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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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kingofkings v Halifax


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I started this claim on November 24th, Send off the SARs Letter, recorded delivery but it was never signed for what so ever. I only realised they had received it when the £10 Cheque I enclosed was taken out of my account on November 30th. I then received a reply to the SAS request with no date on the letter but this letter was letterheaded from HBOSplc and it was from Carlton Street, Halifax, so not sure when I got this, but days later on the 11th of December I received another letter thanking me for my letter for requesting statements etc.. and I would receieve my statements shortly, this one was also letterheaded from HBOS but from Trinity Road, Halifax.

 

Days later, I'm not sure if it's related but I was sent a booklet of the banking code and Halifax's changes and amendments of their banking conditions, the same stuff I had received a months previous with my latest statement, but anyway, moving on.

 

I received my statements in one thick brown envelope on December 18th, I went through them that night and sent off the Preliminary approach for repayment letter for request of re-payment of £743.00 plus £52.43 overdraft interest, so a total of £795.43

 

I sent this letter off on December 19th and it was received by recorded delivery this time on December 21st, I have now received a letter today, (December 29th) a letter from Halifax Customer Relations, dated December 22nd. Which goes as follows.

 

Dear Mr Norton

 

Thank you for you letter, which was received at this office on the 22nd December 2006.

 

I am sorry to learn that you are unhappy with charges applied to your account.

 

We're keen on to deal with your concerns as quickly as possible. A Customer Relations Manager will investiage the points you have raised and you will received a reply shortly, but certainly no later than 4 weeks.

 

You will find enclosed a copy of our leaflet, which tells you how we will handle your complaint.

 

Your concerns will be dealt with as quickly as possible, but to help us deal more efficiently with your enquiry, please quote XXXXXXXXX when writing or telephoning the number at the top of this letter.

 

Now, they received the letter as by recorded delivery on December 21st, so I have given them 14 days to reply to the letter which I sent, but they have just sent me a letter saying it's being dealt with, and could take up to 4 weeks. Their 14 days expire on the 4th of January, but I'm going to give them until the 8th of January 2007, because of Christmas Day, Boxing Day, New Years Eve and New Years Day.

 

But now i'm stuck a little bit as they've replied to my letter but obviously the 14 days only count towards tem replying and accepting my requested and letting my know a date when I should received payment of the unlawful charges in question. But they've responded within the time period with a complaints letter as above, so where do I go from here, do I wait for reply from them? Or wait until the 14 days is up and send them the Letter Before Action letter?

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It the standard letter that seems to be being sent out (i recieved mine 3 weeks ago and settled yesterday) stick to your deadline of 14 days that you gave them to reply.

I personally found it so worthwhile giving them a ring the day before i was due to file in court and on the phone they made an offer of £4,311 i called next day to say it was enough and they offered me £5,500.

so please dont give up, lol i think they are very busy!!

Good luck with your claim it will all be fine

claire:)

Halifax have settled!!!!

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Thanks for the reply. I have no intention of giving up.. These charges are only 2 years in the making and as a result have made me miss payments on other debts that have no run up. So I intend on taking this all the way to get my money owed so I can shut those Credit Card companies up that keep breathing down my neck... Then I shall be doing the say to them :)

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  • 2 weeks later...

Just keeping people updated, I am just about to send off my LBA letter, but yesterday, Monday 08, Jan, 2007 I incurred 2 further charges to my account. Am I right in thinking I cannot add these to this claim and it would of course have to be a new one?

 

If anyone can let me know If i can add those two further charges or not before I send out my LBA, that would be great.

 

Thanks.

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These charges won't be taken out of my account until January 15th though, and the £28 unauthorised overdraft fee will not go out of my account until February 28th..

 

So I would be unable to add these to my LBA Letter, is that correct?

 

The only thing is, the £28 Charge would be taken from the account when this claim is over, so I don't know what to do, my LBA is scheduled to be sent off Thursday this week so if anyone can reply and help me out before I send my LBA then that would be great.

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Don't forget you can add these charges on to your court claim when you file and they will have been taken out of your account by then, the only one that won't is the £28 charge, if you settle with Halifax before filing add that on to the amount you are asking for or ask them to take it off. If you file for court action and the £28 has not been taken you may have to let that one go - but someone else may be able to help you more.

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Hi i am new to this process and also claiming from the Halifax (£2000) sending off my statement copies tomorrow with the claim letter, so hopefully we can compare results,

did you send off to your local branch or head office as i am sending to Customer service manager at Leeds ?

Good Luck!!

Degs 444

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Well I sent my LBA yesterday, and today Halifax have offered me £743.00 which is what I am claiming back, without the further charges added on. I mean I would like to accept this offer as it's what I was previously claiming, and as I calculated the interest wrong, they are not going to be refunding that.

 

I have sent my LBA before this letter arrived today offering me the full amount, minus interest. But stating if I accept, further charges will stand and they reserve the right to close the accept if I do not manage it correctly etc etc..

 

Before I accept, anyone want to advise me of something else? And would Halifax ignore the LBA i sent if I accept this offer?

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If Halifax have offered all your charges back thats good - but you want all your charges, did you add the extra charges onto your LBA - if you have and the halifax have the new figure why don't you ring them. Tell them you are willing to accept all your charges back and that they have a copy of them sent with your LBA and so the figure is now xxx - then you won't file court action hence no extra costs with interest to halifax.

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Just searched through my letters and if you are going to ring them try:

Alan Molineux

Review Manager

0121 234 1068

He was extremely nice and helpful, I was due to file my MCOL on 24 Dec but rang him on 22 Dec and he refunded all my charges, got acceptance form down next day - but also during christmas week got a letter to say I had incurred 3 more charges so rang him up and he took them off so I didn't have to pay them. Worth a try if you would like to settle before court action.

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Hi, thanks for the reply.

 

I didn't add the extra charges in the LBA as they hadn't been taken yet, so I didn't think they are claimable until after they've been taken.

 

So the LBA still states the £743, so I am deciding whether or not to accept it now, as the current offer would settle any outgoing bills I've had to put back because of the 'new' charges. I suppose it's a bit of a catch 22, accept the offer, and just lose £90 of the charges to be taken on Monday, or to continue and try and claim the further £90 back, but then that would mean I'd be waiting longer..

 

Since I have the form to send back for acceptance in my hand right now, it and since it's for the full amount I wouldn't need to proceed further, only for the sake of £90, of which I would be using to file a claim anyway, even though I would eventually get the claim costs back anyways but it's just the matter of sitting it out a further 28 days..

 

It's a hard decision to make lol.

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Well why don't you ring Alan Molineux on Monday morning saying you will accept the offer of £743 as long as they stop the £90 charges going out of your account (or if it is too late for that add the £90 onto the 743). I know the charges go out on monday but that will happen monday evening, so they may be able to stop them. Point out this will still save them court costs and interest - may be worth a try - if no good post your letter after this, they will still have it by Tuesday, even if you post it now no-one will deal with it till Monday. If you can't get an agreement with them re: the £90 you may be able to negotiate £60.

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Ok, thanks for the reply, after reading my letter, I have a different review manager, so maybe it would be best to contact the one who is dealing with my account. So I think I should phone my Review Manager who is dealing with my account and see if I can get that £90 charge removed.

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Usually best to call the person named on your offer letter, although any of them seem happy enough to talk to you if you have their phone numbers. Just give them the reference number and explain what you'd like them to do.

 

If you were to go to court then you can add on any further charges up to the date you file your claim, so all you are doing here is updating your claim with a revised schedule of charges. You would do that if you were sending a rejection letter etc.

 

They have the figures to hand for your account, they know what the real total is before you even start doing spreadsheets and sending those to them. It's not like you're asking for something you're not entitled to.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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There's also the option of not signing the Halifax's acceptance form, but composing your own acceptance letter that doesn't tie you to thinking you cannot claim future charges;

 

Courtesy of Michael Browne

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court (you won't need this bit)

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

Just another option:)

HALIFAX

30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95

HALIFAX 2nd claim

5th Mar - 16th Apr - Success in claiming £176

EGG (3 accounts)

20th Jan 07 - SAR posted

17th Mar 07 - Paperwork received - bits missing

19th Mar - Non-compliance for missing bits posted

9th Apr - ICO complaint filed

BARCLAYCARD

20th Jan 07 - SAR posted

21st Mar - Statements received

23rd Mar - Prelim posted

31st Mar - Offer for £30 rec'd

10th Apr - LBA sent

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So do I, got my the letter I have to sign and re-send back, but they didn't send a pre-paid envelope this time, so gonna have the pay the postage, but ah well it doesn't matter.

 

I used the other one as I had signed it and sealed it in advance just incase they didnt add the £90, but never the less.

 

Also in the letter they've over turned the £28 unauthrised overdraft fee, due to be taken on February 28th, even though I got the automatic letter telling me it would be taken today as well, same date as well. I hope there isn't two charges of £28 going out that day as it did state in my charges letter i'd be charged £28th on February 28th, and I got another letter today (16th) dated January 15th saying £28 would be taken, I hope they mean only one charge and hopefully it's that one that's be reversed.

 

I hope that all made sense.

 

If a mod is looking at this, and would like to move this thread and rename the title to **WON** then they can do, although I will send a PM when the money is in my account.

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There's also the option of not signing the Halifax's acceptance form, but composing your own acceptance letter that doesn't tie you to thinking you cannot claim future charges;

 

Courtesy of Michael Browne

 

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court (you won't need this bit)

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge)

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

 

Just another option:)

 

Me again, Just reading the letter you quoted, at the bottom it says 'unless of course your client wishes' .. as I'm just deadling with a Halifax Review Manager and not one of Halifax's Legal Team, I suppose I wouldn't add that, if I were to use that letter.

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Hi, I have done a copy of the letter that was quoted above and change the last bit, do you think this would be acceptable? And would be accepted, instead of signing the agreement they sent me where is says I am unable to claim any furture charges.

 

Here is the letter

 

 

Wednesday, 17 January 2007

Dear Diane Peter

Ref: xxxxxxxxxx

 

Roll Number: xxxxxxxxxx

Account: xxxxxxxxxx

Sort Code: xx-xx-xx

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £833

I accept your offer as full and final settlement only for this claim of bank charges made on my account between 11/10/04 and 15/01/ 07

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course you wish to make an offer of due consideration in addition to the amount of £833, in order to be afforded this privilege by myself.

I trust that you will find this arrangement acceptable.

Yours Sincerely

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