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


marmite-girl
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Hi Marmite Girl,

I am at exactly the same stage as you with Abbey. They filed a bog standard proforma defence for my claim. So i served a CPR Section 18 notice (Look else where on this site for details) which essentially REQUIRES them to provide full details of my account and all charges and how they were calculated etc. They have 14 days to respond to this, as I need it to redspond to their defence, or I can ask the court for an order.

 

That should really get things going!

 

If you are not sure about it take a look at my thread.

 

Westy1

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Hi everyone

 

Well.. after sending in my counter-offer (and giving them til the 6th to respond) I heard nothing! I could see that the email had been read, but no response!

 

So - its now time to seriously think about my court bundle.. I have until 27th July to get it in!!!

 

PLEASE can someone just give me a few nuggets of advise as to where best to look at what to put in it!!! Do I need to copy ALL statements from the past 6 years.. or just ones with charges on?? I'm sure its all one here somewhere.. but a few words of wisdom will calm my tiz and get me on the right track! Off to the stationery shop today.. then will start my long stand at the copier!

 

Is the bundle really huge.. like, lever arch file size, or will the normal ring binder size suffice.. so many questions at such an early hour!

 

Any help much apprecaited at this stage. Also - does anyone suggest emailing or ringing (not rung before.. onyl email!) Inga one last time?? or am I just waisting my time??

 

Thats it for now.. hope everyone else is moving on a bit x

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Morning :)

 

Have you been dreaming about this all night?!

 

Seriously, I am not at this stage yet, but will help if I can.

 

As far as I know it is just the statements with the charges on that you need to include.

 

I don't know how big the bundle is, but maybe in these links it will give you some guidance:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

Sorry if you have already read these. :o

 

I would suggest you do not telephone Inga & Co.; stick to emails as these are evidence of your settlement attempts. Have a look at ICY's thread - he sent a great email recently which you could adapt - I am sure he won't mind!

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

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Thanks Jo

 

I did have a sleepless night, having nightmares about this bundle lark! the date I need it in by is 27th.. so I need to get a wiggle on.. and stop hoping that Abbey offer a decent amount before then!

 

Contact with them is really hit and miss.. my first offer came through within 4 minutes of me sending the email... but since my rejection, Ive heard nothing!

 

Will have a good read through the links (thanks) and get my head into gear and get started.. kicking myself now that I have hung on to do it, should have done it as soon as i got the court date!

 

Grrrrrrr

 

Thanks again x

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marmite...........

 

you only need to copy those statements with charges on. As to the size of the bundle.mine ran to 242 pages, but then they owed me a lot of money, and I made the mistake of not doing double-sided copying of the statements.

 

I managed to fit mine into one of those plastic wallet jobs you can get, put a nice front page on it quoting my case number in big letters and the thing that took my time was the page numbering for the index.

 

I know it sounds odd.......but actually it's just a load of work, without being too complicated...............go to the basic bundle link and just print everything off...92 pages i seem to remember...........I then copied the lot twice. The other thing is........don't try and understand it all. The summary of case law page is useful as an aide-memoir, but the rest is just so much paper;)

 

 

 

 

also................get going with it asap girl....abbey won't pay up until they've got it in their hand, adn they certainly won't pay costs without it...................so a** in gear time

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 would suggest you do not telephone Inga & Co.; stick to emails as these are evidence of your settlement attempts. Have a look at ICY's thread - he sent a great email recently which you could adapt - I am sure he won't mind!

 

Best regards

 

Jo xx

 

 

Of course i dont mind;)

:madgrin:

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Ok - got my a** into gear (she thinks) thanks charley for the boot i needed!!

 

Called in a staples this morning (other stationery shops are available!) got stocked up for the stuff I need for my bundles!

 

Give me a slap someone.. have just looked at some of the stuff on the Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary link.. and nearly had a kitten.. for some reason this bit just isnt going in!

 

Im getting my knickers in a bunch now and just need some guidance!

 

Im usually a confident person with a hint of intelligence.. it just seems to have gone out of the window with all this bundle talk!!

 

boo hoo x

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Hi marmite

 

Maybe me being thick here, but I dont really understand what you mean? Are you having trouble with the link, or what is in it?

 

Let me know and I will see what I can do to help.

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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Hi Jo

 

No - you arent being thick.. thats me!!

 

I've downloaded the court bundle for CAG from this site.. and realise, from the index that i have to put in all correspondence, charges and statements.. then all of the other bits which are supplied.. but do i have to put other things in?? like the Examples of Witness Statements / Disclosure by List / Draft Directions / Case Summary bits..??

 

Im sure im getting in a tiz over nothing and when i get my head round it and actually start doing it i will be ok.. but i just dont want to mess up at this stage!

 

i just want to be methodical and get it done in the right order in the time i have left.

 

be brutal with me.. kick me up the a** and get me back on the right track.. please!!!

 

marmite x

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Hi again

 

Proabably me that confused you, poor thing!

 

It all depends on what was actually asked for in the order - if it does not state that you specifically need a witness statement etc., then it is my understanding that you don't need to include these. But I am not at this stage yet, just been reading loads to while away the time (how sad!), so my interpretation may be wrong.

 

By the way you're not thick either!! :)

 

Best regards (and don't panic!)

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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ok

 

having just looked at the order (which came from Northampton) before it was transfered to my local court, the only thing it states is that th allocation questionaire be dispensed with.

 

then.. on the notice i got from my local court i got this:

 

District Judge Reeves has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

 

The hearing will take place on 10th August 2007 blah blah blah and should take no longer than 1 hour.

 

The court must be informed immediately if the case is settled by agreement before the hearing date.

 

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 at the hearing no later than 14 days before the hearing.

 

The original documents shall be brought to the hearing.

 

And that was it.. all that was in the envelope was that.. and a booklet on mediation!!

 

Not sure if that sheds any light on it!!

 

Also - with regards to the 3 copies of bundles.. can i just use the original documents in mine or do they have to be copies in all 3??

 

Oh blimey.. there I go again!

 

The worst thing is.. Abbey wont even submit a bundle, Im sure.. so all this flapping is for nothing!!.. well.. not for nothing.. but you know what i mean!

 

Marmite x

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Hi again

 

Oh, I am really not sure on this, but I think you need to do a Witness Statement as per the example, chronicling the events from the start to now. You could also include the spreadsheet of settled cases, as proof that Abbey are abusing the process and have no intention of actually going to Court.

 

Maybe the great CF ;) or someone else will come through with specific advice on what you should include - I am struggling a bit on this one, sorry :o

 

As far as the 3 bundles go, yes, you can use the original documentation in yours without doubt.

 

And yes I know what you mean - make sure you keep those receipts and log all the wasted hours to hit them with too!!

 

Sorry I can't be of more help.

 

Chin up :)

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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thanks Jo

 

most helpful.. i guess the more info i get the better really.

 

going to start on it tomorrow night.. after spending tonight reading up on as much as i can again on here.

 

ive just eaten a whole packet of cookies... the stress is making me eat!

 

thanks again

 

C x

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Right - with the invaluable help of charleyfarley im ready to rock and roll with my bundle, got it all fairly clear in my mind and am going to set about starting it tonight.. my goal is to have it all done and dusted to get in the post on friday evening!

 

will let you all know how i get on!

 

thanks to everyone for all your help!

 

Marmite x

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Yipeeeee - Bundles DONE!!!

 

Wasnt going to bed until they were done! Going to deliver the one to the courts by hand, probably tomorrow. But now wondering which address do I send the one to the Abbey? Any ideas anyone please?

 

Also - what do I now do about claiming the costs back for preparing the bundle, or does that depend on the stage it gets to before Abbey cough up?

 

Hope that makes sense... and advice much apprecited.

 

YIPPPPPPEEEEEE I got me three bundles! Thanks to all those that helped me get my knickers out of a bunch and get it sorted. It really want that bad, once I got going.

 

Thanks to all! x

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Hi Marmite

 

Well done you!!:)

 

The advice I saw from a Mod yesterday was to send the bundle to the Solicitors:

 

Ashurst

Broadwalk House

5 Appold Street

London

EC2A 2HA

 

As far as costs go, I am not too sure; I know you should set up a spreadsheet or similar logging all the hours, costs for postage, stationery etc. Have a look here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

Hopefully that should give you the info you need.

 

Looking forward to the next developments!

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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Just rang Ashurst to make sure it was ok to send my bundle to them.. I asked who I should mark it for the attention of, was then asked who I had been dealing with, told the very nice receptionist Inga Kirkman and the receptionist burst out laughing.. saying 'oh yes, we have an Inga Kirkman here, she is one very busy lasy' - we exchanged a few titters and then I went on my merry way to the post office!

 

Of course, nothing runs smooth.. THERE IS A POSTAL STRIKE!!! managed to work out if i sent it special delivery it wouldnt be sat in the sorting office for 24 hours - so took that option!

 

Just wait and see now I guess.. on my way to drop the bundle off at the court tonight on my way home.

 

Is it worth emailing Inga and telling her its on its way.. or just sitting tight for a bit?

 

cheers everyone x

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AAARRRRGGGHHHH - posted off my bundle yesterday.. then hand delivered the one to the court.. got back to find an email from Inga (at 6.38pm!!) saying if I wanted to discuss settlement to ring Clare Fletcher!!

 

How very rude!

 

I hae given Clare a ring, as per the number Inga gave me, it was the voicemail for Ronan!! Anyway, rang main switchboard and got put through to Clare's voicemail, left a message for her to contact me.

 

Im sticking to my guns now though.. its the full amount, plus my court fee.. or I will see it through and get the lot, plus bundle costs etc.. I'm having none of their measley offers - I have done my bundle now, so I'm all ready to go to court! Grrrrr.

 

Will see if this Clare bird rings me back.

 

Marmite x

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Me again!

 

Finally got to speak to Clare... went through the case with her and she suggested in a bid to keep it going to court how about £2400.. I said.. how about £2800 and she seemed horrified.. saying "thats 100% settlement, its not heard of, its not commercially viable and there is no way I would get that back!".. I said.. "ok, its not a problem, the court case is on 10th August, I will see you then love"

 

Stuff it.. ive had enough of them! I hope I have done right in sticking out for the full amount and not shot myself in the foot.. but I am willing to see it through to court and I will get my money back, one way or another.. plus extra for bundle costs - they were warned!!

 

Is it just me or are they doing this to anyone else?

 

marmite x

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m-g,

 

you're nearly there hun...............they'll be back to talk to you again next week.............and this time they'll settle:p :p

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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really? without prompting?? I do hope so!

 

I have resigned myself to the fact that im in for the long haul.. so if I can actually get the full settlement out of them before going to court, that would make me one happy marmite bunny!

 

Whenever it happens.. there will be one tidy donation going to this site.. without the help of everyone on here I would have fallen at the first hurdle!

 

Marmite x

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m-g,

 

you must get your cb done this wekend............it'll be worth around £200 in wasted costs to you.......ready for when they ring you up on monday morning to say....."we've decided in the interests of commerciality to settle your claim in full!"

 

how would you like paying? in jars of marmite?;)

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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