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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.    
    • 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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    • 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.

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AK Claimform - MBNA card 'debt'


MeeBroke
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i really sympathise with you at work, i had a couple of calls from calders at work and i work for a government organisation.. guessing it would have to be a civil type injunction not to contact you that you may need but you will need evidence, time date, who you spoke to and most of all witnesses or recordings of the call, if they ring again tell them its being recorded and will be used as evidence in court. wonder if ofcom would help but doubt it as i tried this route

 

Thanks MT

 

I sent MBNA a letter via recorded today formally asking them to cease using my work number (I can't even imagine what way the got it in the first place). They have two other numbers for me, that should meet their requirement. I mentioned that if I lose my job, no one will benefit.

 

All I can do really.

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Ok, since starting this thread, I have received a letter from a Trading Standards officer which I forwarded a copy of to MBNA.

 

Today, I got this from their Enforcement Team:

 

I have been passed the details of your complaint regarding MBNA.

I see that ________ has advised you and has drafted a letter for you. I also see that you have forwarded a copy of this letter to MBNA.

I have telephoned Cheshire Trading Standards and have spoken to the Officer who deals with MBNA. She has informed me that MBNA do respond with the proper documentation although they are often delayed because they receive thousands of requests.

I need your permission to disclose your name and address to MBNA.

If you give me your permission I can ask the above Officer to contact MBNA regarding your credit agreement.

Regards

_________

Principal Trading Standards Officer

 

 

I'm also preparing to take MBNA to court for damaging my reputation-reporting me for non-payment to credit agencies while the account is in dispute. Has anyone done this yet?

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Ok, I'm a bit naive on this but, I'm hoping to take MBNA to court for damages suffered whilst they have been reporting me to Credit Reference Agencies, while my account has been in dispute-some 5 months. My credit score was perfect up until this started happening. I have followed the correct procedure for requesting CCA to the letter (pardon pun). I have kept all documentation, proof of delivery etc.

 

Can anyone offer any comment on this?

 

My thanks

 

MB

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WOW!!! It's here!!! Help and advice please gang.

 

After 5 months of completely ignoring my letters an envelope has arrived containing about 12 sheets of paper. No apology for the delay and one of the sheets seems to be a 'default notice'?

 

Ok where to start. The first thing I they have sent is a photocopy of the tear off slip from my application. It included my signature. It lists my credit limit as £9000 when it actually is now £18500. Here is both sides:

appscan2.jpg

 

appscan1.jpg

 

Still looking for advice on this. Please note that these wo tear off slips were provided seperately, each printed out on a side of A4 paper.

 

They were sent with a 4 page print out of current T&Cs.

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If you are saying that the original credit limit was £9,000.. where is there a reference to that within the littlle examples they show to the right hand side of the top page ?. It looks to me as if there is

 

£1,000, £3,000 and £5,000.

 

If you went out and spent £8,500 on the first use.. what would the interest have been ??

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If you are saying that the original credit limit was £9,000.. where is there a reference to that within the littlle examples they show to the right hand side of the top page ?. It looks to me as if there is

 

£1,000, £3,000 and £5,000.

 

If you went out and spent £8,500 on the first use.. what would the interest have been ??

 

 

Good for a start :)

 

Thanks

 

I also think that somewhere in there it refers to section 11 and there is no section 11.

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Good for a start :)

 

Thanks

 

I also think that somewhere in there it refers to section 11 and there is no section 11.

 

There you go then :rolleyes: Next to pull apart is the Default Notice :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ive come accross a lot of threads where the general concensus seems to be that judges dont look to kindly on apllications to declare CAs unenforceable (some see it as debt avoidance) and the suggested route is to wait until the creditor initiates court action and then defend on the basis of unenforceabillity.

 

Imho it may be best to use the same process when suing for breach of dpa/damage to credit file/harrassment etc - wait until they initiate court proceedings then wack them with a counter claim. Otherwise you run the risk of the judge interpreting your actions as debt avoidance.

 

If you did want to bring an action I think youd be relying on:

 

The balance being shared with CRAs is innacurate as it contains charges/interest accumulated since MBNA failed to satisfy a CCA request (therefore breach of DPA);

The Banking code states that creditors will only share info with CRAs if the balance is not disputed.

 

Ive put both of these issues to the ICO in my complaint regarding MBNA and am waiting on their ruling.

 

Some have argued that the absence of an agreement prohibits any sharing of information with CRAs. The ICO has stated that this is not neccesarily true as by using the account the creditor has given this consent.

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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Ive come accross a lot of threads where the general concensus seems to be that judges dont look to kindly on apllications to declare CAs unenforceable (some see it as debt avoidance) and the suggested route is to wait until the creditor initiates court action and then defend on the basis of unenforceabillity.

 

Imho it may be best to use the same process when suing for breach of dpa/damage to credit file/harrassment etc - wait until they initiate court proceedings then wack them with a counter claim. Otherwise you run the risk of the judge interpreting your actions as debt avoidance.

 

If you did want to bring an action I think youd be relying on:

 

The balance being shared with CRAs is innacurate as it contains charges/interest accumulated since MBNA failed to satisfy a CCA request (therefore breach of DPA);

The Banking code states that creditors will only share info with CRAs if the balance is not disputed.

 

Ive put both of these issues to the ICO in my complaint regarding MBNA and am waiting on their ruling.

 

Some have argued that the absence of an agreement prohibits any sharing of information with CRAs. The ICO has stated that this is not neccesarily true as by using the account the creditor has given this consent.

 

Thanks for your input on this. I'm torn between doing as you've suggested and taking the game to MBNA before they put me in default.

 

My case was never one of debt avoidance in the first instance. I was dutifully paying until they ramped up the interest without explanation. They wouldn't give me one, so I CCA'd. When they didn't respond, and only then, I notified them of the dispute and stopping paying. My understanding (which has been clarified in writing to me by Trading Standards) is that they could not demand payment, add interest or late charges to the account whilst in dispute. They have continued to do so as well as reporting me for not paying etc.

 

Now, clearly the spirit of these regulations stem from the fact that as a lowly customer, my only weapon in seeking this information is denial of payment. They refuse to comply, and my credit record/reputation is damaged.

 

I suppose I need to decide the timing of this action. I also need to figure out how to quantify it.

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In no way suggesting you are engaging in debt avoidance, just playing devils advocate. ;)

 

More discussion here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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In no way suggesting you are engaging in debt avoidance, just playing devils advocate. ;)

 

More discussion here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

 

 

Sorry mate, I didn't think you were. Was just putting that out there :)

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Ok, since starting this thread, I have received a letter from a Trading Standards officer which I forwarded a copy of to MBNA.

 

Today, I got this from their Enforcement Team:

 

I have been passed the details of your complaint regarding MBNA.

I see that ________ has advised you and has drafted a letter for you. I also see that you have forwarded a copy of this letter to MBNA.

I have telephoned Cheshire Trading Standards and have spoken to the Officer who deals with MBNA. She has informed me that MBNA do respond with the proper documentation Not proper ones although they are often delayed because they receive thousands of requests.

I need your permission to disclose your name and address to MBNA.

If you give me your permission I can ask the above Officer to contact MBNA regarding your credit agreement.

Regards

 

More whitewash

_________

Principal Trading Standards Officer

 

 

I'm also preparing to take MBNA to court for damaging my reputation-reporting me for non-payment to credit agencies while the account is in dispute. Has anyone done this yet?

vint

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Hi Mebrooke,

 

Im doing the exact same thing as you with Trading Standards. I got in touch with them initially when MBNA ignored my CA request. At this point TS forwarded an email to me from MBNA stating that MBNA were going to be issuing me with the original agreement as soon as the obtained it. Fast forward 4 months and MBNA have issued their final response with no mention of this so im chasing it up with TS again. Ill keep an eye on your thread

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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I should mention thta my local TS have seen the 'agreement' that MBNA sent to me and agree that it is NOT an enforceable one. They do not consider this a legitiment document so are asking MBNA to send an actual agreement on my behalf.

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Do I have to wait for this to happen?

 

 

 

Also, I've just had a text saying 'MeeBroke, we have recently been trying to get in touch with you, please call '. They haven't attempted to ring me in a week on any number. I spoke to Martin Supple a week ago and told him I was ready to challenge in court and have since then sent 3 more letters via Recorded Delivery.

 

So what are they talking about? Is there really some random account selector that generates these messages?

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Thanks for that - was curious.

 

Its still closer to being an 'agreement' than anything theyve sent me! :rolleyes:

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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Seems like theirs a lack of cohesion amongst TS branches with regard to this - Ive just been told they have no power in s77 disputes:

 

http://www.consumeractiongroup.co.uk/forum/mbna/204693-haggis-mbna-enforceable-agreement-3.html

I have no legal qualifications whatsoever, so please check any input I have for accuracy. And please correct me if you disagree!

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I've been battling with MBNA for 5 months trying to get my credit agreement out of them. Followed correct procedure etc.

 

I finally contacted the FOS today to seek their help and they absolutely WILL NOT help. Theyclaim this is not in their remit.

 

So just who IS supposed to enforce the CCA?

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