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    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • 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.  
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Sky [barclaycard] - Default Notice/Termination of account


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Hi alll

 

I would really like some advice on the default notice and termination of account letters I have received from skycard.

 

I sent a CCA request in August and have received an application form that is invalid in line with the consumer credit act 1974.

 

I am aware that they are not able to apply a default on my credit file as the account is in dispute.

 

However i have read many threads on default notices and termination of account, but have been unable to get my head around it.

 

Please can someone have a look at the following letters and advice. As i am not clear on the rules. I have deleted all personal data, but to make you aware the arrears on the letter dated the 3rd June are higher than the letter dated 4th May, if this matters.

 

Also I am not sure if a default has been placed on my file as yet, but they say on the 3rd June my account is now closed.

 

Gosh i am so lost with this!!!

 

Many Thanks for all your support.

 

 

img018.jpg

 

 

 

Skycard5.jpg

 

 

 

img020.jpg

Edited by johno23
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By my mental arithmetic they have miscounted the days on the default notice, they've given you 13 days instead of 14... probably forgot that they claim postage on the 4th when it was a bank hol so postage is deemed the 5th with two working days allowed for service....

 

So:

 

4th B/Hol Default Notice letter "created"

5th Actual put into postal system

7th Deemed served on this day

8th First Calendar day of 14

21st Last Calendar day of 14

22nd Rectify date by my counting.

 

also prescribed format of the terms seem incorrect, should have bold and underlining or some other way of standing out... italics doesnt seem to do the job in my opinion.

 

S.

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does it depend on the date they put the default on.

 

How long do they have to place a default on my credit file or can they put it on whenever they like after the 21 days, as I do not think they have palced a default on my file as yet.

 

Also i take it they can not now write to me with another default notice can they even if they have not placed a default on my file.

 

thanks

 

Johno

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this has nothing to do with placing a default on your credit file....

the default notice is a legal requirement to be correct and the termination notice means there is no agreement to issue another possibly correct default notice on.

 

 

They have terminated on the back of in my opinion a faulty DN and as such are only allowed to reclaim the amount of arrears mentioned on the default notice.

 

S.

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Not sure that the account being in dispute prevents the default, this would only be if you had a very good case on the construction of the CCA being wrong

 

When was the agreement taken out? could you scan a copy of the agreement sent to you and post it up here so we can comment?

 

The days for action are very tenuous, not sure how a court would see that and I wouldnt like to bet much on it, you would need a very clued up judge to get them on that one

 

The italics MAY just pass the test, as they do make those portions of the text stand out more than the others, again, I would be wary of betting on that

 

Does the arrears amount claimed match that of the statements at the time?

 

You state the amount of arrears increases in the second letter, is this just due to interest in the time passed?

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi

 

The CCA is clearly an application forms and provides none of the precribed terms.

 

The arrears increased due to interest and default charges. Sorry the account is in dispute due to an invalid CCA.

 

Will have to check the statement totals.

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this has nothing to do with placing a default on your credit file.... the default notice is a legal requirement to be correct and the termination notice means there is no agreement to issue another possibly correct default notice on. They have terminated on the back of in my opinion a faulty DN and as such are only allowed to reclaim the amount of arrears mentioned on the default notice.

 

S.

 

so if the account is in dispute and they have now forwarded to me an invalid default notice and only the arrears need to be paid if any.

 

what are my options next.

 

Any idea of a letter!

 

Johno

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i have the recent envelope to the letter dated 3rd of June, It only arrived today.

 

It says TNT post with a big black S in a square box in the top right hand corner of the envelope.

 

So does that mean it is second class.

 

Any ideas of a letter as i am willing to offer the arrears as final settlement as lond as the default is removed and the account placed as settled with the credit reference agencies.

 

Also the CCA does not have any of the precribed terms and is clearly an application form.

 

Thanks

 

Johno23

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i have the recent envelope to the letter dated 3rd of June, It only arrived today.

 

It says TNT post with a big black S in a square box in the top right hand corner of the envelope.

 

So does that mean it is second class.

 

Unfortunately the envelope thats important is the 4th May.

 

The Duff DN only comes into play if they take you to court, they will argue that it makes no difference. The fact you say the agreement has no prescribed terms in it puts you in a stronger bargaining position but again they will claim thats not true and only a court can rule on enforceability which IS true.

 

It wouldnt hurt to put it together in a letter and advise them about the DN and prescribed terms, they have already terminated so no problem there.

 

What I think you will find though that as they have just terminated they will sell the account on pretty soon or you'll be hearing from an internal DCA and then the room for negotiating a settlement of f&f increases in my opinion. Getting the Default removed is going to be trickier I feel.

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

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is there any links to any threads where caggers have been successful in removing defaults when it is a disputed account & invalid DN.

 

Would it be wise to start court procedings then!

 

Johno23

 

I'm afraid you'll have to trawl through the won threads to see how people have done and whats been achieved, I tend to note the WIN and not look to see whats been won as such.

 

The Default removal is going to be difficult.... they have an agreement from you say the prescribed terms are not there and as such I think the CRA's and the ICO will say that you agreed to the data protection reporting, hence the default.

 

If they take you to court then the duff DN comes into play and the terminating of the account, you then have the chance to argue that if the contract is thrown out the default on your account should be too.

 

If you take them to court then the burden of proof falls on you to show that the agreement is unenforceable... this is what the rankines tried to do and do badly! Depending on the amount outstanding on the card it could be expensive in costs if you lose.

 

Just my opinions.

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

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Reading the DN, I ask myself this:

 

The initial letter is dated the 4th of May and states quite clearly that the DN is 'attached'. What i don't see is an actual date ON THE DEFAULT NOTICE- is this correct? Should the date also be on the DN itself?

 

Maybe I am barking up the wrong tree though.....................

Welshwizard QC (Quite Content):rolleyes:

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Bank holiday. It was sent second class as well.

 

Well now........ you didnt state that above did you when I mentioned first class is deemed 2 days from posting...... second class or equiv is classed as 4 days so revised its:-

 

4th B/Hol Default Notice letter "created"

5th Actual put into postal system

11th Deemed served on this day

12th First Calendar day of 14

25th Last Calendar day of 14

26nd Rectify date by my counting.

 

They cut you short by 5 days!

 

Would be helpful if you had kept the envelope but if you SAR them you may get something noting down the postage of the DN and how they posted it.

 

S.

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  • 2 weeks later...
Ok posted up the credit agreement that i have received regarding this account.

 

Any advice/comments always appreciated!

 

 

Not a single prescribed term on that application, unenforceable as shown in my humble opinion.

 

S.

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