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    • 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  
    • 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.
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Mbna Cca Not Received Offered Settle


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I Have A Mbna Credit Card, 2 Weeks Ago They Agreed Settlement 30%, Then When They Spoke To Their Supervisor, He Refused It.

They Told Me He Wont Take Less Than 35%.

Then When They Rang Me I Told Them I Cant Afford That, They Told Me To Borrow The Money, Anyway To Honour That Percentage I Must Make A Payment For £306 Today And We Will Then Send The Settlement Letter.without The £306 Paid Today Over The Phone,the Settlement Figure Will Be Removed.

So I Left It I Did Not Bother. Week Later I Rang Them, They Told Me They Would Call Me Back, But Never Did.

 

Anyway On 1 September I Sent Out An Officail Letter Requesting My Cca With £1 Postal Order. I Have Not Received The Agreement. But Got A Call Today. I Asked About My Contract, He Asks Why I Need It, People Only Ask For That When They Are Not Willing To Pay. I Asid Never Mind That, Send Me My Agreement And We Will Take It From Their. Anywaynow He Was Willing To Accept All Terms And Accept 30% And The Letter Will Be Sent To Me Next Week And Will State Debt Settled In Full.

 

What Should I Do, Shall Accept The 30% Settlement As The Debt Is £22000, Please Someone Advice

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What Should I Do, Shall Accept The 30% Settlement As The Debt Is £22000, Please Someone Advice

 

No chance!:mad:

 

Clearly they have agreed to the settlement figure because they either can't find or have an unenforceable CCA.

 

Stick to your guns, you have asked them to supply you with the CCA if after 12+2 days they have not supplied you with an enforceable CCA then you can legally withhold all or any payment, until such time that they do.

 

Do not speak to them over the phone unless you are able to record your phone conversations, his flippant remark that "only people who ask for a CCA are those that won't pay" is just the tip of the iceberg if you continue to allow them to speak to you over the phone.

Keep everything in writing only, that way then you will have a paper trail of evidence if needed.

 

When was the Card taken out??

Was it over the internet??

In store??

Through a leaflet/paper/magazine??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I Think It Was Taken Out In 1996 Probably A Magazine, Not Totally Sure. I Know For A Fact When I Was Speaking To Him, He Said His Manager Declined The Offer.i Said I Am Not Bothered I Want My Agreement, And He Stated That It Is Not Possible To Write Of Debt.

So I Replied Dont Be Silly My Friend I Have Checked Numerous Things And Spoken To Right People,,,debts Have Been Settled For A Small Amount Or Been Written Of. So I Want My Cca. Kept Sayin Why Do You Want That, So I Said I Will Tell You When I Get It And Stated You Have 12+2 Days. He Said They Got The Letter On The 9th, So I Says Stop Lying I Have Proof That Is Was Signed For On 2nd Sept.

 

So He Tells , Thats Not How It Works Days Start From When It Reaches The Right Department.

 

I Replied I Am Not Bothered You Have 14 Days.

 

So He Says What Do You Want To Do.

 

I Said I Offered You 30% You Declined Now I Have No Option.

 

So He Says Not To Worry I Will Get That Letter Out To You Next Week.

 

My Concern Now Is Should I Aim For A Lower Percentage Or Go For A Total Right Off?

 

What Do You Advice???

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Well as you rightly pointed out to him, they have 12 days to supply you with the CCA from the 2nd, so if they fail to respond by Tuesday then you should send them the 'Account in dispute' letter.

 

Also, having had another read of your post, has there been a period of 6 years where you haven't paid them anything, or even acknowledged to them in writing that you owe them money??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ok not to worry, I was thinking of the Statute Barred route, but won't matter as you have been a good lad and been paying them;)

 

Are there any charges that they have applied to the account?

I am quietly confident that as this account goes back 11 years then they won't have the relevant documentation, and certainly won't have it in order!

 

See if they comply with the CCA request, scan and post whatever they send you, removing all of your personal details, address, account number, bar codes, etc etc.

 

Once they go past the deadline then you can legally stop all payments to them, I have a hunch that they will fail to produce a legally enforceable CCA and you won't have to pay them another penny:-D

 

But lets not count our chickens before the eggs have hatched!

 

 

 

Boo;)

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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In my opinion 30% is too high to settle (I aim for 15% on the assumption that the DCAs bought the debt for 10% and 50% is a big enough profit for them).

 

That said, if you decide 30% is ok then ENSURE you do the following:

 

  1. Ensure there is a document IN WRITING setting out the terms of the settlement - signed by them;
  2. Get the settlement money paid by a THIRD PARTY (someone else writes the cheque or transfers the funds). Don't pay yourself;
  3. Account must show a £0 balance after you have paid;
  4. Account must be reported to CRA as PAID IN FULL or some other designation tha let's others know it was paid off TOTALLY;
  5. Ideally, ANY reference to this account ever existing is removed from your credit file;
  6. The debt/file is NOT sold or transferred to anyone else (often a DCA trick is to "settle" for X%, THEY agree not to chase you for the balance - and then they transfer the account to another DCA and THAT DCA then chases you.

I may have forgotten something, but you ned to be careful to ensure that by paying them it is the END of it. You have NO REASON to pay them IF they do not have a LEGALLY ENFORCEABLE AGREEMENT. The only reason to pay them is because you can improve/rehabilitate your credit record etc. Otherwise, why bother?

 

If you pay them 30% they will have made a profit of 2X their investment in the file. You have effecitvely given them a profit for harassing you!

 

Like you, I am (reluctantly) willing to settle if no CCA - but only if I get something in return

 

Good luck

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Thanks for that. This account is still with mbna, and not with any debt agency.

 

He told me that the letter will be sent out to me stating the agreed amount, the rest written off and that the debt is satisfied in full and no other company chase you for it.

 

On the credit report it will state the partially settled and rest written off.

 

I have this feeling, when this letter comes its going to state that we agreed at 35%...too high.

 

obviously I will write back and state that is too high and no percentage agreed and only offering £5000 in full...they already know that amount will be paid by my uncle.

 

what do you think, obviously i will do what advice is given to me on these forums.

 

as for crefit report that is already ruined, defaults from all lenders etc.

 

thanks

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It sounds like you are getting closer. I would ask to see a DRAFT of the actual letter before you send money. It is likely that they will tell you the letter wil say one thing, but it will actually say another. Once you have paid you have lost your bargaining power.

 

Also, if they have NO CCA and you are NOT INTERESTED in using this settlement opportunity to (at least partially) rehabilitate your credit rating, then, WHY are you proposing to settle with them??

 

How are YOU better off by settling than by not settling??

 

For me, the ONLY reason to settle is to try to get my credit report cleared up. If I did not want to do that,iwoudl not pay anyone.

 

Anyway, your call at the end of the day but thoght to raise the issue.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have read the Voltium case a few times before this. One thing that bothers me, is (I) account in dspute (ii) you send them a cheque in F&F (ii) you tell them it is F&F and (iv) they cash it. Don;t they have a way out in that, AFTER cashing the cheque, they WITHIN A REASNABLE PERIOD tell you the pament is NOT accepted in F&F.

 

Therefore, they have your money (ouch!) and you have no F&F.

 

I had been clear (by maybe wrong) that IF the money came from a third party, and the cheque is cashed, then THAT IS IT and they cannot EVER claim not in F&F.

 

Is this all a correct understanding?

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hiya im subbing with interest

 

hoping you get this settled soon

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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My head is like a box of frogs today!

 

But as I understand it, when you give them a F&F offer, you should really get written confirmation from them that they will accept the F&F payment and will not take any further action.

 

If they fail to provide the evidence of a CCA, then you are in a much stronger position as you can put the account into dispute, and make them an offer of around 15% or less, reminding them that as they are unable to take any legally enforceable action they would be wise to accept the offer, or receive nothing!

 

 

Boo;)(the morning after the night before:()

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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always always always ask tem to put the f anf f in writing before making payment

 

always make sure it will be marked on your CF settled in full and or any adverse data is removed and that they or no other company will seek for a payment towards the debt and that you are fully discharged from it,(if you need a template just sout)

 

you could send them a letter with these details offering full and final and await them confirming in writing back that tis will be accepeted

 

one thing is if they do not have a cca the debt is not wiped and it still exisits. this means that you are not obligied to make any payment twards ituntl they do produce a valid cca.

 

if you want to get rid and clear your CF them a f af f isthey way to go

 

ida ;) (the night after the night before and the night before the morning after) :p

 

ida x

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In my opinion 30% is too high to settle (I aim for 15% on the assumption that the DCAs bought the debt for 10% and 50% is a big enough profit for them).

 

That said, if you decide 30% is ok then ENSURE you do the following:

 

  1. Ensure there is a document IN WRITING setting out the terms of the settlement - signed by them;
  2. Get the settlement money paid by a THIRD PARTY (someone else writes the cheque or transfers the funds). Don't pay yourself;
  3. Account must show a £0 balance after you have paid;
  4. Account must be reported to CRA as PAID IN FULL or some other designation tha let's others know it was paid off TOTALLY;
  5. Ideally, ANY reference to this account ever existing is removed from your credit file;
  6. The debt/file is NOT sold or transferred to anyone else (often a DCA trick is to "settle" for X%, THEY agree not to chase you for the balance - and then they transfer the account to another DCA and THAT DCA then chases you.

I may have forgotten something, but you ned to be careful to ensure that by paying them it is the END of it. You have NO REASON to pay them IF they do not have a LEGALLY ENFORCEABLE AGREEMENT. The only reason to pay them is because you can improve/rehabilitate your credit record etc. Otherwise, why bother?

 

If you pay them 30% they will have made a profit of 2X their investment in the file. You have effecitvely given them a profit for harassing you!

 

Like you, I am (reluctantly) willing to settle if no CCA - but only if I get something in return

 

Good luck

 

nothing wrong with this advice- however- full and final settlement means what it says and there is no court that would countenance the so called "trick" of passing the remainder of the debt on to a third party to claim against you

 

so long as the agreement says that the payment is in full and final settlement of all matters outstanding between you then this is sufficient

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STILL NO SETTLEMENT LETTER OF CCA FROM MBNA

 

GOT ANOTHER LETTER FROM THEM TELLING ME AS FOLLOWS :

 

Dera Mr xxxx

Your credit card account is now seriously arrears and the time is running out.

Your outstanding credit card balance is now xxxx. You must call your allocated account manager on 01244 629946 before 9pm. Please beware that a default is due to be registered on your credit file shortly. Should we seek a County court Judgment against you, this may result in the following actions

 

attachement of earnings

charging order

 

We could still help with your debt, by a reduced payment programme.

Alternatively I may still allow you to make a significantly reduced settlement of your balance.

 

We can only help if you respond to this letter toady before 9pm.

 

Yours sincerely.

 

THEY HAVE STILL NOT SENT CCA.16 DAYS HAVE PASSED.

 

DOES THIS LETTER REQUIRE ANY ACTION ?????

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I have read the Voltium case a few times before this. One thing that bothers me, is (I) account in dspute (ii) you send them a cheque in F&F (ii) you tell them it is F&F and (iv) they cash it. Don;t they have a way out in that, AFTER cashing the cheque, they WITHIN A REASNABLE PERIOD tell you the pament is NOT accepted in F&F.

 

Therefore, they have your money (ouch!) and you have no F&F.

 

I had been clear (by maybe wrong) that IF the money came from a third party, and the cheque is cashed, then THAT IS IT and they cannot EVER claim not in F&F.

 

Is this all a correct understanding?

 

no, you cannot force a settlement on anyone

 

sending someone a part payment of what they claim you owe will simply result in them seizing the payment on account

 

you do not complete a full and final settlement UNTIL you have their written acceptance of your terms of settlement

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Send them the account in dispute letter:http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

They are out of time, and this may focus their efforts on actually producing a valid CCA or entering into a F&F discussion.

 

Once they have received this letter they are unable to proceed with any collection activity and this includes trashing your credit file, fire it off pronto if you haven't done so already, remember, print your name don't sign and send it recorded!

 

 

Boo:wink:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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one call yesterday, another call today. they want to settle the debt for 35%.

i wold him that is too high offer me lower.

 

he states his manager wont budge, below 35%. They would get more from a debt agency.

 

so i said i cant offer that amount as it is too high.

 

still no contract copy, he said that is requested and will be in post very soon.

 

as this account is now in dispute.

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