Jump to content


  • Tweets

  • Posts

    • 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 If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 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 756050. 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)     Thw 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 Firrst 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.  A 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.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Tesco credit card, judgement entered.. **PAID IN FULL**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6435 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello to all, I have a thread going on in banking under Abbey but have now decided to chase up Tesco for the £140 they have taken over the last 5 years. If anyone out there has already tackled them I would be grateful of any advice! Watch this space, my 1st letter goes out today with the schedule attached, I am trying to stagger my claims so I dont end up spending a week in court! I know its not a great amount, but as Tesco themselves always say 'Every little helps!';-)

Link to post
Share on other sites

  • Replies 106
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I sent off my DPA to Tesco earlier this month, had a letter acknowledging it but heard nothing since. So yes, I will be as well :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

Link to post
Share on other sites

Hi Dolly, looks like may be comparing notes then, I will be updating as and when, do you have a thread going?? I will keep an eye on it if so! Good luck with your claim xx

Link to post
Share on other sites

Not started a thread yet as I have no figures - this goes back to the full 6 years but the account was paid off 2 years ago and was with a DCA for about 18mths before that, so I imagine it'll be a bit complex!

 

As soon as I get figures I will start a thread. Hope yours goes well :)

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

Link to post
Share on other sites

Well, one week since the prelim letter went out by registered post. No response at all as yet so another week of waiting lies ahead. How you getting along with things Dolly??

Link to post
Share on other sites

Still haven't got my DPA request yet although it has been acknowledged.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

Link to post
Share on other sites

Hi Dolly, good luck with it! I got a letter today:

 

Date 05-07-07

Dear Miss XXX

 

We are sorry that you were less than satisfied with the level of service you received from us.

Thanks you for letting us know about your concerns as it gives us a chance to address the issues you raised.

We need more time to look into matters further so we can answer your concern fully. We will contact you again within the next ten business days to let you know how we propose to resolve things for you, or at least to let you know how we are progressing.

 

We can assure you that we will deal with your concern quickly and effectively. To help you understand how we will handle your concern, we have enclosed a leaflet which outlines our approach.

 

Once again, thank you for contacing us about your concern

Yours Sincerely

(Real signiture, not a computer one!)

Geri Hatcher

Senior Customer Adivsor

 

How about that then? I intend to stick to my deadline, although their response time is far better than most banks promise!! Shame it took them over a week to acknowledge my letter though! I have to say I am impressed that a real person has signed the letter, I have only dealt with Abbey up to now though. I am working my way through my old banking files on a weekly basis, I will most likely spend my summer in the local court lol.

Link to post
Share on other sites

what a careing bunch they sound , stick to your timetable not theres.

i wil let you know when i get a reply to my prelim, it should not be to long , hopefuly, like yourself, so far they have been very quick to respond , unlike the halifax, who have chosen to ignore me from day one.

good luck

kevluff

:mad:LF53
Link to post
Share on other sites

prelim letter was received by pestcos , and hsbc, on the 06/07. and as yet no reply ( lets see what the postie brings today)

my lba deadline is the 19/07, so i am about aweek behind you,

 

i was quite shocked that they repied to my dpa request so quickly, unlike citibank and mbna who have acknowledged my dpa,s and told me they will get back to me when the cows come home, so dpa lba,s will be sent out this week to remind them that they are working to my timetable not theres and they have a legal obligation

and as for the good old halifax; they are choseing to ignore me, but they can go on the back burner for now

 

Once again best of luck with your claim

 

kevluff

:mad:LF53
Link to post
Share on other sites

oops, spoke to soon, just got letter from pestco, it is exactly the same as every one elses. nice line in the complaints leaflet they enclosed saying the complaint could take up to 8 weeks to resolve, after which i MAY BE ELIGABLE to contact the FOS (who are they to deciede if i am eligable) funny they never mentioned the county courts though, lba going out on the 19/07

:mad:LF53
Link to post
Share on other sites

Well I got my statements back to August 2001....funnily enough they don't have them from June 2000 as requested. Anyway I was AMAZED to see that there are no charges on there.

 

This account went to a DCA in June 2002 and up to that time I made no payments and yet there was no charges, interest was frozen.....very, very strange.

 

Anyway, there is a disputed debt of £185 on the account - I paid it off in full to DCA on a reduced, early settlement figure but yet there is still this balance showing. Rang Tesco again.....and they wiped it off. Then (and this is the best bit) she said as the balance was now clear they would send me a new card :eek: Couldn't believe it! So no claim against Tesco, it seems.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

Link to post
Share on other sites

exactly the same happened to me with hsbc credit card, at the time they did not stop hassleing me and it ended with a default against me.

when i got my statements i discovered they had only charged me 15 pounds.

so not really worth the time pursueing them for it.

:mad:LF53
Link to post
Share on other sites

Hi you two, just over a week to go before filing with money claim against Tesco's, but I file this Wednesday against Abbey, I havent heard a peep from Tesco's since the last letter, sent the LBA so watching for something this week.

Are you not going take them up on the offer of a new card Dolly?? I cant believe they think you would want one anyway, numskulls!:lol:

 

Kevluff, isnt it worth your while to chase them to get the default removed?? Just a thought, if it is from a long time ago I suppose its more hassle but they stay for six years dont they?

Link to post
Share on other sites

morning bowkett, thanks for the reply, the reason i that i will not be chaseing hsbc over the default is that i dont think i have much of a case, it would be hard to prove that 15 pounds worth of charges over 3 years was the only reason that led to the default being registered against me.

 

i think it was a cheap shot to default me ,as they done it 2 weeks before i settled the account in full, as i told them i would, but would you expect anythink less from them?

 

perhaps they did not charge me as much as i believed they had because they were raking it in from my current acc. 3000 up to now! ( prelim sent)

 

although a default is a pain, it does not seem to be affecting my credit rateing

 

i must be honest on this , as i borrowed the money , it was my obligation to repay it

 

never mind, i will just

move on to the next one, mbna here we come

 

good luck with yours regards kevluff

:mad:LF53
Link to post
Share on other sites

Hi all, got another letter today, this is in response to my first letter and not the LBA. Havent had anything relating to that. Can someone take a look at this for me please!

 

13th July 2006

Acount xx

Dear Miss xx

 

Thank you for your letter of 27th June 2006

 

We consider that our charges are fair, reasonable and compliant with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of products.

 

We have considered the Office of Fair Trading's statement of 5 April 2006 and do not accept its findings in relation to the setting of credit card fees.

 

It follows that we do not agree with the assertations made in your letter.

 

Yours Sincerely

(another real signature!)

Gill Skarott

Senior Customer Advisor

Customer Care Team

 

HELP! I have already been keeping to my timetable, I sent the letters out of the library etc. Any advice would be most gratefully accepted.:D

Link to post
Share on other sites

It is a standard letter telling you they are not refunding you, as most banks and credit card companies do...nothing unusual at all about it :confused:

 

If that was in response to your prelim letter, you now send the LBA and when you get no joy from that, issue moneyclaim.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

Link to post
Share on other sites

evening bowkett

have just got in ,after spending 12 hours in a 100 degrees sweat box( a london taxi by any other name)

It seems to me that because they are proberly snowed under with requests for refunds they are not able to keep up with our reasonable time scales,and our letters are crossing in the post.

dont be put off by the content of there responce, if you received a reply agreeing with you prelim letter, that would be nothing short of an admission of guilt in writing; and we are never going to get that.As they seemed to have laid out there side of the case you could proberly go straight to money claim, but some might say wait for the 14 days from lba just to be resonable, its your call.

 

my attitude to all this is i will not take a backward step after the way the banks have treated me, who dares wins and all that.

 

once again good luck, and i will let you know when i recieve something

 

regards kevluff

:mad:LF53
Link to post
Share on other sites

letter from tecos arrived today, worded differently from others i have seen but basically saying the same, ie we dont agree please go and get stuffed and thanks for takeing the time to write to us.

 

i feel a LBA moment comeing on

 

better news on the hsbc front, an offer of 1995 quid, bit tempting but will give it some thought

:mad:LF53
Link to post
Share on other sites

Hi Kevluff, you go for it, get that LBA sent. It will be court action from me on Wednesday next week, just going to court now to file against Abbey! Have you a thread for your HSBC claim?? Would mind a read :-)

Link to post
Share on other sites

Hi, its Wednesday this week, havent heard a peep from them since my last letter posted on here! Clocks ticking, two days to go! I feel quite confident about things since visiting the court last week with my N1 for my Abbey claim. I think I may become a regular visitor sooner rather than later, I keep thinking about all my other cards/accounts that I have had and I am set to take action against most of them:D Will keep you updated!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...