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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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      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.
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CLfinance/Cohen Claimform - old Barclaycard debt - reclaim in process thats 3 times more than court claim **RESOLVED**


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Hi Guy's, hope you can help. Just got my statements back from Barclaycard. Do I now send the same letter as I did when I started my other Barclay's claim with the bank not the card. Also can I claim interest on the charges in my first letter or do I need to wait until court action. Many thanks in advance, Lushni.

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  • 1 year later...

hi guy's got court papers from Northampton at start of month. I submitted AOS on the 4th of September, reading up on the good advice on CAG I send a request for information to solicitors for CL Finance (who now have the debt, from Barclaycard) also on the 4th. Still no response from them (have even called and asked, was told they would look into it). The amount is for just under £500 plus cost. For info last year I asked Barclaycard for just over a £1000 of charges back, they sent me a letter saying they would pay back the difference from £12, I did not send back a acceptence form but they took of about £370 from my balance. Can you please give advice on below.

 

1, What should my defence be and when should I submit

2, Can I still claim back rest of outstanding charges - this would pay outstanding balance

 

Guy's many thanks in advance, Lushni.

 

 

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Hi Lushni,

 

You're entitled to a full refund of all your penalty charges suffered on the a/c, not just the difference in excess of the £12 limit.

 

What date must your defence be into court by.

 

Do you have all the a/c statements to work out exactly how much you've paid in penalties.

 

What, exactly, have you asked CL Finance for (post a copy of your letter to them).

 

I've replied on your thread in the BC forum (I've moved it to BC from the Barclays forum).

 

Please stick to one thread per topic so the info is just in one place,

 

Thanks :D

 

Moving this to the BC forum.

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Hi Slick132,

Sorry it’s taken so long to get back to you (was laid up in hospital for six days) getting better now.

 

 

Not sure when defence is due in but I submitted Acknowledgment of service on the 4th of September, is it 28 days plus 5?

 

Yes I have all statements back from Barclay’s.

 

Copy of letter; REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclays.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

I. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

Yours sincerely,

Many thanks for your time Slick132.

 

 

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Hi Lush and glad to hear you're on the mend.

 

Please check your papers to see exactly when your Defence is due in. If there's a chance it is or will be late, contact the court office immediately to inform them of your illness/hospitalisation, apologise for the delay and confirm the Defence will be submitted within 7 days.

 

Did you send them a CCA request for your Credit Agreement. I'm not saying you should have done but need to know so you can defend against the claim.

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HI Slick132,

 

I called Court today, defence needs to be in by Monday the 6th of October as I live in Northampton I can drop it off at the offices. I have not sent out a CCA as I thought the CPR would cover this (I really should stop thinking for myself). Once again many thanks.

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May be an idea to ask if you can have the extra 7 days after hospital.

 

Help will be thin on the ground this w/e as there's a CAG Meet and I know lots of good peeps will be away.

 

Speak again to the court and, if nec'y, drop a letter in today.

 

We'll have to see what we can to for a defence based on the charges covering their claim, instead of No Credit Agreement. :)

 

To me it sounds simple, in that you'll counterclaim for the total of your charges plus s.69 interest.

 

But I'd like better brains to advise on this first.

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Hi 42man, not had any response ref CPR also called to chase this, not sure what you mean when you ask have they split the claim (sorry) many thanks in advance.

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  • 1 month later...

Hi guys looking for more help if possible, sent my defence in on time many thanks to slick and 42man, it’s been almost month and nothing has happened (which I think is good) what I am after is any advice on how to get the rest of my charges back from Barclaycard. When I first ask for charges back (just over £1000) they sent me a letter saying the would pay the difference from £12, I did not respond back to this letter however they took just over £350 pounds of my balance , I have tried to find this letter to no avail. Is there any thing I can do, if I can still get them back this would cover what they have taken me to court over. Again many thanks in advance Lushni.

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You could print out an up to date copy of your SOC to see what they now owe you in penalty charges and interest. Make sure you add any recent chgs onto the SOC.

 

Send this to BC saying:-

 

Dear Sir or Madam,

 

I refer to my claim for a refund of penalty charges made to my a/c no xxxxxxx and to the Court Claim No. 1AB23456 which you have made against me.

 

I hereby reject your offer of a partial refund made in your letter of date. I therefore authorise you to remove the refund of £370 which you credited to my a/c on date.

 

It is clear that the refund as shown on my enclosed Schedule of Charges of £xxx.xx including s.69 interest exceeds the sum you are claiming from me.

 

It is therefore in the interests of both parties that we settle the matter quickly and without the need for the further involvement of the court.

 

If you would arrange for a refund of £xxx.xx to be credited to clear my a/c, and a cheque for the balance to be sent to me, the matter will be resolved.

If you do not do this, I will draw this letter to the attention of the court in any forthcoming proceedings with regard to costs in the matter.

 

I hope you are able to resolve this matter amicably and look forward to hearing from you shortly.

 

Yours Faithfully,

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Hi Lush,

 

Can you confirm the address used by BC as shown on the claim against you.

 

They had a judgement Set-Aside recently because the address was an issue they used in their favour, claiming they never rec'd a CAGger's claim against them.

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Hi Lush,

 

Thanks for that - no help with the BC address issue then.:(

 

Address your letter to H Cohen then. No doubt, they'll fwd it to BC for instructions.

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With reference to the way Barclays repay charges from a barclaycard account. I sent them a rejection letter of their offer and i require the amount in cash NOT money from my account. After some more exchanges of opinions they decided to pay me with cash. They put the money direct into my bank account. Please note the information they are working on was the OFT report and that is not retrospective as Barclays are using to customers. They are picking you off one by one and only paying the difference. Stand up for your self and keep going. Dont forget the interest either I wish you all the best .. Dave

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  • 4 weeks later...

Hi guy’s I have just received an allocation questionnaire and a copy of the letter to solicitors that I have filed a defence. Not to sure on the questionnaire as it’s asking for other information and also a fee, shall I let the courts know that I have had no response from the CPR apart from my statements which I already had. Once again many thanks in advance, Lushni

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Hi Lush,

 

What date does the AQ have to be in by.

 

Have you chased for a reply to the letter I gave you to send them. If not and you have time, send BC a copy of the ltr and give them final 7 days to reply, saying "If you fail to respond again, this will be drawn to the attention of the court with regard to costs.

 

Your claim should be discontinued forthwith and a refund of my charges should be made."

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Hi Slick, it has to be back before the 8th of December, I only received it last Friday although it has a date of 20th of November on the letter (good old royal mail). Still not had a reply back from Barclays or Howard Cohen solicitors. I called Barclays who said they had not received anything as yet so I faxed them over letter last Monday. The guy from Barclays said they have sold this debt and it’s not them who are taking me to court its CL Finance, so I then sent a copy of letter over to Howard Cohen. Slick once again many thanks for all your help.

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