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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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      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.

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      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.

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Lady E .v.Abbey


Lady E
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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 sound dim but it has been a tough couple of weeks and my usually sensible head has gone to mush !!

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hi E,

 

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.

 

 

 

I had the same order as this, and I sent in a Witness Statement and Statement of Evidence as well , just to be on the safe side.

 

If you'd like, I can let you have copies of mine just to see what i scribbled;)

 

They're dead easy

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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Oh Charley .......sigh , you really are a knight in shining armour. :p

 

If you could let me have a look at what you wrote that would be really helpful , I am getting there slowly.

 

Cheers

 

E

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I havent got any T&C for my court bundle , I opened the account in the 80s (poss 89), will I need a copy ????

 

ALSO

 

 

The account is in my maiden name (its my slush fund ;) haha) shall I copy my wedding certificate as well or just wing it ?

 

 

 

Thanks Charley for the info, I reckon I can do a statement of evidence too BUT I was only sent a list of charges not a balance total , so I cant actually give dates of balances that took me into the red only charges/debits /credits to my account. Does that make sense ?

 

I think I may be giving Bonnie a run for her money on questions questions :)

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Can't help with T&C for 89 but have got them for 98 and tariff of charges for Nov/Dec 97 if they're any use.

 

As for maiden name ... as I understand things, you are not compelled to take your husband's name when you marry so it shouldn't really matter that it's in your maiden, particualrly if you operate the account in your maiden name. I stand to be corrected though. What name did you sign all your letters and your N1 paperwork in, cos if it was your married name then I'd say send the copy certificate, just to cover your back.

 

I'd send your bundle to the address that all your paperwork is coming from.

 

HTH.

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  • 2 weeks later...

Well my bundle went in last week and my court date is 23rd August.

 

I am just wondering that since the OFT test case started has Shabbey been making offers to people who have have got court dates soon or have they come to a standstill ?

 

I have done a spready for all my costs and have worked it out that for bank charges costing £728, interest at 8%=£341 + 21 hours work @£9.25 and all my postage and photocopying they will owe in the region of £1300!!!

 

Any thoughts would be really helpful as I dont have any fingernails left to chew:)

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My court date is 17 August. Court bundles were due in by Friday just gone. Neither I nor the court received anything from Shabbey. In two minds whether to send shabbey a reminder letter requesting their bundle within 7 days or just letting it go and writing to the court in 7 days. I have had one offer of under 50% of my claim about 6 weeks ago which i rejected. I feel that Abbey are winding down their operation with regard to claims, I read a thread from someone who works in the same building as a temporary Shabby office, in scotland, set up to deal with claims, apparently all the temps have been let go and the office is closing. From talking to my court all banks have sent out a blanket request to stay all cases. It appears to be upto individual Judges how they procede. My Judge, god bless him, has decided to hear all cases that are listed, at the moment that is, finger nails are gone, am eyeing up the toe nails!!!!

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Any thoughts would be really helpful as I dont have any fingernails left to chew:-)

 

Hi E,

 

the only sensible thoughts I can offer, are

 

 

 

 

 

 

 

 

what are you doing up so early on a Sunday morning?:p :p

 

 

 

 

 

 

 

but in all honesty, I really can't see the courts putting a stay on a case that is so close to completion,although I haven't got any concrete evidence to support that...........although I can't imagine Abbey have sent a Bundle in, so that would be the overriding consideration.

 

sorry I can't be more help,hun:o

 

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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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i think there seems alot of confusion over this test case at the moment so who knows abbey might think cos your desperate that youll accept a low offer who knows they stall where ever they can and if they think theylll get a cheap deal then theyll probably go for it as youve put in court bundle youll have to wait now love and see what next how long have they got to put in there court bundle then like charley sorry cant really help more :confused:xxxkia

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Thanks psm .

 

Like everyone else I have not had any court bundle through from Shabbey, but my understanding was, that was par for the course and I could expect some contact from them wanting to settle my claim .

My Judge has also bosched any mention of a stay and it is business as usual at my court . So far Shabbey have offered me absolutely NOTHING, which is why I wondered if there had been a wind down of their operation .

 

Anyone else have any news ?? 8-)

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Hi E,

 

the only sensible thoughts I can offer, are

 

 

 

 

 

 

 

 

what are you doing up so early on a Sunday morning?:p :p

 

 

 

Charleyfarley - The answer lies with two little men who rule the world as far as mummy and daddy are concerned :D

 

Kia and CF -Thanks for your comments I appreciate your thoughts as Shabbey are so unpredictable /unreliable , I feel I need to be prepared for all eventualities :wink:

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Don't know much truth there is in the runour but word has it that Abbey have laid off all the temporary staff and the permanent staff who were dealing with charges reclaiming have been reassigned.

 

The story is Abbey are assuming that their request for a waiver to stay all cases until a decision on the test cases is made will be granted.

 

Until somone tell us otherwise .... it's business as usual, pester them, pester the courts, don't let them scare you off.

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hi LadyE

I'm not sure if my case will help you but the dates are so close and my experience has been almost the same so far, so I hope it does!

 

My court date was due to be today (7/8/07) and I submitted my bundle to the court & Abbey on Mon 23rd July. Up until then I had received *nothing* from Abbey since the start of the case - no offer or indeed any communication, at all. (Defense & AQ were sent to the court but no copy to me). I received a GOGW months ago for a paltry £100 & my original sum on the N1 was £1300.

 

I received an offer on Wednesday 25th which was about £200 short of the total, they asked me to reply by 5pm Thur 26th which I did with a refusal and I was looking forward to going to court! Then, last thing on Thur 26th, they offered to pay me the full amount (now just under £1400) which they did by paying a cheque into my a/c which cleared Fri 3rd Aug.

 

so, this overlaps slightly the test case announcement ~ they offered me settlement at 5 pm the day before ~ and as your case is very close to completion, and they haven't submitted a bundle AS PER THE JUDGES DIRECTIONS, I expect you too will get a little email shortly making you an offer. :D :D

 

Good luck let us know how you get on!

Apple x

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AppleCrumble -Congratulations , enjoy yourself with your windfall .

 

Thank you for informing me on the way it works . With any bit of luck Shabbey may contact me next week with some form of offer, in fact anything from the Shabbey would be nice, phone call, text email all would be very welcome. :D

 

May I ask, how did Shabbey contact you ? Was it via email?

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I was just reading some of the other threads and wondering if I should send a non compliance letter to the Shabbey? No court bundle from them and court date is 23rd August. I suppose I would be the first person in the world to get a court bundle but just wondering what I should do next or do I just sit tight and wait for them.

 

(It like dating all over again :) )

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hi LadyE

yes, they contacted me by email . Like you I had no contact from them at all, until I had sent the bundle and I was getting very bothered thinking 'why are they ignoring me??'.

 

I had tried to email the famous Ashton's before submitting my bundle trying to prompt them into offering something, but they were very dismissive until they got the bundle and it was 10 days until the case, by which time I was so peeved by being ignored there was no way I would have settled for anything less! :)

Apple x

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Hi

 

I submitted my bundle and have court date 14th September - my local court held onto my aq for ages. I have heard zilch from abbey and they haven't got my email address. Was considering writing letter reminding them of date. It is just a waiting game and it makes me feel better to have read this thread! Frankey

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Rang up the court again today, still no application for a stay on my case which is good. Got chatting to the very friendly clerk, who said they had not received a court bundle for the Abbey either, it was due in on 3/8/07.

I pleaded dumb (Lord E says I am good at that;) ) and she said as I was not being represented , I might like to write a letter to the Judge asking for instructions.

 

Any advice please? Very tempted ....but dont know what to write . Very aware as to what happened to MarmiteGirl this morning and would really like to avoid that scenario if at all possible .

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E,

 

My thoughts on this, bearing in mind m-g and her shiny shoes, would be to avoid going into court and try and get them on non-compliance with N225.

 

I have to admit to knowing absolutely nothing about how it works, but it looks like your best bet of avoiding the dreaded stay:)

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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Thanks Charley will pop up on Monday (hoping they havent put a sneaky stay in , in the meantime) and get the ball rolling. I think I will find that non compliance letter that I saw on one of the threads and take it with me .

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