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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Phil Vs Lloyds (Credit Card) See my CCA Copy


omoeko
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Hi all,

 

I have started a claim against Lloyds and requested a copy of the CCA, I was searching down the house and I bumped into some documents which I suspect might be the CCA for the credit card which I have with Lloyds.

 

I have sent CCA request letters for 2 other loans which I have with them, can someone please check the attached CCA's to see if I have any chance against Lloyds.

 

Although I have requested a signed copy from them, I just want to grade my chances to see if the one which I have is enforceable.

 

The credit card comes with the corresponding airmiles card as well, looks like I have 3 documents attached

I currently have a balance or around 6k on it at the moment.

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Hiya

 

hello and welcome

 

i can see this is one of your initial posts

 

i didnt want you to think no one was bothering with your post, so just wanted to say hi and im sure others will come along too later or by tomorrow

 

i personally dont have full knowledge on lloyds and what the info you posted actually means, but what you have posted looks like the pre stuff they would have sent you, but you do need to see what you actually signed as a credit card agreement or your loan agreements when they send you this back and also remember allow them 12 days working day i believe, and then put the matter into dispute,

 

i would recommend you go to the lloyds section and see what other threads look like and gain as much info for yourself as you can, read and read as much as you can and keep posting here

 

 

for future ref, if you dont get a reply, just post another messge with the word bump and it will get updated to that days new posts and then you may get someone to come and help you

 

take care and keep posting on this thread for any other questions you have on these lloyds issues

 

laters angel x

 

 

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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hiya

am really sorry no one of any legal background or personal knowledge has come forward yet,

 

did you take a look at other threads that my match the info you have?

 

i will keep an eye on this for you and if no one has yet come by i will try and alert someone i know to take a look for you

 

take care laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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  • 3 weeks later...

Hi All,

 

I sent lloyds a Credit card CCA request since the 15th of January 2009, I have heard nothing yet. when i sent same CCA request for the loans, I got something back later.

 

Can someone advice me on what to do here, I have had the Credit card du for sometime now and dont remember signing any agreement.

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  • 2 weeks later...
  • 2 weeks later...

Hi All,

 

After waiting and waiting, lloyds have finaly replied my request for the credit card CCA, they sent me 2 sets of documents, they look quite similar, I believe one is for the main credit card and the other one is for the airmiles due card or so.

 

They are also saying they will not entertain any more communication with regards to this matter, which to me looks a little bit dodgy, on the other side, I have noticed that most creditors dont tend to place account in dispute when matters like this arise, is it wroth arguing ones case over the phone as to why the account should be in dispute until it is resolved or strictly put it in writing, as they dont tend to accept any guilt.

 

See attached document, if I need to put up the other set of documents, please let me know.

 

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DO NOT SPEAK TO THEM ON THE PHONE. If correspondence is on paper you have a record!

I think you should post the CCAs that were sent, minus personal details, so that it can be checked if they are properly executed, for example the t&c should be the ones issued with the agreement and shouold be included within the 4 corners of the document. When were the cards issued?

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Sorry, re-read everything; the letter states that they have sent a copy of the current t&c, when was the alleged card taken? As your signature is not on the documents I think they would have to be able to produce the original in court to enforce it (though this possibly depends on whether the person hearing the case knows the law...)

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Hi,

I cant remember exactly when i took this card, but i think it was back in 2003/2004.

 

Also, the terms are the documents that I have attached, is that sufficient enough ? and also is it just the signature that we are looking for here ?

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Sorry, re-read everything; the letter states that they have sent a copy of the current t&c, when was the alleged card taken? As your signature is not on the documents I think they would have to be able to produce the original in court to enforce it (though this possibly depends on whether the person hearing the case knows the law...)

Yep originals must be shown under CPR procedure but of course it's up to you as the defendant, if it ever goes near a court, to make sure the judge is well aware of that; quoting relevant legislation should wake them up sufficiently :)

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Ok Ladies and Gents

 

I am not familiar with the process, but obviously learning from Guys like yourselves, lets say they cannot still find the document as it looks like in the first letter, but it looks like they have sanctioned a search.

 

I have a payment plan setup for 6 months @ a nominal interest rate, at the current rate, it will take 7 years to fully pay off, but I am sure this is just a temporary thing. In other cases, will one just say, well you cant find the documents, I'm not paying up !!

 

As I am thinking, if they do not have the document, what normally happens in summary, will they ask for a settlement from myself etc as they know that i shouldnt pay anything if its unenforceable ?

 

 

also, if if goes to court, how will I know if they have the real document or they just waiting till it reaches court then show the real document,then I will get a shocker and pay court fees as well.

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if they had the right documentation you would probably already have the court papers.

If they dont come up with a enforceable agreement you can legally withold payment.

They might offer a settlement figure but why pay this if there not entitled to collect ?

Unlikely to go to court without correct documents.

 

But the debt still exists

 

Good Luck

 

Notts

As a great man once said " All Men Can Fly But Some Only in One Direction"

 

Notts

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We have not reached court stage yet, as the day is still quite early. What I want to know is this, since they have threathened not to enter any correspondence anymore with regards to CCAs.

 

Looks like they might want to pass it on to a DCA. might fire them the letter above

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Omoeko: also, if if goes to court, how will I know if they have the real document or they just waiting till it reaches court then show the real document,then I will get a shocker and pay court fees as well.

 

If they had the original [or a decent copy of it] I think it is 99% certain they'd have sent it to you. They may be still be looking for it, who knows something may turn up but I would say it's very unlikely.

 

If they have a kosher agreement it will be to hand and they will forward it to you if only for the satisfaction of shutting you up, and focussing your mind on repaying them. 99.99% of the time I reckon they neither have the resources nor inclination to play games although of course you always have to be ready for worst case scenario :)

 

Here's a link to my thread- it's an enforceable agreement by all accounts although its very doubtful the original exists. I think I've suffered bad luck rather than the bank's good management but there you go! The fact is they had it, and sent it on the first off, which I think is a useful lesson in itself. Have a look anyway.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/187852-skem-lloyds-tsb-sechari.html

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Guys, loyds sent me a form today asking me to provide details if income/expenditure and to also make them an offer based on income/expenditure.

 

Not too sure what to do here especially with the CCA situation and the fact that I'm couple of months in arrears. In cases like this, what will the bank do ?

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Guys, loyds sent me a form today asking me to provide details if income/expenditure and to also make them an offer based on income/expenditure.

 

Not too sure what to do here especially with the CCA situation and the fact that I'm couple of months in arrears. In cases like this, what will the bank do ?

Well I suppose it's crunch decision time lol

 

If you want to come to an arrangement with them and pay a reduced amount monthly, send the IE and a proposal and sit back- eventually they'll accept it if it's reasonable for your personal circumstances.

 

However if after considering the info in these forums you think the CCA copy sent to you hasn't got legs and feel steely enough for a punch up if it happens, tell them you consider the account to be in dispute and they can take a walk.

 

Personally I don't think you've got anything near as enforceable as mine and as it looks like you're pretty certainly going to be defaulted no matter what, I'd be tempted to go for the second option. It's a risk, but unless you want to pay them ad infinitum through an arrangement, any action outlined on here is exactly that, a risk, in varying degrees.

 

Again I stress this is a PERSONAL opinion- others may think differently!

Edited by SkemDosser
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I see what you mean, what they have also said is that if i decide to make them an offer to pay every month, the account will be cancelled. So this means thats I might end up paying a debt that is unenforceable in the first place.

 

The thing is, I dont want them adding charges or anything else onto the account.

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I see what you mean, what they have also said is that if i decide to make them an offer to pay every month, the account will be cancelled. So this means thats I might end up paying a debt that is unenforceable in the first place.

 

The thing is, I dont want them adding charges or anything else onto the account.

This is the point you've reached really- don't pay them any more and put the ball back in their court [a calculated risk but one loaded in your favour I would say] or pay a reduced amount and the account trundles on, and by that I assume you are intending at some future date to try and pay it off [i don't know how big a debt it is].

 

So far as the charges go, knowing Lloyds they'll add them anyway no matter what, they did to me. But it may be academic anyway to you, if you stop paying in the knowledge that it's unenforceable and/or you were never going to be able to pay it off anyway. It just becomes figures on a piece of paper really.

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