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    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Monika the first four pages of the Private parking section have at least 12 of our members who have also been caught out on this scam site. That's around one quarter of all our current complaints. Usually we might expect two current complaints for the same park within 4 pages.  So you are in good company and have done well in appealing to McDonalds in an effort to resolve the matter without having  paid such a bunch of rogues. Most people blindly pay up. Met . Starbucks and McDonalds  are well aware of the situation and seem unwilling to make it easier for motorists to avoid getting caught. For instance, instead of photographing you, if they were honest and wanted you  to continue using their services again, they would have said "Excuse me but if you are going to go to Mc donalds from here, it will cost you £100." But no they kett quiet and are now pursuing you for probably a lot more than £100 now. They also know thst  they cannot charge anything over the amount stated on the car park signs. Their claims for £160 or £170 are unlawful yet so many pay that to avoid going to Court. When the truth is that Met are unlikely to take them to Court since they know they will lose. The PCNs are issued on airport land which is covered by Byelaws so only the driver can be pursued, not the keeper. But they keep writing to you as they do not know who was driving unless you gave it away when you appealed. Even if they know you were driving they should still lose in Court for several reasons. The reason we ask you to fill out our questionnaire is to help you if MET do decide to take you to Court in the end. Each member who visited the park may well have different experiences while there which can help when filling out a Witness statement [we will help you with that if it comes to it.] if you have thrown away the original PCN  and other paperwork you obviously haven't got a jerbil or a guinea pig as their paper makes great litter boxes for them.🙂 You can send an SAR to them to get all the information Met have on you to date. Though if you have been to several sites already, you may have done that by now. In the meantime, you will be being bombarded by illiterate debt collectors and sixth rate solicitors all threatening you with ever increasing amounts as well as being hung drawn and quartered. Their letters can all be safely ignored. On the odd chance that you may get a Letter of Claim from them just come back to us and we will get you to send a snotty letter back to them so that they know you are not happy, don't care a fig for their threats and will see them off in Court if they finally have the guts to carry on. If you do have the original PCN could you please post it up, carefully removing your name. address and car registration number but including dates and times. If not just click on the SAR to take you to the form to send to Met.
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Mathematicians Needed - Help with Credit Agreement Figures


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Guest suziedarkness

Hello all you clever bods, I was wondering if anyone out there could explain a couple of things to me regarding calculations on a Credit Agreement.

 

Firstly, what is the difference between APR and interest rate?

 

How are these calculated?

 

If you had a loan of £6295.00 over 60 months at an APR 16.5%, interest rate 14.14% pa, how much would you calculate the repayments to be?

 

I am really confused as I am trying to see if the figures are correct on an agreement and I dont know how it works.

 

Many thanks

Suzie

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suziedarkness,

I got the following illustration from the FSA website (Money made clear). I hope it helps:

 

 

APR stands for the Annual Percentage Rate of charge. You can use it to compare different credit and loan offers. The APR includes important factors such as:

  • the interest rate you must pay;
  • how you repay the loan; the length of the loan agreement (or term); frequency and timing of instalment payments; and amount of each payment;
  • certain fees associated with the loan; and
  • premiums for payment protection insurance that the lender chooses to make compulsory.

All lenders have to tell you what their APR is before you sign an agreement. It will vary from lender to lender. Generally, the lower the APR the better the deal for you, so if you are thinking about borrowing, shop around.

Example 1:

 

If you borrow £1,000 for one year at 20% interest, and at the end of the year you repay a lump sum of £1,200:

  • you will be paying an interest rate of 20%; and
  • the APR will also be 20%.

Example 2:

 

If you borrow £1,000 for one year at 20% interest, and pay throughout the year in equal monthly instalments (12 x £100 = £1,200),

  • you will still be paying an interest rate of 20%; but
  • the APR, however, will be roughly 40%.

Example 2 is more expensive because you are paying back the £1,000 gradually throughout the year. In Example 1 you have the benefit of being able to access the £1,200 for the whole year, which you could invest and earn interest on. By paying in instalments you're losing out; this increases the cost of the loan - hence the higher APR.

Edited by bennyowen
Change "easy" to "clear"
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for the agreement to be valid it should show how much interest has been charged and how much the payments are and the date due amongst other things. Are these figures shown. It maybe advisable to scan your agreement in taking out all the personal details, ie account number, signature, address, to see exactly what you have.

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Guest suziedarkness

I dont know how to post docs on here.

 

I just wanted someone to give me what they think the correct figures should be as I have tried various loan calculators on the net and they all give me different answers. Im so confused!! lol

 

Suzie

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Guest suziedarkness

Thanks Bennyowen for that, I sort of understand a little. So should the interest rate figure and the APR figure amount to the same charge for interest when worked out on the loan agreement?

 

Suzie

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Guest suziedarkness

Thanks for that Surprise.

 

My repayments are £150.27. What does this mean if they have calculated incorrectly?

 

Suzie

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Guest suziedarkness

Hi MikeK,

 

No, there was no ppi.

Under the key financial information it says:

 

Amount of Credit £6295.00

60 months

Total amount payable £10,291.20

one repayment of £150.27 followed by 58 instalments of £150.27 followed by a final repayment of £225.27 (which includes £75.00 Acceptamce Fee)

APR 16.5%

Other financial information says:

Description of goods

Total cash price £7495.00

Advance payment £1200.00

Hire purchase charges £2576.20

Acceptance fee 145.00

Purchase fee 75.00

Total charge for credit £2796.20

Interest Rate 14.14% per annum.

 

 

What do you reckon MikeK. Unenforceable? if so, what does this mean?

 

Suzie

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You gave me the wrong information to work on initially. You failed to mention the other payments it makes a difference when they include the other fees as you pay interest on this over the 60 payments. The total amount you borrowed was more than the 6295 you originally stated and this was the figure I based my workings on not on 7490.

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Guest suziedarkness

No surprise I dont think that is correct. The 2 fees were payable in 2 instalments the first £145 was an acceptance fee payable with the 1st instalment and the other £75 payable with the last instalment. I am led to believe that these are not part of the finance as such for the vehicle.

 

I apologise if you are right, I really have no clue as to what is correct. I am only going by what I was told by someone else.

 

Does this mean the figures are correct?

 

suzie

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How they have worked it is Amount owing £10291.20 - £1,200 = £9091.20 to pay.

 

Calculations work out

£6295.00 + £145.00 = £6440 x 14.14% interest = £9018.92 + £75.00 = £9093.92

 

your paying 59 payments of £150.27 = £8,865.93 + £225.27 = £9091.20

 

They are out slightly but then they can be upto I think 1% plus its in your favour actually. The payments should work out at £150.32.

 

I presume the agreement is both signed and dated by yourself and Black Horse.

 

The slight difference in the calculations would not make the agreemnt unenforceable, imho, that is.

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I am getting the exact figures that the contract states if the annual rate projected from the APR is 14.13% (14.1264% to be exact) instead of 14.14%. The difference is minor and to your favour i.e. you have not suffered prejudice.

 

But because they can state +1% -0.1% of the APR, when projecting interest from APR the tolerances could be argued.

 

I agree with the previous post.

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Guest suziedarkness

Just one further question Surprise, why has the £145.000 been charged interest in your calculation but not the £75.00?

 

Suzie

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Because the £145 has clearly been rolled into the payments while the £75 is described as being paid seperately in the last month on top of the last payment (£150.27 + £75). If they were to charge interest on the £75 fee, the fee would have to be rolled into the payments somehow.

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You find a lot of loans were there is a payment fee get calculated into the loan figure - they make more money by doing this - I believe they should give you the opportunity of paying this arrangement fee which it is sometimes called.

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Guest suziedarkness

Hi Surprise and MikeK,

 

Thanks for your responses, very much appreciated.

 

what I am really p*****d off about is they have charged interest on the £145.oo but that sum was paid in full with the first instalment, i.e. £295.00 instead of £150.00 just like the £75.00 has to be paid in full with the last instalment. There was no option to spread it, so how can they charge interest on it when it was paid? I just dont understand.

 

Suzie

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This is a difficult one to answer as (a) you paid £145 with the first instalment so therefore it would have been included into the interest (b) did they give you the opportunity to pay £145 prior to the setting up of the agreement? Personally, I would be inclined to write to them and say that you feel you have been misled as you have now discovered the £145.00 has been accruing interest charges over the term of the agreement when in actual fact you paid it along with the first instalment. see what they come back with, they may say no its not accruing interest in which case their figures will be wrong as you would have only been paying around £146.00

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