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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Alf v Barcalycard - RMA - 1st Credit - Connoughts - Now Mack Hall


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  • 3 weeks later...

Well fairly rapid reply from the Crudders this time, however it appears to be just more waffle aimed at confusing the matter further.

 

1crudjuly09.jpg

 

Now they again are still insistant that the account is NOT in dispute on the grounds of the copy documents and they have fulfilled their obligations.

 

They yet again say I have been supplied with 'a copy of the executed agreement' (but I haven't, only an application form containing non of the requied terms)

 

Terms and conditions (yes, a seperate sheet, that may or may not be relevant to the time of application)

 

and a statement signed by 1st Credit showing according to the information to which is practical for us to refer (which is as clear as mud, so don't know what the hell their talking about here, but would presume it was their last letter

 

crudedit1.jpg

crudedit2.jpg

 

Finally they are prepared to put the matter to a judge to make a decision.

MMMM, will they, won't they.

 

Is it best to wait and see if they show their teeth or get some form of reply off to them.

 

I sent the a CPR request in Nov 08 when they suggested they were to initiate legal action, but received no response whatsoever. Needless to say they didn't initiate anything and got CONoughts, Judge Preistley and later Muckys on the case. After complaining to the OFT and TS they recalled the account from Muckys and have started collection attemps themselves again.

 

Your comments would be most welcome.

Cheers

Alf

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Look at it simply Alf. If the Reigate renegades were so sure of their case why would they have passed it to the likes of Muck Hall who are at the bottom of the DCA Dungheap. If their case was a good as they are pretending it is then they would have gone down the Legal route by now.

 

Ms Allingham is a best being selective and economical with the truth and is twisting the rules to suit their point of view. At worst she his deliberately trying to deceive you.

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As they said in their letter that they are prepared to let a judge decide I would have thought that was sufficient evidence, should it come to court, that legal action was being considered. Therefore, in order to save the court's time etc. you should send them a disclosure request specifying exactly what documents you require but as part of that request stating that you already hold a copy of an application form and a copy of BC's Ts&Cs but specifically want a copy of a signed credit agreement.

 

They, quite clearly, can only produce the application form and Ts&Cs. Once you've had their reply proceed to court, as you have done pretty much everything humanly possible.

 

However, I'm not sure whether you should do this to 1st Credit or Barclaycard. I'd like to see 1st Credit stuffed but they are only one of the outfits BC uses. I got my paperwork from BC - although, bizarrely, I didn't ask them for it :confused: (I got it by threatening the latest DCA with joining them to a complaint against BC with the Ombudsman.)

PhiltheBear

 

Lloyds TSB - At the Sign of Flogging a Dead Horse

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As I said before I sent them a CPR request in Nov 08 when they last indicated legal action would be taken, but received no response whatsoever. So the outcome of another request would probably bring no results, but will give it a go.

 

If they say they have complied with the CCA (which incidentaly was never sent to them in the first place, it was sent to RMA, who were chasing it at the time, some 12 month prior to 1st Credit alleged purchase) on what grounds is the account disputed on?

 

This companies rearly does my head in.

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31.16 for a before legal action has started IF action has started 31.14

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 1 month later...

A most interesting credit report this month (Sept 09)

First crudit have had a default registered on there since 5th April 2007, which is rather odd since they had not even been assigned it at that date.

However, there is a strange entry this month regarding the opening balance and the life time change.

They are the same amount?

No details of date account opened anymore or who the lender was?

Have they written it off?

 

Account Opened

Not Recorded

Last Updated

01 July 2009

 

Account Terms

Monthly repayments

 

Payments Started

Not Recorded

 

Opening Balance

£3,899

 

Current Balance

Not Recorded

 

Lifetime Change

-£3,899

 

Worst Status

D

 

 

 

 

A notice of default has been served. This usually arises from non-payment.

 

Default Date

05 April 2007

 

Removed from File

April 2013

 

Monthly Change

Not Available

 

Lender Address

Not Known

 

Lender Contacts

Not Available

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I had a similar experience so - I wrote to each successive 'debt collector' explaining that I had written to the original debtor (and the subsequent DCAs, which I listed) disputing the debt and that, as court action had been threatened I had requested certain documents from them. These had not been forthcoming.

 

Therefore, I required proof, in writing, from the DCA that they had now assumed the debt and if so, that they were now in a position to release to me the documents I required. Further, if they did not reply within 14 days I would add their name to a complaint I would be making to the Ombudsman and I would cite not only the DCA company but all individual directors thereof plus the person named on the letter they had just sent me. I also asked them to supply a written copy of their formal complaints procedure as required by the FSA.

 

I included the normal paragraph about doorstep collectors being trespassers, uninvited etc. and added that should anyone attend the premises that the DCA would agree to pay a fee of £250 for inconvenience caused by such a call. If a call was made by either one of their employees or an agent acting on their behalf that would be deemed acceptance of the charge. I sent it recorded delivery.

 

Amazingly enough they dropped out.:) I have the feeling that I've now exhausted all the debt collectors. But, if I haven't, I'm prepared to carry on.

PhiltheBear

 

Lloyds TSB - At the Sign of Flogging a Dead Horse

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Well good old Snotcalls involvment was sort lived, just received an email from them

 

Good Afternoon

 

Thanks for attached, The account will be closed noting your dispute and

returned to our client, who will be in touch with you direct. We have no

further information on this account.

 

S White

ScotCall

3rd Floor

Spectrum House

55 Blythswood Street

Glasgow

G2 7AT.

 

LOL:D Better luck next time

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Has anybody noticed that 1st Credit have changed their automated response emails?

Now they fish for information. Sneaky sods

Just received this from them

 

Thank you for your email which is being processed and will be dealt with shortly.

If you are sending an email regarding a personal matter, as we are unaware of who has access to this email address, we will not disclose confidential information to the email address. If you are happy for us to respond to your query and to correspond in the future, to this email address, including disclosure of confidential information, we require your authorisation to do so

 

In order to provide this authorisation please send an email to [email protected] and confirm all of the following information

1. Name

2. 1st Credit reference

3. Date of birth

4. Current address

5. Email address you are authorising us to use

 

Failure to provide all of the required information will result in your authorisation not being accepted. Alternatively, you can provide the authorisation by contacting our office on 0843 320 0000 or by sending a signed letter to the following address:

1st Credit Ltd

P.O. Box 278

Reigate

Surrey

RH2 7WB

We aim to answer your query within 48 hours of receipt, however due to the large volume of emails we receive this can not be guaranteed

Thank you.

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I like this letter/e-mail they've sent out. We could use itto respond to cretins like debt collectors. It could ask for directors details and an assuarnce that any complaint filed subsequently would be dealt with by said director.

 

Their failure to provide all of the required information will result in the authorisation not being accepted.

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Well good old Snotcalls involvment was sort lived, just received an email from them

 

Good Afternoon

 

Thanks for attached, The account will be closed noting your dispute and

returned to our client, who will be in touch with you direct. We have no

further information on this account.

 

S White

ScotCall

3rd Floor

Spectrum House

55 Blythswood Street

Glasgow

G2 7AT.

 

LOL:D Better luck next time

 

Isnt it lovely whenever they bottle out at one email. I love emailing them using my cag email address

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  • 4 weeks later...

Well heard nothing else from Snotcall since their email.

Reply from the Crudders this morning in reply to my letter telling them what is and what isn't a credit agreement.

 

credsresponse0ct09.jpg

 

So it would appear they are wobbling, nothing I can do now I suppose but to wait and see what their so called legal department have to say.

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Dear Cretins

 

You may have exceeded the requirements of the various acts you quote by sending me an exact copy of what I allegedly signed but without ALL the Prescribed Terms it is still UNENFORCEABLE through the courts.

 

yours etc

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Dear Cretins

 

You may have exceeded the requirements of the various acts you quote by sending me an exact copy of what I allegedly signed but without ALL the Prescribed Terms it is still UNENFORCEABLE through the courts.

 

yours etc

 

Well they are correct in that they sent me 'an exact copy' problem is; it is a copy of an application form and although it is signed by me contains non of the prescribed terms. So ball is in their court now, or not as the case might be.

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Subbing to this one - Good Luck Alf

 

Now entering the same path, after 12 months of only T&C's barclayshark have supplied a microfiche copy of an application form (they admit misselling PPI but wont refund premiums - let alone interest) :-x

 

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/191840-beachy-barclaycard-mercers-take-7.html

 

#133

 

Beachy

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Well heard nothing else from Snotcall since their email.

Reply from the Crudders this morning in reply to my letter telling them what is and what isn't a credit agreement.

 

credsresponse0ct09.jpg

 

So it would appear they are wobbling, nothing I can do now I suppose but to wait and see what their so called legal department have to say.

 

Just notice something on this lastest letter.

The 1st Credit Ref number is not the same as the ref number that has been on all thier other letters and is not the one I quoted in my letter either, so changed it for some reason or sent me someone elses reply.

Nothing would supprise me with this lot

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  • 1 year later...
Thought the silence from Barclayshark was too good to be true.

This moring a reply to my letter of 03 Dec 07.

Barclaycard20march.jpg

Now what they have sent it just another copy of what is in post#77, as Paul politly put it "A silly application form"

However this time there is a photo copy of some terms and condition relating I presume to the time it was taken out. These are in A3 format but there is know way of knowing if these were ever incorporated to the application form as they are implying. They still say they are enclosing a signed opening application form? and a copy of the executed credit agreement in the prescibed form? Where is is then. I see the same application form and a set of seperate T & C's?

CopyCCA.jpg

termsCond.jpg

Does the fact they have sent these T & C make any different to the fact that all they have sent is still a copy of an application form?

Would they be able to enforce what they have supplied in the courts?

Your help on this one would be very much appreciated.

Alf

 

as far as i am aware there has to be a link between the documents to be incorporated as one,my understanding is that the prescribed terms have to be on the same sheet as the signature.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262275-Do-the-prescribed-terms-need-to-be-within-the-signed-CCA

 

this is amazing its been going on since 2007.

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