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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
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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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Mbna - How unhelpful!!!


clowders
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Hi all, I need some help with MBNA.

 

My partner and I contacted MBNA to reduce our payments and freeze interest and charges as we are struggling to meet our debts. We enclosed a chq with the lower payment, together with a list of our other debts, income and outgoings.

 

However, MBNA have cashed the chq, but added another £200 of charges and interest and late fees (total debt £10,400).

 

I have been an MBNA customer since 1999 and have been reading about other people sending CCA letters, but is it to late as we have effectively stated we acknowledge the debt with our first letter.

 

If it is not too late where can I find a copy of the CCA letter and how does the process work.

 

Thanks for your time

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http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N is the CCA template. Send the SAR request off, enclosing a photocopy of ID, and enclose £10 chq/po...... send it recorded.

Also send the CCA off, again recorded with the £1 fee

I won against MBNA, Nat West , Barclays, Barclaycard and PPI payments from Barclaycard

Abbey National still to go.... what will I do with my spare time?

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Hi Clowders,

 

When you send the CCA Request make sure you add the following sentence to the top of the letter:

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

 

i would also advise against signing any letter you send them, ie CCA's, S.A.R - (Subject Access Request);s etc, instead use a digital signature, see this thread for details http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html some Card companies have been suspected of scanning signtaures onto agreements to make them enforcable!

 

Sending a SAR request means MBNA are required to send all documents/info they hold on you, including all charges,fees debited from your account, you may find a significant amount of the balance is made up of charges in which case you can start claiming them back.

 

Sending a CCA request is a legal request for a copy of the signed executed agreement that MBNA hold on you, if no agreement exists then the debt is unenforcable as MBNA have no legal recourse to enforce the debt. Similarly, if they provide an agreement which lacks certain prescribed terms, is illegible or contravenes the Consumer Credit Act and Regulations it may also be unenforcable. CCA Requests are a great way of ascertaining whether the creditor has a legal right to collect the debt, and also can be used as a bargaining tool as well.

 

kind regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

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Thanks for the advice Shane. I will definately change my signature from now on although I have just sent them a letter in regard to reducing the payments and used my normal signature. Lets hope they lose the letters:) . Will send off the letters tomorrow. Is it okay to send the CCA and SAR at the same time or should I leave a cap between?

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Hi Clowders,

 

I see you no reason why you can't send them at the same time. It should be noted that in a S.A.R - (Subject Access Request) you should receive all info relating to your account including the credit agreement, however the benefit of the CCA is the statuatory time period the creditor has to respond by (being 12 days from receipt) and subsequently, should they not respond in that time the acount goes into default and they are unable to enforce it.

 

kind regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

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Personally I would just send them off together. MBNA have a habit of wanting things like your passport or drivers license as a form of I.D. before sending documents to you (could it possible be because they have your signature on them?). Do not send them, if they really want proof of I.D. I find a copy of one of the threatening letters they have sent you should suffice.

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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  • 2 weeks later...

With refernce to the request for agreement details. MBNA use Hillesden Securities and it is them who have been requested to send agreement details. The have said thanks for the £1.00 fee. and stated they will try to find the original . But if not send a true copy. They inted to update the info within the next 21 DAYS. I thought they had to send it within 12 working days.

Although they work on a Saturday they dont count that as a working day. Perhaps the staff work for nothing. What would you suggest the next step is as they do not intend to send the paperwork within the stated time of the law. and furthermore they have two entries on a credit file for a substantial amount when only one acount is held. That sounds a bit of a farce to me. As they are threatening to take the account holders to court and get a charge on the property HELP HELP

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Blencathra it's best if you start your own thread on this, otherwise your posts will be lost in this thread.

But if not send a true copy. They inted to update the info within the next 21 DAYS. I thought they had to send it within 12 working days.

It's a standard letter. They are aware of their legal obligations - if they can't comply that's their problem not yours.
Although they work on a Saturday they dont count that as a working day.
No company, DCA or otherwise, counts Saturday as a working day.
What would you suggest the next step is as they do not intend to send the paperwork within the stated time of the law
You just have to wait, other than that you don't have to do anything.
furthermore they have two entries on a credit file for a substantial amount when only one acount is held.
Please can you give more details on this.
they are threatening to take the account holders to court and get a charge on the property
Is there a CCJ on this account? A charging order takes some time (it is not as they would have you believe a case of popping down to the courts on a Monday morning and getting a charging order ganted by the weekend) the pocess is CCJ, charging order nisi then charging order absolute. If they don't already have a CCJ and can't produce a copy of the agreement , as long as the CCJ is defended, they can forget about a CCJ never mind a charging order.

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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Many thanks Rory32. With reference to the 2 accounts . What i meant to say was that the credit file shows 2 entries both MBNA credit cards for a similar amount outstanding amount. But the Holder of the cards only has 1 account and 1 card So somebody else credit card has been put under the wrong name and credit file and they are only taking the matter to Court for the amount of 1 credit card. Is this another example of information on somebody else going astray or they dont know what they are doing.

 

At the moment there is no CCJ on the account Hillesden Securities have threatened to put the matter before the courts and get a CCJ and a Charging order at the same time. I think a defense claim should be registered in reply to the summons. But still no agreement in the post yet 6 days of the 12 have already gone A summons has been issued

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Hi all,

 

The MBNA fun and games have really started. I am receiving numerous calls from them and have had a letter requesting me to contact them to discuss a few points. :lol: I think not!

 

I have ignored all phone calls and wrote a letter stating that I only wish to communicate in writing due to dealing with so many financial institutions at once and the cost of calling from mobile telephone as I currently have no house phone at the moment due to a fault.

 

Anyway they are still charging me interest, so I am currently waiting the 12 working days but can someone please tell me is there another letter I can send if they do not response after 12 days.

 

I opened this account between 98-00, hopefully they won't have the CCA.

 

Although I cannot believe the posts about scanning signatures on to other CCA's especially as I signed my inital letter with my true signature. If they send me a signed CCA i will request a copy of the letter to check whether they are the same as surely no judge would believe a signature is an exact match nearly 10 years later.

 

All other letters sent have got amended signatures and I have photocopies for the reasons listed above. So thanks everyone for the advice!

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can someone please tell me is there another letter I can send if they do not response after 12 days.

 

You don't need to send them a letter after the 12 working days. They are aware that they are in default.

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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After the 12 working days are up and they haven't supplied a copy of the agreement you can lawfully withhold all payments until a copy of the agreement is produced.

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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