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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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    • 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.
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Hi, new-ish. Young V Nationwide


Bev77
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I've spoken to the court this morning and they have received my AQ (I know they have, I took it there myself!). It seems that a judge has seen it and made an order, but he couldn't tell what the order was. Also Nationwide received an AQ, but have failed to return theirs.

 

So the clerk thinks it could be a few things:-

 

-The judge has requested a hearing

-The judge has requested more time for them to file their AQ or to try to resolve the matter one more time

-The judge could have ruled in my favour as they haven't filed their AQ.

 

He said that I should receive something within the next few days from the court, hopefully by the end of next week.

 

So that's it then, just sit and wait for Mr Postie!

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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oh no !!! This is like reading a book and the last page being ripped out lol.

 

Please keep us updated as soon as you know anything

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  • 2 weeks later...

Still heard nothing from the court. I rang them again on Thurs 2nd, and was told surprisingly that "the person who is dealing with my claim has been off sick for 2 weeks, has just come back and is now starting to go through her workload"! and I should hear something within the next week!

 

I'm starting to think they are having me on here! Should it really take this long?!?!

 

Oh well, I'll give them until the end of this week, and if I still have not heard anything from them I'll ring them, yet again.

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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You would think the courts would be a bit more organised than that wouldn't you. As I found out to my detriment (see my Nationwide thread) - you must keep on at the courts as they will forget to do things along your timeline - amazingly, very similar to the banks!

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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aww the suspense is killing me! I'm dying to find out what's happened - can you let your local court know that there are thousands of us patiently waiting for the next instalment!

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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I agree, Im at the this stage with my natwest claim, and the courts have bodged my claim up all the way!!

 

first off it got transferred to a court 300 miles away. then it went to the judge for a direction hearing - and it has never been heard of again!!!

 

I keep phoning every day but they still dont know where the paperwork is!!!

 

So if anybody in Manchester finds it please can they send it back to Wales!!!! Ha HA

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Well my weekly phone call to the court is due for tomorrow, I'll let you know what they say!

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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Calm down debt maybe shes out shopping with her money Hmmmmm?

 

Or like another comerade of mine on here.....still in bed with a hang over!!!!!

 

I must remeber not to celebrate too much eh!!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Sorry forgot to ring them last week.

 

I've rung them this morning and the case has now been passed to the processing dept at Haywards Heath (not sure if that is the court's or N'wide's?) and an 'unless order' has been sent to them.

 

It means that unless they submit their AQ by a certain date, then the case will be thrown out, and we'll automatically get awarded the rest.

 

She couldn't tell me the 'unless' date, but I should hear something 'soon'.

 

*small, quiet woo-hoo* for me!

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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Bev77, sorry if it appears like I'm hijacking your thread but I thought I'd share with you whats happening to me. It appears that nationwide is now trying to make things difficult. I'm going through exactly the same only you are slightly ahead. They refunded me half of what I was claiming leaving me short of £1600 approx. I have written to Mr Bacon and e-mailed an got a reply stating that my schedule of charges was incorrect because it included the date direct debit were returned as well as the day they were charged, therefore duplicating charges debited and giving me a figure in excess of the sum debited. This is total rubish as you may well know that in the statements the fees are actually recorded clearly and there is no charge on the date the direct debit is returned. I feel like nationwide are trying to confuse me and in a deceitful way. They have now filed a full defence and the case has now moved to court. I will be following your thread closely. I have also been going through the statements thoroughly as they have made me paranoid. In the mean time good luck!

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Bev, I would fully expect Nationwide to submit an AQ on the last day expected of them. That's exactly what they did to me.

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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In relation tothe above post - I noticed that whenI was filingon behalf on my HUBs that despite the nice binder inwhich the staement came, the statement sheets were mixed in with the charges Statements. So when I came to input themonto the spread sheet is basicaly doubled up the charges. It was only beacsue I had a rough idea of how much we were due I picked up on it!!!

 

I wonder how many people have been confused in this way?

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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Jburchell - They've had plenty of time to submit their AQ before now, this is their second chance to submit it, so I'm keeoping my fingers crossed that they won't.

 

groovyglo - Good luck with your case. I assume that you have checked your figures THOROUGHLY, just to make sure that they are not doubled up? As long as you believe that your figures are correct and have the statements to prove it, then I can't see there being any problem as far as the court is concerned (re figures). Good Luck

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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I've received a letter from the court this morning. It's a General Form of Judgement or Order (N24)

 

It says:-

 

'Upon the courts own motion. The court has made this order of it's own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

Unless the defendant lodges at Court an allocation questionnaire by 22 November 2006, the statement of case of the defendant in default be struck out.'

 

Am I right in thinking that if it's struck out, that means I win? And I get the rest of the money? Or if it's struck out, that it means that it's all over, and nothing more can be done?

 

I'm hoping it's the former. Can anyone clarify for me?

 

Bev

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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I'm reading it as you do Bev77, but I'm not 100% sure - why not pm a mod if you don't get an answer... the saga continues

I'm in the same boat with an underpayment and the case is sitting on the judges desk due to a backlog

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Bev, I had the same letter from the courts when Nationwide failed to lodge an AQ when I continue my claim against them following the shortfall in payment.

 

See my thread here...

http://www.consumeractiongroup.co.uk/forum/nationwide/24462-burchell-nationwide-2.html

 

If they do the same with you as they did with me, they will file an AQ on the final day and the case will go before the judge for a hearing date. That's where I'm at now.

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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I have read in some cases Natiownide have had up to three weeks after the AQ deadline to file their AQ. It causing a big stink in circle aon here.

 

I wonder if the court would grace us with the same flimsy deadlines!!!

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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It means the both :) "you win" AND nothing more to be done. they lose by default.

It's not the size of the dog in the fight, but rather the size of the fight in the dog..:D

MBNA SETTLED IN FULL £216.00

Preffered Mortgages Ltd MCOL going in for £3.5K

Nationwide £702.00, SETTLED IN FULL.

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JBurchell - you were right!

 

They filed their AQ on 16th November, and it has to go before a judge now. So I guess just wait for the date to come through.

 

Now I'm starting to panic!

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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Hi Bev, try not to stress too much about it. Send a letter to Charles Bacon asking him to explain the difference. He replied to the letter I sent him below within a couple of days - even though I had asked him twice before to justify the short payment (see my thread to understand the bit about Ms Henderson!):

 

Dear Mr. Bacon,

 

ACCOUNT NUMBER: xxxx – CLAIM No. xxxx

Please find attached a letter recently sent to Ms Henderson in your Flexaccount Collections department. I believe she has been in contact with you recently regarding this debt and my current court case against Nationwide ref: above.

Please can you tell me whether you intend to assist Ms Henderson in resolving this matter? I do intend to continue with my court case against Nationwide but would obviously rather resolve this issue sooner if possible – as I’m sure you would to.

 

At least if you have the breakdown, you can understand why there is such a difference - he may have missed some charges when doing the calcs. With me, we had both missed some in our figures and it worked out almost the same total.

 

I'm still continuning my claim as I'm still after the £100 allocation fee that I've paid to the courts and interest from the date they refunded me the money (which is only £6 but it's the principal!).

 

If he doesn't respond to your letter, then just carry on to the court! Although, the courts seem to all have massive backlogs at the moment.

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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  • 2 weeks later...

I received another 'General Form of Judgement or Order' yesterday morning(sat).

 

This one says:-

 

Before District Judge XXXXXX, Upon reading solicitors letter for the defendant

 

IT IS ORDERED THAT

1. Pursuant to Civil Proceddings Rules 27.2.3 the Claimant do file and serve within 14 days of service of this Order a schedule setting out by reference to amount and date the charges that she complains about and the reason in each case and identifying whether the Defendant has refunded those charges pursuant to its pleaded Defence.

 

Dated 29 November.

 

So I take it all that jargon means that I havae to provide the court a copy of my schedule of charges(ie breakdown of charges which were submitted in the first place) and a copy of their schedule of charges and to show the difference between the 2, and retunr it within 14 days to the court?

 

Am I right? If so, how do I got about getting their schedule of charges? Would the court have a copy? If so, would they let me have a copy? If not, I take it I write to NW and ask them to send me a copy of their schedule of charges to compare with my own, so I may see the difference in the figures?

 

Oh Gosh, it's all getting so complicated now! Especially as I'm on such a tight time frame, as NW aren't known for their speediness are they? I doubt the court would grant me the same leniency they have shown to NW when filing their AQ.

 

Any replies/ideas greatly appreciated.

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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I need to send a letter asking them to provide me with a list of the charges they have refunded so far. How does this sound?

Dear Mr Bacon,

 

ACCOUNT NUMBER: XXXX/XXXXXXXXX CLAIM NO: XXXXXXXX

 

Please can you provide me with a complete list of charges with dates and amounts of each charge refunded so far so that I may check them against my own figures to identify where the difference is. I do intend to continue with my court case against Nationwide but would obviously rather resolve this issue sooner if possible – as I’m sure you would to.

 

Yours faithfully,

 

Also as my account has been closed for some time now, can I still claim interest on the outstanding amount?

  • Haha 1

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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Sounds like a fine letter to me Bev.

 

No reason why you can't claim interest either. You don't need your account to be open in order to continue with an interest claim.

Nationwide Current a/c - MCOL filed 16/8/06 - Refunded 1/9/06

Lloyds TSB CC#1 - Failed to respond in full to Data Protection Act. Awaiting date of court hearing

Lloyds TSB CC#2 - Awaiting date of court hearing

Marbles CC - Refunded at LBA stage £100!!!

Citi CC - Date of hearing set at 15/1/07

MBNA (Abbey) CC - MCOL filed 27/7/06 - Refunded in full on day Abbey had to acknowledge claim!

Capital One CC - MCOL filed 27/7/06 - Refunded in full 17/8/06!

Abbey Current a/c - Awaiting date of court hearing

HFC Loan - MCOL filed 25/8/06 - Refunded 8/9/06

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