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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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    • 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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mummybird V Barclays


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Hi,

 

I having been looking at the forum for some time now,but didn't realise I should start my own thread. So here goes.................

 

I have two claims in the offing one for daughter and one for my daughter law, both basic account customers.

 

Despite all my research on this site,including practically all day for the last two days! I cannot get to grips with interest charges.

 

I must be thick as a brick. Am I correct in thinking that I cannot re-claim interest charged by the bank? Can I claim for overdraft fees and account fees?

I have a date set for Aug.14th at Cardiff, but I understand that I can resubmit my claim with a FormN244, but I'd like to make sure I've got everything right this time.I've got all the forms printed down ready.

Please, please help

 

:? :? Thanks from everybodiesmum

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You can not claim for overdraft fees or account fees if you agreed to these when account was opened. Basically you recieve a service for the fee you pay. As they are basic accounts i assume you are paying a fee to operate an overdraft. This was the case with my account before upgrading to additions.

 

You can claim back unauthorized overdraft fees ( called paid refferal fee by barclays) and the unpaid item fee. In addition you can claim back the portion of the interest charged relating to the fees (the advanced bank fee calculator in the template library will work it out for you). On top of the you claim the statutory 8% p.a through the court.

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:confused: Thanks Trucker for your help, I now see that my daughter has an additions account, so does this change things?

 

Charges on her account are shown as follows:

1. Overdraft fee

2.Paid referrals

3.Account fee

4 Unpaids

She can't remember when she changed to additions probably 5 yrs ago.

Account fee was £5.00 in 2000, £6.00 in 2001/2, then £7.50 which changed to £9.50 in 2004 and £10.00 in 2006. This monthly charge is not re-claimable I should imagine, but I'm still wondering about the overdraft fee.

So confusing.Can you please,please help again?

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  • 2 months later...

Hi EBMum

 

I saw your post on Sarah A's thread as follows:-

 

"Hi Juicyd

Olden suggested I come here and ask you f or advice.

I started my claim in January. It was transformed from Northampton to Carmarthen to Cardiff.

On 8th.June I submitted an N244 to amend my particulars of claim.

Eventually after many phone calls to the courts (they said the Judge was on leave)I saw Judge Hendicott on the 9th. August. Following this....

 

I received an N24 General Form of Judgement or Order

1. Leave to Claimant to amend POC etc.

2. The Defendants shall file and serve an amended Defence within 14 days of re-service.

3. The hearing on 14th. Aug 2007 is vacated.

Dated 09 August 2007

 

Its now the 28th, Aug. Should I have recieved a Notice of Issue from the courts? Otherwise how can I count of the 14 days that Barclays has to file their defence.

Omigod its getting complicated.

Any advice would be much appreciated."

 

I wanted to ask if you sent in a revised POC as the Judge gave you leave to do this (which I understand is basically telling you your original POC's were inadequate as you'd filed on MCOL).

 

Also, if you file on your own thread, peeps can keep track of your case far more easily.

 

Slick

We could do with some help from you

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Its me again - excited - just phoned Cardiif to see if Barclays have filed a defence and they haven't so according to my calcs. they are in default -

so I may been in with a chance. Only thing is I have to research what to do next. Its seems ages since I've read what to do.

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EBM,

 

Just stick to Saintly's advice.

 

Hopefully, Cardiff will have a bit of spare time now to d/w your Judgement Request.

 

See what the Judge says first, then you'll know what to do with Barclays.

 

Slick

We could do with some help from you

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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.

 

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hi, can only say what i did,filed for judgement on n225 form.

took in and filed on tuesday.

had advice on thread that judge has given his orders on directions and that the clerks at court house follow his orders and that they stamp the judgement paper.

rang up later tuesday about queery on form,it had already been done ready for posting wednesday.bit sceptical.

rang thursday,said it had been posted to me and bs.1st class but wrong it was second class because i rang again about another question and asked again.

friday,no letter but was working close to court,rang them,they said a copy would be waiting,it was.start to finish 4 days,but i did impress on them that court day was looming.

good luck.tez.

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  • 2 weeks later...

Just an update following my filing of N225 (req. for Judgement)

Spoke to a very nice girl in the cash dept. She said it would be posted to Barclays today and a copy for me. I asked her advice on the follow up and she said if Barclays had replied within a few days, after I'd received my copy, to telephone the Enforcement Office at Cardiff. C.C. and they would advice me of my options. Is this light at the end of the long long dark tunnel?

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Just an update following my filing of N225 (req. for Judgement)

Spoke to a very nice girl in the cash dept. She said it would be posted to Barclays today and a copy for me. I asked her advice on the follow up and she said if Barclays had replied within a few days, after I'd received my copy,

 

Have you received N24 General Form Of Judgement or Order ?

OR

N30 Judgement for claimant.

 

Although i agree with the " nice girl " bit, they can be very suprisingly detatched from actual court proceedures in my experience.

As excited as i am for you, after coming this far, please dont give your hand away by rushing things.

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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Hello

I am not hi-jacking everybodiesmum. I was everybodies mum, but have been unable to log on for about four days, despite requesting new password - total failure so in desperation I registered under a new name, so if anybody wants to look at my mummybird thread I shall be able to tell you news from Cardiff.

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Hi Smutley and all the Cardiff gang from Mummybird (formerly everybodiesmum)

Just a quick update - save you looking back to my old thread.

Filed an amendment to my POC 8th. June.

Saw judge on 10th Aug. who gave me leave to amend my POC

No defence from Barclays

Filed Request for judgement on 5th Sept.

and Yippee Yippee do - got Judgement for the Claimant on the 10th.Sept.

(£3164.17)

So am I there?

Should I get in touch with Barclays

or should I speak to the Enforcement Office at Cardiff?

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Hi mummybird, looks like you have got a result, CONGRATULATIONS!!! Im not sure of the next step (as not got that far yet :( )... but think you sit back now and wait and if funds do not appear you send in the balifs... but I will leave that advice to someone more qualified than me.... so MOD please advise here...

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Although I've not received my letter yet refusing my application to have stay lifted, I assume it will be with me soon. Although I did have my application to update my POC/SOC granted last week, the order then said case stayed, so assume I cant go the same successful route as you did. But what to do now, I am at a loss, is it worth appealing again? or sit and wait? Feel drained and depressed by the whole process. We need some advice now from someone more knowledgeable.. so please if you are reading this, please give us your advice!!!

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and Yippee Yippee do - got Judgement for the Claimant on the 10th.Sept.

(£3164.17)

So am I there?

Should I get in touch with Barclays

or should I speak to the Enforcement Office at Cardiff?

 

http://www.consumeractiongroup.co.uk/forum/bailiffs/99563-got-judgment-how-get.html

http://www.consumeractiongroup.co.uk/forum/general/66182-how-enforce-judgement.html

 

Hi. You are nearly there.

Some would say phone Bs and ask for settlement, and i cant argue with that, but personally, i would do nothing for 21 days.

Bs normally pay out in the end, however Natwest are applying to have judgements set aside.

You need to understand that Bs can also apply to have a judgement set aside at any stage.

Even after you have sent the bailiffs in.

So the least amount of time that you give them, the less prepared they will be.

My advice is sit tight and let the system inform them, not you.

They WILL be in touch with you, and hopefully with a full offer.

Its not a good idea to show your hand at this stage.

I had 3 judgements entered in my favour. Done nothing except wait. Got paid on all of them.

Good luck.

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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Mummybird (nee EBM),

 

Firstly, CONGRATULATIONS and well done with your result. Great news.

 

Re your query at post #3, that case is stayed until the OFT debacle is over, however long that is.

 

Slick

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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

 

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