Jump to content


  • Tweets

  • Posts

    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

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

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

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

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

      Frankly I don't think that is any accident.

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

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

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

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

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

emma v barclays


emmabk
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6430 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

25.08.06

Sirs

Barclays Bank

Head Office Customer Relations

Level 10

1 Churchill Place

London

E14 5HP

Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

Dear Sirs,

 

Ref: 1001G1WQ / 10016DWh / 100176YG / 6211466/KP/10

Dear Sirs.

I will NOT sign away my Human Rights. I am to seek legal redress though the Court system in exchange for rectifying a wrong situation I feel your company caused in the first place. The PPI issue and the unlawful charges levied on your account are two separate issues and I want them treated as such, and not one used as leverage against the other.

 

I am claiming £1272.57 plus £79.00 amount in unlawful bank charges, and have requested full refund on 09.08.06 I am now giving you a further 14 days to comply in full or you will start County Court action without further notice and will then claim both your costs and the statutory APR at 8%

As regards PPI, I request it cancelled as of NOW. This is because:

 

When I took out the loan, I was told that I would not have been given the loan if I did not take PPI. I have since been told that this is not true, and that you are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in your quoted loan interest rate, which you did not do. I therefore consider that I have been mis-sold this expensive insurance, which I do not need and which I said that I did not want.

 

AND

When I took out the loan, I said I did not need the PPI as my employer provides generous illness and redundancy benefits, but I was told I should still take it out. As this is not correct, I consider that I have been mis-sold this expensive insurance, which I do not need and which I said that I did not want.

 

AND

 

I wish to cancel the PPI because I now (delete, you've said you already had it) have sufficient alternative insurance cover from my employer and other sources.

 

AND

 

For one of your “Trained Advisers “ to state “I’m not being funny £5000.00 is a bit different to £1000.00 only leaves me knowing I was bullied into the PPI.

 

AND

 

I have been advised that I should be able to cancel the PPI contract at any time and receive a partial refund of the premium that I have paid. I would like to do this. And in view of the way I was mis-sold the insurance, I would like to ask for a full refund of the whole premium.

 

I will separate these issues. In 14 days, if you haven't refunded my charges, I have no alternative other than to pursue this matter through the courts. If need be, the PPI issue can be dealt with on a different timetable.

 

Yours sincerely

 

 

 

Hi bookworm were to go next?

Link to post
Share on other sites

  • Replies 51
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

See the corrections above.

 

Apart from that, where do you go? Well, nowhere for 14 days, but you might as well start calculating your 8% APR and play around with the MCOL site so you can get used to it by the time it comes to filing.

 

PS: If you have written a proper message, you don't need to do a second one saying bump! :-)

Link to post
Share on other sites

Bookworm :)

thank you once again, however, they have actually rcd that letter on 30.08.06 so is the 14 day deadline is now gone? am i right, as regards the payment protection refund they have as yet not refunded it, was i supposed to have signed the acceptance form? i didn't as they are asking me to give up on all charge refund allthough they did not put it in writing?

should i sign it quickly and send it off???

sorry for taking up so much of your time. "Bump" i just like it!!!!!!!

Link to post
Share on other sites

You can't sign the acceptance form, as it wd mean accepting to drop your claim for bank charges.

 

Oh! I didn't look at the dates of your letter, sorry :rolleyes: Yes, time to sue, woo-hoo!

 

All the guidance how to do it are in the Library, so go for it. Don't worry if it takes you a couple of days, better make sure you get it right.

 

When you're on MCOL, don't worry if you make a mistake, as you can go back right until you pay, so don't be afraid of familiarising yourself with the site.

Link to post
Share on other sites

Come on Guy's PLEASE stick to your own threads.

Thank You

 

Like I said, going to do it now! :|

Barclays Bank - SETTLED - £4225.00

First National - SETTLED - £125.00

Lloyds TSB - SETTLED - £994.87

Capital 1 - SETTLED - £827.95

Online Finance - SETTLED - £349.60

Argos - SETTLED - £121.00

Link to post
Share on other sites

I would say no, as I've said before. I think the PPI issue is more complicated, and especially as you're still a bit tentative, I think they could use that to try and fluster you.

 

Also, since you have made a very specific demand for them to stop charging you the PPI, you ideally want them to stop charging it, then go after them, rather than having those amounts increasing every month.

 

Get the bank charges claim on the way, concentrate on that.

Link to post
Share on other sites

i give up! ................. I have requested they refund the PPI via the Ombudsman and via Barclays themselves they have agreed to this and are awaiting the acceptance form in order to pay it back providing I accept a new loan under the terms of a new 5 yr period, which i obviously don't want to do. This was also the same time the discussion occured with the Ombudsman about how kind Barclays were being to me!! lol! and suggesting I give up my complaint regarding Bank Charges. I understand to keep plugging away at refunding my charges which is now a further £12 in added monthly interest for o/d.

But i don't understand how to get them to refund the PPI without me taking a new loan out.

And as you put it Bookworm a little tentative is an understatement!!!!

Bless you for your patience with me!

Regards Emma

Link to post
Share on other sites

Ok. Let's put it this way in a way they'll understand, if they want to be that obtuse, we'll put it in very simple words.

 

Dear Bank,

 

Please note that court action is being started at the date of xx for the reclaiming of the unlawful bank charges levied on my account.

 

Please also note that if you do not comply with my request to have my PPI cancelled and refunded, these charges will be the subject of separate legal proceedings in their own time.

 

I will NOT consider a new loan, there is no reason whatsoever for it, I am quite happy with the arrangement I have going now, apart from your insistence on charging a product I neither required, needed and which I have now repeatedly asked you to cancel.

 

Yours, Emma.

 

Copy that to the Ombudsman with a note to say that since they seem incapable of upholding your basic rights as a human being and a customer, you feel that you'll be better off handling this on your own with the help of the Consumer Action Group, as at least, THEY seem to have a basic understanding f English contract law. :-D (If you get a feeling I am not a fan of the FOS,you're right! lol)

Link to post
Share on other sites

hello all

i have started to complete money claim on line except eveytime i go to pay it is telling my payments are not authorised!!!! i do have the pennies there honest!!!

however am i to include my o/draft also?

this is getting me down now!

just after a bit of sympathy :)

any suggestions?

Link to post
Share on other sites

Emma,

 

Why don't you give the money claim helpline a call, I hear they are very helpful.

 

Sam

I'm a Foolish person

 

IGroup ERC £1928.64 Ist letter sent 12/9

LBA sent 26/9

Moneyclaim input 13/10

Claim acknowledged 6/11

Received fob off letter 11/11

AQs sent back, IGroup request multitrack and hearing

Link to post
Share on other sites

FAO Bookworm:)

just doing the money claim online thingy can you tell me ...........am i to file the PPI seperatley in court? i think you said yes? and i am a bit confused about the date i use for the particulars of claim text? is that the date of my calculation or the date i opened my bank account?

Kind regards Emma "bump"

Link to post
Share on other sites

Emma, for the 3rd or 4th time, forget the PPI for now! :rolleyes:

 

Sorry, but I need to ask this, you do know how to scroll back on you thread here to read back on the answers? YOu have 3 pages of thread here, and if you're not sure, you can just read back from the start and fnd the answers to questions already asked, for example.

 

And what date are you talking about? Have you looked in the Library? There is a guide to completing MCOL, written by Bankfodder, that should help you there.

Link to post
Share on other sites

hi guys

have just had a phone call from the banking ombudsman am i happy to close my file! what has happend to communication?????? record delivered letters!

what she has now suggested is that my complaint is mearly about bank charges refund which is not actually the case. I have suggested to her that she reads the files and my letters ( i thought thats what they did!) i suggested i was going to court with the help of yourselves just waiting for payday and basically she has said I can't do both!!! what am i to do? toooo many fingers in my little pie!

Link to post
Share on other sites

Why can't you do both? One one hand, you have the unlawful bank charges, which are subject to a county court claim, on the other hand, you have the issue of the mis-sold PPI, which I would have thought came squarely under the Ombudsman remit :-? Or the small matter of trying to coerce you into a different loan arrangement? Honestly, what are these people ON???? :mad:

Link to post
Share on other sites

  • 2 weeks later...

letter from banking ombudsman 05.10.06

 

Dear miss Battersby-King

My understanding from the complaint is that you are unhappy that a payment protection insurance policy has been added to your loan held with the firm.

Further to our telephone conversation i am writing to confirm that the firm is prepared to provide a full refund of the PPI and restructure the remaining balance onto a new Barclayloan at the existing interest rate over the existing term.

This offer is made in full and final settlement of my complaint.

During our discussions you have indicated that you no longer require the reduced month repayment programme of £50.00 per mont ( only because i was told my repayments after the 12months would be bigger than before.)

Finally i note that you are pursuing the issue of charges applied to your current account through the Small Claims Court and i will therfore take no further action in this regard.

I understand you are prepared to accept the firms offer in full and final settlement of the complaint made about the loan account.

i note however that you reserve the right to continue pursuing the issues of charges applied to your current account.

The firm then have to settle this matter diectly with me (no thanks)

However if i have misunderstood the situation or have other points to raise which you beleive to make a significant difference to the outcome i would be gtratefull if you would respond as soon as possible and no later than 19th oct 06.

are they thick?

Link to post
Share on other sites

point 1. If they refund my charges this will have significant difference to my life and loan.

point 2. haven't i allready raised all this in several of my letter to the ombudsman?

point 3. if i want them to stop charging me interest and account fees on what is now 977. o/d account i have to raise this again with Barclays under a seperate complaint and then forward each of these issues to the ombudsman seperatley.

are they just trying to crease me or what???????

Link to post
Share on other sites

Emma, hang on, I think you misunderstand the letter. This is good stuff!

 

1 - B's will refund PPI and recalculate loan payments, same rate, same numbers of repayments.

 

2 - The £50 per month, I don't know about that, only you knw whether it's viable or not.

 

3 - They won't get involved with the penalty charges issues. Well, yes, we know that, they can't.

 

4 - "The firm then have to settle this matter diectly with me (no thanks)". What do you mean no thanks? Of course, they will! You are taking them to court over your bank charges, who do you think will pay? :-?

 

Am I missing something here? I told you that you needed to dissociate the PPI and the penalty charges issues, which you did. Now the PPI will disappear, and the Ombudsman can not get invoved into a lawsuit issue.

 

I have read and reread your post and I really don't understand why you're getting annoyed, unless there's something I'm missing here....

Link to post
Share on other sites

i think really i am just a bit thick :)

my collegue in work has also just pointed out that these are good things!!!!

the firm have to settle the PPI with me direct and I think i am a tad still annoyed as they cancelled my mortgage, gas, elec t.v council tax, and all of my other basic living requirements when i still hadn't actually done anything wrong, which no one is willing to acknowledge, also i didn't know that the ombudsman cannot get involved in legal litigation till now!

last thing i need right now is you to fall out with me aswell!!!!

will be completing moneyclaim on line asap.

thank you for your time again and sorry for causing you frustration.

Link to post
Share on other sites

Not at all, hun, it's just I thought I was missing something, you were seeing something I wasn't! :-)

 

And by the way:

 

Post 9 of your thread:

 

Quote by Bookworm: The Ombusdman will not -can not- decide on the lawfulness of the charges, they can only investigate very limited aspects of the procedure. Say that the bank's T&cs said they would only charge you £10 and they then charge you £20, that's something they could deal with. But the bigger picture of the lawfulness of charges does not come within their remit. The banks know this, that's why they try to fob off people on to the Ombudsman when they reclaim their charges.
Link to post
Share on other sites

not sure i even want to ask this but........................... when i sent my schedule of charges to the bank i hadn't included my o/draft of £977.00 Barclays have been adding 12.63 interest every month since july as i was forced by them to bank elsewhere although they didn't close my account i want to include these charges, do i need to send another schedule of charges with the new amounts on and notifying them i am now going to court ......if i can ever get this moneyclaim on line done!!!!

Sorry in advance if this is allready on this site somewhere but as you have probablly gathered by now i am only just learning what scrolling is!!! My God Pray for me! xxx bump xx

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...