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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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      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.
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Hardship case - Nationwide refusal


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I submitted the hardship information over the telephone and have received a letter telling me that as the charges were levied prior to our current 'hardship' situation, they will not consider the case. We are behind with our mortgage and council tax and have an IVA set up to pay other debts. What can we do now? The £8,000 in charges would come in pretty handy right now!

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I submitted the hardship information over the telephone and have received a letter telling me that as the charges were levied prior to our current 'hardship' situation, they will not consider the case. We are behind with our mortgage and council tax and have an IVA set up to pay other debts. What can we do now? The £8,000 in charges would come in pretty handy right now!

 

Nationwide will only payout charges that have been caused since the hardship begun. With the mortgage payment and council tax arrears, are there any payment plans to repay the arrears?

 

Is the £8000 since 27th July 2001 which for hardship claims is the cut of point?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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That's what they've said. Is that the same with every institution? I can understand their reasoning, but it's annoying just the same.

 

We do have arrangements in place to repay the council tax and mortgage arrears. It'll take about 3 years to recover from a 5 month spell of unemployment!

 

The £8000 in charges and interest have all been incurred since 27th July 2001.

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That's what they've said. Is that the same with every institution? I can understand their reasoning, but it's annoying just the same.

 

We do have arrangements in place to repay the council tax and mortgage arrears. It'll take about 3 years to recover from a 5 month spell of unemployment!

 

The £8000 in charges and interest have all been incurred since 27th July 2001.

In that case I do understand them refusing the hardship claim.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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  • 4 weeks later...

So how did you get £8000 in charges if you weren't in hardsip?

 

I'm not taking cheap shots just trying to see if there is an angle here.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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So how did you get £8000 in charges if you weren't in hardsip?

 

I'm not taking cheap shots just trying to see if there is an angle here.

As there are repayment plans in place then there is disposable income, ie if my normal payments add up to a minus then I shouldn't have any funds to pay off arrears.

Financial hardship is not about necessarily the totality of the charges but the current financial situation.

I'll explain, if I incurred loads and loads of charges 2 or 3 years ago but have slowly but surely got a better paid job and the last 6 months I have had a few blips leading to arrears and I arrange to pay additional money each month to clear those arrears, I am not necessarily in financial hardship today.

Does that make sense, indebt?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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I understand now, thanks for explaining that.

 

I still think it stinks though, the FOS apply a similar interpretation, net result banks sits on vast sums of money and the little guy gets screwed.

 

I think any definition of hardship that ignores these kind of sums needs a little work, but what can I expect with this country.

 

Ok rant over, my thinking was presumably the OP was in hardship when the charges were levid, otherwise there wouldn't be such an amount involved.

 

There is a disposable income NOW, but the charges levied then (assuming there was hardship then) would having a negative impact on the credit rating and the budget if there is an outstanding balance.

 

So essentially the position is that timing of the test case is the most important issue which basically seems wrong to me.

 

Putting it another way I believe an impartial observer would conclde that anyone getting over £500 in bank charges in a year is likely to be experiencing financial hardship.

 

 

The problem here is that the 'rules' are poorly defined and nobody is really bothered about enforcing them to protect the customer, much like the banking industry's approach to complaints in general :~0

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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indebt, I actually don't agree with that element of the hardship waiver. The £500.00 over 12 months means that, with RBS Group, you can have 2 charges a month and 2 months off which means under that definition, it is a huge umbrella of non hardship cases that can be included in that figure.

I should add that my interpretation is in view of understanding how the FOS deal with Hardship applications.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Ok lets say two thousand then, I picked that figure at random.

 

Putting it another way would you say somebody incurring that amount in charges has stable finances?

 

BTW hows the new life going? I've noticed myself feeling at ease every since I left my Nationwide hell :)

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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  • 1 month later...

Nationwide said same to me too but where in FSA waiver does it state the charges have to have caused hardship since the waiver bagan?

 

It doesnt, it simply states current financial hardship and lists circumstances as to what they beleive this to be.

 

Pathetic excuse by Nationwide but does the FSA tell them they are talking crap? No just let them get away with it

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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Nationwide said same to me too but where in FSA waiver does it state the charges have to have caused hardship since the waiver bagan?

 

here - additional guidance sent to firms 19th march 2009

 

V) firms to provide a range of measures to support customers and to treat them positively and sympathetically

nb2)firms are also refered to sections 14.2 and 14.3 of the guidance to the banking code.

these might include: help and guidance about dealing with fd and avoiding charges; suspending collections and recovery activity; suspending accrual of further interest and charges; consideration of a refund of charges, in particular where the charges may have added to the FD during, or immediately before, the period of FD. The rationale for why a particular level of refund has been given should be documented and clearly explained to the complainant.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thanks yourbank

 

Still does not say the charges had to cause your Hardship just merely consideration is to be given if they have added to the hardship.

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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  • 3 weeks later...

I've been refused by Nationwide even though my I rely on benefits,have a debt management plan with the CAB and had to rely on food parcels from them due to the fact Nationwide kept taking money out in charges then charging me for being overdrawn because of the charges they took out making me overdrawn.....b****ds.To top it all they then lie about responding in the 8 week time-frame.Complaint now with the FOS.

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  • 3 weeks later...

I have also been refused by Nationwide who stated that the reason that I was in financial hardship was my own mismanagement of my account and that I should cancel all direct debits. Also because I was able to pay my priority debts such as mortgage and utilities I was not in real hardship and my loan and credit card were not a priority debt therefore I had excess income! They have totally ignored the reason that I am in hardship that I lost my job and am now in a lower paid job!

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  • 2 weeks later...

The FOS themselves state the banks aren't taking hardship claims seriously so I hope this will mean your complaint with them is successful. Hearing some of the refusls I do wonder what constitutes hardship in thier world.

The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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The FOS themselves state the banks aren't taking hardship claims seriously so I hope this will mean your complaint with them is successful. Hearing some of the refusls I do wonder what constitutes hardship in thier world.

To give Nationwide their dues, they are probably the best in terms of their reasons for saying no and are very much concise and precise. Unfortunately the rest are pretty poor with giving people the reason for rejection.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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