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    • 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  
    • 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.  
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    • Hello,

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

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

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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

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

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

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

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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CCA - Help Required


squidward
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Update....

 

Well after a wait of over 6 weeks my Abbey card CCA arrived :eek:

 

Could someone have a look not to sure if it's enforceable - just my luck if it is.

It arrived with a copy of their current T&C's and a Letter stating it meets all the prescribe terms.

 

Thanks Squidward

 

First Covering Letter

AbbeyletterCCA.jpg

 

Agreement Front

AbbeycardFront11.jpg

 

Agreement Back

AbbeycardBack1-1.jpg

 

Call Center Form

AbbeyCallCentreForm.jpg

 

I can Post up T&C's if anyone wants to take a look!

Edited by squidward
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Update....

 

Well after a wait of over 6 weeks my Abbey card CCA arrived :eek:

 

Could someone have a look not to sure if it's enforceable - just my luck if it is.

It arrived with a copy of their current T&C's and a Letter stating it meets all the prescribe terms.

 

Thanks Squidward

 

 

HI Squid

 

Does this look like the genuine article to you? Just wondering as Im getting nervous that they will find mine now and I cant afford to pay them the arrear of outstanding monies

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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  • 1 month later...

See PT's thread Consumer Credit Agreements - a guide to enforceability, entry number 8 should be of interest to you .

 

 

"this document is improperly exectued and not in compliance with S61(1)© CCA, the reasons?

 

Look at clause 1.5 (B)

 

where are the exceptions stated? clause 2,.4 . 3.5 and 3.6? they aint there so all the terms were not easily legible when the agreement was signed

 

 

also one has to question what are these terms? are they a term which says you do not have to pay on a day with a Y in it? could be. since its not stated then we just dont know

 

oh also, since its in relation to a prescribed term, they could be in trouble here too"

 

I think this applies to your agreement.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Update....

 

It arrived with a copy of their current T&C's and a Letter stating it meets all the prescribe terms.

 

 

they would tend to tell you it meets the prescribed terms.... but we know better

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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  • 2 weeks later...

oh ooooh just noticed something else. Please run this by one of the site team or better still PT. He has a thread on this somewhere and said it was important.

 

It says on your balance transfer slip.... Credit limit £7500. But in your alledged Financial and related conditions it only gives interest rates for credit limits of £1000, £3000 and £5000. I am sure I have seen somewhere this is important as they have given you a credit limit but not told you what the interest rate is. I think this is a prescribed term and therefore misleading.

Edited by Capricorn1601
needed to add clarification

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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read this post first

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1897679.html

 

My argument on the enforceability (although I am a beginner so get this checked out) would be the agreement has to be within 4 corners of the same piece of paper (both sides). If what they have sent you is correct and not a cut and paste job then, by reading the Financial and related conditions, they are not complete. There are references to conditions which are clearly contained in another document. PT points out that as they relate to Prescribed Terms ie how when amounts and how it is calculated etc, it becomes unclear what is expected of the debtor. A prescribed term must be clear, but what they have sent you is incomplete therefore you would not have known what you were agreeing to. (I hope this makes sense).

 

Then there is the second reason I have tried to outline in my earlier post. I dont know the exact details but remember a post I think was started by PT where he started out by saying that knowing your initial Credit limit is very important. It was related to the interest charges set out (in your case Cash advances). If they say its £7500 but dont have that written into your agreement then again how are you supposed to know how much interest you are to pay them back. Hopefully someone may be able to give you more detail on this.

 

Basically what I am saying is looking at your CCA, I think, and again I must stress I am not an expert, but only can give you my opinion on what I have picked up on this site as I need every argument to fight the b****rds for my CCA, that I think the agreement is flawed. There are missing elements in the Prescribed terms and they are incomplete.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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  • 4 weeks later...

Hi Cap

 

No updates at present! although had a phone call from the customer care dept offering me a 60% reduction of the balance :eek: which would be fantastic if I had the cash available to do it.

 

Phone calls seem to have stopped now

 

How about you

 

Squidward

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Hi squid, Ive had a letter asking me to contact them with a 50% reduction, two postcards, alas not from distant shores telling me they have permenantly emigrated!!! Other that these, nothing. For me if they came down to say 90% reduction with an easy payment plan over 12 months, I might consider it. Did you read the article about the loan which was let off due the PPI versus MBNA which was highlighted yesterday. It appears the tide may be turning to our favour.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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  • 1 month later...
  • 3 months later...

Update

 

Well checked my credit report looks like MBNA have transfered my account

to Arrow Global limited funny thing here is I have no Notice of Assignment (NOA).

 

Whats next??

 

Squidy

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hi squidy

 

thought you had disappeared its been so long since we've heard from you. I'm sure Arrow Global will be in touch before long asking for the money. In the meantime read around and be prepared for them. Usually start off with the bemused letter and take it from there.

 

 

Capricorn

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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