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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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Dotty v Lloyds TSB loan account


Dotty111
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Hi

I have been having problems with TSB for over 12 mths. They started when they made me overdrawn (their fault) by paying a DD for £600 twice!(and on two occasions)

Anyway it spirraled from there, they charged me (what a cheek) and refused to admit it was their fault. Eventually they did and paid me £100 compensation but by that time the charges were in excess of £500 they refused to refund these so i am in the process of claiming them back. I changed accounts eventually because all of my salary was being eaten up in charges. However I still had an outstanding loan with TSB which I paid by DD but when i changed to my new bank they refused to accept the DD from them saying that it could only be taken from a select account as this was the terms of the loan (how stupid) after months of fighting and getting nowhere I eventully had to transfer money each month from my new account to the old TSB account which was a pain and also cost me! this has been going on for months until eventually in December TSB decided that they were no longer going to accept my money transfer and sent it back!!!. Also I was still getting my child benefit and tax credits paid into the tsb account which covered half the loan but guess what they will no longer accept these credits either. so i now have no means of paying the loan. Also there is an outstanding overdraft of £200 on the account which they want repaying but when i sent this amount through last week guess what they sent it back. Oh well fun and games and a few letters winding their way to them and the DCA cronnies.

Mrs H

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Cant remember at the moment who the DCA are have a couple on go at mement and not got paperwork with me but will check tonight. (either first credit, credit solutions or BLS) Had a few letters from them in past week or so but yesterday sent off a CCA request. Also sent off SAR as the amount has increased so they have been adding charges i think. Loan is 4 years old was taken out over 3 years ago for £9,000 but still a balance of over £5,000. I have made payments religiously of £301.00 pm up until about 3 months ago when they started messing about with the payments so even with my crap maths abilities the figures don't add up. I suspect that PPI has been added but i know i specifically said i didn't want this as we were trying for a baby at the time and the advisor told me that ppi did'nt cover maternity leave and as i intended to take 12 months off there was no point in taking it out as for normal sick leave i am paid anyway so it will be interesting to see what the agreement shows - thats if they produce one.

Mrs H

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  • 3 weeks later...

Well Lloyds TSB have gone into default with my loan CCA request, their 12 days are up. They have cashed my cheque but no agreement forthcoming. Still have plenty of time left on S.A.R. request but have not even had an acknowledgment to my letter. How rude since their DCA have been writing to me demanding a response(by phone) oh well another waiting game i suppose.

 

will keep thread updated

 

Thanx

Mrs H

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  • 4 weeks later...

Dum de Dum still waiting. Lloyds TSB have now committed an offence yipppeeee. (15th March) they are also in default on my S.A.R as of 9th March. Not sure what my next step should be should I just sit tight or shoul i be considering doing some more letters. Have never really got passed this stage before with any of my accounts so am a bit uncertain as to what to do now. Any advice would be great

 

Thanx

Mrs H

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  • 2 weeks later...

no I have had nothing at all it has gone surprisingly quiet, don't know if this is good thing or what but I am £300 per month better off as I am not paying the loan repayments. They are not even chasing me for these.

Mrs H

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  • 1 month later...

what a cheek. after receiving no response or credit agreement or copy statements from BLS they have written to me again. Bearing in mind that they are in default under both CCA and DPA. They have written as follows

 

We wrote to you recently requesting that you brought you payment programme up to date (didn't have a payment programme!!) and you have not made contact with us.

 

As you have failed to contact us you must now pay the balance in full or telephone the above number immediatley.

 

Failure to do so will mean we will have to consider making contct with you by telephone(they already have by the way) or considering whether a personal visit is required. (tell me when and i will have the kettle on)

 

Yours sincerely.

 

bearing in mind that my S.A.R. and CCA request was sent by Rec Del signed for and the cheques cashed how can they say that I have not been in contact with them. I feel like I am going round in circles a couple of months of quiet then an onslaught of letters and phone calls. I have obviously sent back a letter to them pointing out their failures, to what good that will do I don't know. Oh well onwards and upwards.

 

Thanks for listening

 

Lady H

Mrs H

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UNBELIEVABLE. A week after sending the DCA a scathing letter pointing out all of their failings i.e defaults over CCA request and S.A.R not to mention the telephone calls I have today had another letter from them. One of their churned out letters please contact us as a matter of urgency blah blah blah.:evil: Are these people stupid! no don't need to answer that one. I know there are some really great witty but to the point letters floating round the forums so I am going to spend some time looking for an appropriate one to sent them. In the meantime if anyone has a quick link to one I would be grateful for any help.

 

Thanks x

Mrs H

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Tremendous. Today another threatning letter arrives from the DCA. "You have not responded to any of our letters blah blah .....we will now have to enforce payment by one of the following ways etc. Can anyone out there help me with the next stage, I think that I have written every appropriate letter to them now so I am at a loss as to what to do or write next.

 

anyone please

Mrs H

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Hi Dotty,

 

Did you send the SAR and CCA request to the DCA or the bank.

 

Just wondered if the DCA may have banked the £10 and/or £1 cheques against the debt.

We could do with some help from you

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Dotty - I had a similar thing to you regarding PPI - much to my tremendous amazement a guy in branch helped me make the phone call to find out what the ammounts were - there is PPI and the little darlings WILL be giving it me back - it shouldn't be there as I was a student when the loan was taken out so it was agreed it wouldn't be there

If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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I have Apex chasing me BTW - I am currently temping until a full time position kicks in so haven't been able to make payments - they tend to go quiet then i get a couple of calls and it seems to be good cop bad cop - someone who is easy to fob off then someone who is a bit abrupt but sounds alot more confident but still spouting completed crap

If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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Hi slick123

 

I sent the chqs to the bank and after they were cashed the DCA started chasing me. I not so politely pointed out that account was in dispute etc and they should not have been chasing this account. Put all the usual legal jargon in and they wrote back very put out that they had not been told by tsb that account was in dispute etc and how were they to know I had requested these docs etc.(not my problem pals) they said they would put the account on hold and get back to tsb. Lo and behold no statments for loan as requested and no CCA but they continue to send me enforcement letters.

 

Red vixen have you claimed back your PPI yet. I am sure they have added this on to my loan account as the figures don't add up. Although I can't check this yet as they are in default of my S.A.R Still saving myself £300 per month in loan payment so their loss

Mrs H

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Dotty try calling the loan centre - I got the figures form them with no problem - I also still have my CCA so I can see it was added though I didn't read it properly when it first arrived and didn't spot it. I basically just asked them to confirm the loan amount and any PPI that had been added - Lloyd's seem to do the single premium up front PPI as well which is expensive and apparently the easiest to claim back

If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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Dotty,

 

It really would be better if you have just the one thread for this subject. People posting here or on your thread in the Debt forum may only see part of your case history and you'll end up getting less accurate advice.

 

Please stick to just one thead for this subject from here on.

 

I'm subscribed to both threads just now so, if you don't get other answers, I should be around to help if I can.

 

Thanks for your co-operation. ;)

We could do with some help from you

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will do sorry about that. i have just posted a reply on the debt thread but from now on will stick to this one. There are enough threads on here without me confusing things even more:roll:

 

Today I am sending a S.A.R for my TSB current account which the loan was origionally coming out of. They are already in default with regard to my loan account S.A.R. so I am not holding out much hope . I know that I can issue proceedings for non-compliance but I was thinking of waiting to see if they comply with this request first and if they don't issue for non'compliance of both at the same time.

 

Will keep u updated.

Mrs H

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  • 2 weeks later...

well received another letter yesterday from BLS

 

Dear Dotty

 

Thank you for your letter dated 14th May 2008. Unfortunatley your previous letter does not appear to have been received. (this is an out and out lie as you will see from my reply). Please also note that we are not aware of any dispute with TSB.

 

A copy of the origional loan application together with statements for this and your bank account have been requested today. and will be forwarded to you shortly. In the meantime we do require further details of your concern and until we are in receipt of this information the balance remains due and payable ( what!!!)

 

Yours sincerley

 

here is my response to them

 

 

BLS Collections

Oxford

 

Dear sirs

 

 

Your Client Lloyds TSB

Acc No xxxxxxxxxxxxx

I refer to your letter dated 2nd June 2008. Firstly I am extremely surprised and concerned that you claim not to have received my previous letter dated 28th January 2008 even though this was send recorded post and the Royal Mail tracking system confirmed that it had been signed for!

 

Call me cynical but it does appear somewhat strange that the only letter that you do not appear to have received is the one containing my statutory requests under The Consumer Credit Act and The Data Protection Act. I would also like an explanation as to how the cheque in the sum of £11.00 which represents the fees payable for requests under the above Acts and which I forwarded to you under cover of the letter “you did not receive” was cashed on the 11th February 2008. Given your record however of avoiding answering any questions put directly to you I won’t hold my breath waiting for a response to this one though I doubt a District Judge would be so lenient.

 

I state again this account is in dispute and has been since at least 15th March 2008.

 

You also appear to be under some misguided illusion that despite the account being in legal dispute you still have the right to try and enforce the account and I quote from your letter “we require further details in respect of your concern and until we are in receipt of this information the balance remains due and payable.” Perhaps you can point out to me the part of the Consumer Credit Act that states this.

 

The Act gives the consumer the right to see their agreement at any time. This is section 78. The thing about section 78 is that it gives 12 days to supply the document requested, if the agreement is not supplied in that timeframe then you CANNOT enforce the agreement. After a further 30 days they have committed an offence therefore you have been in criminal default since at least the 15th March 2008. May I suggest that you read S.78 in its entirety and pay particular attention to par.6?

 

If however it is still you intention to continue pursuing this account I strongly advise that you take legal advice before continuing. Any further requests for payment will be met with legal action for harassment under the 1997 Protection from Harassment Act.

 

I urge you to read the whole of this letter very carefully and expect a rapid response from you.

 

Yours sincerely

 

DOTTY

 

Could any of you clever bods out there have a quick look at this for me before I send it I would be grateful ta xx

Mrs H

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Hi Dotty,

 

The letter looks fine.

 

My only query is you told us you sent the £11 fees to the bank, I assume with the SAR and CCA request.

 

So is it possible the bank got the letters and the DCA knew nothing about it.

We could do with some help from you

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No I was mistaken and I have checked back through my letters and it was on my TSB credit card that I sent the request to the bank.(still waiting for this also they are in criminal default)

This request was sent to BLS on 28th January I have a copy of the letter i sent requesting both CCA and S.A.R. i have the recorded delivery receipt attached to it so they can't say they never received it.

Mrs H

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Then fire it off. :D

We could do with some help from you

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Well on Friday I received all my statements for my current account from Lloyds TSB. This is surprising as I had not yet sent a S.A.R. for this account only for my loan account. Anyway the statements dated back to 2001 and up until the time that they made the mistake of paying my DD/SO twice I had never once been overdrawn was actually quiet proud of myself!.

 

At a quick glance there is about £650/£700 in charges which I will obviously be claiming back. Now at the end of the statements it reads that in December 07 the account was about £279 o/d. There is then an entry which states Tfr to CID which I assume is their collections department and then a credit entry which is identical to the amount of the overdraft which therefore leaves a nil balance on the account. The next entry for the same day reads "account closed. Now I know I never requested that the account be closed as I was still using it to pay my loan and I never received any notification from the bank that they were going to close it I am sure they should have given notice so I am going to look into this before I respond to them. But first to get my claim in for the charges. By the way still no sign of my CCA or S.A.R. request for my loan account.

Mrs H

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