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    • 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  
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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.
      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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Vanquis - full refund of all charges plus interest accrued **WON**


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Ok, one for the experts...in the absence of a speadsheet, I've attempted my own calculation of adding the interest, hopefully its correct!.....Vanquis charge an monthly interest rate of 3.991% so I've added to each charge a monthly commulative 3.991% interest rate from when the charge was put on the acccount, to give me an upto date figure that I should reclaim for each charge.....(I havent yet added 8% statutory interest yet)...Is this the correct way to get a true reclaim figure??

 

cheers

If you search for threads started by Banker rhyms with, he explains it all in a thread.

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When Vanquis issued the default notice did you keep the envelop it came in? When I was having problems with them about reclaiming charges they sent me a default notice but the crafty so and so's back dated the date on the notice so that it came within the required 14 days obligatory notice but actually only gave me 7 days. I pulled them up on this and they withdrew it.

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  • 4 weeks later...

There was no date on the envelope, odd, also no date of issue on the default notice as well....I posted a scan on the 'anatomy of a default' thread, and feedback suggests it might well be non-compliant...I have made an interim payment on the account, but today recieved my copy of the SAR...What a complete load of unintelligble waffle!...pages and pages of imcomprehensible data!...The only things I can work out is that they have got the total amount of penalty charges accured totally wrong! and I've the account statements to prove it!...Also my understanding of a SAR is that its supposed to include credit agreements, whether online apps or written credit agreements, copies of statements etc...as you can probably guess, I've recieved none of those...can anyone advise me of my next step, is it time to take the plunge and start court proceedings?

 

many thanks

 

AJ

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Write back to Vanquis and thank them for the documentation so far received but it is incomplete and list the documents you require as being outstanding. If they have exceed their 40 days state so, if there are some days remaining tell them that they have so many days to comply with your request. You could say whilst writing that you would like to point out that the default notice issued is invalid and as such you expect it to be removed from the CRAs.

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Thank you Surprise...I'll get on it before the weekend....They still have 7 days to comply with the original SAR...I'm going to hold fire on the charges reclaim until I have all the documentation from the SAR to refer from (there are a few statements from 2006 that I cant find)...one question, if they havent sent a complete SAR within the 40 day period, does the account automatically go in dispute?

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You need to complain to the ICO and explain that Vanquish have not complied with your SAR request. Say to Vanquish if they fail to comply within the given time it will leave you no alternative but to make an official complaint to the ICO. That worked with Morgan Stanley when I had problems getting the paperwork out of them and the ICO did get in touch with them as Morgan Stanley referred to it in their letter.

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when did you take out the card - pre the 2006 amendment which came in april 2007 (I hope)?

 

online in 2006, doesnt require signed CA as far as I know (distance selling regulations act 2004?)..I'm not challenging the CA, just wanted an accurate SAR containing all information and documents on the account..I'm challenging unfair penalty charges and needed a comprehensive list of penalty charges added to the account...They havent complied with that part. On the SAR, there is just one entry giving an overall total of the charges applied, and the figure they've supplied is way off the mark

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Right,

 

I've had a read through. What has happened is that you've sent a CCA request, which I think they complied with in all likelihood. You've then gone on about CCA 78(6) dispute which I dont think is right anyway.

 

At this point, they get the hump because you are (most likely) wrong and they think you are trying to not pay so they start getting the hump big time - make sense?

 

That's my take on where your at from the limited knowledge of you I have from a few posts.

 

You dont say when you SAR'd them I dont think. Did you specify exactly what you wanted in the SAR? You need to write back and be explicit about exactly what information you want from them. Itemised statements from beginning to now showing ALL PPI payments, charges and interest as INDIVIDUAL transactions. Give the a further 7 days to comply, remind them you are legally entitled etc.

 

Yes, I believe you were mis-sold PPI so tick that off and vanquis have some ridiculous charges as well I think.

 

hope that helps

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Right,

 

I've had a read through. What has happened is that you've sent a CCA request, which I think they complied with in all likelihood. You've then gone on about CCA 78(6) dispute which I dont think is right anyway.

 

agreed...I didnt realise at that time that it was applied for on-line, they confirmed this after I'd sent the 'account in dispute' letter....rendering the acccount not in dispute as they had complied with s78

 

At this point, they get the hump because you are (most likely) wrong and they think you are trying to not pay so they start getting the hump big time - make sense?

 

true to a point, I have paid 2 months of payments since, to stop the breach

 

That's my take on where your at from the limited knowledge of you I have from a few posts.

 

You dont say when you SAR'd them I dont think. Did you specify exactly what you wanted in the SAR? You need to write back and be explicit about exactly what information you want from them. Itemised statements from beginning to now showing ALL PPI payments, charges and interest as INDIVIDUAL transactions. Give the a further 7 days to comply, remind them you are legally entitled etc.

 

I sent the SAR letter from the CAG library, I didnt realise I had to add specifically add what information I required (you learn something new every day! :-))

Will do, they've still a week to comply

 

Yes, I believe you were mis-sold PPI so tick that off and vanquis have some ridiculous charges as well I think.

 

hope that helps

 

thank you

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In theory a SAR should get you every bit of data with your details on it in practice companies tend to 'interpret' what you want. Usually revolving around ease of access to data and perhaps not wanting to show you anything that might be wrong - at least in enough to detail for you to know/prove its wrong.

 

So, if you SAR a bank for example very often all you get is a pile of statements. Vanquis have sent you summary information of everything they have which one a certain level 'complies' with a SAR. So you have to be specific then if they dont stump up you send an LBA giving them a further 7 days.

 

In your case I would give them the full time limit again from your 'new' letter, just to keep it simple.

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Im going through same thing with vanquis they tried to say they do not have have to produce a signed agreement untill court??

I replied Dear Sirs,

 

With regard to the documents that you sent me in relation to my request for information under the Consumer Credit Act 1974, I am still waiting for the signed executed agreement. You seem to have sent me a somewhat recent copy of your terms and conditions and a very recent copy of an agreement form unsigned by anyone. I’m sure this must be an oversight, so I will ask you again for the proper documents.You also ask me to include documented evidence in future enquiry?? I am not sure what you mean by this and can only highlight you to the relevent law as below:

 

I draw your attention to section 61 of the consumer credit act 1974 (an excerpt enclosed for your perusal) in that

“(1) A regulated agreement is not properly executed unless a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner.”

Be also advised that your statutory time period has elapsed and YOU are now in default and very shortly you will have committed a criminal offence. As you are now in default NO further action can be taken on this account until such a time as the original SIGNED EXECUTED documents are made available to me.

This account is still in dispute and I still forbid the passing of any data to third parties, if any data has been processed illegally since my last request I shall take appropriate action.

Further if you cannot supply the proper documents and you have entered any defaults against my name I require that you remove them immediately.

I shall be carefully considering my options and next actions.

I await your response.

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IF you really want all the documents then you need to SAR or send them a cpr pre litigation request, there's a sticky in the legal forum. They have to supply original copies in response to that.

 

sections 60/1 will not help you get it.

 

Pretty sure the cut of for signed agreements is April 2007 after the 2006 amendment came into force. Anything before that must have a signature.

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I just sent the above to vanquis after they claimed have fulfilled thier obligations by sending me a unsigned terms and conditions,

If my card is post 2007 am I on a looser?? I can still dispute the account on incorrect balance due to charges ,but at moment they say only have to produce signiture at court

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yes but they seem to think signiture is required with them stating only needed in court, so call their bluff lol failing that il uphold the dispute and all the gains that applies to that ie OFT rules whilst I argue the incorrect balance

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yes but they seem to think signiture is required with them stating only needed in court, so call their bluff lol failing that il uphold the dispute and all the gains that applies to that ie OFT rules whilst I argue the incorrect balance

For a CCA request under s77/78 they do not need to supply a signature, but it must be a true copy orf the agreement, that is a copy taken from the original document. If they have it, why not copy it and send it. Current terms and conditions are not adequate, however if they are saying to you that they have reconstructed the agreement as the original, but omitted signatures then that is OK, but go back to them with:

 

You assert that have supplied a true copy of my executed agreement in response to my requests under Section 78 (1) of the Consumer Credit Act 1974, insisting that the documents supplied are a True Copy of an agreement. This statement is binding on you, as per section 172 of the Act.

 

Section 172 states:

 

172 Statements by creditor or owner to be binding

 

(1) A statement by a creditor or owner is binding on him if given under-

section 77(1), section 78(1), section 79(1), section 97(1), section 107(1)©, section 108(1)©, or section 109(1)©.

 

This means that the documents that you have previously provided, are the only documents you may now rely on in any attempt at enforcing this alleged debt in the future.

As hungrybear has previously stated, they must supply a copy of the original agreement for an SAR or under CPR 31.16, prior to court action.

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  • 2 weeks later...

thread update...I recieved a letter from Vanquis today...It looks like a result..They've offered me a refund of £276 in their words "in order to bring this matter to a speedy and amicable resolution......sum represents the total amount of charges applied to your account"

 

I guess accepting this offer would mean I dont have the hassle of starting court preceedings...No interest on the charges has been offered, but hey, its a good feeling to see them finally cave in! :):)

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thread update...I recieved a letter from Vanquis today...It looks like a result..They've offered me a refund of £276 in their words "in order to bring this matter to a speedy and amicable resolution......sum represents the total amount of charges applied to your account"

 

I guess accepting this offer would mean I dont have the hassle of starting court preceedings...No interest on the charges has been offered, but hey, its a good feeling to see them finally cave in! :):)

A result of sorts and if you are happy with it then that is all that matters. They should pay back the interest charged though.

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A result of sorts and if you are happy with it then that is all that matters. They should pay back the interest charged though.

aye, I havent accepted it yet though, I'm going to mull over it for a few days....although if Vanquis think I'm going to go away, they are sadly mistaken, because Round 2 is about to start, the PPI reclaim! :D

 

 

BTW, thanks Vint for your help and advice, its been very much appreciated!:)

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Blimey, Just got my latest statement from Vanquis and they've added another £24 in charges!!

 

Needless to say, I wont be accepting their offer...Is the next step N1 app in court?

 

No the next step should technically be this is what I want or I'll take you to court, you have 14 days; followed by an LBA address to a company officer - secretary / director giving a further 7 days THEN and N!

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