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    • 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.
    • 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.  
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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.

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walton v rbos


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Good!;)

 

So, do you think you'll appeal? I know that you must be feeling a little 'raw' but do you have any plans?

 

Wxxx

 

Stitched up thats how i feel.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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A different day a different judge who knows.

 

 

Having read the thread and the scanned documents Paul, I have to agree with that statement. So sorry it didn't go your way - you have showed guts and determination that are an example to us all.

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Awww Paul I'm so sorry for you mate .. it's really shi**y that you didn't get a chance to see this defence before the trial as I'm sure with the help of the mods u coulda prepared a fantastic reply.

 

Pick yourself up, shake yourself off .... have a few bevvies 2nite & contemplate your next course of action .... Think u need some help with an appeal so HOT to blow this one straight outta the water.

 

Dunno what else to say for you except Good Luck with your appeal!

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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the defence only received the documents on the 10th it seems the kings chambers of barristers drafted them up. I agree, with help, i could have prepared a better response and got a full hearing.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest willowb

I can't believe that the Judge didn't allow this case another hearing given the fact that you were not given all the docs.

 

 

You may or may not appreciate this but........

HIG HUGS Paul:) whatever you decide to do, there will be more of us subscribed to it now!!!! LOL

 

Wxxx

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Thanks for all your support, it just goes to show that we're all in this together, and hopefully we learn from this.

 

Paul

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I

HIG HUGS Paul:) whatever you decide to do, there will be more of us subscribed to it now!!!! LOL

 

Wxxx

 

Hey Willow what's one of them!? Is it a big hug but a bit different if ur wearing spotty pants or have u been on the vino again?! ;-)

 

Hope ur feelin a bit betta Paul ... I'll send a HIG HUG (whatever it is) outta my window for u ... shouldn't take long to get to u as I'm not that far away!

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Paul

 

Truly feeling for you.

It could be any one of us in your position right now .

 

I've just read your thread from the beginning and just by reading your words it's easy to see how determined and focused you are.

 

Shattered today...

 

maybe hot headed anger tomorrow...

 

But you have got the fire and the guts to pick the reins up on this again.

 

Deepest respect and best wishes to you Paul

 

Hope xx

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Guest willowb
or have u been on the vino again?! ;-)

 

!

:o :o :o Oh you are good!....very good!!!!:p hahahaha

 

Wxxxxx

Poor Paul, I bet you don't know what's hit you having us lot on your thread....but when it's serious....we are too!!!!;)

 

 

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Paul, this kind of thing makes my blood boil. How can they be allowed to get away with springing this on you just as you were about to go in? Particularly in light of their comments in para 2! It doesn't sound as if you could have done any better with a judge like that, and I think you did a tremendous job.

 

Having read their document I think they were really struggling to put forward an argument against your mistake (paras 17 and 18]. These seem very weak arguments to me.

 

Anyway, I'm sure you need a bit of time to get over this and its not for me to start suggesting that you should carry on after what you've been through (although you will be supported I am sure if you do decide to appeal). Can I just give one tiny criticism? I had no idea you had this hearing coming up until this week when you mentioned it. If you do go back for more, PLEASE ask for more help with it. You seemed to keep this all to yourself, I'm not saying we could have changed what happened at the hearing, but if there is a chance of undoing this it makes sense to get lots of ideas and help with it.

 

I'm sure everyone here will be behind me in extending a very much deserved group hug. WELL DONE for having the courage that was needed to take them on, never mind what happened, they are IN THE WRONG and they had to STOOP TO DIRTY TRICKS to get this past you.

 

Candles%20and%20group%20hug%208x12%20300%20dpi.jpg

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I think the barrister must have been on some kind of bonus because the ammount of effort he put into stinging me for costs was embarrissing, i quote, if mr Walton had sought advice from local solicitors 99.9% would have made it clear to him that the claim was doomed, therefore he acted unreasonably, he also caused an adjournment by springing a document on the defence whithout submitting it beforehand, the defence also stated that the application to strike out was made before the allocation to small claims so costs should be awarded.

The judge made no order for costs.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest willowb

That's all it's about though isn't it? not somebody trying to get his/her life in order and fighting for what they believe is right and incidentally what the Law is conceivably telling them is right, NO it's about money....money....money.....sorry, forgive me......too much wine!

 

I'm so glad they didn't get away with stinging you for costs paul, at least that's something!

 

Wxxx

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The fact that there's a number of people veiwing this thread i would like to draw attention to the CCJ. A number of months before i issued the claim i wrote to the credit management department for a statement of account.

 

Since 1998 theres been no correspondance what so ever apart from my monthly payments to reduce the debt.

 

So to receive a statement of account that had grew not reduced was frightening, furtheremore the bank had been applying interest at £400.00 per qaurter.

 

When i contacted the bank asking why the interest was being applied they revealed, wrongly, that the debt had never been subjected to a CCJ so interest would still apply, i then rang Manchester County Court to see if they still had records of the CCJ, apparently the court remove all records after 6 years.

 

After much searching i found the original judgement (big relief) and got in touch with the CAB who then contacted the bank on my behalf, suprise suprise the bank revealed they had set the account up wrong, and would alter to suite.

 

I don't know how wide spread this is but i've had 2 pms with people in the same boat, but unfortunatley have no proof the debt was a CCJ. Now thats what i call shafted.

 

Paul.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest ian cognito

Paul, firstly can I say I'm gutted for you, and while my sympathy (and that of others) is heartfelt, I'm hoping that some of those who have been so healthily debating these issues will be along in force with some ideas to turn this around.

 

How long do you have to appeal this decision? I am currently at the start of this very same process (SAR stage) and if I can do anything differently that may help you (and others) out than please let me know.

 

I am thinking there is a method here by the bank and perhaps it would be good to find out exactly how many people the bank have 'set up the account wrong' for, have they now removed the interest from your account and has the debt been paid in full?

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Paul, firstly can I say I'm gutted for you, and while my sympathy (and that of others) is heartfelt, I'm hoping that some of those who have been so healthily debating these issues will be along in force with some ideas to turn this around.

 

How long do you have to appeal this decision? I am currently at the start of this very same process (S.A.R - (Subject Access Request) stage) and if I can do anything differently that may help you (and others) out than please let me know.

 

I am thinking there is a method here by the bank and perhaps it would be good to find out exactly how many people the bank have 'set up the account wrong' for, have they now removed the interest from your account and has the debt been paid in full?

 

Hi Janquinny, no the debt is still ongoing and will take a number of years before it's settled, the answer to your second question is no i requested a statement about 6 weeks ago and the interest is still being added.

 

If the bank continue to say the debt has never been subjected to a CCJ and i think i'm the only one that can prove it, i may just play them at their own game, i know they don't have the original signed agreement because i've made 2 SARs and CCA requests, and we all know that a debt is unenforceable whithot a signed agreement.

 

You have 14 days to appeal.

 

Paul.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Guest willowb
£400.00 per qaurter.

 

.

:o :o :oHow much????

 

the bank revealed they had set the account up wrong, and would alter to suite.

So, what does that mean? that they'll refund the interest? If they refunded the interest since the CCJ was put in place would it clear the debt? we are talking 9 years of quarterly interest of £400 aren't we?

 

Hummmm the CCA issue....been thinking about doing the same with our Abbey Loan which is defaulted....just taking it all in!

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:o :o :oHow much????

 

 

So, what does that mean? that they'll refund the interest? If they refunded the interest since the CCJ was put in place would it clear the debt? we are talking 9 years of quarterly interest of £400 aren't we?

 

Hummmm the CCA issue....been thinking about doing the same with our Abbey Loan which is defaulted....just taking it all in!

 

My payments are reducing the debt, it wouldn't be a case of refunding the interest just removing it.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Paul, this kind of thing makes my blood boil. How can they be allowed to get away with springing this on you just as you were about to go in? Particularly in light of their comments in para 2! It doesn't sound as if you could have done any better with a judge like that, and I think you did a tremendous job.

 

Having read their document I think they were really struggling to put forward an argument against your mistake (paras 17 and 18]. These seem very weak arguments to me.

 

Anyway, I'm sure you need a bit of time to get over this and its not for me to start suggesting that you should carry on after what you've been through (although you will be supported I am sure if you do decide to appeal). Can I just give one tiny criticism? I had no idea you had this hearing coming up until this week when you mentioned it. If you do go back for more, PLEASE ask for more help with it. You seemed to keep this all to yourself, I'm not saying we could have changed what happened at the hearing, but if there is a chance of undoing this it makes sense to get lots of ideas and help with it.

 

I'm sure everyone here will be behind me in extending a very much deserved group hug. WELL DONE for having the courage that was needed to take them on, never mind what happened, they are IN THE WRONG and they had to STOOP TO DIRTY TRICKS to get this past you.

 

Candles%20and%20group%20hug%208x12%20300%20dpi.jpg

 

Bong, the court directions order was for the defence to reply before the 18th Dec, beleive me if they had complied with this you would have known about it.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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