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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Michellemc v HSBC ***SETTLED IN FULL***


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Can anybody help?

 

I just want to make sure that I am going in the right direction and maybe I am one of those that have jumped in at the deep end without correctly understanding.

 

I got my 6 years statements off the HSBC Internet Banking and prepared the spreadsheet (£982.02 TOTAL = £664.50 CHARGES / £317.52 INTEREST). I have broken it down by month but basically done the subtotal, i.e if I have been charged for 2 returned Direct Debits I have simply put Jan 2006 £50.00 - is this wrong and should I amend it to break each charge down along with a date.

 

Also the interest charges I have simply taken from my bank statements again when I have been overdrawn but again no date just e.g 'Jan 2006'

 

I sent my initial request recorded and have noted it was signed for on 27/06 so they have 2 days to reply. If I do not hear anything I will send the LBA but am I okay to then allow them just the additional 14 days if I do amend the spreadsheet when I send the LBA (Am I making sense!)

 

Thanks for any advice.

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hi michelle and welcome, the only interest you should be claiming at this stage is any they have charged you on unauthorised interest! the 8% doesnt go on til moneyclaim stage, ok? on the charges just put x2 if its for more than one charge, any clearer?

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Yes I have only claimed for the interest shown on my statements so that is okay.

 

Will go through and check the total charges and make a note of multiple charges and get my LBA ready for Tuesday by the looks of things!!!

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Sorry just another thought I have since been charged an additional £25.00 charges and £16.00 interest this month (July 2006) -

what happens on further charges once you make your claim?? -

can you claim them back

AND / OR can I amend my spreadsheet and claim July 2000 - July 2006, which means amending the total I am claiming for on my LBA!??

 

Getting confusing now!!!!!!!!

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Don't scare me when it goes to court!! but will amend anyway.

 

The interest charges are taken from my statements, i.e charges when I am in negative balance, the last 4 months I have been charged £54.00 alone - is this right?

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Yes I do so these interest charges are bloomin wrong. Just found the spreadsheet and going to go through it now and see what the interest charges are on my penalties. Buggar!!

Would you start again, my initial letter was not addressed to anybody specific or should I simply send my LBA with an amended amount!!

Thought I was on the ball, read through all the stuff for days before I prepared everything too.

Appreciate your help.

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After reviewing my interest charges it amounted tp £195.00 so not too far off - total claiming £859.76 but due to my printer being kaput I could not print off my LBA. ANYWAY!!

I have today received a letter offering me £600.00, seems the usual standard letter blah blah "if your claim for a refund proceeded to Court, we believe we would successfully resist any legal challenge in relation to these fees. However we are mindful of the time and irrecoverable legal costs that it may incur and HSBC is prepared to make a payment to you representing the charges applied in full and final settlement of this matter. If you are not satisfied with the bank's response you have the right to complain to the Financial Ombudsman Service"

To be completely honest I am not too sure the best step to take next as there are letters mentioned for part settlement and then I have just read a post re banks maybe starting to go as far as court now!!

HELP!!!!

HSBC - £859.76 - Offer of £600 12/7/6

A&L CURRENT - DATA REQUESTED 27/6/6

A&L JOINT - DATA REQUESTED 7/7/6

I

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hi had same problem with filling out the spreadsheet, you know, what should you put in the intrest columns ?

anyway took advice from another helper, and did not include it as it was so complicated as to what was a intrest charge and what wasn't.

i have a authorised overdraft so its difficult to seperate the 2.

my total came out at £800 just for intrest but as i said its difficult to sepreate, not only that, having the right dates for when the intrest was charged and the acount balance at the time was a nightmare !!!!

 

anyway, my charges alone were over £2000,

sending my letter of request for money back tomorrow.

don't give up its worth it in the end, plenty of really helpful people here on the forum to answer any questions

good luck :)

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  • 3 weeks later...

Received a letter today from Mr Langdale offering me my full £664.50 charges BUT there is no mention of the interest I am claiming - what should I do? I am now at the MCOL stage so do I go ahead and do this which incidentally would mean my total claim would go from approx. 859 to 1114 with the 8% interest or should I just accept the £664 charges and forget about the interest charges???

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I am going to call Col! tomorrow and try and get this sorted. I am wee bit scared of them bombarding me with bank jargon and published charges etc...

 

For all you experts out there can you just confirm that basically the interest charges I am trying to reclaim (as all entered on the spreadsheet) is purely related to the excessive charges and had they not charged these to me I would not have had to pay this interest etc etc. With them admitting liability (know they will deny) to the charges how can they deny refunding me the interest???

 

Am I right!????

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You're not phoning him to discuss the merits or otherwise of your claim, it's just a courtesy call to find out if they're prepared to refund the interest as well and save them additional cost. A simple yes or no, Col. And if it's no you'll file at court

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Well after numerous attempts of speaking to different people I never managed to speak to Mr Langdale. The number on the HSBC website takes you through to Scotland and surprisingly nobody (well about 5 people, when I eventually gave up) could put me in touch with the Quality Team. The only way of getting in touch was by sending in a letter or them sending an e-mail on my behalf and I would receive a call in 5 working days - still waiting!

Apparently even the staff from HSBC are unable to get hold of Leeds, they also have to write as they have no contact numbers - ??????!!!!!!!! (yes, rubbish I know)

So Mr Langdale should now be in possession of my final letter advising that if I do not receive a full refund by the end of business on Tuesday I will go ahead with court proceedings so I wait with bated breath......

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So Mr Langdale should now be in possession of my final letter advising that if I do not receive a full refund by the end of business on Tuesday I will go ahead with court proceedings so I wait with bated breath......

 

Got a letter today as follows '

 

HSBC's interest rates are well publicised in respect of both authorised and unauthorised overdrafts. You have asked us to refund overdraft interest on your account. It is, of course, a condition of your borrowing from us that you will pay interest at the agreed rates on that borrowing. As such we will not be refunding the interest that has been applied to your debt'.

 

Has anybody else had the same problem? Any advice gratefully received. Will def go ahead and file on MCOL but worried about losing what they have offered.....

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  • 1 month later...

Hi there, just a quick question for all those whizz's on MCOL!

 

HSBC have just coughed up all the money :D , what happens to MCOL?? Do I need to close anything off, confirm I have received payment etc.

 

Sorry to ask, have had a brief look around but unable to find anything..

 

Thanks

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