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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 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.  
    • 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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    • 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.

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      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.

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Invalid Default Notices


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Hiya Colin

 

Ive never recived a letter for full amount or any DN, nor anything regarding termination. They claim to have sent my DN in Dec 07 and said it is valid as they didnt receive it back marked ''Not at this address'' :confused: whatever thats supposed to mean...

 

I did drop my payments to the token £1 per month in Sept 2008 when i was in trouble and they accepted that. Was paying it every month up until this month when they defaulted on my CCA request.

 

I have got a thread, i will bump it this afternoon and put the contents of the letter i received from them the other day on here.

 

:)

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Hiya Colin

 

Ive never recived a letter for full amount or any DN, nor anything regarding termination. They claim to have sent my DN in Dec 07 and said it is valid as they didnt receive it back marked ''Not at this address'' :confused: whatever thats supposed to mean...

 

I did drop my payments to the token £1 per month in Sept 2008 when i was in trouble and they accepted that. Was paying it every month up until this month when they defaulted on my CCA request.

 

I have got a thread, i will bump it this afternoon and put the contents of the letter i received from them the other day on here.

 

:)

 

Put a link on here to your thread and I'll take a look.

 

If they say they sent a DN then they must be able to produce a copy of it. If they wish to start court proceedings over the account they would need to be able to prove that they had issued a valid DN.

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

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Hi

 

Can I ask a quick question please?

 

I am sure I have read somewhere that DN's from Mercers on behalf of Barclaycard should show Barclays address to be correct.

 

Am I right?

 

I have received a DN dated 24th May posted royal mail 1 that has a payment day of 10th June.

 

I think that makes the dates ok? So am hoping the address thing is correct.

 

Thanks

 

Cupcake

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Hi

 

Can I ask a quick question please?

 

I am sure I have read somewhere that DN's from Mercers on behalf of Barclaycard should show Barclays address to be correct.

 

Am I right?

 

I have received a DN dated 24th May posted royal mail 1 that has a payment day of 10th June.

 

I think that makes the dates ok? So am hoping the address thing is correct.

 

Thanks

 

Cupcake

 

Yes, other more knowledgeable people than me have definitely stated that the DN MUST have the name and address of the creditor (i.e., Barclays) on it (I have read that part of the legislation and that IS certainly what it states!). Having Mercers name and address is not sufficient. The dates do seem to me to be such as to make it valid on that score I think.

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

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Cupcake

 

I would say you should now be hoping they now issue a TN or demand the full balance now - since the DN is invalid then that would be unlawful rescission. I hope neither Mercers or Barclays are learning from this thread!

 

BD

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Hi people, can I run this by you.

 

Received from the devil this morning. Looks ok to my eyes. Thing is there are about £700 unlawful charges that have been added to this account which I am shortly about to reclaim aswell as a mis sold ppi, I have won a few thousand back on loan ppi but yet to recieve the money also from Lloyds. Ideally I would be happy for this account to go to a DCA so I can get a lower settlement however if I do this, would I be right in saying that they could use the loan ppi to pay towards my card balance as the account would of been terminated and therefore the balance due?.

 

And also do Lloyds really go straight to court as described in the notice?.

 

The dn

 

http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn001.jpg

 

http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn002.jpg

 

 

For clarity

 

 

Arrears being asked for in dn: Roughly £160

Balance £2800 ish

Charges from last 6 years: £700 ish + contractual interest £740 ish + 8% not calculated but think it will be about £1800 once totted up.

Then there is a ppi which was active between 1998 and 2003 for which I only have the agreement, so this may prove fun.

Edited by Craigbadger
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Thanks guys

 

It does have "We act as agents for Barclays bank trading as Barclaycard" on the letter but it comes from Mercers and the only address is Mercers PO Box 55 Liverpool L32 8XX

 

Cupcake

 

In the Act it clearly states that it requires the Name and Address of the Creditor as clearly as it states it requires the name and address of the debtor; they are after all the two parties to the agreement! Mercers are not a party to the agreement, they are just agents... They could do administration tasks for Barclays, but the Act requires that the DN includes their own name and address; clealry the DN could be ISSUED by an agent, but it must be clear that the Notice is FROM the creditor.

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

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Hi people, can I run this by you.

 

Received from the devil this morning. Looks ok to my eyes. Thing is there are about £700 unlawful charges that have been added to this account which I am shortly about to reclaim aswell as a mis sold ppi, I have won a few thousand back on loan ppi but yet to recieve the money also from Lloyds. Ideally I would be happy for this account to go to a DCA so I can get a lower settlement however if I do this, would I be right in saying that they could use the loan ppi to pay towards my card balance as the account would of been terminated and therefore the balance due?.

 

And also do Lloyds really go straight to court as described in the notice?.

 

The dn

 

http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn001.jpg

 

http://i1017.photobucket.com/albums/af299/badgercraig/lloydsdfn002.jpg

 

If you claim back the u/l charges then the D/N notice would IMO be invalid as the o/s amount and the sum of the breech were incorrectly arrived at.

 

''there are about £700 unlawful charges''

 

if this figure is correct then by the time you've worked out the compound/contractual and stat.interest on top they might well owe you money!

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If you claim back the u/l charges then the D/N notice would IMO be invalid as the o/s amount and the sum of the breech were incorrectly arrived at.

 

''there are about £700 unlawful charges''

 

 

if this figure is correct then by the time you've worked out the compound/contractual and stat.interest on top they might well owe you money!

 

Yes, I agree with this. Let them terminate the account or demand the full balance, then send them a letter accepting their unlawful rescission (for the defective DN; but you don't need to TELL them that, just let them work it out for themselves!).

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

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I am just about to try and see off Capquest/HL Legal threatening court action on a Capital One account.

 

Could someone advise if a 28 day DN from Cap One (no date specified) followed by termination would be considered enough ammunition to claim unlawful rescission? I suppose we're back to the same old argument regarding a specified date, opinions differ. Would appreciate comments in any event.

 

Many thanks,

R

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I am just about to try and see off Capquest/HL Legal threatening court action on a Capital One account.

 

Could someone advise if a 28 day DN from Cap One (no date specified) followed by termination would be considered enough ammunition to claim unlawful rescission? I suppose we're back to the same old argument regarding a specified date, opinions differ. Would appreciate comments in any event.

 

Many thanks,

R

 

Spot on:)

 

Personally, while it's technically against the absolute letter of the regs (yes, I do know they specify 'date' more than once before I get half a dozen irate responses;)), I would think you'd have a hard time getting a judge to accept that it's no good.

 

Trouble is, whatever way you look at it the judge is going to see that they have given plenty more than 14 days. You may get one who sticks to the letter of the law, but my guess would be that they'd think all was fair and it was a minor problem.

 

I'd love it if it was cut and dried as a chuck-out type of thing as I have my own Cap1 28 day default, but I don't think I'd rely on it if that's the only problem.

Time flies like an arrow...

Fruit flies like a banana.

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I have written to NatWest demanding they send me a copy of my valid default notice (i never had one) & the CCA agreement or they must remove the default.

 

They still havent sent me a CCA and they are under the impression they do not have to proove the default. They said it was a computer generated letter that went out in 07 and they cannot get a copy. I will bump my relevenat thread on this later and list the contents of the letter...

 

Surely this is wrong?

 

no its not wrong

 

the court will accept evidenceof the DN having been issued by way of a copy of their computer records and a statement that states it was posted to you and not returned

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Spot on:)

 

Personally, while it's technically against the absolute letter of the regs (yes, I do know they specify 'date' more than once before I get half a dozen irate responses;)), I would think you'd have a hard time getting a judge to accept that it's no good.

 

Trouble is, whatever way you look at it the judge is going to see that they have given plenty more than 14 days. You may get one who sticks to the letter of the law, but my guess would be that they'd think all was fair and it was a minor problem.

 

I'd love it if it was cut and dried as a chuck-out type of thing as I have my own Cap1 28 day default, but I don't think I'd rely on it if that's the only problem.

 

I agree, but don't you think it's somewhat ironic that when it comes to judges, they are happy enough to quote I couldn't send that sex case down for any longer as my hands are tied guv. But when it comes to regulations about what CC and banks can do they seem to change the regs to suit them?

 

As I've always thought most but not all judges are in the financial institutions pockets.

 

If the REGS state it has to quote a date not days then it should be cut and dried. End of story.

 

I know it's totally different before anyone has a pop at me.

 

Scrapper Coco :cool:

"I just want to make people silky-smooth!"

 

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Scrapper vs Barclaycard Partial Settlement Success. Saved £6,000 :lol:

 

Scrapper vs Tesco's FOS upheld complaint. Possible court action to get default removed

 

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Scrapper vs Intelligent Finance. Success

 

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Advice & opinions given by Scrapper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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Yes, I agree with this. Let them terminate the account or demand the full balance, then send them a letter accepting their unlawful rescission (for the defective DN; but you don't need to TELL them that, just let them work it out for themselves!).

 

Should I put in my reclaims yet or wait for the termination?,

 

I guess worst case they eat up the charges with my reclaims, the balance would be under a grand and by satisfying the dn i'll just be letting them add on yet more interest and charges at 30% apr to the tune of £90 a month. The default doesnt matter in the slightest as I had 1 added last week and he could do with a mate.

 

By putting my claim in now would I be alerting them in any way to the fact that things are wrong.

 

Something funny ive noticed is that I removed my number from the database a few months back, logged in to my online account last week and it wouldnt let me do a thing without updating my mobile number, also there were links everywhere telling me how to pay my bill :-D think they might be a bit worried :eek:.

 

Sorry to waffle and thanks for your opinion. :)

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If you claim back the u/l charges then the D/N notice would IMO be invalid as the o/s amount and the sum of the breech were incorrectly arrived at.

 

''there are about £700 unlawful charges''

 

if this figure is correct then by the time you've worked out the compound/contractual and stat.interest on top they might well owe you money!

 

Well it was about 690 exc interest and the default amount is about £160.

 

I dont think we will be far off even though tbh. :)

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Should I put in my reclaims yet or wait for the termination?,

 

I guess worst case they eat up the charges with my reclaims, the balance would be under a grand and by satisfying the dn i'll just be letting them add on yet more interest and charges at 30% apr to the tune of £90 a month. The default doesnt matter in the slightest as I had 1 added last week and he could do with a mate.

 

By putting my claim in now would I be alerting them in any way to the fact that things are wrong.

 

Something funny ive noticed is that I removed my number from the database a few months back, logged in to my online account last week and it wouldnt let me do a thing without updating my mobile number, also there were links everywhere telling me how to pay my bill :-D think they might be a bit worried :eek:.

 

Sorry to waffle and thanks for your opinion. :)

 

You need to be sure they have either terminated the account or demanded the full balance. To be honest I probably wouldn't make the claim for damages against them because to do that you will be the claimant and that makes the situation much more difficult. I would probably just ask what the arrears were and (as they probably won't tell you, or admit UR) then just wait to see if they start proceedings. Defending is much easier than making the claim and then you can make a counterclaim for the damages; you must be able to show that they have terminated the agreement unlawfully though!

Here are links to my other threads... Please take a look and offer any help you can. Thanks...

 

1. Legal Action - Cabot Financial (Goldfish Account) ***WON***

http://www.consumeractiongroup.co.uk/forum/showthread.php?252630-Urgent-Help-Required-With-Disclosure-***WON***&highlight=

 

2. Legal Action - Set aside application - Marlins/Phoenix

http://www.consumeractiongroup.co.uk/forum/showthread.php?265002-Set-aside-of-judgement-(acceptance)-help-needed&highlight=

 

3. Legal Action - Set Aside Default Judgement -Santander (B & Q Store Card)

http://www.consumeractiongroup.co.uk/forum/showthread.php?261340-Urgent-Help-required-drafting-defence-for-set-aside-application&highlight

 

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You need to be sure they have either terminated the account or demanded the full balance. To be honest I probably wouldn't make the claim for damages against them because to do that you will be the claimant and that makes the situation much more difficult. I would probably just ask what the arrears were and (as they probably won't tell you, or admit UR) then just wait to see if they start proceedings. Defending is much easier than making the claim and then you can make a counterclaim for the damages; you must be able to show that they have terminated the agreement unlawfully though!

 

 

Gotya, will sit tight for a few weeks and see what happens ie a termination. :)

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I agree, but don't you think it's somewhat ironic that when it comes to judges, they are happy enough to quote I couldn't send that sex case down for any longer as my hands are tied guv. But when it comes to regulations about what CC and banks can do they seem to change the regs to suit them?

 

As I've always thought most but not all judges are in the financial institutions pockets.

 

If the REGS state it has to quote a date not days then it should be cut and dried. End of story.

 

I know it's totally different before anyone has a pop at me.

 

Scrapper Coco :cool:

 

 

i understand your point but would argue that few,(if any) judges are "in the financial instittions pockets

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Good Morning everyone,

 

having been issued with 4 DN's from the same account Santandur have finally decided to terminate the other account I have with them.

 

Letters sent by TNT S (nail) mail so at the best classed as 2nd class in reality it's much longer so minimum 4 days delivery from day after on letter. Default is dated 29th May 2010 unfortunately the next working day is 1st June as 29th is Saturday, 30st is Sunday and 31st is Spring Bank Holiday, so service will be deemed to be 4th June. The termination Notice is dated 14th June, so we are 4 days short shame that.

 

The default notice clearly states 14 days from service which is wrong anyway, numpties. If they had sent it 1st class it would still be 2 days short.

 

 

The DN:

dnmod.jpg

 

The TN:

terminationmod.jpg

 

Shame really as I was paying token payments, the arrears are over £1k but the account has charges £300+ and PPI £300+. So UR letter off very soon and no more token payments.

 

Unlawfully rescinded with 10 days to rectify.

 

Pumpytums

Edited by pumpytums
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