken you to compile your bundles @ £9.25 per hour, plus all postage, printing, photocopying costs incurred and make sure that this is included in your settlement, otherwise, you can not settle at this time and put in a Wasted Costs order at the court with all this information, please God you have kept any receipts :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 3 weeks later...

Help- just having a wobbly . Have got all my documents and case notes printed , I did a draft statement of evidence and then popped back to Gary H "Got a court date" help sheet and am wondering if I actually need a statement of evidence? Mr Judge ignored my draft directions and issued a court date and instructions as follows-

Each party shall deliver to every other party and to the court office copies of all documents including any experts report on which he intends to rely on at the hearing no latrer than 14 days before the hearing.

 

Does that mean basic court bundle and other bits that I need eg copy of limitations act , but not a statement of evidence???

 

Sorry I

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