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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.

      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.

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sean v Barclays


sean28
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  • 2 weeks later...

Hello every one, Just a quick update on my case:

 

Barclays had until this Sat to file a defence,which they have just done today. Being transfered to small claims court nearest to myself (Bodmin more than likely).

 

Got most of my court bundle organised already just in case, so may be back for some more advice.

 

Sean

Sean28

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First thing first.

 

CONGRATULATIONS TO WELSHMAN, nice early xmas present

 

 

 

 

 

Just had my letter from the courts transferring it to the Bodmin county court, and attached the N149 Allocation Questionaire.

 

Their defence is fairly the same as every one else's I have read like Welshmans etc. I will complete the form in the next day or so, but just a few quick questions.

 

1. With the section G part I have copied and pasted it from Welshman's thread, can I print this on to the AQ?

 

2. Have already compiled my bundle and just read some where about the number of pages, mine comes to 86. It only includes the relevant pages from my statements not all pages. Does this seem enough pages for a complete bundle?

 

3. Do I send my bundle in with my AQ or take it in with me if it gets to court?

 

Any help gratefully recieved.

 

 

Sean28

Sean28

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No need to send court bundle yet. This will be requested if you get a court date.

IF MY COMMENTS HAVE HELPED PLEASE CLICK MY SCALES

 

Don't be like the banks - give a little back

 

 

:D NAT WEST - WON - £4282.36:D

 

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Hello everyone, Just got back from handing in my AQ AND AS m4n said I didn't have to pay as my claim was for £1498 + court cost on top, so it was under the £1500 limit.

 

handed it in two weeks early so hopefully this will speed things up.

 

I've read a lot of threads over the months where people phone the banks to "talk" about there claim and to see how it is going, in th ehpe of settling early.

Is this awise thing to do and if so, at what stage of the claim should it be done. As of yet i ahven't been given a court date.

 

Bye for now.

Sean 28

Sean28

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Hi Sean.

 

I've heard contrasting results from people phoning there banks, and I think it depends on how far down the line in your claim you are as to the results. If you phone too earlier in the process, you may come across as being uneasy about the whole process which will give them more incentive to stick with the original offer they made.

 

I have two claims against Barclays, one at a very late stage and the other at the beginning (or was). They made an offer of 75% (well of the true claim as opposed to the submitted clam), and wouldn't meet me half way between what I wanted and what they were offering, despite them knowing that I had a court date with them! (I settled due to needing the money to pay for Xmas. Missus referred it to the Barclays involuntarily savings scheme.)

 

As for my original, first case, I'm keeping fingers crossed that they start getting in touch with me over the next four weeks (court date is due on the 23rd January), begging for a settlement figure. Now time to get everything together, including the court bundle just incase they decide to defend.

 

Anyone fancy a morning out in Northampton (home of MCOL). Refreshments will be provided - lol.

 

Nearly forgot, as for speeding things up, Barclays have and will drag thier feet as its not in thier interest to rush things. If you take my starting date as the 11 August, you're looking a six months from start to finish.

"The instant you open your mouth to describe a problem you can't fix, the solution you need will occur to you!"

 

Claim against Barclays 1.

Settled in full - 17th January 2007.

 

Claim against Barclays 2.

Settled at 75% of offer - cash required for Xmas.

 

Claim against Smile.

Settled in full, without MCOL involvment.

 

Claim against MBNA.

S.A.R. - 18th September 2006

Pre Lim - 24th November 2006

Damm, forgotten about this one!

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  • 4 weeks later...

Hi everone. Not been on over the Xmas period as awaiting a court date.

 

A belated Happy New Year to All.

 

Just received my court date through the post this morning, and have been given the 1st March. No real problems with that but he notice has a something in it that I've not heard about on other threads and it is in capital letters so it must be important,

 

It says: PLEASE NOTE: THIS CASE HAS BEEN ALLOCATED A SECOND FIXTURE LISTING. pARTIES SHOULD BE AWARE THAT SHOULD THE FIRST FIXTURE LISTING BE EFFECTIVE, THIS CASE WILL NOT PROCEED ON THE ABOVE DATE.

 

Q: Is this standard or not and what does it actually mean?

 

Q: I have my court bundle already but when is the best time to send?

 

Q: When if at all is the best time to phone the bank to see if they wish to settle?

 

if somebody could help and answer these I would be very much grateful.

 

Sean28

Sean28

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Hi Sean.

 

The capital letter part of the court request looks as though the courts are finally waking up to the fact that many of these cases (if not all), never actually make it to court. so they may have double booked the court room in the knowledge that if the first case is settled early, the chances are so will the second. Thus they have cleared two cases in the space of one hearing allocation. Who knows, perhaps someone has been told that they are third in the line for that time slot, and are told that if either of the first two are effective then expect a new date.

 

You can send the court bundle when they request it, they normally will give you a date by which any documents relating to the case must be submitted. Otherwise the case is thrown out. Better be earlier than pannick like me.

 

My court date is/was for the 23rd January and I've just received a letter through today, the outcome will be posted on my thread! You could try emailing Ms Connelly (PM me and I'll give you her email address) as a starter. I never got any phone calls....

 

The end is nigh for your case, and soon you'll be able to put this thread to bed!

 

HAPPY NEW YEAR.

  • Haha 1

"The instant you open your mouth to describe a problem you can't fix, the solution you need will occur to you!"

 

Claim against Barclays 1.

Settled in full - 17th January 2007.

 

Claim against Barclays 2.

Settled at 75% of offer - cash required for Xmas.

 

Claim against Smile.

Settled in full, without MCOL involvment.

 

Claim against MBNA.

S.A.R. - 18th September 2006

Pre Lim - 24th November 2006

Damm, forgotten about this one!

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  • 2 weeks later...

Hi Sean

 

Glad to hear that your court bundle is being sent off, both to the bank and court. This is the final hurdle at which people could have tripped up on, for instance, if they failed to submit on time. Barclays will now know that the only thing between them and an appearance in court is time. But they will leave it till the last minute before sending you a letter to say here you go, heres all the money you asked for.

 

When they do (since it won't be a case of if they do), take your time, make sure the money is in your account before you inform the courts of an agreed settlement. Also cross out any part which mentions about not telling anyone of the details of the settlement. I did and they still paid up, but to be on the safe side, make sure the money is in our account before you mention anything on here.

 

At this stage it simply becomes a waiting game, but you will in the end, win and that is the main thing.

 

Regards

"The instant you open your mouth to describe a problem you can't fix, the solution you need will occur to you!"

 

Claim against Barclays 1.

Settled in full - 17th January 2007.

 

Claim against Barclays 2.

Settled at 75% of offer - cash required for Xmas.

 

Claim against Smile.

Settled in full, without MCOL involvment.

 

Claim against MBNA.

S.A.R. - 18th September 2006

Pre Lim - 24th November 2006

Damm, forgotten about this one!

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Hi again, thanks for the support, it felt quite good actually posting the bundles off, and knowing this is nearing the final home straight. As you say just a case of waiting for a response.

 

Court date is booked for 1st March, so I'll give it to mid Feb before I start thinking of contact with them.

 

Will keep you posted.

 

Sean28

Sean28

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  • 3 weeks later...

Hello, every one

 

Been away from here for a littkle while. My court date is fast approaching on the first of March, at what date should I contact Barclays or should I wait for them to contact myself.

 

Thanks in advance Sean28

Sean28

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Thanks for your opinion, I have since received a call from a charming lady called Mrs Chambers, as my claim was for £1498 + 120 cost, I was offered £1467. She said that there was some discretion within my calculations and the figure was about £157 less than mine.

 

As I can't be sure of the correct interest levels used I swayed it to thinking of taking the offer. I will be phoning her agian.

 

Any thoughts please.

 

Sean28

Sean28

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