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    • 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)  
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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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Telephone Harassment Letters Not Respected.


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HFC Bank gave me an early morning call. 0738am to be precise. And they called yesterday.

 

I sent them the letter about telephone harrassment, and things did go quiet for a couple of weeks, but now they have started again. Mind you, I don't speak to them; all my calls go to answering machine before I decide which one to answer :p I just log them all in my HFC File.

 

xx

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HFC Bank gave me an early morning call. 0738am to be precise. And they called yesterday.

 

I have never had a call that early ... about 6 or 7 minutes to 8 has been the earliest ... I thought that DCA's were not suppose to start their collecting activity until 8am - or is that just duff info I have picked up?

I started with nothing - and now years later, I have most if it left!

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This is **** that you are dealing with they have no respect for people that owns them money they do not care how or when they harass you all that they see in front of them is pound signs, not a person at the other end of the phone.

 

Report them. :mad:

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I think the problem is that the first, and only time I answered a call from HFC, I ended up cutting the call off as the 'nice lady' was getting belligerent...I don't do belligerent...especially on MY 'phone and in my time!

 

My telephone provider have a service to bar calls, so I'll just input some numbers after each time they call and the number won't be allowed to call me again...genius! I do like the idea of telling them I'll charge them for each call made though...again, pure genius!

 

xx

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I'm currently one of the lucky ones as I'm not getting many calls at the moment, but after installing a line card into my home PBX, I can record calls on both my VOIP and my landline number.

 

I'm thinking of recording a message along these lines, which will be played to any caller added to a blacklist:

 

Hello, and thank you for calling. If you are hearing this message for the first time, then congratulations on becoming a member of an exclusive but increasingly popular club.

 

This is not a live service, and calls from your company have been blacklisted.

 

Despite repeated requests for your company to conact me in writing only, your representatives have continued to call my telephone number. Please note that I find these actions to be in contravention to the Administration of Justice Act 1970, the Protection from Harassment Act 1998 and the Communications Act 2003. Your call has been logged, and may be given in evidence.

 

If you continue to call this number, I will find it necessary to report your company's actions to OFCOM, OTELO, Trading Standards, the OFT, the FOS and possible legal action to seek an injuction plus compensation and costs.

 

This call will now terminate. Goodbye.

They call back, and it just plays the message again and again. :-D
  • Haha 1

ftolad v. Lowell - Statute Barred letter - * WON *

ftolad v. Scotcall - CCA'd, no agreement - * WON *

ftolad v. Mac Hall:

Still ongoing, official complaints procedure requested - 14 days to comply before TS, OFT and FOS.

 

All thanks to advice from CAG. :)

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Guest forgottenone
This is ****

 

Utterly correct and ... and how better to treat '****' no differently than any other criminal out there. If they don't want to stop abusing you using the phone ... do not comply with your perfectly reasonable, legal request(s) to stop ... then they should expect to reap the consequences. ;)

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Guest forgottenone

Oh, add to that. See see so many reports of abusive phone callers in the papers regularly ... hoax calls ... harassment ensured to damage the victim or place them in fear for their lives, well being ... hoping too much but one day may we be seeing the actions of a DCA, creditor being shown up in the press in this way? I hope it does!

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Just a further point to my last post above, I referred to OTELO, the Office of the Telecommunications Ombudsman.

 

It appears that OTELO will investigate complaints from customers of any member companies signmed up to their service... I would imagine that very few would, but you never know.

 

Member companies can be found at the following link:

 

Office of the Telecommunications Ombudsman - Membership

 

They work in a similar way to the FOS, and make judgements after investigating both sides of the complaint. I would suggest that complaints should initially be raised with OFCOM first before getting help from OTELO, as their mandate is clearly defined in the Communications Act 2003.

 

:)

ftolad v. Lowell - Statute Barred letter - * WON *

ftolad v. Scotcall - CCA'd, no agreement - * WON *

ftolad v. Mac Hall:

Still ongoing, official complaints procedure requested - 14 days to comply before TS, OFT and FOS.

 

All thanks to advice from CAG. :)

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  • 3 weeks later...

I have sent letter of harrasement and that future comunications should be by letter a couple of days ago and today i recieved a phone call from HFO who the problem is with with them ringing me to tell me the letter has been recieved!!!! Now had two more missed calls from them they are really p***ing me off

CCA sent Crapquest ran away...

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Hello NO2!

 

Abbey National

 

If it's an Abbey Credit Card, then it could be MBNA behind the Harassment, as they have handled Abbey's Cards for some time.

 

Although I gather that may be changing!

 

This may not apply to you, but could well apply to others...if so, I'm just making sure a good portion of the blame goes where it belongs...Chester Towers, again!

 

Cheers,

BRW

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I hate to say it, but tis ok to send the letters and for majority if not all will ignore it, I lost count how many times barclaycard phoned, soooooooooooooooooooo I warned them 3 times, 2 by recorded and 1 by special. it still got ignored so I took em to court, end result I got some dosh and poor barclays got a CCJ.

 

until more people do this it will never stop until it starts costing them.

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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just remember tho, log all calls and missed calls DON'T COUNT

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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Hello NO2!

 

 

 

If it's an Abbey Credit Card, then it could be MBNA behind the Harassment, as they have handled Abbey's Cards for some time.

 

Although I gather that may be changing!

 

This may not apply to you, but could well apply to others...if so, I'm just making sure a good portion of the blame goes where it belongs...Chester Towers, again!

 

Cheers,

BRW

You are actually very correct :)

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Strangely the calls from HFC banker(s) have stopped. Now of course this could be due to the fact that they have staffing issues, or they have got fed-up with my rather dreary answerphone message that is almost patronising. Anyway, for whatever reason they have stopped. So now I am almost willing them to ring again as I had accumulated quite a hefty case against them for the relevant authorities to sink their teeth into. Drat!

 

xx

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  • 2 weeks later...

HFO Services.

 

I requested to be contacted in writing only in my CCA request letter, and also included the 'telephone harrasment' letter in the same envelope. They acknowledged receiving these.

 

I received a call from them last week, and informed them again that they are not to call me.

 

The next day I received a call from them but the caller asked me my name and then hung up.

 

This weekend just gone, I was woken at 8am Saturday morning with a call from HFO and again hung up on.

 

I'm about to bump my 'case thread' asking for advice on who best to contact about this as I would like to take it as far as I can in order to land HFO in as much s**t as possible!

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  • 3 weeks later...

I'm currently in a dispute with Sky Card regarding telephone harassment.

They seem to think it's fine to contact someone 3 or 4 times daily, they have now been sent a reply to their initial reply. I answered one of their calls from the Milton Keynes Collections Centre, and the Customer Service Advisor was very rude, when I told him my rights, and to remove my number he responded by saying that he wasn't removing the number because I owe them money. I will not be spoken to the way he spoke to me, so I have since left them in no doubt that if they do not stop, this will be taken further.

 

Regards

Kieran

Regards

Kieran

_______________________________________

Harassment Complaints Ongoing

Sky Card

Capital One Bank (Europe) plc

 

Harassment Complaints Won

Mercers Debt Collections Ltd

Nationwide Debt Recovery (NDR)

The Royal Bank of Scotland plc

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Capital One refuse to stop caling. I've resorted to changing my mobile number now as I was overseas for 4 weeks and couldn;t cope with them phoning nor with financial cost of their incoming calls!

 

They received official harassment letter months ago (2007) and I complained to FOS. Found out a couple of days ago the FOS have now given me an adjudicator who will look into my complaint. Have not got much hope to be honest as what I've read so far about FOS is that they support company's who say they only want to phone 'once' to speak to us... regardless if they phone several times attempting to do this!!

 

Will update on FOS result but would appreciate anya dvice on what to write as extra to FOS who have asked for an update (since my complaint in 2007!)

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Hi all,

I have asked this question in the PPI section,but as yet ,no-one has replied.

To cut a long story short,Dell computers wrongly applied PPI to our account.They were debiting our account each month for payment,but they suddenly stopped in January this year.We have no idea why,We have not cancelled the dd,but then they wrongly passed our account to a dca,who have sent threatening letters,and we have received phone calls from them.The FOS are involved in this now,and Dell have made an offer of £120.00 for the PPI,but we have also requested that we should receive compensation for the account being wrongfully passed to a dca,harassment caused,distress,and a default being placed on our credit file through Dells own incompetence.

How much compensation will we be in a position to ask for through all this,or any idea of how much a judge would award.

Any ideas would be greatly appreciated.

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Hi Andrew1,

So very pleased to hear from you.

A question ,if I may.

I have replied to the fos ,stating that I want to receive some sort of compensation for the account wrongly being passed to a dca,and for the harassment etc; caused.

Should I send a second e-mail reply to the person that is handling this case,qouting the judgement above?

Maggiex

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...Dell have made an offer of £120.00 for the PPI,but we have also requested that we should receive compensation for the account being wrongfully passed to a dca,harassment caused,distress,and a default being placed on our credit file through Dells own incompetence.

How much compensation will we be in a position to ask for through all this,or any idea of how much a judge would award.

Any ideas would be greatly appreciated.

 

 

Before thinking about courts and judges, have you considered:-

 

 

  • Did the money they took result in bank charges, debit interest, or a reduced sum of credit interest?

 

  • Did you have to spend much time and money dealing with this? If you were going to court you may be able to claim for that as well as any sum for distress and harassment. And don't forget loss of earnings, if demonstrable.
  • Compensation is not automatic - you have to convince the court you were harassed - eg provide details of their antics, such as times/dates/frequency/tone of letters and calls. The use of a DCA and the Default do not attract any compensation but harassment and distress could.
  • Can you demonstrate any loss due to the default on your credit files?

 

  • Did the paperwork Dell gave you when you bought say you were paying for PPI? If so, a Judge might wonder why didn't you challenge them when you read it. If not, the Judge may ask why you didn't kick up when the direct debits were more than agreed.

 

  • Does the £120.00 include any element of compensation, or is it simply a refund? The FOS may conceivably order them to pay you more (if you have made a case that justifies it within their remit).

Whatever you do, make sure any default is removed from your files at the CRAs, not just marked as settled.

Halifax (current accounts, credit card, old mortgage, secured loan)

thread here

 

MBNA (three credit cards)

thread here

firstdirect (a current account, two mortgage accounts, old loans, old credit card)

they've sold my current account. thread here.

 

Royal Mail

Claim issued by former employer Royal Mail, thread here.

I counterclaimed and won. They paid in full.

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