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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 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  
    • 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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      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.  

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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.
      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
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Taking Cabot to court for failing to supply HSBC CCA + Distress etc


tbern123
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But Hodson's are and under part 42 notice has to be given to remove them? Maybe I amgetting a little mixed up but I thought this is not the first defence UK have had to file.

 

Can you point us to some others Aktiv?

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Aktiv is right, this is the second defence filed in relation to my claim.

 

However, has confirmed by their defence, Hodsons are they legal representatives.

 

I am just sent an email to both WW and to Hodsons asking them to clarify...

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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I don't understand how they need a solicitor and a litigation friend at all - surely they'd only neeed one or the other?

 

If Hodsons are their solicitors - why do they need WW as a L F ?

 

Is it possible for him to be a LF ? I have read through the CPR very quickly and the only mention I can find relating to a LF is children and mental health patients.. nothing about companies

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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Is it possible for him to be a LF ? I have read through the CPR very quickly and the only mention I can find relating to a LF is children and mental health patients.. nothing about companies

 

I haven't heard of a case either where a litigation friend would be used by a company, a litigation friend would usually be used in a case where the person is underage (as above), has mental health issues (as above) or where they are incapacitated as, for example, in a medical negligence case ie : a persistent vegetative state.

 

I think using an LF in a case like this would be very odd.:confused:

 

Sorry for butting in!

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Don't apologise..

 

I thought I was getting it all wrong..

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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Just as a matter of interest I was assisting a Director of a company in a matter of a winding up petition in Liverpool High Court a couple of months ago and the Director was a builder and not so conversant with addressing a court. He asked me to represent him or speak for him. I applied to the court and this is what the judge replied :

 

"I am happy for this person to appear as a Mackenzie friend at the hearing together with one of the directors of the company. I will permit the director to present the company's case and I will permit this person actively to assist the director."

 

Needless to say after the first couple of sentences the Judge was happy for me to continue, but I was referred to as a McKenzie Friend rather than a Litigation Friend - but then I'm not a solicitor.

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Don't quote me but I think they are the same thing...

 

I will wait to see what WW and Dean Spencer have to say for themselves

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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I know what you mean Aktiv. But is nothing personal against. He is just doing a job to pay the bills like the rest of us. I have no ill feelings about him.

 

Wouldn't be surprised if he was an ok guy..

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

  1. Cabot again !!! Urgent Help Needed
  2. Litigation - tbern123 V Cabot Financial (Uk) Limited
  3. No more calls from Cabot... lol

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A higher interest paying account where the monthly fees far outweigh the monthly interest the account generates?

 

Or am I being way too cynical before I've had my cornflakes this morning.

 

And way off topic too. Sorry tBern. ;)

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I haven't heard of a case either where a litigation friend would be used by a company, a litigation friend would usually be used in a case where the person is underage (as above), has mental health issues (as above) or where they are incapacitated as, for example, in a medical negligence case ie : a persistent vegetative state.

 

I think using an LF in a case like this would be very odd.:confused:

 

Sorry for butting in!

 

Is this litigation friend just a way for them to get an "expert" in the room without having to call a expert witness. 2 heads are better than 1 etc.

 

I am guessing that as they are a lit friend they will be in addition to the legal person too?

 

My take on this with my previous court cases is that for small claims the process is allowed to give a little and not all T's and i's need to be perfect. For multi or fast I am not sure though.

 

For 2 of my hearings the representative solicitor did give me their form saying they were fit to act and were acting for..... but for 1 the solicitor just walked in and I had no idea who he was. Not sure if he told the court or not.

 

I think you are onto something but I am guessing that it will only cause a little fun and you can wind them up a little becuase of it, I don't imaging anything to change the course of your case will come out of it.....but I am very often wrong.

 

I just get the overwellming fear that when things like this are chased up through official channels, like using the Law Society, ICO or TS unless it is something major or there is a significant trend very little will happen.:evil:

 

I am trying not to be negative, just realistic.:-D

If I have helped click my scales....

 

Find my threads by clicking here

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Guest Battleaxe

I have been trying to think of an easy way to explain this to you.

 

WW has the authority by virtue of his job to act for all of the Cabot entities, whether as a Litigants friend or klegal representative. Hiring Hodsons, who are the inhouse legal eagles for the Cabot Group (from what I can gather, I could be wrong) is just confusing the issue.

 

We all know Mr W Wareing at MBNA he is the Senior Legal Assistant, but if they went to court they would get another law firm to represent them, BUT Mr W Wareing can continue to sign the documentatationm required for lodgement with the court.

 

I hope this simplifies matters.

 

I worked for the NHS, but in that role I also represented a certain Deanery regarding Post Grad education, which was not NHS, I also had a role to do with a certain Medical School, whose students I supervised; same person, same job title but able to sign for three entities by virtue of my position.

 

This would be the same for WW in the Cabots/Kings Hill set up.

 

Ah, what tangled web we weave.

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The only positive spin I can put on this is that you really have them rattled and they are pulling out all the stops but remember sometimes too many cooks can spoil the broth.. Imagine what a judge will make of them using all this power to attempt to destroy a mere Rogue Customer. You have right on your side and no doubt afew little surprises of your own. Keep your chin up, you have come all this way and at the end of the day you will wipe the smile off their overpaid faces. Dont forget they are supposed to know about the law. A judge will give you a wee bit of leeway against them.:)

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A Mackenzie/Litigation Friend is not normally a solicitor. WW, as he keeps telling everyone on his webpages, is a barrister by training though not by qualification. If he turns up at court and asks to speak then he should be asked to explain his qualifications.

 

Do you have a court date yet, TB?

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A Mackenzie/Litigation Friend is not normally a solicitor. WW, as he keeps telling everyone on his webpages, is a barrister by training though not by qualification. If he turns up at court and asks to speak then he should be asked to explain his qualifications.

 

Do you have a court date yet, TB?

 

What a supercillious fool. You cannot become a barrister by training or indeed by qualification alone.

 

A barrister is specialist legal advisor and advocate.

Only those who have passed all the qualifying exams and have been ‘called to the bar’ may call themselves barristers.

 

 

Called to the bar is usually done by the Lord Cheif Justice or the Attorney General. Ken asking him out for a pint in the evening is not quite the same. I think the term he is searching for is Barsteward. Something totally different. Im sure the Lord Chancellor's Office would be interested to hear WW's opinion of himself. Bet he dresses up in the wig and gowns:-D

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Pass the BVC, eat lunch at the INN 12 times and Barrister become shall you.

Then pupillage my potential young Barrister Master.

Training with a master or mistress with 5 years experience.

Pupillage is essential for all those who wish to practice.

 

Bar Standards Board

He didn't come looking for trouble, but trouble came looking for him.

When the smoke clears, it just means he's reloading.

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Could it be that WW has been a barrister in foreign parts, but is unable to practice here because he has not registered with the appropriate UK professional body?

 

Even if this is the case, he surely should not call himself a barrister in a country where he is not allowed to practice.

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Qualifying for the Bar

 

The Bar Standards Board oversees the three stages that must be completed to qualify as a Barrister and the process of transfering to the Bar from practice abroad or as a Solicitor in practice in England & Wales.

 

1. Academic Stage

Either an undergraduate degree in law (2ii minimum), or an undergraduate degree in any other subject (2ii minimum) and the one-year conversion course (CPE). Please see the degree/cpe section for further information.

2. Vocational Stage

The Bar Vocational Course, which can be completed full time over one year or part time over two.

Once you have successfully completed the BVC you will be Called to the Bar by your Inn. During the BVC year and before Call can take place you will also have to undertake 12 qualifying sessions (previously known as "dining") with your Inn.

Please see the BVC section for full information on the BVC, the Inns and qualifying sessions.

3. Pupillage

A one-year training period spent in an authorised pupillage training organisation (either barristers' chambers or another approved legal environment). See the Pupillage section for full information.

4. Transfer to the Bar

Qualified solicitors, qualified lawyers from other common law countries and legal academics are able to transfer to practice at the Bar. For further details please see the Transfer to the Bar section.

 

Looks like WW got to stage 3 ??? "ish" must be very frustrating to get that far and be waiting to get called to the Bar? Legal education is very expensive and very little amount of funding available for it etc...

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