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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
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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?      
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    • 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  
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Candels v Barclays


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hi there

 

ive just got a letter from the court advising me that my case has been struck out. this is what it says

upon the courts own motion. The court has made this order of its own initiative without a hearing, if you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving this letter has dare 08th sept 07

second page says

 

district judge Duerden sitting at tenters street bury lancs considerd the papers in the case and orderd that

1) the claim be struck out as disclosing no resonable grounds for bringing the claim

2) beacuse this order has been made by the court without considering representaions from the parties, the parties have the right to apply to have the order set aside , varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within seven days of service of this court

what does this mean????

i did send the AQ in time but it was tight. the form they sent me was the N150 form i filled in even though im claiming £2238.14

 

i followed the instructions to fill it in on this site.

 

i thought i went through the correct channels

 

what do i do now pleaes help me today

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eekkk i think this is where i messed up big time, i filled this in before i read there was templates for this and just used my own limited words completely. im so embarassed.i wrote to barclays on the 28.02.07 making a mountorgginal request for payment in settlement of my claim of £1905 and £333.14 in interest. I recived a letter on the 31.03.07 with an offer of £1430 as a good will gesture. So wrote back on the 01.04.07 informing them that i will except this as a part offer untill i receive the full and intend to take the to court within 14 days i i dint here anything back. I am claiming 6 years of bank charges starting from the 19.09.01till today.ive messed up havnt i can i do anything to resolve this. i know what ive done now oh my god how stupid am i. will i have to start all over again from scratch?

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Candels,

 

I know there's a thread that'll help - not sure but think you can file a new POC for a small fee.

 

I'll be back, Slick

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We could do with some help from you

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thanks i think ive found one, i have too fill in a n1 form and ive found a barclays poc so that as well with a spread sheet,

 

do i just send 1 of each to the court, and keep 1 for my salf and 1 for the bank?

 

You can download the N1/N244 form online.

Shout if you need the link.

 

Yes, one copy each.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Candels,

 

Looks like you need to follow the process in the "Amending a Claim" section and do a form N244 which you can get from the link.

 

You then need to use the latest Barclays POC's - http://www.consumeractiongroup.co.uk/forum/barclays-bank/107635-new-poc-barclays.html

 

If you haven't put all your bank charges onto the CAG spreadsheet, use this and make sure you fill in full details for each charge - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

This updates the interest figure each time you access it.

 

Slick

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Candels,

 

I'd go to the Court and explain at the Counter that you started your claim without adequate help. Now you've got it, will they accept Form N244 with your payment and the new documents.

 

Take 3 sets of new docs to Court - they'll tell you if they will send copies to Bank. If not, you should send B's copies of all new doc's.

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OK ltr to Bury Court addressed to the Court Manager explaining the situation and ask for N244 and other docs to be accepted so case may continue.

 

If the deadline is tight, call Court and see if you can speak to Ct Mgr and ask him to look out for your doc's arriving.

 

Slick

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oh i sent all the documents yesterday. its going to be very tight but i expalned in the letter that i only got yhe letter from them on the 11th september so heres hoping they will except the form. i cant belive what an idiot ive been. ill keep you posted at least people can learn from my mistake

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Candels,

 

Well done with getting it sorted and submitted.

 

The joke is, when Barclays have cock-ups or miss deadlines, the Courts often just roll over and let them get on with it. Late Defence, Stay Application with no fee, etc.

 

Good luck and I hope your Case can continue.

 

Slick

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  • 3 weeks later...

hi again, well i got a letter from court which is a notice of hearing of application for thw 14 nov 07 with my N244 and my particulars of claim back.

 

what does this mean,? it has no other information on the letter all it says is

the hearing of this claimants application for see attached (see copy attached) will take place at 1200 on the 14th november 2007 at bury court .

then goes on about trying to see me on time ect.

 

can any one shine some light on this for me as i hav no idea what to expect.

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Candels,

 

Have the POC been stamped with Court Seal. If not I suspect this is a hearing for judge to consider whether to allow your Case to continue.

 

I think a phone call to court is needed to confirm what this is for. I'm not sure though and perhaps others may confirm.

 

Can you get to court ok on that day.

 

Slick

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thanks for the reply, no the poc hasnt been stamped. So i thought may be its to consider whether to allow the case to continue. i can get to court that day, its just more cost and time of work. but its my own fault for not doing things properly, i could kick my self.

 

ill call them tomorrow when i have a spare 5 mins, and let you no.

if it is to see if the case will continue. what should i expect, have you any idea?

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Candels,

 

In your post #19 it says,

 

Quote " .......the hearing of this claimants application for see attached (see copy attached) will take place ......."

What was referred to or attached - does it mean your POC?

 

If you can get to the hearing, great. If not, start a new claim doing it properly from scratch. You've not paid your AQ fee yet, have you?

 

Speak to court anyway and come back.

 

Slick

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hi there, ok this is just to see if they will allow the case to continue. on the letter they sent me it just had my POCS attached

What should i expect when i get there? and do i need to take anything with me. i want to be very prepared so they will let the case contine. i live in edinburhg and its gonna be a pain getting three just for this. but its my own fault.

 

any advise would be greatful.

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Hi Candels,

 

I know it was all a bit frantic last month getting the new POC in because of the delay in you receiving courts decision to throw out your case.

 

However, this is a common occurrence when cases are started on MCOL (due to insufficient space) and getting your claim back on track SHOULD be straightforward.

 

You've now done everything right so only prob could be if they rec'd your N244 + fee a day or two late. You have a reason for this (delay in courts ltr getting to you) and I think your case should be reinstated.

 

Slick

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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