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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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MBNA..i need help


nancy D
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I'm pretty sure that the OC has to notify you if the debt has been sold. and to whom. The recipient must then contact ou to advise that they have been assigned the debt etc etc

 

they most def do, refer back to post 57.

but its irrelevant as 42man states.

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To be fair, your circumstances, at least until recently, were very similar to mine so I am serving self interest by staying up with your situation.

 

At the same time, the more we help each other the better prepared we both will be and the interjections from more knowledgeable Caggers are a great help.

 

Hopefully, we will both get through all this and be able to sleep at night whilst the trauma continues.

 

If I can help in any way, shout up and I/we will be here to support.

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Ok i have sent everything now. Do i just wait???

 

Everything?

 

What did you send?

 

You need to submit the AOS, then enter a defence within the 23 days before the final date.

 

Did you submit a defence already? It just needs to be a summary of your arguements at this stage, then you will need to prepare a more detailed defence for the hearing, if it gets that far.

 

Personally, I would go for having the action struck if they cannot produce an agreement but that is further along.

 

At this point you should have sent the AOS, A SAR request, a CPR 31.14 or CPR 18 request (probably the latter) and entered a defence into MCOL.

 

Then you can sit and wait as the court will confirm that a defence has been entered and allocate the case to the court system. MCOL is somewhat limited in its application so once you defend, MCOL cannot handle this so it goes into the court system. Northampton will contact you to tell you which court etc and a hearing date.

 

If you have not received all of the information you have requested, then you will need to have proceedings stayed awaiting information from the claimant or their representative.

 

I think this is complete, wiser minds will put you straight if I have missed anything.

 

Good luck

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hi nancy,

as Stubie says can u post up what u sent under CPR18, in what timeframe did u seek a reply?

u have done the AOS, so when is ur defence due in (33 days after the date on the claim form)?

i wouldnt put your defence in just yet if time permits, in case u get smth back from the CPR18 rqst.

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I have submitted AOS online, I have sent subject access request to MBNA and also Requested the information from the solicitor within 7days. I don't know were to start in my defense it is due by the 2nd of October. Stubie i have not entered a defence into MCOL and don't really undertstand???

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yes

 

You submit your defence in the same way.

 

As r&b says, leave it a while and see what you get back from the sols as this will influence what you put.

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Ok so i leave it at the moment and don't do anything until i get a response from the solicitors??? I am sorry to ask so many questions, I am not very clued up on anything like this and would not have got this far if it hadn't been for everyone's help on here

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R&B the 28th August

 

so your defence has to be in by Wed 30th Sep (if poss, couple days b4 to be safe).

Ok so i leave it at the moment and don't do anything until i get a response from the solicitors??? I am sorry to ask so many questions, I am not very clued up on anything like this and would not have got this far if it hadn't been for everyone's help on here

 

most of us had no clue before finding this site nancy. i would have a look around and find a holding/embarrassed defence that fits your situation (most will) just in case you get nth back from them, just so u are prepared. also keep looking for and reading threads that are congruent with your situation, its amazing what u will pick up.

couple of useful links for speedy reference:

 

Consumer Credit Act 1974:

Results within Legislation - Statute Law Database

 

Civil Procedure Rules:

CPR - Rules and Directions - Ministry of Justice

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  • 2 weeks later...

Hi,

 

I have had no reply from MBNA or solicitors so looks like i will need to put forward a holding/ embarrassed defence. It is also showing that the letter to the solicitors has either been declined as it showing as undelivered. I will need to send this again. I am looking at threads now but any input would be greatly appreciated.

 

Many Thanks

Nancy D x

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HELP!!

 

I received a letter from MBNA today saying:

 

Thank you for your request to be provided with personal data pursuant to the data protection Act 1998.

 

For security reasons we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving license or passport which includes the main cardholders signature). Although statement information has been sent to you at your address a current postal address is not adequate form of identification. Due to the amount of personal information MBNA will be sending in the Subject Access Request, including bank details, security information, places of birth and dates of birth, we would require extra identification from customers.

 

END

 

Has anyone else come across this or is it a ploy to get my signature????

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nancy its a common ruse. reply stating that they have seen fit to send sensitive documents including a court claim to u at that address so u see no grounds for them disputing your identity. u could always send a diff signature from normal as a gesture of goodwill if u so choose. also tell them that the 40 day time limit began on their receipt of ur original request not from when they decided u were who u said u were.

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I have always deliberately used an altered signature in the hope they would use it but no luck so far. This didn't get noticed by any CCC or the banks as I sent cheques with the same altered signature. I use my normal signature on everything else so easy to prove if they did use it!

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Many thanks.. i will reply r&b and thanks for the signature tips lol!!!

 

 

I have also come up a with an embarrassed defense after looking through different threads. Would this be any good???

 

1. The Claimant has failed to supply a credit agreement.

 

2. No documents supporting the claims in the particulars have been offered which the defendant needs to establish what agreement it is that this action is based upon

 

3. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimant’s claim appears without merit

 

4.Further to above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

 

 

 

Any input would be greatly appreciated as i will need to send this ASAP!!

 

Edited by nancy D
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u cud use most of this from nicklea/PT2537, amend to suit:

The Consumer Forums - View Single Post - Luxx -v- RBOS **Partial Victory**

 

final day is wed 30th sep isnt it? u can do it online

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  • 4 weeks later...
  • 2 months later...

Hi Everyone,

Sorry i have not been on i have had a poorly little girl who is a lot better now.

 

Anyway Update:

 

I have only now received information one was a letter from MBNA solicitors as follows:

 

We refer to your De fence filed at court and dated 30th September 2009.

 

Our client is anxious to avoid costs of proceeding to trial which would be substantial and would be the responsibility of the unsuccessful party at the final hearing.

 

With this in mind our client would like to try and agree terms of settlement with you in order to minimize costs. with this in mind we enclose copies of all documents upon which we would intend to rely, these are as follows:

 

1. Copy Default Notice dated 2009

2. Current version of Agreement /terms and conditions

3. Statements of account from August 2006 to July 2009 which demonstrate how the default balance claimed of £14000 has been calculated.

 

Should you wish to negotiate terms of settlement with our client we must hear from you with in 7days failing which the proceedings will continue. We have in mind either agreeing a reduced lump sum settlement to clear the account at a discounted rate or installment arrangement under a consent order facility which will enable you to avoid incurring a CCJ.

 

 

I also received a letter from my court as follows:

 

Tue 8th Dec

District Judge ***** sitting at *******considered the papers in the case and ordered that:

 

1) The action is stayed until Tuesday 19th Jan during which a period the parties will try to settle the matter or narrow the issues.

2)By 4pm on Tues 19th the Claimant shall notify the court in writing of the outcome of negotiations(without disclosing any matters remain subject to 'Without Prejudice' Terms) and what, If any, further directions are sought. Failure to comply with this direction or engage properly in negotiations may result in the application of sanctions. If settlement has been reached , the parties shall lodge a consent order signed by all of them.

 

3) Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court within 7days

 

so now i am stuck again does anyone know what i should offer MBNA??

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Wondered what had happened to you. Pleased things are better for you and you daughter now.

They were obviously confident of winning then! I think discontnuance by them is good, but I would wait for more knowledgeable opinion before celebrating yet.

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