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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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Should my father accept this offer from MBNA - Partial Settlement - Visa. Thanks


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Hi

 

Firstly, I would just like to say a massive thank you to so many people on this forum who have helped me in my research relating to Visa card companies accepting “full & final payments” to clear Visa balances and with trying to get my father debt free. The information available on this site is incredible.

 

My father has 3 Visa cards with a total of around £11,000 and 1 Egg loan with a total of £2,300. I have been in contact with 3 of his Visa companies to try and get them to accept a “full & final payment” on his balances. I am also in contact with Egg to get them to pay back the PPI for which he has paid £1,222.00. He is currently only paying £18.00 per debt, per month as this is all he can afford.

 

We have been unfortunate that Mint have wrote back and not accepted his 1st offer but we have just received a letter from MBNA agreeing to a “Partial Settlement”.

 

I would like clarification that what they are offering my father is correct.

This is what we have received from them:

 

--------------------------------------------

Dear Mr ******

Thank you for your recent correspondence regarding an offer of settlement. We confirm your offer of £2350.50 will be accepted in Partial Settlement of your account.

 

Our agreement is conditional upon payment being received within 21 days from the date of this letter. Upon receipt and clearance of the payment, we confirm no further action will be taken to recover the remaining balance.

 

Your account would be registered as a Partial Settlement with the Credit Reference Bureau for 6 years.

 

Please be aware that a statement will be sent to you confirming receipt of your Partial Settlement payment, which is your information only as your account will subsequently be closed.

 

Further use of your card will void this agreement, therefore, if you have not done so, please return your card and any unused credit card cheques.

 

Please make your cheque payable to MBNA Europe Bank Limited, and forward to:

MBNA Europe Bank Limited

Royal Avenue

Widnes

WA88 1AS

 

Please ensure your account number is quoted on the top left corner of the cheque.

 

Yours sincerely

Sally Moran

----------------------------------------

 

 

I just want confirmation that a “Partial Settlement” can still clear an account. I thought it may need to be “Full Settlement”. I know it seems to clearly state that in this letter but I want your views please.

 

He is also unconcerned that the Credit Reference Bureau will have these details for 6 years, as he will not get another Visa card of loan again in his life. He is 62 years old.

We are happy with this offer as he owed them £4.800.00 (However, he had paid around £2,500 in interest over the time he had his card).

 

We have also just received a letter from Egg (currently his balance is £4,700.00 - we have offered £1,350.00). They have agreed to look at the possibility of accepting a Partial Settlement but they need more information regarding his outgoing etc.

 

What I have agreed to do is pay these offers for my father on one of my Visa cards at a rate of 6.9% until the balance is paid off - a lot better than the 33% he was paying!

 

Cheers again for your help and support.

Chris

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Hi,

 

I am fairly new to the game myself so someone will give better info than me but I am nearly 1000% sure that a partial settlement means they can sell that debt on to a debt collection agency within the 6 year timeframe AND THEY WILL. Please do not pay anything until one of the guys or gals on here confirms the agreement is correct. If no-one responds keep putting a reply on. These companies cannot be trusted;)

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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If you do go ahead with the offers DO NOT SEND THEM THE CARD BACK EVEN IF YOU HAVE CUT IT UP as there are instances on this site where MBNA have used a card in court as verification to a judge that an account did exist because of there being no agreement.

 

Just say to MBNA sorry because of the data protection act i have taken the liberty to cut and dispose of the card myself

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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There are many other threads about this issue. Partial Settlement means exactly what it says on the tin. Partial Settlement = i.e. Part payment.

 

If you wish to settle this matter once and for all - it must be FULL AND FINAL SETTLEMENT - and you must get that in writng before you pay up.

 

Please do not allow yourself to be misled by MBNA

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Cheers for your views - I think I'm going to ask them for details regarding my fathers agreement and to see what information they have on file. I'm also NOT going to send any money until we receive a letter confirming full and final settlement.

 

Can someone please give me the link to the thread regarding the first letter that goes off to a Visa company asking for information about signed agreements. This site is too big :eek:.

 

Thanks again

Chris

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Hi

 

I just want to show you the letter from MBNA that my father received on the 20th January for your views.

 

Dear MR ******

 

Thank you for your recent correspondence regarding an offer of settlement. We confirm your offer of £2,350.50 will be accepted in Partial Settlement of your account.

 

Our agreement is conditional upon payment being received within 21 days of this this letter. Upon receipt and clearance of the payment, we confirm no further action will be taken to recover the remaining balance. Your account would be registered as a Partial Settlement with the Credit Reference Bureau for 6 years. Please be aware that a statement will be sent to you confirming receipt of your Partial Settlement payment, which is for your information only as your account will be subsequently closed.

 

Further use of you card will void this agreement, therefore, if you have not done so please return your card and any unused credit card cheques.

 

Please make your cheque payable to blah blah blah......

 

 

 

......he has also received this on the 24th...

 

In relation to our conversation on the 22nd January 2009, I am pleased to inform you that we provisionally accepted your offer of £2350.50 in payment for the above account. MBNA are prepared to accept this significantly reduced payment in short settlement of your outstanding balance of £4915.24. In return MBNA will not take any further action and the account will not be pursued further.

 

Remember this will report on your credit file as being settled which would be more favourable than a default for further aplications for credit.

 

 

 

 

What do you think???

 

CLT

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I agree, don't be underthe illusion these guys play fair. It does not say this debt will not be sold on to a DCA. DO NOT acccept unless it is full and final and even then you need to post the letter on here for everyone to look at before accepting. This is in y humble opinion. I will find the link and send it to you with the template letters.:)

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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Honestly, just ring them. If your'e not authorized on the account, call up and put your father on the line, get him to clear security then add you as an authorized user, then you can speak to them directly.

 

you will go through to the TACS department, basic grunts who pick up the initial calls, and they may be able to find out for you, if not, you will be transfered to the collections department and they will answer the uestion for you. You can ask them for a definite answer if this payment will be the only payment and the account will be cleared then closed down. If they say yes, ask them for a letter stating as such, then feel free to pay it. If they don't, then avoid them.

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Honestly, just ring them. If your'e not authorized on the account, call up and put your father on the line, get him to clear security then add you as an authorized user, then you can speak to them directly.

 

you will go through to the TACS department, basic grunts who pick up the initial calls, and they may be able to find out for you, if not, you will be transfered to the collections department and they will answer the uestion for you. You can ask them for a definite answer if this payment will be the only payment and the account will be cleared then closed down. If they say yes, ask them for a letter stating as such, then feel free to pay it. If they don't, then avoid them.

 

I agree but remember what they say on the phone is irrelevant it is only legal when followed up with the correct letter. As grummy mentions if you get the letter feel free to pay. Post it on here first though.

If you feel I have helped please tickle my scales;)

 

 

MBNA - Ongoing

Egg Loan - Ongoing

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I agree but remember what they say on the phone is irrelevant it is only legal when followed up with the correct letter. As grummy mentions if you get the letter feel free to pay. Post it on here first though.

 

 

...will do, thanks.

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  • 3 weeks later...

Oh dear, oh dear.

 

I've just had a phone call from my father to say that MBNA will not be offering "full & final payment". They will offer "Partial" or "Short" payment but can not guarantee that a debt collection agency will not come after the remaining money owed.

 

He has also been informed by Mint that they too will not accept "full & final payment". We await a letter from Egg but I presume that it will be the same answer.

 

I have sent all 3 companies the same information. ie total outgoings, what my dad can afford to pay etc. He has gone to see Citizens Advice and he has done exactly what has been asked. I have sent MBNA and Mint template letters that are available on here and really can't think what else to do.

 

They will not accept full & final payment to clear the debt and feel the only other option he has is to go bankrupt or just let them take him to court. (He is paying them £18 each per month - should be close to £200)

 

However, there is around £40,000 equity in the house and I was wondering IF he does go bankrupt would the judge tell him he has got to sell the house?

 

Is it worth taking my dad off the deeds now - only then to have my mothers name on the deeds. All the debt is in my dads name.

 

Any help is appreciated (god, you've got to love your parents eh! :rolleyes:)

 

Cheers

C

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