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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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Wally V Robinson Way - Help please


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Hi everyone - I'm back!!

 

2 letters tday from our friends, both the same.

 

They are headed "Notice of legal Proceedings" Basically they want the full amount owed or they will issue Court proceedings.

 

I havent actually cancelled the £5 DD I have for these 2 accounts anyway so they are still receiving this.

 

Whats the next plan of action I should take?

 

Wally:confused:

Standard Robbers threatomatic. Read it again. Bet it says they MAY issue legal proceedings.

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Mine says they will if I dont pay.

 

I guess thats it then.

 

The'll be waving a crappy application form at the judge.

 

I'm sending them this as I've got a new ink cartridge.

 

Robinson Way and Company

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY

 

Recorded Signed for Delivery

 

4 Pages

 

** October 2007

 

Notice of Intended Court Action

 

Acc ref: ******************

 

FORMAL REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

I Do Not Acknowledge any debt to your company.

 

Dear Sir

 

I have today received your letter dated ** ****** 2007 which purports to be a letter before action and threatens that legal proceedings will be issued after 7 days if no payment is made to the account .

 

I will not be making any payment to you.

 

I will not be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing.

 

On ** ******** 2007 your complaint and compliance Manager wrote to me and stated that your company “will not enter into further correspondence with me on this matter”, yet you still insist on sending out these system produced letters this is obviously intended to cause distress and harassment.

 

Please provide me with proof of your lawful right to claim any money from me and why you believe that you have any contractual right to be processing my personal data.

 

 

 

 

You are reminded.

 

You must not telephone me either at my home number or any of my employers numbers, any calls from you will be recorded and construed as harassment.

 

You must not threaten to send collection staff to my residence as again this will be construed as harassment.

 

Take note that any implied right of access that may have existed to my residence and grounds is withdrawn from you and any of your agents apart from Royal Mail, to this effect, for you to send a door step collector will be considered trespass and harassment and you will be held liable and reported to the relevant authorities.

 

You have threatened that you may take court action against me;

 

I will be vigorously defending any court action.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules,

 

I am entitled in order to enable me to file a defence and counter-claim lawfully entitled to request specific information regarding the account, to be provided forthwith.

 

Given that you have stated that this matter may be subject to legal proceedings, if you decide to embark on this course of action, you are obliged to disclose under the rules, the following information and documents must be supplied to me as detailed below;

 

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF THE ALLEGED DEBT CLAIMED, I REQUIRE:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

 

 

2. All records you hold on me relevant to this case, including but not limited to:

 

 

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

 

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

 

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

 

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

 

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

 

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

 

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

 

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

 

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

k. A copy of all account statements for the duration of the agreement.

 

3. Any other documents you seek to rely on in court.

 

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

You have 10 days to comply.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that through your non-compliance you are frustrating proceedings and denying me the opportunity to file a defence and counter claim.

 

Note:

 

In my lawful request dated to you on ** ************* 2007 I clearly requested a true copy of the credit agreement relating to the account in dispute. A “true copy” means a first generation copy of the actual signed document.

 

This document should be readily available as proof of your or your clients legal right to collect this account.

 

Your failure to provide this documentation within the statutory time limits means you client have committed a summary criminal offence.

 

I will be highlighting this at any court hearing.

 

If you make arrangements for me to view the original documentation at one of your branches close to my home, provided that the document is a fully compliant Consumer Credit Agreement under the Consumer Credit Act 1974.

 

I will immediately, after viewing, resume payments.

 

However due to the vexatious nature of your correspondence I reserve the right to make formal complaints against you and your client to Trading Standards and the Office of Fair Trading to whom I may now send copies of our correspondence as evidence.

 

Please be aware that I am logging all correspondence with you with regards to this matter and will be charging for time at the rate of £**.** per hour as part of my counterclaim against any action you or I may take.

 

 

 

I trust you will deal with this matter using all due diligence.

 

 

 

 

 

Kindest Regards

 

 

Cas

Robbed from various threads

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Thanks for all your help and support.

 

I would gladly send them the letter posted by clutingatstraws but the only thing is they did send me copies of the actual origianl agreement I initially had. Does this make a difference:confused:

 

I am just about coming out of bad credit rating etc on my credit file and I dont want this to upset everything again.

Also as I have carried on paying them each month as agreed why are they threatening me?

I'm really not sure what I should be doing next.

Wally:(

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Yup, I agree - I just got my letter - notice of intended legal proceedings - even though they haven't produced a CCA, haven't got a CCA and they know that I know this.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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I can't scan them in as I dont have a scanner - one that works !!

 

Anyway on looking closley they are a copy of the application forms which I filled in and signed several years ago.

 

So - should I just send the above letter but carry on with the £5 dd?

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What is really funny is that they have made up their own Notice of Assignment saying they are th administrator and owner of the debt:rolleyes:

 

Do they think we where all born yesterday??

 

Anyway off to write to the lovely Rebecca Cooper, she must get alot of love letters:D

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Ok how does this sound chaps? - I have edited a few bits:)

 

 

Robinson Way and Company

London Scottish House

Quays Reach

Carolina Way

Salford

M50 2ZY27th October 2007

 

 

 

Notice of Intended Court Action

 

Acc ref: ***********

 

FORMAL REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

 

I Do Not Acknowledge any debt to your company.

 

Dear Sir

 

I have today received your letter dated 22nd Ocober 2007 which purports to be a letter before action and threatens that legal proceedings will be issued after 7 days if no payment is made to the account .

 

I will not be making any payment to you.

 

I will not be calling you. This is because I do not carry out any financial business on the telephone, all business between us must be in writing.

 

Please provide me with proof of your lawful right to claim any money from me and why you believe that you have any contractual right to be processing my personal data. A copy of a “Card request Form” is notacceptable as proof of ownership of the account in a Court of Law.

 

You are reminded.

 

You must not telephone me either at my home number or any of my employers numbers, any calls from you will be recorded and construed as harassment.

 

You must not threaten to send collection staff to my residence as again this will be construed as harassment.

 

You have threatened that you may take court action against me;

 

I will be vigorously defending any court action.

 

As you are aware, under the pre-action protocols of the Civil Procedure Rules,

 

I am entitled in order to enable me to file a defence and counter-claim lawfully entitled to request specific information regarding the account, to be provided forthwith.

 

Given that you have stated that this matter may be subject to legal proceedings, if you decide to embark on this course of action, you are obliged to disclose under the rules, the following information and documents must be supplied to me as detailed below;

 

If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

IN RESPECT OF THE ALLEGED DEBT CLAIMED, I REQUIRE:

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of any default and at the time the account was opened.

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account.

 

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

k. A copy of all account statements for the duration of the agreement.

 

3. Any other documents you seek to rely on in court.

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

You have 10 days to comply.

 

I must advise you that if the information is not forthcoming, it will be reported to the Court that through your non-compliance you are frustrating proceedings and denying me the opportunity to file a defence and counter claim.

 

Note:

 

In my lawful request dated to you on 20th September 2007 I clearly requested a true copy of the credit agreement relating to the account in dispute. A “true copy” means a first generation copy of the actual signed document.

 

This document should be readily available as proof of your or your clients legal right to collect this account.

 

Your failure to provide this documentation within the statutory time limits means you have committed a summary criminal offence.

 

I will be highlighting this at any court hearing.

 

If you make arrangements for me to view the original documentation at one of your branches close to my home, provided that the document is a fully compliant Consumer Credit Agreement under the Consumer Credit Act 1974.

 

I will immediately, after viewing, resume payments.

 

However due to the vexatious nature of your correspondence I reserve the right to make formal complaints against you and your client to Trading Standards and the Office of Fair Trading to whom I may now send copies of our correspondence as evidence.

 

Please be aware that I am logging all correspondence with you with regards to this matter and will be charging for time at the rate of £25 per hour as part of my counterclaim against any action you or I may take.

 

I trust you will deal with this matter using all due diligence.

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  • 1 month later...

Hi everyone

Had a nice suprise in the post last night - large thick brown envelope full of all my statements from the day I opened up the Credit Card account.

All it said was they where enclosing the statements as asked for by me:confused:

 

Does this now proove that I do actually pay them??

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they are trying to pursue monies based on the terms and conditions of a written contract (namely the CCA)

 

without this document, there is no contract, nor anything for them to pursue. they hold no legal right to collect without the CCA

 

Failing to produce the document is also a breach of the law

 

You are waiting for them to provide you with the document, or concede there isn't one.

 

They can send you anything they want, but without that document, its just so much toilet paper

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They are after me too, they sent me a letter that said if i don't pay on the 15th they will pursue legal action. it's now the 30th and all i have by 15 days later is some solicitor telling me they have advised RW to take legal action, and i can still avoid it by paying.

 

I asked them on the phone to send in detail how, why and when i owe this debt and they said "we don't have a customer service department" so i gave them some stick and the guy got real assay thinking he knows what hes doing acting all smug.

 

These guys are a bunch of idiots!!

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simplest way to deal with them is in writing

 

that way:

you dont get annoyed

if they lie to you it's in writing and admissable in court.

 

Think about it, if nobody is calling them or speaking to them on the phone, what is the point in having an expensive callcentre. eventually if everyone played the game. all of those annoying little tw*ts would be out of work

 

I find telling them quite loudly to flip off and pointblank refuse to answer their security questions gets the required response

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