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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
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      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.  

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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.
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      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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basa48 v Egg CC


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It beggars belief that the so called authorities are doing exactly nothing to remedy what seems to be an industrywide failure to comply to legislation.

 

I think SAR will have to be my next step. After reporting them for harrassing me with phone calls!! :D

 

I don't mind how long they take, every month means more cash left in the bank!! :lol:

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  • 2 weeks later...

Sigh ... getting 'secure messages' now advising me to contact them about bringing my arrears up to date.

 

Yeh right !! 8-)

 

Sent them a letter recently asking to advise which part of CCA 1974 allows them to 'terminate' my account last year when it wasn't in default.:roll:

 

That should cheer them up!!:wink:

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I would be interested in their answer to that! Had same thing happen with me but a different company this time.

 

The Egg termination issue is quite complex. Their wording was to 'end' (their words) the agreement ... but, we must still honour our part by carrying on paying!!

 

Whilst this contravenes quite a few clauses of the 1974 and 2006 Acts (especially if the account was not in default), the big question is what a court might decide is the remedy?

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Hmmm interesting, but complex like you say.

 

I have a situation with a credit card that in order to accept reduced payments they had to default and terminate the account. I no longer get any statements from them but they still report the default and reducing balance to CRA's.

 

I also think the default notice could be invalid so if it ever goes to court I will use that one.

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OK Egg are pestering me with secure messages asking me to pay them plus letters saying they complied with s78 and the matter is closed. All standard stuff.

 

I'm just wondering at what point one of us gets fed up and starts a claim :?

 

If it's me can anyone suggest part 8 or fast track? (The debt is over £5K).

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Hi folks,

 

sorry to butt in but I did you all tell Egg that you were having financial difficulties and ask for help and then have to go to the CCA stage? I need to get in touch with them soon and know that if the next payment via DD goes out in May it may just bounce.

 

Any info on what their reaction was to your problem would help ,as would info about how and when you stopped payments, (ie cancelling DD).

 

Thanks,

 

xx

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After a rather pointless telephone conversation about how they couldn't accept a lower payment and do I have a debit card they can take full payment from I ended the call and came here.

 

They ignored me completely and have continued more or less to do so, so I can't offer any help or assurance that they are sympathetic or understanding. My experience tells me they aren't.

 

I questioned my CCA because I wanted a strong case to force them to accept lower payments.

 

 

I found here strong argument that my CCA is unenforceable and that I was under no obligation to make any payments. I have sent them numerous letters, they have chosen to ignore my comments regarding unenforceablility and issued a default notice.

 

I have chosen therefore to ignore them in turn, and will continue to do so until they drag me into court, OR acknowledge they have a problem.

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Hi lollipop,

 

thanks for your post. I'm in a bit of a dilemma. I don't want to hijack this thread but know I need to take decisive action asap. I am used to creditors taking the S-L-O-W route when folk suffering financial probs contact them to ask for reduced payments. I simply don't think I have the time to dally with them.

 

I deal with them via the internet and have noticed that they can't supply with my a copy of my CCA online. Is this pretty common?

 

I value the experiences of people on here that have dealt with Egg etc so I don't shoot myself in the foot.

 

Basa, please accept my apologies for jumping in here. I will start my own thread once I decide which action to take...promise:)

 

xx

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No one can view their agreements online-I don't know why.

 

There is no shortcut, either you find the time to deal with them or you don't, either way they will try to deal with you.

 

 

Have a read through the various threads, only you can decide which way to go.

 

I spent a lot of time on here at first reading and re reading, then I downloaded and read and re read the consumer credit act, then the same with the data protection act.

 

It is mind boggling and very time consuming, but ultimately enriching.

 

Bear in mind

 

 

There is no such thing as debtors prison, and they can only take from you what you have to give, nothing more.

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Hi lollipop,

 

thanks for your post. I'm in a bit of a dilemma. I don't want to hijack this thread but know I need to take decisive action asap. I am used to creditors taking the S-L-O-W route when folk suffering financial probs contact them to ask for reduced payments. I simply don't think I have the time to dally with them.

 

I deal with them via the internet and have noticed that they can't supply with my a copy of my CCA online. Is this pretty common?

 

I value the experiences of people on here that have dealt with Egg etc so I don't shoot myself in the foot.

 

Basa, please accept my apologies for jumping in here. I will start my own thread once I decide which action to take...promise:)

 

xx

 

No problem 48xxx, it's a quiet time for me atm anyway ;-)

 

When did you get your Egg card, was it postal or internet application?

 

If it was a postal application before say 2005 there is a good chance the agreement is unenforceable and you can stop paying anyway (check back here first). If later or online you will probably find it is enforceable and you'll have to make whatever arrangements you can with Egg.

 

Like Lollipop said, they can't take what you haven't got. Egg might threaten nasty things but in the end a court will only ask you to pay whatever is reasonable even if that is £5 a month.

 

For now look around the Egg threads for the template letter asking for your credit agreement from egg (it'll only cost £1 :-) ).

 

Check back here soon.

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Hi Basa,

 

thanks for letting me barge-in.

 

I honestly can't recall when I took the card out but it was well before 2005. I think, (but only think), it was an online application so it looks like my CCA will be enforceable. I was going through a very bad time so my memory is a little hazy, and irritatingly poor.

 

I have been on here for a while and have had fantastic support and advice from so many people to deal with creditors, but I was concerned that to simply cancel my DD might be seen by them as antagonistic. I plan to write to them asap and let them know I'm having financial probs, but am a little reluctant to request a copy of my CCA until I've heard what they have to say. I imagine they get a bit narked by that sort of thing!

 

I am so grateful to you for your advice and will keep reading this thread even when I start my own one, which, no doubt I will have to do.

 

xx

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Chill out and take control.

 

BTW I honestly don't know when Egg started online agreememnts and unfortunately know even less about what shortcomings the online application had.

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I think egg have always done online applications but until dec 2004 they had to have a signature for execution.

 

It is your statutory right to request your cca at any time during the course of the agreement. As long as you haven't requested one within a month previously.

 

Just because you request one does not mean you are intending to kick up some sand, and if you are paying your monthly obligations they cannot take action of any sort.

 

cds

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Thanks for that cds.

 

My daughter reminded me that I used my egg card in October 2004 so I know my application was many months before that.

 

I think I know how to proceed now, so will start my own thread when I've got things under way. I don't want to intrude too much on basa's thread.

 

Many thanks,

 

xx

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Help48 - Do NOT worry about how it will be 'perceived' when you claim your legal rights to a polite and formal request for documentary evidence of something. Remember just what these companies are about, saddling the world with debt so they stay rich and we stay poor. Furthermore, if there was one SINGLE getout they could use (for example if you tried to claim under payment protection insurance due to illness etc) THEN THEY WOULD check every I is dotted and T is crossed, and it would be nothing personal either, its just business (they invent the ways it works, not us). So treat this just like business, and sensible logical thinking, a company is asking for money from you, you are asking for proof of a debt. Thats all, you are not saying you don't think it exists, you are saying "under my rights, please could i see a copy? Thanks" so relax and think more about your rights and duty to yourself, rather than towards them and their mood. To be honest, it will be very coldly dealt with anyway, mostly through computers and printers. Nothing to worry about, but i would add that if you feel troubled by the idea of asking for your rights to be acknowledged THEN THAT IS SOMETHING WRONG IN ITSELF!!!

Go for it, good luck and keep us posted.

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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Just to add to A+'s comments. Don't forget the Consumer Credit Act was introduced precisely to protect the consumer from unscrupulous money lenders (read credit companies).

 

Also think about this. The world is in dire financial straits at the moment because of whom precisely? Correct .... unscrupulous Banks and finance houses. Think on who is now being asked to pay THEIR debts ... yup US!!!

 

And also note that in USA there are already cases stacking up of finance companies being investigated for shady dealings with the bailout funds!! Unbelievable. :evil:

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Hi basa & A+,

 

thanks for the comments, they are appreciated. I should clarify though that I'm not scared of asking for a CCA...I have done so a good few times since my financial problems arrived thanks to the great advice I have received from Caggers.

 

I just needed a bit of guidance from you guys about Egg's attitude to debtors when they simply can't afford the payments any longer. It looks like they are one of the worst to deal with though, and so a CCA request is an absolute in my view.

 

I have the initial letter sorted, so the DD will be cancelled shortly. Then I imagine it will be time to get ready for the fight! Unless any of you think I am doing this the wrong way.

 

xx

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Hi basa & A+,

 

thanks for the comments, they are appreciated. I should clarify though that I'm not scared of asking for a CCA...I have done so a good few times since my financial problems arrived thanks to the great advice I have received from Caggers.

 

I just needed a bit of guidance from you guys about Egg's attitude to debtors when they simply can't afford the payments any longer. It looks like they are one of the worst to deal with though, and so a CCA request is an absolute in my view.

 

I have the initial letter sorted, so the DD will be cancelled shortly. Then I imagine it will be time to get ready for the fight! Unless any of you think I am doing this the wrong way.

 

xx

 

I'm told Egg are completely ruthless with people who cannot afford the payments. I didn't let it get that far with them ... I struck first. :p

 

CCA is absolutely the correct first step (as you know).

 

Since I cca'd them and then disputed them and stopped my DD they have been surprisingly quiet. I did cite quite a few reasons for the dispute including the termination letter.

 

I do think they know they're on a very slippery slope with some of these accounts.

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Help48, good for you. I have TWO ongoing disputes with Egg and i agree they are one of the worst, but far from being THE worst in my experience (15 creditors no less).

 

As Basa correctly states (as usual :) ) the CCA is only the first step and in my view Egg is almost guaranteed to have made a mistake or malpractice SOMEWHERE along the line, if they haven't yet (which i doubt) then playing the game for all its worth will probably cause them to walk into doing so very soon in some way, and when they do, be READY :D

The financial system is collapsing, time to raise a glass to the end of the biggest pyramid scheme in history - The Debt Industry :whoo:

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Hi Help 45,

 

 

just this minute I have opened a letter from Egg informing me that they are happy to reach an agreed payment arrangement. This is almost 4 mths since I CCA'd them. The only problem is-the account is in dispute AND the number they gave me is the same number I rang some time ago telling them I was in difficulties. They weren't exactly sympathetic that time-what makes me think they will be any better????

 

 

 

Absolutely and categorically NOTHING.

 

 

Basa is right-they are ruthless, they got one chance and one chance alone, which they chose to throw back in my face-then I found this place. They won't get that chance again.

 

 

There is only one way in which they will get any money off me-and that's when a judge tells me to.

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Hi all, and thanks again for the advice etc.

 

I recently received an email which was headed 'Changes to your Egg Card Agreement'. They stress how important it is that you understand how important it is to know what the changes mean you you but If you can't access your agreement via their 'secure' site, then how can you possibly check how these changes will affect you?

 

All the more reason for anyone who has an alleged agreement with Egg to ask for a copy of it...........seems fair to me!

 

xx

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