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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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BLS No CCA but still demanding payment


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They'll probably act with all of their powers and not respond, or turn up.

 

It's the way of the DCA and it should be clamped down on.

Take the debtor to court, if they don't defend they win, if they do, then we just wont do anything and at the very least we've caused some distress.

 

Failure to produce should carry monetary penalties

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ok thats not unexpected to be honest,

 

well, if it does go before the court,and as Spamheed suggests they dont turn up, i suggest that you have a wasted costs order up your sleeve for your costs incurred by their unreasonable behaviour along with a request that the court declare the debt unenforceable byway of s142 CCA 1974;)

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Can i ask, if you are defending a claim is this like a ccj whereby your defence is all written or would would you be actually required to appear (even if not in a court loacl to you)

 

I am getting very scared as they have now defaulted and commited a criminal offence but i have not heard much but each day i live in fear of the postman

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Can i ask, if you are defending a claim is this like a ccj whereby your defence is all written or would would you be actually required to appear (even if not in a court loacl to you)

 

I am getting very scared as they have now defaulted and commited a criminal offence but i have not heard much but each day i live in fear of the postman

 

well

 

lets not forget, if you file a CCA request, they fail to comply and you then cease payment

 

there is a high probability that sooner or later a N1 court claim form will drop on your matt

 

now if the cca is invalid, you can defend it quite easily

 

however if you ignore it and bury youre head in the sand then they will win by default

 

now, in answer to your question

 

you file a defence to the claim in writing, however when the hearing takes place, and there is no guarantees that a hearing will take place as the claim can be struck out at any point, if the hearing happens you will have to attend for sure

 

regards

paul

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Hi,

I've just been reading this thread from the beginining. And it has made ME extremely nervous! I'm wading through several debts at the moment and dealing with LOTS of nasty talking, bullying DCA's! I just found this website the other day and can't believe the number of people just on here who are also dealing with these DCA's. You always just think it's just you!

Anyway, I'll keep watching with my fingers crossed for you!

All the best...

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Cheesepie, once you have got your rights clear in your head, and their lack of rights:p, you will actually find that DCA baiting is the latest sport. As ODC says there are many of us who have been there and are only too willing to help others.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 2 weeks later...

TAKE NOTICE that the Case Management Conference will take place on

xx February at xx.xx pm

at my local court

When you shouls attend

20 Minutes has been allowed for the Case Management Conference.

 

 

That all is says.

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Poker Mad,

 

BLS are actually Lloyds TSB (u prob knew that) and not an outside DCA.

 

I am having fun and games with these people. I wrote to tsb for a cca and my statements.

 

Found out they had charged me over £600 in PPI which i NEVER signed on for. Then they say they sold it me in good faith and can see no wrong doing. Still had no CCA response 2 months later. Asked for a signed agreement for the PPI as i know i never took it coz i never do.

 

BLS respond to inform me i have breached my repayment agreement and i have 7 days in which to...blah...blah....blah.

 

But i can't believe they have the nerve to say I had breached!?!? They have broken the effing LAW but they will not acknowledge this or anything else i have to say. They are blinkered and can only see their objective. Relieve people of money

 

Good luck with this

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Hi there

 

Basically, the case management conference is exactley that

 

there will most likely be directions as to who must do what by when

 

so its key importance that you ask the judge to order they disclose the requested documents etc

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  • 3 weeks later...
Monday 19th Feb, can't wait. I have to take day off work just for a 20 min hearing.
well make note of the time it costs you, then if/when you win you make their solicitor extremely happy by submitting an application to the judge for costs, i think the rate for a LIP is 9.25 per hour in prep work so you could ask the judge to consider the time its taken you to research the legal issues in this case etc
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Can you claim costs for responding to all the threats from DCAs or can you only claim time from when the N1 claim form is issued?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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I would say no, the judge would view it as unreasonable to award you pre litigation costs,

 

and that is why i wouldn't consider going for it. TBH i would see how the land lies with the judge before asking to award costs anyway, especially if he has just written off a few grands worth of debt for you;)

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Fair enough. I wouldn't ask the judge either if he had just written off the debt, unless the other sides legal team had annoyed the court as well.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Is there any advice you can give about what info I may need in court? My plan at the moment is to take copies of the letters i sent SC&M asking for them to supply info along with the proof of postage. And also the nice letter informing me that judgment had been awarded against me and that I should pay up.( red faces all round) I also have a case against lloyds tsb for bank charges(which is stayed of course) SC&M really like writing to me about that case but not this one. I wonder if they have realised that they are dealing with me over 2 cases, it will be a double blow if i win both.

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Hi Poker Mad, Did you ever manage to get any letters to BLS signed for?

The reason I'm asking is because I think I've discovered a fake address [problem] they're pulling and I don't know if it may be relevant for you in court or not.

I've been in touch with the Royal Mail who are trying to trace a special delivery letter I sent to BLS at the address given on all the letters I've ever had from them. PO Box 467E, OXFORD, OX4 1WA.

 

It turns out that this is neither a real PO Box number nor a real postcode. They get round this by having a redirection in place, presumably to a vaild address. Somehow or other they still get their letters, but manage not to have to sign for them.

This doesn't sound exactly legal to me, but maybe someone with better knowledge of the law will know better.

Good luck, Patma

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