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    • 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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HSB Charges


katylegs11
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when i claim for these charges...do i apply for interest on account too as they haven't put them down on list they have sent me

also looking back when i have talen loans oit with them going back to year 2001 and another 2002 a have paid for payment protection could i claim this back

by the way i have got more hours at work to improve my financial situation ..sooo glad!

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Well done on setting up the new bank account katylegs - :) they can't get your money if it's in another bank! :D

 

 

It does sound like their usual tactics before trying to get you on a ML :eek:

 

"We can't give you this loan you're asking for , but there is another one you can have..........." - Resist with all your might - it's daylight robbery!

when i claim for these charges...do i apply for interest on account too as they haven't put them down on list they have sent me

also looking back when i have talen loans oit with them going back to year 2001 and another 2002 a have paid for payment protection could i claim this back

by the way i have got more hours at work to improve my financial situation ..sooo glad!

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when i claim for these charges...do i apply for interest on account too as they haven't put them down on list they have sent me

also looking back when i have talen loans oit with them going back to year 2001 and another 2002 a have paid for payment protection could i claim this back

by the way i have got more hours at work to improve my financial situation ..sooo glad!

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also looking back when i have talen loans oit with them going back to year 2001 and another 2002 a have paid for payment protection could i claim this back

 

Yes you can if you think it was mis-sold katylegs - have alook at this link , then go to the PPI forum on here - there are people on there who will give you good advice

 

Reclaiming PPI

http://www.consumerwiki.co.uk/index.php/PPI

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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ok will do tomox thanks

up late trying to sort out theses charges

but can i claim from the bank

1) interest charges

2) card misuse about £20

3) unpaid item £30

4)standing order charges £25/30

5) temp limit fees £20

6) Dr £10

 

just so i know what to claim

sorry!!

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Yes you can if you think it was mis-sold katylegs - have alook at this link , then go to the PPI forum on here - there are people on there who will give you good advice

 

Reclaiming PPI

http://www.consumerwiki.co.uk/index.php/PPI

ok will do tomox thanks

up late trying to sort out theses charges

but can i claim from the bank

1) interest charges

2) card misuse about £20

3) unpaid item £30

4)standing order charges £25/30

5) temp limit fees £20

6) Dr £10

 

just so i know what to claim

sorry!!

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Yes you can if you think it was mis-sold katylegs - have alook at this link , then go to the PPI forum on here - there are people on there who will give you good advice

 

Reclaiming PPI

http://www.consumerwiki.co.uk/index.php/PPI

Hello Katy, that's good advice from JM ... here's the link to the PPI forum where you can start a new thread for your PPI claim(s): Payment Protection Insurance (PPI) Claims

 

ok will do tomox thanks

up late trying to sort out theses charges

but can i claim from the bank

1) interest charges

2) card misuse about £20

3) unpaid item £30

4)standing order charges £25/30

5) temp limit fees £20

6) Dr £10

 

just so i know what to claim

sorry!!

Your bank charges are a separate issue. In the past I would have said put all your claims together, however, in the light of my recent experience of amalgamating a PPI claim with charges, I am of the opinion that a PPI claim may be better off standing alone.

 

Hope this helps for the mo ... :)

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PB is right KL , - because the PPI mis-selling is not part of the OFT Test Case , you're better claiming everything separately..... banks are paying out on PPI refunds ..............:)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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PB is right KL , - because the PPI mis-selling is not part of the OFT Test Case , you're better claiming everything separately..... banks are paying out on PPI refunds ..............:)

 

 

can i claim for yrs 2001 2002 or is it too late?

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sorry i don't understand?

up late trying to sort out theses charges...

can i claim for these with my

claim fof the bank charges

(will do my personal protection on loans claims seperatly)

1) interest charges

2) card misuse about £20

3) unpaid item £30

4)standing order charges £25/30

5) temp limit fees £20

6) Dr £10

 

just so i know what to claim

sorry!!

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Ok Katylegs - hope you're feeling better today........:)

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=6

 

When you're in doubt,by all means come and ask - but a lot of the answers are at your fingertips in the FAQs...........

 

Stick with it - you'll get there.....:)

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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then do i just add on 8% interest to thw whole claim

 

The Interest section only becomes active when you get your claim to court Katylegs - the amount you notify the bank of when sending prelim letter and LBA should not include this...... only print part of the spreadsheet, without the interest column......

 

can i claim for yrs 2001 2002 or is it too late?

You can comfortably claim 6 years back , KL - to October 2002...others have tried going further back with varying degrees of success ........

Edited by johnnymitch

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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in answer to your question on another thread - here is a link for the answer Charges description on statements - Please Read

 

ask away if you still have questions. the banks make it so awkward by calling their fees by many different names. it's just a way of making it sound like they are justified - but as we always say - if it looks like a dog, barks like a dog and bites like a dog - it's a bank charge!

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Snap , latty - I think you'll find that link is much the same as the one I posted earlier ....... :Dnot often I get one up on you eh?

 

Great to see you posting again .........

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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AH here's katy's thread,,, quick copy and paste :D

 

I'm assuming this is a credit card, if so....

 

 

1) interest charges yes a proportion that applies to the charges you are claiming back but not if they apply to the whole balance of your account.

2) card misuse about £20 yes

3) unpaid item £30 yes

4)standing order charges £25/30 yes if this is a returned item charge

5) temp limit fees £20 yes

6) Dr £10 yes

 

then do i just add on 8% interest to thw whole claim only after you file your claim with the County Court

 

just so i know what to claim

sorry!!

 

hope that helps

 

pete

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returned direct debits,

card mis-use,

unpaid standing order,

unpaid item,

exceeding your overdraft,

overdraft interest (see below),

total charges (see below)

notifed fees

Unauthorised overdraft arrangement fees

(more will be added as and when confirmation is found)

 

you can not claim for:

 

ATM (cash machine) usage (typically £1),

an agreed overdraft fee,

anything which is deemed a "service" by the bank

(more will be added as and when confirmation is found)

 

 

Overdraft interest

 

This is the single most confusing part of most peoples claim, and one of the most frequently asked questions

 

overdraft interest is applied to your whole overdraft, however if some of your overdraft is made up from (unlawfull) charges,

then a proportion of the interest has been wrongly applied and is therefore reclaimable

 

Example

 

you have a £400 overdraft, you purchase something that day for £200 so now you are -£200 on your current account balance, but on the same day £200 of charges are placed on your account, which means that your current account balance is now -£400 and the bank will charge interest on the whole £400, but as we are contesting that these charges are unlawfull, then the interest should not be placed on the whole amount, only on the amount that you have actually spent,

therefore in this example you can claim back 50% of the interest, however these calculations have to be done daily to truly reflect the amount which can be reclaimed,

 

Dont worry, Vampiress has made a spreadsheet that will calculate this for you, you can find it here, but please read the instructions that come with it;

 

Overdraft interest calculator thread

 

Total charges (HSBC)

 

Again this is another issue which many people aren't sure about,

 

total charges are reclaimable, they are a seperate issue to the other afore mentioned charges (card mis-use, returned d-d's etc), and are not simply all of these charges added together each month. so they are also claimable on top of the other charges

 

"total charges" also listed as notified fees refers to the charge they put on your account for going over your overdraft limit, this charge is calculated daily, and they can charge up to a maximum of £125 in one month for this, it is then debited from your account on a set date every month

 

 

 

Important!

For buisness accounts ONLY the "total charges" include a combination of reclaimable and genuine charges, and you will need a breakdown to exactly know what proportion of "total charges" are unlawful.

__________________

HSBC- £4995, settled payment in full

if you found this post helpful, please click the scales (top right of post), ta :wink:

 

if you're not sure what to do?, Read the FAQ's

Unsure about what to claim, or confused about overdraft interest? Charges explanation

Last edited by Rooster-UK; 25th May 2008 at 19:59. Reason: Addition.. thanks freaky

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Popping in my bank charges today!!!

can you help me with this one

how far back can you claim a refund for P/P cover on a loan

i've had approx five loans with HSBC since year 2001

with p/p cover paid up front

i.e 2001 loan p/p

2002 paid off loan with another from them p/p paid again

and so on....

how can i get all this information together

also i was not asked if i would want to pay i monthly did not know that was an option

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