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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.
      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.

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attention all rbs/natwest breaches of 77/78 requests under the cca 1974


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help!! nat west have sent me my cca (true copy) for a loan but it looks decidedly different to the one i have and no cca for my overdraft now what .. any help anyone?

 

Are you able to post the copy they've forwarded?

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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i am new to this site (today) so i'll need help

thanks paul

 

Check out the link. There's a dummies guide to photobucket somewhere.

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/129418-rbs-becoming-inventive-your.html

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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I too have a recreated nat west agreement which I sent back to cms in telford, they told me they would respond in 10 days. I received another letter 2 days later saying they had sent my complaint to a higher authority and would respond in 5 days..........still waiting. Watch this space!

 

They sold my debt to Cap Quest and I asked them for a deed of assignment, they sent me a covering letter saying it was a deed of assignment. Do they think we are all stupid?

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I too have a recreated nat west agreement which I sent back to cms in telford, they told me they would respond in 10 days. I received another letter 2 days later saying they had sent my complaint to a higher authority and would respond in 5 days..........still waiting. Watch this space!

 

They sold my debt to Cap Quest and I asked them for a deed of assignment, they sent me a covering letter saying it was a deed of assignment. Do they think we are all stupid?

 

They will not forward a deed of assignment due to sensitive information...this would reveal what was paid for the debt etc. However, they must forward you a notice of assignment.

 

Beware! Telford has an habit of inserting new clauses in their recreated agreements.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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  • 1 month later...

Morning all, another one for the list. I sent my CCA request away on 2nd April, recorded delivery. Post Office did not get a signature and I thought it was lost until I received a letter from RBS Collections in Birmingham which seems to be a pretty standard template now.

 

They cannot find the loan agreement, has been misfiled, return the £1 PO...but:

 

The loan agreement remains valid, we expect you to meet your obligations under the agreement, if I cease payments they will report the default to the CRA's, then the usual open threat that this will affect you for 6 years blah blah.

 

Should I require more details about the loan they can tell me what is in their records (pmsl, cause that is just as accurate and infallible)

 

The thing that will really be peeing them off about this one is that I complained about a missold loan, won and got them to replace the £4K balance with this £750 interest free....I sent 3 agreements as they kept losing them, and they still cannot find one. What the hell is going on with their paperwork???!!!

 

This account never showed on any of my credit files, if they decide to put it on now it would clearly be only to punish me and I will take them the whole way.

 

Any idea of a suitable letter I could use in response please?

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Hi Sequest,

 

I had a loan with RBS and all was ok until the Tax credits system tried to ruin my life, practically no income I could not keep up with the payments. I was also due to go onto maternity leave and they just did not give any of the assistance they were able to and expected to.

 

Then their solution was to offer a new loan paying off my huge overdraft of charges and settle my loan - essentially stretching a £1K loan balance to a £3.5K loan over 5 years (loan, O/D & charges). They insisted this was my only option so I signed. Then I claimed misselling as I was forced into further borrowing when in financial difficulty.

 

I fought for a year with them, then just refused to pay. they tried the "you signed, your borrowing is your own responsibilty" crap but I kept on about responsible lending, banking code and then asked specifically what was entered into the system to allow someone in my financial circumstances be approved for such a loan - they folded!

 

Hmm, not suspicious at all! If I can help please just let me know

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Hi Sequest,

 

I had a loan with RBS and all was ok until the Tax credits system tried to ruin my life, practically no income I could not keep up with the payments. I was also due to go onto maternity leave and they just did not give any of the assistance they were able to and expected to.

 

 

I fought for a year with them, then just refused to pay. they tried the "you signed, your borrowing is your own responsibilty" crap but I kept on about responsible lending, banking code and then asked specifically what was entered into the system to allow someone in my financial circumstances be approved for such a loan - they folded!

 

Hmm, not suspicious at all! If I can help please just let me know

 

Hi Dipply75,

 

Many thanks for that explanation.

My loan was taken out in similar circumstances to yours ie. pressured into making overdraft into loan and then they frontloaded about 5K interest.

I planned to use the 'unfair relationship' argument and banking code in my defence. Pleased to hear it worked for you - gives me hope, if the other areas of my defence fail ie. no agreement (but this could turn up at last minute!) and mis-sold PPI.

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Hi Sequest, in that case I would ask some very forward questions about what was actually entered about your circumstances to get the loan approved (and were the staff on any bonus/comission? For selling the loan OR for moving your debt ;))...after a year of fighting I asked this and they settled in one week.

 

I did not, however, get to see the details entered. If you are in litigation with them can you not force disclosure? Best of luck, it can be done :)

 

And I agree Shakti, about as professional as the rest of their carry on!

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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The loan agreement that I was sent from nat west was hand written on the front page, which all seemed fine, however when I looked at the signature page, it was clear that this had been scanned. Where I had signed was half a signature and further signature - clearly scanned.

 

Most disturbing was the employee signature was the same one that had signed the statements that were requested...plus they had added £3000 for a loan insurance that I had never requested, or even spoken about, in other words the amount I was told to pay per month included this insurance, although I was never told this. I thought I was signing for £11000, but in fact it was £14000 - mis-selling or what.

 

I have consulted with a soloicitor, who informs me that I have a good case......to date no further responses from Nat West, or Cap quest.

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Hi sequest, no I was not taken to court, they threatened it when I stopped paying them. I e-mailed that I would be happy to see them there and outlined what my argument would be. Nottingham Collections could not be less bothered, trained or organised let me tell you, I dealt with them and Customer relations the whole way.

 

Thanks to the OP, we now know this is obviously so wide spread, why is the FSA not looking into the actual operations at these Collection Centres?

Dipply75

 

I am in no way a legal advisor and only speak from my own experiences and the helpful advice of those in the same boat! :p

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Hi Sequest, in that case I would ask some very forward questions about what was actually entered about your circumstances to get the loan approved (and were the staff on any bonus/comission? For selling the loan OR for moving your debt ;))...after a year of fighting I asked this and they settled in one week.

 

I did not, however, get to see the details entered. If you are in litigation with them can you not force disclosure? Best of luck, it can be done :)

 

And I agree Shakti, about as professional as the rest of their carry on!

 

That's good to know - thanks for that post Dipply:)

 

Think I will be asking those questions of RBS.....

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Hello,

 

I would be extremely interested to hear from all caggers regarding their experiences of obtaining true copies of their credit agreements after sending a legal request under section 77/78 of the cca 1974 to the rbs/NatWest.

 

It is my experience that they are extremely reluctant or have mis-placed, lost, disposed of these legal agreements.

 

If enough evidence from customers is obtained, it is my intention to provide this evidence and submitted a mass complaint to the oft and the fsa, and hopefully, rather than tell us they will not investigate individual complaints, but pull their finger out and really investigate this matter and fine the pants of them:grin:

 

Thanks in anticipation:-D

Hi, i recently received my CCA from the Halifax, which is a few sheets of paper that has come out of a printer, my signiture isnt even on it but they are saying they dont need to provide my original copy. Any ideas??

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hi vixx

could be happy to co-operate with you i requested my cca from n/w and got perfect cca with my signature transposed on to it

let me know what i can do to help , definately count me in

shakti

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Are you able to post the copy they've forwarded?

Hello,

I requested my cca from Halifax which arrived today, though it doesnt look anything like a agreement, just a few sheets of paper with terms and conditions printed on them, my signature is nowhere on it and they are saying thats all they need to supply me with and no further correspondance will be entered into, are they breaking the law?? I am confused, i thought i was supposed to get my TRUE copy. Any advice, thanks

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