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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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Mbna Cca Not Received Offered Settle


yousef1973
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If they ring again, "TELL THEM TO SEND A COPY OF THEIR COMPLAINTS PROCEDURE, AND THAT ALL CORRESPONDENCE MUST BE IN WRITING"

Then put the phone down, you must "STOP TALKING TO THEM OVER THE PHONE":-x:-x

Report them to the OFT and Trading Standards via Consumer direct, for their continued harassment in seeking payment against a disputed debt.

 

I bet you were half way convinced to accepting the offer?

 

That is exactly why you shouldn't speak to them over the phone.

They have offered you that amount because they know they cannot legally enforce or collect any money from you because their paper work is not in order.

 

 

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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The Debt purchacers will probably only pay about 10p in the pound.

 

The offer that they make to you will in all probability be a short settlement not a full one. This means that they can sell the ballance on and the collection process will start over again for the ballance.

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i'm not sure that a short settlement means that they can sell the balance on- obviously an unscrupulous creditor may try it on it you dont get the written assurances

 

My understanding of a short settlement is a lump sum (sometimes an agreed payment plan) of a lesser amount than that is owed in order to conclude the matter whereupon the credit file is marked accordingly(and damaged obviously)

 

it should still be done as a full and final settlement and the undertaking not to pursue the balance obtained

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My MBNA contract arrived today, well its more of an application form.

My details, name address, and my signiture on it too.

It is dated 1996.

Its actually a leaflet that you normally get in magazines offering you a credit card. I remember in the nineties, every magazine use to have loads of credit card companies leaflets.

 

Other details it has on it, where I work and weekly earning.

 

Any views can this stand.

 

Ta

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My MBNA contract arrived today, well its more of an application form.

My details, name address, and my signiture on it too.

It is dated 1996.

Its actually a leaflet that you normally get in magazines offering you a credit card. I remember in the nineties, every magazine use to have loads of credit card companies leaflets.

 

Other details it has on it, where I work and weekly earning.

 

Any views can this stand.

 

ALSO

 

I also got a call from MBNA today asking me, why my mortgage account is all upto date and you cant afford to pay the credit card.

 

Do I need to explain that to them.

 

I just ignored them for now

 

Ta

Edited by yousef1973
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My MBNA contract arrived today, well its more of an application form.

My details, name address, and my signiture on it too.

It is dated 1996.

Its actually a leaflet that you normally get in magazines offering you a credit card. I remember in the nineties, every magazine use to have loads of credit card companies leaflets.

 

Other details it has on it, where I work and weekly earning.

 

Any views can this stand.

 

ALSO

 

I also got a call from MBNA today asking me, why my mortgage account is all upto date and you cant afford to pay the credit card.

 

Do I need to explain that to them.

 

I just ignored them for now

 

Ta

 

Mortgage debt is a priority debt just like council tax, credit cards are secondary debts and even more so when they dont appear to have an enforceable agreement. They have no business asking about your mortgage

 

If you are unable to scan up the mBNA application for advice on enforceability, take a look on this thread and let us know if you spot one similar or the same to yours. (Its a long thread with lots of MBNA toilet paper)

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

S.

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I also got a call from MBNA today asking me, why my mortgage account is all upto date and you cant afford to pay the credit card.

 

How many more times yousef:mad:

STOP TALKING TO THEM OVER THE PHONE!!:-x

 

It isn't rocket science, if you answer the phone and they are on the other end, put the damn thing down!

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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MBNA did all this with me promising me a settlement over the phone to which I never got in writing (yet I chased & chased!!) They eventually defaulted me in Jan this year then took me to court in July which I'm still battling on with now. My CCA (Priority Application form should I say) was from 2000 & I had a faulty DN served on me aswell. http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-court-papers-help-required.html

 

I think the judge in my case looked favourably on my side on the day tho due to the fact I had still been paying them (£20mth) until the court case so showed willing (I owed £11.5k on this card, but I do have another card with them also for a similar amount too). I also showed a letter from Dec to the judge I sent to MBNA in trying to come to an agreement of settling the debt (all being 25-35% of the amount outstanding), again it showed I had tried to come to an agreement with them. Maybe you could do a letter of this kind along the lines of

 

you may be in a position if funds were available of £xx.xx which represents 35% off the outstanding balance and is all that you can propose.

This offer is made on the clear understanding that if accepted, both you or any associate company will not take any further action to enforce or pursue this debt any further and I will be released from any liability.

 

I also request, that if accepted, you will mark any entry on a credit reference agency file relating to the above account as “satisfied” in full.

 

Should MBNA still ignore it then at least you have your copies should you ever follow down the same footpath as me.

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no- unless you want to ssettle as it is clear they do !

personally i would still go the no cca route,then send them the acc indespute letter,while in despute they cannot threaten you with what they" MAY" or may not do if you do not pay straight away,i think as they are chasing you for this settlement payment that the cca paper work is none existant and they know it,so getting any amount of money out of you is a result.borrowing off somone else to pay this debt is not really the answer as you will still owe the debt but to someone else,good luck.:)

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personally i would still go the no cca route,then send them the acc indespute letter,while in despute they cannot threaten you with what they" MAY" or may not do if you do not pay straight away,i think as they are chasing you for this settlement payment that the cca paper work is none existant and they know it,so getting any amount of money out of you is a result.borrowing off somone else to pay this debt is not really the answer as you will still owe the debt but to someone else,good luck.:)

 

getting you to discuss over the phone, a ficitious offer to settle is their way of finding out if you have any funds available

 

the best response is to write to them and ask them to state in writing what the "substantial discount" is that they are offering

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HI

 

I HAVE AGREED A NEW SETTLEMENT FIGURE WITH MBNA. THEY HAVE WROTE THE FOLLOWING LETTER, CAN SOMEONE PLEASE CONFIRM IF THIS IS ADEQUATE.

 

Dear Mr XXXXX

 

Account Number: **** **** ****

 

SHORT SETTLEMENT CONFIRMATION

 

Further to our recent communication, I can confirm that a settlement of £xxxx has been agreed on a balance of £xxxxx due by 23th October 2009.

 

Once payment is received, MBNA will register a partial settlement with licensed Credit Reference Agencies. However, you will not have to repay the remaining balance and MBNA will not pursue the matter further. If the specified payments are not received by the above date, the short settlement agreement will be null and void and the total debt will be due.

 

Please contact me on xxxxxxx as soon as you receive this letter to confirm its receipt, and to confirm your payment date and method. If you wish to make payment with a debit or credit card then you may do this by calling the above number.

 

Yours sincerely

Edited by yousef1973
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IMHO they are clutching at straws, if they 'STILL' haven't provided you with a legally enforceable CCA then you have absolutely no obligation to enter into any repayment settlement they send you.

 

Have you sent them the account in dispute letter??

 

If so then they should not be asking you to enter into any settlement offers.

 

If you haven't sent it then you should do so immediately as has been previously advised to you by numerous other CAGgers, including myself.

 

Otherwise as it appears you aren't to willing to take others advice and the settlement figure is to your liking then pay them, and wait until the amount they are not going to pursue you for gets flogged off to another DCA.

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 ALREADY SENT THEM A LETTER OF DISPUTE.

 

EVEN THOUGH THEY SENT ME A FLYER WITH ALL MY INFO AND SIGNITURE ON ON IT AT THE TIME OF APPLICATION...SO CALLED AGREEMENT.

 

BUT THIS IS GETTING TOO MUCH, SO WE AGREED A FIGURE, AND NOW THEY HAVE SENT ME A LETTER.

 

Dear Mr XXXXX

Account Number: **** **** ****

SHORT SETTLEMENT CONFIRMATION

Further to our recent communication, I can confirm that a settlement of £XX has been agreed on a balance of £XXX due by 23th October 2009.

Once payment is received, MBNA will register a partial settlement with licensed Credit Reference Agencies. However, you will not have to repay the remaining balance and MBNA will not pursue the matter further. If the specified payments are not received by the above date, the short settlement agreement will be null and void and the total debt will be due.

Please contact me on XXXX as soon as you receive this letter to confirm its receipt, and to confirm your payment date and method. If you wish to make payment with a debit or credit card then you may do this by calling the above number.

Yours sincerely

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Once payment is received, MBNA will register a partial settlement with licensed Credit Reference Agencies. However, you will not have to repay the remaining balance and MBNA will not pursue the matter further. If the specified payments are not received by the above date, the short settlement agreement will be null and void and the total debt will be due.

 

Hi yousef1973,

 

Whilst its a personal choice whether your happy to pay the amount or not I feel you need to be warned the statement above says nothing about selling off the remaining debt, it clearly states you will not have to pay off the remaining balance with MBNA and that they will not chase but if it were me and for such large amounts (counting the x's) I would just like in writing clarification that the remainder of the debt will not be sold on.

 

Thats my only concern with it, at the end of the day its you who knows your circumstances better than anyone else.

 

S.

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HI

 

I SAW ANOTHER SETTLEMENT LETTER POSTED ON THIS FORUM, SHOULD I REQUEST SOMETHING LIKE THAT, LETTER BELOW AS FOLLOWS

 

Attention: Mr XXXXX

 

 

 

As per our conversation on the 17th April 2009 I am pleased to advise you that Mbna would like to accept your offer of £2265.00 to partially settle your Mbna credit card account.

 

 

 

This means that the remaining £6778.25 will be written off and you will never be pursued for the remaining debt on the account. Once the £2265.00 is received I can confirm this will be full and final settlement on the account, however, will be registered as a partial settlement on your credit file for six years.

 

 

 

I hope this clarifies the situation and If you can kindly organise payments with Allan your account manager on receipt of this email on 01244 xxxx Ext: 1xxxx that will be greatly appreciated.

 

 

 

Yours Kindly,

Edited by yousef1973
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SHORT SETTLEMENT CONFIRMATION

 

Further to our recent communication, I can confirm that a settlement of £xxxx has been agreed on a balance of £xxxxx due by 23th October 2009.

 

Once payment is received, MBNA will register a partial settlement with licensed Credit Reference Agencies. However, you will not have to repay the remaining balance and MBNA will not pursue the matter further.NOR WILL IT PASS THE REMAINING DEBT ON TO ANY THIRD PARTY If the specified payments are not received by the above date, the short settlement agreement will be null and void and the total debt will be due.

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PLEASE READ BELOW I HAVE ADDED A LINE INTO IT.

 

SHOULD I ASK THEM TO SEND ME A LETTER LIKE THIS.

 

Further to our recent communication, I can confirm that a settlement of £xxxx has been agreed on a balance of £xxxxx due by 23th October 2009.

 

Once payment is received, MBNA will register a partial settlement with licensed Credit Reference Agencies. However, you will not have to repay the remaining balance and MBNA will not pursue the matter further.NOR WILL IT PASS THE REMAINING DEBT ON TO ANY THIRD PARTY.

 

Once the xxxxx is received we can confirm this will be full and final settlement on the account.

If the specified payments are not received by the above date, the short settlement agreement will be null and void and the total debt will be due.

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yousef1973

You said your CCA was from 1996 so likely to be a pants agreement and MBNA know it, they should be glad of any amount from you in all honesty.

 

Take the bull by the horns & go with what YOU want to settle with them (25% of the outstanding amount roughly or less perhaps ;)) and put the letter together as per what diddydicky states above or a bit of whats prev been posted.....after all you've got nothing to lose and everything to gain, its them that will have everything to lose should they ever want to take it any further!

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