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    • 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  
    • 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.
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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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Invalid Default Notices


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Sorry for being pedantic (or dense)

 

The DN posted 16 May 2006 was a Tuesday.

 

So, If posted 2nd Class (4 days) turns up saturday and demands response by 23 May, also a Tuesday and I myself allowing two days for first class return post, leaves Sunday to reply.

 

Saturday and Sunday are not working days and do not count?

 

This leaves Zero days to comply, and is impossible to perform?

 

If sent first class I would have 2 days to comply, is this correct?

 

Many Thanks all

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Sorry for being pedantic (or dense)

 

The DN posted 16 May 2006 was a Tuesday.

 

So, If posted 2nd Class (4 days) turns up saturday and demands response by 23 May, also a Tuesday and I myself allowing two days for first class return post, leaves Sunday to reply.

 

Saturday and Sunday are not working days and do not count?

 

This leaves Zero days to comply, and is impossible to perform?

 

If sent first class I would have 2 days to comply, is this correct?

 

 

Many Thanks all

 

they will claim they sent it first class therefore it is best to work on the basis that first class is two days short as the recipient did not keep the envelope and the judge will, in that case undoubtedly believe the creditor

 

in any event if it was second class the day of service would not be saturday- but the following Monday

 

at that rate it will have arrived two days before it was sent!!

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Having read through a lot of the ICO guidelines for creditors am I correct in my reasoning that once an alleged account is terminated the creditor loses the right to continue reporting to the CRA's?

 

In my case they placed a default on my file more that 6 months after termination. I have told them they were wrong to do this and told them to stop reporting but not surprisingly they just carry on!

 

my thread is here if anyone is interested in commenting

 

cheers:)

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I cannot imagine the FOS would go that far out on a limb.

Consider a situation where the creditor has terminated an account and then takes the debtor to Court to recover the money. Before the trial, the debtor is able to clear the whole amount. As the debtor would expect the creditor to inform the CRA that the debt was now satisfied, it would seem unfair to the FOS that the creditor could not make entries in other cases that were not of such good news for the debtor.

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I cannot imagine the FOS would go that far out on a limb.

Consider a situation where the creditor has terminated an account and then takes the debtor to Court to recover the money. Before the trial, the debtor is able to clear the whole amount. As the debtor would expect the creditor to inform the CRA that the debt was now satisfied, it would seem unfair to the FOS that the creditor could not make entries in other cases that were not of such good news for the debtor.

 

I see your point but in the above scenario one would be giving their permission to report the payment and would expect their file to be updated. I have told them to stop reporting now that the alleged agreement no longer exists.

 

I would think the FOS would let the creditor do whatever they wanted but the ICO's guidlines in relation to filing defaults states 'Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default.'

 

So I think their reporting should cease once an alleged agreement no longer exists. After all, no agreement, no right to report.

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Hi lookinforinfo,

 

Don't want to argue about this but are you are saying that a creditor has a right to report on a credit file even where no legal agreement exists? Surely, just because they do it, it doesn't make it right! After all, there is a lot of things they do that are wrong but they still do them because they think they can get away with it.

 

I have just had a quick read through this thread and came across this post from Pinky69 who started this thread. It reads.

'A DN is not necessary to make an entry on a credit report -a default indicates that the relationship between the creditor and debtor has broken down. You should read the Information Commissioners Office's Technical Guidance on filing defaults - you will get it on their website. What creditors cannot do is issue a DN which is unlawful for some reason then terminate the account then make a default entry because that action rescinds the agreement and any clauses in the agreement giving permission for the creditor to process your personal data are rescinded with the agreement. A creditor can issue a second DN as long as they haven't terminated the account. If you apply to set aside CCJs on the basis of an unlawful DN and termination then you are going to have to explain to the judge why you didn't raise it at the time of the case. If it has been a while since the the CCJs were handed, it may be very difficult to get them overturned.'

 

Hope this helps with what I am trying to say.

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Hi lookinforinfo,

 

Don't want to argue about this but are you are saying that a creditor has a right to report on a credit file even where no legal agreement exists? Surely, just because they do it, it doesn't make it right! After all, there is a lot of things they do that are wrong but they still do them because they think they can get away with it.

 

I have just had a quick read through this thread and came across this post from Pinky69 who started this thread. It reads.

'A DN is not necessary to make an entry on a credit report -a default indicates that the relationship between the creditor and debtor has broken down. You should read the Information Commissioners Office's Technical Guidance on filing defaults - you will get it on their website. What creditors cannot do is issue a DN which is unlawful for some reason then terminate the account then make a default entry because that action rescinds the agreement and any clauses in the agreement giving permission for the creditor to process your personal data are rescinded with the agreement. A creditor can issue a second DN as long as they haven't terminated the account. If you apply to set aside CCJs on the basis of an unlawful DN and termination then you are going to have to explain to the judge why you didn't raise it at the time of the case. If it has been a while since the the CCJs were handed, it may be very difficult to get them overturned.'

 

Hope this helps with what I am trying to say.

 

there is a big difference between a legal agreement existing and a legally enforceable agreement

 

proving that the debt is not legally enforceable \(usually due to a missing or defective agreement and/or DN) does NOT prove the a debt does not exist.

 

the fact of an agreement not being in existence does not prove that you did not enter into an agreement with the creditor

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there is a big difference between a legal agreement existing and a legally enforceable agreement

 

I don't follow. If an agreement is legal, why would it not be enforceable, or are you just intimating that the creditor cannot prove legality if he can't find the agreement?

 

proving that the debt is not legally enforceable \(usually due to a missing or defective agreement and/or DN) does NOT prove the a debt does not exist.

 

Quite, and a GREAT many people think they can get debts 'written off' (thanks mainly to the disingenuous cmcs)

 

the fact of an agreement not being in existence does not prove that you did not enter into an agreement with the creditor

 

Again agreed and this is why people should not instigate claims against lenders who claim not to be able to locate agreement.

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apologies if anyone has posted anything similar before but I can't find owt...

 

as I understand it, a DCA can only claim the arrears at the time of default when an account has been terminated after issue of a flawed DN.

what (if anything) can the DCA claim if:

 

a) MBNA 'closed' the account (comms log and statements show '28/02/09 CHARGE OFF ADJUSTMENT £XXXX Cr and balance as zero

 

b) MBNA subsequently issue a default notice dated 6th March 09 with remedy date of 23rd March and served via 2nd class

 

c) the alleged debt is assigned to CLueless Finance on 20th March 09 (yes before remedy date on DN)

 

Opinions welcome please :)

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The postman's just called with a DN from Mercers obo Barclaycard. Dated the 3rd March 2010 gives me until 20 March 2010 to rectify. Any comments greatly appreciated.

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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apologies if anyone has posted anything similar before but I can't find owt...

 

as I understand it, a DCA can only claim the arrears at the time of default when an account has been terminated after issue of a flawed DN.

what (if anything) can the DCA claim if:

 

a) MBNA 'closed' the account (comms log and statements show '28/02/09 CHARGE OFF ADJUSTMENT £XXXX Cr and balance as zero

 

b) MBNA subsequently issue a default notice dated 6th March 09 with remedy date of 23rd March and served via 2nd class

 

c) the alleged debt is assigned to CLueless Finance on 20th March 09 (yes before remedy date on DN)

 

Opinions welcome please :)

 

the charge off in MBNA's records are not a write off of the debt- they are an internal accounting procedure

 

the rest of it is clearly unlawful

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The postman's just called with a DN from Mercers obo Barclaycard. Dated the 3rd March 2010 gives me until 20 March 2010 to rectify. Any comments greatly appreciated.

Obviously sent 2nd class, so defective for dates. Keep the envelope and wait for termination.

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The postman's just called with a DN from Mercers obo Barclaycard. Dated the 3rd March 2010 gives me until 20 March 2010 to rectify. Any comments greatly appreciated.

 

Hi, can you scan as might be more to it than just a dates issue. Also, does the envelope confirm second class post was used? 5 days to get to you suggests it was, assuming they sent it as soon as it had been printed...unlikely.

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Hi. Cheers for replies. Just checked envelope says 1st but only arrived today.???

Brooooooooooooooooooooooooooooooooooooooce's success's so far:

 

Capital One - 15% f & f saving £4,250

Barclaycard - 25% f & f saving £12,000

Blackhorse - reduced loan settlement saving £1,605

Cahoot - 15% f & f saving £2,740

MBNA - 20% f & f saving £26,800

Lloyds TSB 28% f & f saving £7,377

 

Total written off to date: £54,772!!!!!!!!!!!!!!

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