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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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O2 - can I CCA??


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Hi everyone

 

A few years back (4 I think) I had an O2 contract for my mobile phone.

 

The account was a paperless billing type account, that meant I could access my bill on line and pay for it on line.

 

However, the information for my bill online, was a nightmare. I could barely ever access the information, and bills were not updated.

 

I got a bill for around £50 of voicecalling minutes in a really small window of 4 or 5 days when these calls were supposedly made.

 

I tried for months to get a breakdown of the bills, but the only way of dealing with O2 was via email (old work email account), which I did to no avail. I ended up in dialog with many different people as it was a global address and no one could help me. All i wanted was a breakdown of the bill.

 

I guess because the bill was jackanory, they could not assist. However, the account went into default (for £111) as I refused to pay without a bill (online or however).

 

I still have the default on my account, and to be quite honest, i'm naffed off with it just sitting there when I was completely in the right. They were complete crooks.

 

I've no idea whether i can CCA O2 or not? anyone else had anything similar, and can you help in how i can get this sorted?

 

Thanks

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The onus is on them to prove a debt exists, send them this;

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

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Thank you.

 

I don't have anyone chasing for this debt. A couple of years ago, I had a DCA contact me and sent a threatening letter.

 

I wrote back to them and told them of my issues, that I would be happy to pay if O2 could provide me with the information I required.

 

The DCA told me they would pass the account back to O2 and it was closed from their end.

 

O2 have not chased me, it's just a nasty red mark on my credit file that I want rid of.

 

Taking into account the above, is it ok to send this letter? I have no idea about a/c numbers and so forth, as it was an on line account, a few years ago...

 

Thanks again for your help!

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  • 3 months later...

Hi all

 

Has anyone ever asked O2, or a mobile phone company to remove the default from their credit files and had any success?

 

If so, could you let me know how you asked for this? any letter - or any brilliant paragraph to put in the letter would be appreciated!!

 

Thanks!

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Hi, twinkle.

 

Do you want this thread moved to the Telecoms Forum ?

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Thread moved :)

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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In short - whether you would be ultimately successful in getting the default moved from your credit file depends on whether the information is accurate. If it is, you cannot demand it - it is just one of the pitfalls of owning a contract mobile when you don;t pay the bills.

 

If you accept you owed them, and the bills were correct, then you'll be stuck. If however there were service issues, of incorrect billing and the rest and can prove this, this can be a good basis for negotiating its removal.

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  • 2 weeks later...

Hi

 

I've written to O2 today - it takes me forever to get around to it!

 

I've basically explained the issues I had surrounding accessing the information on my mobile - the problems I had viewing my on line bill and how I tried to rectify the situation and contacted them on many occasions and requested on numerous occasions a breakdown of the bill as it was completely uncharacteristic of my mobile usage to make £50 of voice calls in a 10 day window (which is what it amounted to).

 

I've said that paying the £111 was never the issue, the issue was that our contract stated that the bill would be available to me on line, and I would make payment against my usage. The bill was not available to me, just a random figure that made no sense.

 

I've tried the appealing to their better nature, saying that the default on my file for £111 will affect my credit rating and ability to get credit in the future and that if they can send to me details of my account and a breakdown of the bill, then I would be happy to make a payment if I owed it. I'll see what they say. If i don't get a satisfactory response, i'll send the letter to the big bosses (if I can find their details) and keep going. Hopefully they'll crumble, but I don't hold out much hope.

 

They have been completely useless since day 1 where i've been so completely open and willing to pay if it is owed...

 

we'll see....

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Guest miaomiao

Dont pay them unless they promise to remove the default. Once they got your payment, they wont be borther to remove it at all.

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  • 4 weeks later...

Hi Everyone

 

Got a response to my O2 letter....

 

Thank you for your recent letter about the default O2 has registered on your credit file. I'm very sorry that you hadn't received the itemised description of your usage for your final O2 bills, I understand the frustration this has caused.

When investigating this matter further, it seems that the balance on your credit file is correct. Your June and July 2004 bills are still unpaid and this has led to debt recovery action. Regretably, due to the time it has taken you to contact us to request a copy of the bills in question, we no longer have them. O2 aren't regulated by the Financial Services Authority and so aren't required to keep the copies any longer than necessary. As it's been over five years since the bills were produced, they're no longer available.

 

You've suggested in your letter that you withheld payment until you could see an itemised copy of the usage information, however, there is no record of you requesting this prior to the closure of your account or following. In light of this, i'm unable to accept that O2 are at fault for failing to arrange this and so the balance on your account should be paid as requested by Westcot Credit Services Limited. Your credit file will remain unchanged.

So.... what to do now? I did contact O2, so many times requesting this information (break down of the bill) but it was from an old work email (the only one I had at the time). I had many replies from O2, but pretty standard "yes, you owe this money".... it was infuriating then, and it's infuriating now.

 

What do you recommend. I think another letter is in order.

 

And how about this for funny - I wrote them a letter from my current address, and they responded to my parents address. Classic! can't even read the address at the top of the page....

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My recommendation would be to leave it alone. The adverse info will be wiped within 12 months anyway, so any further action would be flogging a dead horse.

 

It is VITALLY important that communications that need to be used for evidential purposes are sent in letter form, NOT emails. As you have no way of proving or even supplying a coipy of the emails sent - you each have an own-goal (you cannot prove, and they cannot supply old bills).

 

As for the address mix-up, well - they would be more likely to write to the last known address of the account holder - I'm assuming that was your patents address, unless you had subsequently updated it PRIOR to you latest letter (which, they could argue was to prevent DPA errors).

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