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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • 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.
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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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Barclaycard Cca Received! - Claim now issued ***SETTLED***


tosh1
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It would simply say that the account has been terminated as of a certain date Tosh.. there isnt, I think a statutory format as there is with Default Notice :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Am I able to offer a f and f on this account, considering I have defective cca and a defective default notice as well as missing statements, and paperwork, charges?

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Hi Tosh,

 

Any statements that are missing can be added to the list of info that you ask for on 25th.

 

See how the hearing goes.

 

Now is not the time to be making any offer. You need to see first what documents can be produced as those supplied so far appear to be inadequate.

 

I have just sent you a msg.

 

:-)

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Hi Tosh,

 

You already have a copy of this but it's only use is to show if PPI was applied for. I don't think the availability of the original is relevant to the proceedings.

 

The enforceability of the a/c should hinge on whether they can produce the credit agreement.

 

:-)

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Actually I'm not sure it is Tosh. I think perhaps it's only needed if the debtor hasn't defaulted, so concentrate on the other items.

 

Take absolutely everything with you to court tomorrow. You can be sure that the one thing you don't take will be the one thing you need. Don't forget those stupid printouts.

 

There seems to be a big question over PPI, but until they give you the information you need you can't possibly know what you owe - if anything. :roll:

 

Very best of luck for tomorrow. Try not to worry and if there's anything you aren't clear about ask for it to be explained. The judge is there to decide the case, and also to make sure that there's fair play.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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Wishing you all the best for today, tosh.. please let us know how things went :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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OK Just got back from court. That was extremly nerve racking. The judge figured out that this was my first time and I think he went easy.

 

He asked why I needed the statements back from 2003. I advised him that there may be PPI and default charges on there that I would like to claim back. The judge has ordered the clamient to produce the missing statements by the 24/02/12.

The termination notice is also the Default notice so the claiment does not need to supply these.

 

The claimant asked for costs and the Judge said no.

The judge also said that the CCA is valid. I pointed out that it's missing t and c and he mentioned that a previous case where that was ok.

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OK Just got back from court. That was extremly nerve racking. The judge figured out that this was my first time and I think he went easy.

 

He asked why I needed the statements back from 2003. I advised him that there may be PPI and default charges on there that I would like to claim back. The judge has ordered the clamient to produce the missing statements by the 24/02/12.

The termination notice is also the Default notice so the claiment does not need to supply these.

 

The claimant asked for costs and the Judge said no.

The judge also said that the CCA is valid. I pointed out that it's missing t and c and he mentioned that a previous case where that was ok.

 

So you survived to tell the tale :) Well done, tosh.

 

Ok.. so the statements are to be provided. I dont suppose you can remember the case he quoted where the T&Cs were acceptable?

 

I am a little concerend about the comments regarding the Default notice because that has a question mark about it anyway.

 

The rest of your supporters will no doubt be along to comment soon.

 

Well done :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok.. so the statements are to be provided. I dont suppose you can remember the case he quoted where the T&Cs were acceptable?

 

He couldn't remember the case and asked the HC solicitor if he could remember the case. The HC solicitor said he could not remember either.

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Hi Tosh,

 

Your application form is not just missing T&C's - it's missing the Prescribed Terms required by CCA1974.

 

Read the Credit Agreements Tutorial at Link No2 in my signature.

 

The judge was probably referring to the case of Carey v HSBC, or possibly the McGuffick case. Scary that neither the judge not the legal bod could remember it !!

 

You need to learn all you can about enforceability from the link mentioned and also about DN's and their relevance to enforceability.

 

Perhaps someone can post a link to DN Reg'ns so you can research this.

 

Glad you got through this ok - it'll be good experience if you have to go back to court.

 

:-)

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You've done really well Tosh.

 

Just wait and see what happens and if you get the statements. If you get them then you'll be in a better position to know about charges and PPI. If they don't comply in time then you'll need to inform the court.

 

Did the judge mention what would happen if BC don't send the statements in time?

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Advice & opinions given by Caro 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.

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No he didn't. The solicitor did advice the judge that there were no more statements pending. I asked that normally when the judge issues an order barclaycard are able to print out these statements.

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By the way, it's interesting that the judge is ordering statements from over 6 years ago. I don't know how good BC are at supplying info over 6 years old.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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It will be interesting if they do provide these statements in respect of the Judge's order.. it would then prove beyond doubt that they do actually have them :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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OK Just got back from court. That was extremly nerve racking. The judge figured out that this was my first time and I think he went easy.

 

He asked why I needed the statements back from 2003. I advised him that there may be PPI and default charges on there that I would like to claim back. The judge has ordered the clamient to produce the missing statements by the 24/02/12.

The termination notice is also the Default notice so the claiment does not need to supply these.

 

The claimant asked for costs and the Judge said no.

The judge also said that the CCA is valid. I pointed out that it's missing t and c and he mentioned that a previous case where that was ok.

 

Good evening tosh

 

Firstly, the Termination is not a Default Notice, it appears to me that you are getting rolled in the court- unfair advantage being taken as to your lack of knowledge in respect of consumer law and the statutory requirement imposed upon creditors to serve a valid statutory Default notice upon you before he can become entitled to Terminate the agreement and demand full payment owing thereunder or enforce the same against you. No valid statutory Default notice = no entitlement to Terminate, demand, enforce.

 

Secondly, if the application form (that you signed) does not contain the prescribed terms of the agreement, then, unenforceable if s.127 CCA 1974 is applicable if not, then the agreement can only be enforced under order of the court s.65 CCA1974.

 

Where is the Default notice tosh, I have looked through your case history posted here and I cannot find the said notice?

 

You need, I think, to amend your Defence (application for permission to amend N244) and beef it up with the applicable legislation laid down in the CCA 1974 and case law authority.

 

Come back on the above, Roger - over

 

Kind regards

 

The Mould

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Tosh

 

See- Civil Procedure Rule ("CPR") r.17.1(2)(a) and send a written request (e-mail, fax, special delivery RM by 1 pm) to the Claimant asking for his permission to allow you to file and serve an amended particularised Defence to the claim, if he refuses to consent to such, then you must make an application ("N244) to court under CPR r. 17.3 respectfully requesting the same (consent to amend you holding Defence by way of filing/serving a particularised Defence to the claim).

 

Can you please confirm if the Claimant has filed and served any statement of case (Pleadings - Particulars of Claim) upon you other than the N1 Claim form? Further, please post up a copy of your holding Defence.

 

Kind regards

 

The Mould

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Good evening Tosh:-D Well done for today. The Judge has done the fair thing by making sure you have the information you need first as evidence to be able to present your case against the claimant. The previous posts highlight certain rules concerning consumer law which is in your interest to be acquainted with when you are in Court so you can guide as necessary if uncertainties arise. It's waiting now to see whether you get your requests from claimant.

 

You may receive a leaflet after the case hearing tday to ask if you want to consider arbitration however, I received my offer of arbitration after submitting my first defence and never went to Court in the first place.

 

Will be keeping up with the thread

 

Bye for now

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Mould, Tosh has not yet submitted a defence as he has not been provided with all the information required to do so. That's why he applied to the court to order them to do so, and that's what today's application hearing was about. If and when he receives all that he has requested under the CPRs, and as ordered by the court, we can then consider his defence.

 

As citizenB says, it remains to be seen if they are able to do so. If not then they will not be able to verify the amount of the claim.

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Just to confirm re Tosh's Defence .........

 

Claimant must supply data requested by 24th Feb. (I have no idea what the judge will say if the bank say they cannot provide any data for 2003 to 2005.)

 

Tosh then has 21 days to enter his amended defence.

 

We know that BC have provided data beyond 6 years when faced with, or responding to, court action.

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