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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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Stubie Vs Cap One


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Hi All,

 

Opened account in 1998 ish.

 

Sent CCA request on 28th Feb 09 and received a copy of current T&Cs and a current agreement - blank but my name, address and card number printed on the back. The "agreement" refers to £12 charges (2006) and chip and pin (2006-7) as well as numerous other anomalies.

 

Sent a letter stating that this is not a "true copy" and the nice Ms Renshaw sent me a letter advising that it was a true copy, was enforcible (and pay up:p). She also told me I could go to the FOS if i was unhappy.

 

Sent a default notice, highlighting the anomalies, to which Ms Renshaw (she must be crippled with RSI ,all the letters she types:cool:) restated the position from the previous letter. Confirmed that the agreement sent was a true copy, enforcible etc etc. Also, the agreement had been updated with changes as appropriate. If I was unhappy, go to the FOS. No further communication would be entered into etc.

 

Replied that the agreement was either a true copy or updated, it couldn't be both. They admit to updating therefore it can't be a true copy - awaiting reply.

 

Anyone know why they are so keen to push you at the FOS - is it because they feel that the FOS are not strong enough to sort anything out (or too busy)?

 

I've withheld payment so lots of calls from the goons in the Phillipines. One told me, when I started talking about CCA 74 compliance, "Act, what Act, I'm not interested in an Act. You are in arrears, I must take a payment today........etc"

 

He didn't get one.

 

Anyone else been here? What is the established wisdom, going forward?

 

Any help appreciated

 

Stubie

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Hi Stubie:)

 

This is the standard response to a CCA request, and unfortunatley you won't get further with it.

 

Next step would in my opinion be to SAR them (template letter is in the letters section). They have to send the actual agreement for this, although they may still be a bit naughty (mine has turned up with my sig on one side with no prescribed terms, and a very obviously not related set of terms copied onto the back:rolleyes:). It will also give you information about other things which may be of some use to you.

 

It's £10 (postal order unless you can get someone to sign a cheque for you), and the cost of Recorded or Special delivery (don't be tempted to go for un-registered - they will deny receiving it).

 

The statement about compliance and enforceability is also very normal, but very flawed. They can fully comply but not have anything enforceable, or vice versa. Or they can fully comply and send an enforceable agreement! What you have at the moment is unenforceable and non-compliant, so the lovely Miss Renshaw is once again telling big fat porkies.

 

With regards to the FOS - I think you're about right. They seem to be less than helpful with this sort of thing, although occasionally they surprise everyone.

 

Also, you need to get a 'writing only' letter out to them (template in the library as well). In addition, every time they call just repeat parrot fashion 'I do not talk about financial matters over the phone. Please write.' If they don't let it go then, just tell them very politely you are going to hang up as you will not discuss it. There really isn't any point in getting into it with them regarding the CCA - they either won't know enough/anything about it, or they simply thing you're a debt avoider and will start moralising. It gets you nowhere. Of if you just want to wind them up go ahead - it's always fun to bait DCA's:) Oh, and buy a recorder if you can!

 

Sounds like you're handling them well at the moment, so maybe try those suggestions and see where it gets you:)

 

Lexis:)

Time flies like an arrow...

Fruit flies like a banana.

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Hi Lexis2000,

 

Thanks for dropping by:)

 

I re-read my original post and noticed I hadn't put in about the SAR. I have sent one but I'm not sure if I registered it. I will check but I wonder if the PO being cashed would qualify as evidence of receipt? Again, I haven't checked the PO so will do some homework tonight and see what I actually did.

 

I will wait to see if the SAR turns up before troubling the FOS, had mixed experience of them - not related to the CCA.

 

I'm also curious as to whether I will get a reply from Ms Renshaw (does anyone know if she really exists?). The letter stated that an acknowledgement only would be sent but I wonder if they will leave it when my letter rubbishes the entire contents of her last missive - time will tell.

 

I've read a number of success stories but they don't seem to quantify what was won - I haven't read all of them, by any means.

 

My preferred outcome would be to have the agreement declared, or acknowledged, unenforcible and get a refund of the balance of payments to expenses. I've spent the money and will pay it back but would like a refund of the balance. This will amount to a couple of grand as I have rarely used the card in recent years but let the interest roll - stupid really but there you are. I've just lost my job so the money will be really useful.

 

Is this likely, in your opinion?

 

Thanks again

 

Stubie

 

P.S. How do you do one of those pictures next to your name, I've got to get one of those:D

 

S

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Hi again:)

 

Ok, so if you've SAR'd, going only by my experience you can expect them to go beyond their 40 days and only send anything when you threaten them with the ICO.

 

Ellie is real - she's on facebook! - but she's off on maternity leave at the moment (poor kid) so don't believe anything 'signed' by her is actually from her. TBH I'd be amazed if you get anything other than their standard template letters anyway:rolleyes:

 

I'm afraid I have no idea about the likelihood of what you want to happen actually happening. The only way to have it declared unenforceable would be to go to court, but it seems that Cap1 are reluctant to do this (wonder why...). With regards to getting the balance back, again it's a court matter and probably luck of the draw on getting a sympathetic judge. Despite the fact it would seem logical (and indeed their being case law to back it up) that if there is no agreement then the money was lent with no way of adding interest, some judges will declare it unjust enrichment if you try it. I have no first hand knowledge of any of this though so you'd probably be better served by someone else answering that one!

 

Lexis:)

 

ps - I think the pics are done in the user cp area, but I don't know how to:)

Time flies like an arrow...

Fruit flies like a banana.

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Hi, Stubie.

 

This 'link' shows you how to get an Avatar..............

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Regards.

 

Scott.

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

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Hi again:)

 

Ok, so if you've SAR'd, going only by my experience you can expect them to go beyond their 40 days and only send anything when you threaten them with the ICO.

 

Ellie is real - she's on facebook! - but she's off on maternity leave at the moment (poor kid) so don't believe anything 'signed' by her is actually from her. TBH I'd be amazed if you get anything other than their standard template letters anyway:rolleyes:

 

I'm afraid I have no idea about the likelihood of what you want to happen actually happening. The only way to have it declared unenforceable would be to go to court, but it seems that Cap1 are reluctant to do this (wonder why...). With regards to getting the balance back, again it's a court matter and probably luck of the draw on getting a sympathetic judge. Despite the fact it would seem logical (and indeed their being case law to back it up) that if there is no agreement then the money was lent with no way of adding interest, some judges will declare it unjust enrichment if you try it. I have no first hand knowledge of any of this though so you'd probably be better served by someone else answering that one!

 

Lexis:)

 

ps - I think the pics are done in the user cp area, but I don't know how to:)

 

Thanks for that, sussed the pic but need to sort out the one I really want, this little chap will do for now.

 

At the moment I'm happy to sit it out and wait for cap 1 to make the next move. For some reason they have stopped bugging me on the phone so all is peaceful in the house right now.

 

Perhaps they are plotting something, or am I giving them too much credit:D

 

Stubie

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Don't change your pic!! weimars are gorgeous!!:)

 

re cap1 - they've probably mislaid the instruction book on how to use a telephone.

Time flies like an arrow...

Fruit flies like a banana.

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OK, Weimeraner will stay (but only if he behaves;))

 

You think that the Cap 1 bozos can read!!!!:D

 

I'm happy that they have gone quiet for now, I want to take MBNA to task first. Looking forward to a healthy payout from them. Cap 1 are next but might get promoted if they play up.

 

Set puppy on them

 

You got a vimy or just like them?

 

Stubie

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Good, it's a lovely picture:D No, I've not got one, but I've wanted one since I was about 7 as they're such stunning and good natured animals. Trouble is I'm very lazy at heart so I'm in need of lazy dogs, and unfortunately Weimeraners just aren't! - lurchers/greyhounds are ideal for me; a 2 minute burst of beautiful figure of eights and they're happy for the day:D

 

I hope you get a result with MBNA, they're many people's pet hate with their highly dubious work 'ethics' Not that cap1 are any better...:rolleyes:

 

Enjoy the silence with cap1 - we have it with BOS at the moment. It's lovely but slightly odd, and you do wonder what they're up to:D

Time flies like an arrow...

Fruit flies like a banana.

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Good, it's a lovely picture:D No, I've not got one, but I've wanted one since I was about 7 as they're such stunning and good natured animals. Trouble is I'm very lazy at heart so I'm in need of lazy dogs, and unfortunately Weimeraners just aren't! - lurchers/greyhounds are ideal for me; a 2 minute burst of beautiful figure of eights and they're happy for the day:D

 

I hope you get a result with MBNA, they're many people's pet hate with their highly dubious work 'ethics' Not that cap1 are any better...:rolleyes:

 

Enjoy the silence with cap1 - we have it with BOS at the moment. It's lovely but slightly odd, and you do wonder what they're up to:D

 

Hmmm, you're right, they do have tons of energy, I've had two.

 

A very generous Cagger has offered me his POC to plagerise and since he won, I'm fairly hopeful too.

 

I think I will wait to see where MBNA go next before I go into bat with Cap 1.

 

Cap 1 did phone last night but the OH got to the phone first and they soon dis-appeared. Answering the phone is the sport of choise in our home at the mo and we are all disappointed when its a kosher caller.

 

I still get the occasional missive from Ms Renshaw but she seems to be getting bored (or running out of places to hide).

 

I took the trouble to do a lot of research before I engaged the CCCs as I do like to be in a position of knowledge before I take something on. It seems a bit of a waste of time to some extent as the people I am dealing with don't seem to have a clue.

 

Perhaps they have gone off to bully someone less well informed.

 

One day all consumers will find CAG and the end will be well and truly nigh for the CCCs and their minions.

 

Stubie:wink:

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Well, I got my SAR back today - 10 days early, well done Cap 1.

 

The only agreement that it contained was the one they sent mea couple of weeks ago in response to my CCA 74.

 

The only doc with my sig on it was a direct debit mandate from 2001.

 

Haven't been through all the other stuff in detail yet but there is nothing of an agreement or signed nature anywhere else in the bundle.

 

Question:

 

Do I accpt that the document is a true copy of my CCA (s172, I think) and go to court to get them to produce this document with my signature on it. I know they can't so they would be buggered on that one if I did.

 

Go the CPR 31.16 route so "en-vogue" at the moment. And try again.

 

Write to them stating that my efforts (s78(1)) and SAR have failed to yield a signed agreement. I contend that you posess no such doc. If you want any more money then sue me or go away.

 

Thoughts?

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  • 1 month later...

Hi Stubie

 

I'm doing something similar with Tesco PF and soon with egg.

 

With Tesco I've sent 2 cca requests and two CPR requests all I've had back is an application form after second CCA request. other than that nothing. Its now two months since i piad them.

 

I'd like to think their is an alan suggar somewhere saying to all the people who wrote these agreements up "your fired"

 

Like you I'm wondering what is best next step take them to court and get a ruling or wait 6 year s til statute barred.

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