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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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AA99 v Nationwide


AA99
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Hi:) Am nearly at the end of my tether:mad: Have spent 2 whole afternoons compiling my spreadsheet charges and finalised it, phew!

 

However, have also spent another afternoon looking for the right letter to send. Caro's produced one and I have combined that with an MSE one. Please can somebody confirm which one would be right to use?

 

 

[insert your name

and address]

 

[insert date]

 

[insert name and

address of bank]

 

Dear Sir or Madam,

 

Account number: [insert account number]

I am writing to request that you repay all the default charges that have been applied to my account since 27 July 2001 [include if relevant or delete, stop any debt enforcement action being taken against me] and stop adding any further charges to my account. I do not believe these charges reflect the true cost to [insert name of bank] of going into unauthorised overdraft.

 

I request that you deal with my case now rather than once the test case has ended as I am currently experiencing financial difficulties due to [select from a loss of employment / disability / serious illness / imprisonment / a relationship breakdown / the death of a partner / starting a lower paid job / needing to take parental care leave / starting full time education] and the FSA waiver states that you should continue to deal with hardship cases.

 

My current circumstances mean that I [enter full details of why you are in financial hardship and the effect is has on your life, for example are you missing mortgage payments, needing to take cash out on a credit card to pay for day to day goods].

 

[use this section if you rely on income based benefits as your income or delete]

Additionally, I rely on means tested benefits for my income and this has been set by the government as the minimum amount of money someone needs to live on.

 

The charges total £[insert total charge], plus as I believe I have been unlawfully deprived of the money I have calculated £[insert total of interest] interest at the statutory rate, the amount a court would award.

 

I therefore ask that you repay me the full amount of [insert total of charges plus interest]. I have attached a full schedule of the charges and interest with this document.

 

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

 

[insert your signature]

 

[insert your name (printed)]

 

[include the print out of charges and interest from the calculator and be sure to keep a copy for yourself]

 

 

Your Name

Your address

Date xx/xx/xx

Your Bank

Your banks Address

 

Dear Sir/Madam,

 

Notice of Consideration for Hardship Status

Claim reference Number xxxxxxxxx

Account number xxxxxxxxxx

Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.

In making this request, I remind you of your duty to comply with conditions agreed in the waiver of July 2007 and continuation of July 2008 between yourselves and the FSA.

I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.

Yours Faithfully

xxxxxxxxxxxxx

Enc; Financial Statement.

Data protection act 1998.

I give my permission for you to process/use data related to me, in the course of processing my claim/inquiry to a satisfactory conclusion.

Signed xxxxxxxxxxxx Name xxxxxxxxxxxxx

Date xx/xx/xx

 

Ok, Are both MSE templates cos if one of them is from CAG you need to take the cag one off and I will remove it from my post as well.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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The first one, red and blue, is MSE, the second one is from CAG templates. Why do we have to take them off the thread:confused:

 

In the historic past, template letters from here could not be on the open forum. However, having had a look at the forum rules(updated 19/04/2009) it doesn't appear to be there.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hey AA:)

 

just here for a bit of support as I haven't a clue about reclaiming I'm afraid (although I need to do some asap!)

 

As always my fingers are crossed for a good result for you.

 

Lexis x

Time flies like an arrow...

Fruit flies like a banana.

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  • 3 weeks later...

I need to produce a spreadsheet for complex bank charges and am really struggling:confused: The site template shows the link is being restored/worked on. Can anybody help with one please :-?

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  • 3 months later...

Thanks tuttsi. I have had a CAG colleague assist me and has entered up all the figures onto a spreadsheet with the full charges including overdraft interest but he is having trouble saving it:???: I know he is a busy man so am waiting to see if it can be saved and emailed back to me. We do qualify for all the Hardship Waiver conditions so am looking forward to submitting the claim. I have in the meantime opened an easy cash online account and have slowly started transferring some benefits into that and switching over the few direct debits I have.

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Hi AA

 

Have you got all your evidences together to support your claim. ie arrears mortgage or rent, utilities etc, any court documents where you are being pressed for payment of debts.

 

You also need to write a letter detailing the reasons why you are in hardship and make a note in that letter of the different evidences that you are enclosing. You also need to state in this letter, what was the cause of your hardship and you need to also enclose with this letter your income and expenses summary ( jointly if you have a partner) and the schedule of charges.

 

If you post up a draft of the letter you propose to send we can give it a look over for you.

 

Tuttsi

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Yes, everything is more than ready! Was going to use the letter per #27 and also there is one on the templates that caro has put together.

 

Thanks

 

Personally I do not like either letter as it may not truly reflect the whole position. Also, it is not a good idea to use a templated letter.

 

A letter written as I explained in my previous post must include what documentary evidences you are providing, the reasons that caused your hardship, your income and expenditure summary and the bank charges schedule + interest.

 

I would if I was you take from each of the letters ( the first letter being the better letter) only the bits that are relevant to you and adapt the letter to suit to your own circumstances. I really do not think you are any where near ready to send your claim off until your letter and your enclosures are all ready. It is not a quick fix by printing off a standard letter, your circumstances should be fully explained and are really important for your claim to be accepted by the bank.

 

I have found that claims under hardship if packaged correctly will get the attention it deserves and is more likely to be considered by the banks much more sypathetically and your claim dealt with quicker.

 

Sorry if what I have said sounds harsh, but I just want to put you on the right track and help you.

 

Have a go at drafting up a letter and posting it up and then we can alter or adapt it further. Your letter needs to be simple but must include the required elements.

 

Tuttsi

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Thank you tuttsi, I agree whole heartedly with what you have said. I would have adapted the letter accordingly. However, I did manage to input all my charges, with and without 8% interest, for the last 6 years and it came to about £4k but then BF broke the news with the new thread about all the interest and particularly the time at which they reached £500, etc. so have been having it revised. I believe I could be looking at plus £10k so have been waiting for that until I put a letter together.

 

In the meantime, I am slowly having my benefits transferred to an online umbrella account together with the only 3 direct debits I have, so that there can be no more charges, etc, on the NW account. I can then hopefully leave the NW account dormant until I put my claim in. Dormant being nearly £2k in agreed overdraft limit........

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Wise move to start up the parachute account AA and shift over the direct debits to the new account.

 

Best of luck with your Hardship claim:)

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Looking for a draft letter? Use the CAG Library

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

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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.

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Thank you tuttsi, I agree whole heartedly with what you have said. I would have adapted the letter accordingly. However, I did manage to input all my charges, with and without 8% interest, for the last 6 years and it came to about £4k but then BF broke the news with the new thread about all the interest and particularly the time at which they reached £500, etc. so have been having it revised. I believe I could be looking at plus £10k so have been waiting for that until I put a letter together.

 

In the meantime, I am slowly having my benefits transferred to an online umbrella account together with the only 3 direct debits I have, so that there can be no more charges, etc, on the NW account. I can then hopefully leave the NW account dormant until I put my claim in. Dormant being nearly £2k in agreed overdraft limit........

 

Hi AA,

 

For this exercise with hardship the banks will not at this stage refund the interest, for instance Abbey just gave me 65% of my charges only, because my charges claim was already in court at the end of the test cast, hopefully I will receive the other 35% + the interest accrued. But my all means you could mention the interest at this stage but it wont I am sure be paid right now. The best you could hope for is to receive anything upto 100% of the charges back

 

In your case you have not started proceedings with the court yet so the interest is not as important at the moment as getting back the charges especially as you are in hardship. This must be prime importance to you as every day this goes on your debts are probaby getting into a much worse position.

 

Also, for claims over £5K if you took it to court would probably go into one of the higher tracks and this in MHO is very tricky. I had to face this with one of my claims agains Halifax albeit it is a 18 year claim for charges if I had compounded the interest it it would have come to £60K+, but with 8% the claim came to under £5k. I would have loved the £60K+ but sadly I did not feel confident enough to argue these points in court with statute of limitations and Sempra, although I had a very good POC already prepared.

 

All the best

 

Tuttsi

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  • 2 months later...

I am still compiling my charges to claim back, but in the meantime have copied and pasted the following from a fellow Cagger who has received this response and put it in the General Bank Charges thread.

 

Any comments appreciated:)

 

I recently submitted my N1 for charges including overfraft interest as per discussion earlier in this thread and have just received LTSB's defence.

 

In this they state -

 

'The Claimant's claim appears to be misconceived in that the Claimant is seeking a refund of overdraft interest. There is no claim for refund of the authorised rate interest as it is contractually due and is a core term of the agreement between the Bank and the Claimant. As such the Defendant denies that they are indebted to the Claimant for the sums claimed under this heading.'

 

Their defence goes on to quote the case law that they intend to rely on -

 

'Emerald Meats (London) Ltd. v A/B Group (UK) Plc [2002] EWCA Civ 460 which is authority for the proposition that a customer entering into overdraft arrangement could expect to pay interest on the basis of the standard practice operated by the bank.'

  • Haha 1
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Hi AA:)

 

Thanks so much for posting the above on your thread - it's most appreciated!

 

Just wondering how you are getting on with your own claim - did you get anywhere on the Hardship front?

 

Keeping my fingers etc crossed for you and thanks again for your support:D

 

Regards,

 

Landy x

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You have mail AA !! :)

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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