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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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      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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Doorstepped by "Barclaycard"


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First of all, a quick and belated "hello" to everybody. Although this is my first post, I've been a regular visitor to these forums for several months now and have found plenty of very helpful information within.

 

Now down to business. The buzzer to my flat went this lunchtime. I answered it through the intercom, and a man asked to speak to me by name. I asked who it was, and he was initially reticent to answer. I told him he wouldn't get in unless he told me in what regard he was calling. He said he was from Barclaycard.

 

I didn't let him in, and told him quite clearly I wouldn't do so, but we had a short chat over the intercom before he left.

 

 

I lost my job a while back and, hoping to slam the brakes on before the train derailed, wrote to all of my creditors in March - more than a couple of months before any one of them went into arrears - to explain the situation. Surprisingly, my MBNA Abbey credit card were the most helpful, not only telling me their requirements, but also suggesting I contact the Consumer Credit Counselling Service (which I already had). Never had any trouble with MBNA.

 

Egg were stroppy, and it took some considerable time to get them to agree to the terms of my Debt Management Plan.

 

Most stubborn of all, however, have been Barclaycard / Mercers. They call me three times a day, every day, despite my requesting all contact in writing. I simply let the answerphone pick their calls up. However, I didn't actually expect somebody to call at my door, despite it having been threatened in the past.

 

So, as part of this lengthy introductory message, I'd like to say "thanks" to you in this forum. The visit shook me up a bit, even though I stood my ground and he left in peace. It was then that I decided to actually join the forum, as it was my first port of call after the visit. It was very reassuring re-reading information which I admittedly knew (such as that they have no right of access), but nevertheless I paranoidly worried about.

 

I've decided to write to Mercer's. Here is my letter, which will no doubt be ignored. You may recognise some of it - bits were shamelessly lifted from here. Again, a big thanks. This site is a great resource.

 

 

Dear Mercers,

 

I write to you following a visit from one of your operatives this lunchtime, to whom I refused access. Please be advised that I am onlyprepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission: the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending doorstep callers to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

 

Should it be necessary, I will obtain an injunction.

 

Furthermore, I am taking steps to have incoming calls barred from your number, as well as those from withheld numbers.

 

As I have explained numerous times, I am currently unemployed and searching for work. I am therefore unable to meet the payments on my Barclaycard account, an account which I have otherwise kept in good order for many years. I wrote to Barclaycard with regard to this matter on 9 March, 14 April, and 23 May, the first two occasions being before the account went into arrears. Each of these letters was summarily ignored by Barclaycard.

 

I am currently on a Debt Management Plan with the Consumer Credit Counselling Service. The majority of my creditors have accepted the offers made under the terms of the plan; Barclaycard have not.

 

However, under the Plan, I pay Barclaycard £10.14 a month, a sum which they have received since the Plan started in July. I can not afford to pay more at this present time.

 

You are welcome to contact CCCS with regard to this debt. My client number is *******. Their contact details are as follows:

 

Consumer Credit Counselling Service,

Wade House,

Merrion Centre,

Leeds LS2 8NG

 

Telephone 0845 272 5400

 

I enclose a copy of my personal budget sheet, as drawn up with CCCS, for your files.

 

Yours sincerely,

 

..............

 

EDIT: P.S. My apologies - I appear to have posted this in the wrong section. If a moderator could move it to the Debt section, I'd be very grateful.

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I know Mercers are Barclaycard but you should also write to B'card and remind them that they are responsible for the actions of their debt collectors (as agents) and any complaint about their behaviour to the statutory authorities will include them as well.

 

Tell Mercers, unless you've already sent the letter, that any further calls will result in you telling the caller to go away and if he refuses the police will be called. Trespass is not a criminal offence but harrassment is. Have the police station number close to hand - its not 999, more likely to be an 0845 number as it is not an emergency

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Thanks for your comments, ODC and NailPost. I've already posted the letter, but I'll bear the extra comments in mind the next time I('m bound to have to) write to them.

 

Strangely, I received a letter from ScotCall last week, memorably described on here by somebody as "the paramilitary wing of Barclaycard", threatening a visit. I say strangely because the man firstly identified himself as being from Barclaycard, then Mercers. My suspicions at the ScotCall letter were first aroused as the second paragraph, telling me to contact Mercers immediately, directly contradicted the first, in which ScotCall claimed to have taken over management of the debt.

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However, under the Plan, I pay Barclaycard £10.14 a month, a sum which they have received since the Plan started in July. I can not afford to pay more at this present time.

 

Who came up with this figure? If you are unemployed this is too high. £1 a month is more realistic.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi Posie, you must be one of very few people here that has actually been doorstepped by a DCA. Given that you have done all the right things by arranging a DMP I can't understand why they've singled you out for a visit. It certainly takes harassment to a new level. Well done for not letting them in and sending the letter. We are all behind you all the way.

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Thanks for the further replies. Rory - I pay £10.14 a month through my Debt Management Plan as agreed with CCCS. I'm happy to do this and entered into the agreement willingly. And the majority of my creditors are happy with the terms of the Plan, with one exception...

 

ODC and Dakota - The bloke who called mentioned something about Mercers having trouble getting in touch with me. I told him I'd told THEM I wouldn't talk on the phone, but I had written several times, and he said, "that must be it." I made a regretfully barbed comment about Liverpudlians being unable to read and write before he left.

 

Again, if it hadn't been for what I'd read previously on this site, I'd have probably let him in.

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You could also write to Barclaycard, Mercers and Scotcall, asking each of them for a copy of their complaints procedure. xx

Reminding them that as original creditor they are liable for the actions of people collecting on their behalf

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If you are happy for the answerphone to take the calls and you've written to them that's fine. If you think you might want to make an official complaint about harassment it's a good idea to keep a record of all phone calls and personal visits. My view is that for somebody who has a DMP this behaviour is totally unacceptable. You may want to make a complaint via your local trading standards and also the OFT. You could also involve the FOS after you have followed the complaints procedure of the companies concerned. An FOS complaint costs the companies £400 in fees,he he.

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You can also write to any of these people and insist that you have any communication in writing.

 

You can write stating that under the Communications Act 2003 you are entitled not to be harassed on the telephone and that all further communications be in writing. So, from now on you will report them to the police if you receive any further calls. There is a letter in the Templates Library which covers this, but what I have said above will suffice.

 

You have a right to privacy and the law is firmly on your side. It will stop the incessant phone calls dead.

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It should but most of the companies mentioned will ignore your requests esp Mercers. Delfi has a huge thread on their constant phone calls. Its getting someone to actuall take legal action on the harrassment that is the problem. Apparently it has to be an official body and most seem reluctant

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This might help re. complaints. It's the quick guide by the Financial Ombudsman for businesses, but it's very relevant for all of us. This guide must be followed by businesses - state your intention to complain, request their complaints procedure, and they have to pay serious attention. As Dakota says, this is the Financial Ombudsman Service we're talking about. Let them all know just how unacceptable this behaviour is - and as ODC also says, the original creditor is ultimately responsible for the actions of these gooks!

Helping you resolve complaints (PDF)

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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You could also write to Barclaycard, Mercers and Scotcall, asking each of them for a copy of their complaints procedure. xx

Reminding them that as original creditor they are liable for the actions of people collecting on their behalf

 

That's certainly something to bear in mind. Thanks for the tips.

 

 

If you are happy for the answerphone to take the calls and you've written to them that's fine.

 

The only annoying thing about it is that they don't leave a message about 95% of the time. Then again, it's probably an automated dialler.

 

 

My view is that for somebody who has a DMP this behaviour is totally unacceptable.

 

My view is that for somebody who wrote to them AND called them, following their own suggested procedures, requesting help several weeks before the account went into arrears, and THEN felt obliged to take out a DMP as the only option BECAUSE he couldn't get them to listen, they deserve a good slapping!

 

 

An FOS complaint costs the companies £400 in fees,he he.

 

Is that regardless of outcome, or only if the company is found guilty? If the former, bring it on!

 

 

You can also write to any of these people and insist that you have any communication in writing.

 

Yep - I have a folder full of such letters. No effect.

 

 

You can write stating that under the Communications Act 2003 you are entitled not to be harassed on the telephone and that all further communications be in writing. So, from now on you will report them to the police if you receive any further calls. There is a letter in the Templates Library which covers this, but what I have said above will suffice.

 

You have a right to privacy and the law is firmly on your side. It will stop the incessant phone calls dead.

 

I went over the above verbally with the bloke who called yesterday. It may be a coincidence, or a computer error, but I haven't had their (annoyingly regular) mid-afternoon, 6.30pm or 8.30am calls since. Funny, that. Perhaps he actually listened?

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Follow-up: I received a letter from Mercers in today's post. The standard "you have 7 days to pay in full or else" letter. It's the sixth identical letter they've sent me in three months, as well as two telling me they were passing the debt on to another firm (which also turned out to be Barclaycard pretending to be somebody else).

 

There should be an adjective here, but I don't want to be banned after only 8 posts for using bad language!

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I'm late to this thread but as others have said you're doing exactly the right thing. Keep your cool, keep everything in writing, and keep detailed logs of all their calls whether attempted or successful.

 

You can beat the bullies :D

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  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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