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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Please Help, Im getting scared!


Phh Bear
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Hello,

 

I have not posted on here before but have been reading for a few months. I now feel the need for some trusty advice and guidance as im a bit stuck and worried.

 

Basically i started a claim through money claim online against HSBC for just over £1000 worth of bank charges which were mainly due to overdraft charges. They defended the claim and my local county court sent me a Judgement Order for a schedule of the charges that had been taken from my account, i sent this to the court and to HSBC, two weeks later i have recieved a Notice of hearing for an Allocation / Directions Hearing on the 11th July for a ten minute hearing.

 

My questions are:

 

- What do i do from here?

- Will HSBC go to court?

- Do i need a solicitor?

- What happens if i dont go, will i be fined or anything?

- If i go and loose do i have to pay anything?

- What is the latest i can pull out of the hearing?

 

Any replies will be greatly appreciated, i know you have probable answered them all before. I have trailed through alot of threads looking for answers.

 

Rachel

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pull out lol - no pulling out - you have paid your fees and you wont lose hsbc wont turn up in court.

 

now things for you to do nudge dg solicitors telling them of the court date and you would prefer to settle blah blah a letter for this can be found in latties thread here (a schedule needs to be sent with the letter)

 

also start looking at the court bundle on your letter from the court they would have asked for this 14 days before the court hearing probably so you need to action this very soon take a look at this thread by lattie and start sorting the court bundle

 

the bundle and letters to dg should be sent via recorded delivery the court bundle is about 200 pages long and this needs to be done in triplicate 1 for you 1 for dg and 1 for the court.

 

if you need any more help with this im sure lattie or a mod will help you - they know alot more than me and can help in ways i cant.

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pull out lol - no pulling out - you have paid your fees and you wont lose hsbc wont turn up in court.

 

now things for you to do nudge dg solicitors telling them of the court date and you would prefer to settle blah blah a letter for this can be found in latties thread here (a schedule needs to be sent with the letter)

 

also start looking at the court bundle on your letter from the court they would have asked for this 14 days before the court hearing probably so you need to action this very soon take a look at this thread by lattie and start sorting the court bundle

 

the bundle and letters to dg should be sent via recorded delivery the court bundle is about 200 pages long and this needs to be done in triplicate 1 for you 1 for dg and 1 for the court.

 

if you need any more help with this im sure lattie or a mod will help you - they know alot more than me and can help in ways i cant.

 

Thanks alot!! I have now sent my first nudge letter. The court never asked me for anything 14 days before hand, i just got the notice of hearing but im working on this now to send in ASAP.

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before you do ring the courts and ask them if it is needed and when its required for submission get it in a few days before the date they require it.

 

Ok i will ring them now and ask the question! :confused:

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I have called them and they said i dont need to take anything other than what i have submitted already to the court which has only been the schedule of charges and the claim through MCOL. They said this is just for the judge to make a decision and he said it is likely it wont even get to court?!

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There are a few of these directions about at the moment, I think the District Judge is just seeing if DG will show up, if they dont I would think its likley he/she will strike out their defence.

 

DG will make you an offer before your court date but in the unlikely event they dont I would take your correspondence and a copy of your schedule to scribble on in case your judge wants to chat about your claim but I doubt you will be with the judge long at all.

 

Have a read of the end of this thread, this is the only person I know who has been to court, the judge asked if he had any trouble parking and wrote a strike out order against DG

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/56051-nooey-hsbc-court.html?highlight=nooey

 

pete

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Thanks castlebest i have read that and got me a bit more motivated for the hearing. I sent a nudge to DG on the 18th June and heard nothing back as yet, when should i send another one?

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Nudge every 10 days. You can always give them a ring nearer to your court date and just ask if they will be attending and tell them that you will see them there! It might just do the trick. Either way they will pay up in the end!:)

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Guest ConsumersRevenge

i bet you £10 even the worlds local bank is not so local to turn up at the court.

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DG?

 

they thrive on delaying you as much as possible to put you off.

They will pay up, they always do.

There has even been tales of the full settlement letter being shown to a customer just a few weeks into the claim.... its just a game of chicken!

chin up PB... you are at the last hurdle :-D

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Still no reply to my nudges and i have sent two! One week today till court case, i am getting bit scared now, really hope they dont turn up! If they do i will die! :confused:

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If they do i will die! :confused:

no you will not, you will win! ;)

 

It is very likely your offer will be very soon.

And very unlikely they will turn up in court.

Being prepared will calm your nerves a bit, go over the arguments. You are in the right, HSBC are in the wrong... they have taken this money from you unlawfully.

 

stick in there PB... we are rooting for you!

 

Crusher :-D

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Thanks, i am going to start pulling all my bits together over the next week so i am prepared for the worst. I feel like iv just blagged my was through it all up to now, what happens if i dont know what to say in court or dont have the correct info. Is there a link i can look at to check i have the right stuff to take along?

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Hiya Phh, I've only ever seen one person who actualy went to court, the Judge asked him 3 questions.

  1. Did you have troubble parking (true)
  2. Have you heard from DG
  3. Has this cost you anything

The Judge then ruled in his favour... he won

 

Do a search for Nooey

 

pete

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Hi, I'm new to posting but have been reading the site for a while. I've made a claim against HSBC for £440. No response. I took them to court and claimed £490 (inclusive of the £50 moneyclaim fee) and they offered me £420.

 

I turned it down, telling them that had they responded promptly I wouldn't have taken it to court and wouldn't have incurred the £50 court fee.

 

Next I hear I have a `Notice of Transfer of Proceedings' to my local court. Do I need to respond to this and will I hear separately of a date or should I contact the Court?

 

The bit about filling in an allocation questionnaire has been crossed out - does that mean I don't need to fill it in?

 

As you can tell I'm getting scared now and think I should have accepted their initial offer of £420

 

HELP!!!!

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Never guess what..........got in last night to a letter from DG offering a full refund, wooooohhhhooooooo!!! Of course i am going to accept and not go to court, stress over!!!

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