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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 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.
    • 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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Mbna Cca- Illedgible!


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Hi

I today received this CCA from MBNA for a virgin credit card. They went into default on 3rd July, so its a bit late.

 

They sent it printed on one piece of paper the first bit on one side and the second bit on the opposite side (obviously an attempt at making me believe this was originally two sides of the same document!).

 

Although on the suface I think this is probably enforceable, having the prescribed terms etc, BUT it is very illedgible which makes me think they have not photocopied it from the original.

 

Also on the front page you will see there is a pair of scissors above the section saying please sign this form and return to us. then there is a section with virgin address details and ANOTHER pair of scissors!! I have never seen anything like this before and it really makes me think they have 'hashed' this together in an attempt at making an enforecable agreement!

The signature of theirs also looks like it has been added at any time as there is no specific section and no date with it.

Also it is obviously the pre contractual agreement as it says, please issue a virgin credit card to me.

 

I read on here somewhere that just the fact that this is illedgible makes it unenforceable, is this true? Also there is nothing linking the two side from what i can see.

 

Could someone please take a look at it and maybe point me in the right direction for a letter asking them to resend one that i can actually read.

 

They also sent with it a few pages of the current terms and conditions as the charges are £12. On the front of these at the top it says here is a copy of your credit card agreement.

 

I really feel confident that they haven't got the original from what they have sent but from what i have read on here i don't expect them to send anything else and that they will keep on harassing me until the matter goes to court. Is there any way I can demand to see the original before it gets that far?

 

Thanks for any help!!

GIS :-)

 

http://s307.photobucket.com/albums/nn292/amandagreen1980/?action=view&current=mbna23rdJulycca.jpg

 

http://s307.photobucket.com/albums/nn292/amandagreen1980/?action=view&current=mbna23Julycca2.jpg

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Hi

I am shaking!! I have just had a rather irate conversation with a guy from MBNA! He phoned on my mobile from a mobile number and asked if i was "my name" and i said yes and he proceeded to tell me they had my letter under section 78 and he is required to tell me unless i pay ££ now he is passing it to his legal team to start litigation and then asked if i was a home owner, i said yes (is he just trying to scare me here?). There was no questions for data protection or anything!! the same guy phoned me the other day and didn't ask any security questions either but that was before they had received my reply that the cca was illegible. I stated that he couldn't start litigation while the account was in dispute because the ca they sent was illegible. He asked if i was willing to pay now and i said no not until you send me a valid cca that i can actually read. He said they had done that, he asked if i had paid the £1 for it and i said yes of course and he said that in my last letter stating the cca was illegible that i hadn't sent the cca back!!! i said no i didn't but you have obviously got a copy of it there! He said can i ask you to hold on to that to prove in court what we have sent you a valid legible cca, i said of course i will hold onto it to prove it is illegible! I then said if this goes to court then you would need the original cca and i have asked politely in a letter for a photocopy straight from the original so i can read it properly so why not just send me a copy straight from the original. He said they had, i said no it was obviously scanned it on a computer. He then said he is not getting into a conversation about it anymore unless i pay and i said oh i have to listen to you but you won't listen to me. he said he can't get into a discussion about it. I said well if you can't send me a better copy of the cca then you had better take me to court then, he said the file is being passed to their legal team for litigation TODAY!!!

I asked if anyone was going to replying to my letter in writing and he said the legal team will.

 

I AM VERY SCARED NOW!!! I don't mind admitting it!!

 

I mean the cca does look valid but there are some dodgy things about it (see above) so i really don't think they have the original, but why would the take me to court if they haven't got the original? it doesn't make sense!!

 

Am i right in thinking if they take me to court and show up with the original it will look bad on them for not cooperating with me and sending me a good copy of the original so i would then pay them and not waste the courts time?

 

This seems to have progressed a lot quicker than others on this site!! I have had threatening letters as such yet. Just one threatening to default me.

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Hi GIS

 

Calm Down

 

Why are you speaking to these to muppets on the phone anyway thats their intention to get you rattled.No more phone converations everything in writing. IMHO the CCA you have posted is totaly unenforcable I cant see any persribed terms.

 

Regards

Andy;)

We could do with some help from you.

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Hi

Thanks!

I don't know why i spoke to him! He caught me off guard with the mobile number! I am so annoyed with myself for speaking to them! I usually do just say can you put everything in writing!!

 

I know that is exactly what they wanted, to get me scared like that!

 

Thanks for replying! :)

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Hi

 

What makes you think its enforcable?

 

Regards

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi

I don't know. It has my signature on it on the front. It has the sentence that relates to the credit limit on the back and the apr and something about payments. BUT there is nothing to link the front and back, AND on the front there are 2 scissors so it looks a bit like a cut and paste job so I was confident they hadn't got the original was IF it was enforceable but they made me lose my confidence in that phone call, which is their aim!!

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I say it has all thos things on the back ie the 'prescribed terms' but i can't actually read it properly, i can make out odd words and know they are part of sentences that i have read on my other cca's. I genuinely can't read it all and it is a really bad copy!

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  • 2 weeks later...

Hi everyone

I received a ltter replying to my letter saying the CCA is illegible and requesting a legible copy, they are not sending me anything else!! I have posted it below.

 

Image of mbna cca reply - Photobucket - Video and Image Hosting

 

Also I have received a default notice now. Could someone look at it and see if it is correct. They shouldn't be able to issue a default notice until they comply with my request should they?

 

Image of mbna default1 - Photobucket - Video and Image Hosting

 

What do i do in response to both their letters? reply saying they can't issue a default yet or just ignore them now until they take me to court?

 

Thanks

GIS

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Hi GIS

 

As tinker says not a default note.Can you post up the letter you sent in response minus personal info of course.They can issue a Default as you are in arrears irrespective of your complaint.

 

 

Regards

 

Andy;)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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