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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.
      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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Lowell/carter claimform - old LLOyds OD 'debt'


RhYnoECfnW
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typical, them sending theirs at the last minute! giving no/little time for any ws in respect of. you can still dispute what they say at hearing as sham says, you have mentioned issues in yours.

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Can anyone give me any advice for Friday? Very worried about it all now.

 

My midwife said I should contact the court to ask if they can postpone it til after the baby is born (due 14th Jan)

but they said I would need to write to the claimant, and there's not enough time now.

 

So, how should I prepare for this?

 

Also, should I go on to lose, how do they calculate how much I have to pay back each month?

On reduced income now as I'm on Statutory Maternity Pay for the next few months or so, with Tax Credits to support that.

 

There's very little left over after essentials are all paid for.

 

Sorry if these questions are a little naive, but as I've said many times on here,

I'm way out of my depth with this!

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Post reported. Dont be alarmed, its to help you.

 

The court would do it based upon your IandE, they wont leave you with in the dark.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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It would be in your interest to take with you an updated Income and Expenditure form showing your budget now you are on maternity leave. (take a couple of copies as well so you can give one to the claimant's solicitor and the Judge - but they would only need to see this IF you were to lose) ... If you were to lose and they make a forthwith judgment (payment in full) then you will be able to ask for an instalment plan - if they don't deal with it there and then you would then need to complete a form asking for payment to be made in instalments.

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

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

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

2: Take back control of your finances - Debt Diaries

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

4: Staying Calm About Debt  Read Here

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

BCOBS

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

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

3: Banking Conduct of Business Regulations - The Hidden Rules

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

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

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Budget sheet that you can complete...

 

[ATTACH]60491[/ATTACH]

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

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

2: Take back control of your finances - Debt Diaries

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

4: Staying Calm About Debt  Read Here

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

BCOBS

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

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

3: Banking Conduct of Business Regulations - The Hidden Rules

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

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

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

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

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On the 15th September I received a letter saying that the Small Claims Mediation Team

has been unable to secure a mediation appointment

and that the claim had been referred to a procedural judge

who will give case management directions.

 

 

Now today I have received a Notice of Trial Date (11th December).

 

 

What should I expect now?

I have a list of charges from Lloyds, and they total £2464 in unplanned overdraft fees

(with another £303.93 in overdraft interest) plus £140 in returned Direct Debit charges.

 

 

Just the overdraft charges alone would actually clear the balance and then some.

 

 

Will this be taken into account in court?

Could really do without all this stress at the moment

- I'm having a baby on the 14th of January,

and the worrying is unbearable.

 

 

re the above

 

 

I would most certainly not be giving in with regard to the info above USE IT to your advantage.!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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can you also upload the statements please

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can anyone give me any advice for Friday? Very worried about it all now.

 

My midwife said I should contact the court to ask if they can postpone it til after the baby is born (due 14th Jan)

but they said I would need to write to the claimant, and there's not enough time now.

 

!

i think an agreed 'stay' with the claimants written agreement is for a month with a view to settlement, if requested at the directions q stage.

whether it could be done outside of that without a formal application?

 

otherwise, a formal court application with fee (unless any fee remission), for a stay or adjournment under the courts general management,

may be required. whether that (or anything) could still be done in time (all tomorrow) as urgent given your imminent arrival?

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Also, what statements would you like me to upload?

 

 

what you say carter sent with the DQ?

 

 

re post 124

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can anyone give me any advice for Friday? Very worried about it all now.

 

!

 

they might approach you on the day before the hearing, for a 'chat' to settle. up to you.

 

otherwise, in court (a room, sitting across a table from each other with the judge in the middle),

 

 

stick to yr defence/statement, and when required rebut what they say.

 

if there is judgment against you, and it cant be paid in full,

you can ask for an instalment order subject to yr means.

a further application may be needed.

 

if on the day, you do need an adjournment re your pregnancy circumstances,

you can ask the claimant and then J to agree,

 

 

provided no costs for adjourning.

 

 

(claimant might/prob will object if they have sent someone at cost,

and then need to send someone again at cost (it being small claims).

is the J's decision though.

 

 

make sure no costs against if doing so.

otherwise try and continue on the day)

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forget the statements

real shame you started paying them £1PCM in nov 2010

 

 

this would have been statute barred by now if you'd held your nerve and not paid them from

the oct 2009 date...:frusty::frusty::frusty:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Might it not just be better to get it all over and done with on Friday rather than attempting to delay ! You will probably still have attendance problems after the baby is born - someone to look after your little one, etc ?

 

At least the Judge will see you are very close to term and can see that you are not in a position to work !

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

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

2: Take back control of your finances - Debt Diaries

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

4: Staying Calm About Debt  Read Here

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

BCOBS

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

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

3: Banking Conduct of Business Regulations - The Hidden Rules

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

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

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

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

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Ok, thanks everyone. Would definitely rather just get it out of the way, win or lose.

 

 

F eel terribly stupid for paying them anything, though I still feel it's shocking that they can potentially get away with not providing the agreement that they keep referring to.

 

there's absolutely no way I can afford to pay in full if I lose, so hopefully they will see that.

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At most you will have 30 mins to present your defence and argue your points RhYnoECfnW...this is the only chance you will ever have....so take advantage.

 

You state ...

 

"I have a list of charges from Lloyds, and they total £2464 in unplanned overdraft fees (with another £303.93 in overdraft interest) plus £140 in returned direct debiticon charges.

Just the overdraft charges alone would actually clear the balance and then some."

 

The claimant has failed to evidence any of its points contended within its witness statement...apart from a notice of assignment...failed to quantify /substantiate the debt at all.

 

As far as they are concerned and will lead the court to believe you have spent this alleged debt by overdrawing on the current account.

 

Only you can state that any alleged debt was created by the original creditor and not connected at all to any alleged indebtedness the claimant portrays to the court.

 

At point 13 they state that you have failed to particularise your alleged disputed amounts...so take your statement and total and show the court how the creditor acted unreasonably and profited from these punitive charges...which caused an unfair relationship which made the account untenable to manage.

 

As stated its your only 30 mins to have your say......either argue your case or be prepared to pay this judgment for the next 10 years ..a debt that you did not create.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Ok, thanks everyone. Would definitely rather just get it out of the way, win or lose. Feel terribly stupid for paying them anything, though I still feel it's shocking that they can potentially get away with not providing the agreement that they keep referring to. Anyway, there's absolutely no way I can afford to pay in full if I lose, so hopefully they will see that.

 

as you say, might as well now. it wont be long, and is not as daunting as seems. just everyone sitting around a table.

 

as andy points, stick to yr guns, its all (unfair/unreasonable) charges. if you do negotiate beforehand, take that into account

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I've been writing down roughly what I want to say tomorrow.

 

 

Would somebody be able to quickly look through this please?

 

 

And let me know if there's any points on there that I definitely shouldn't be making,

or anything I've left out that I should be mentioning?

 

 

Thanks.

 

First of all,

they claim that I had an agreement with Lloyds and that I breached the terms and conditions of that agreement

by failing to pay the supposed minimum monthly repayments.

 

 

However, they have not provided a copy of this agreement, or these terms and conditions that they say I have breached.

Nor have they provided a copy of the default notice.

 

 

I had an overdraft facility with the bank, but the ‘balance’ of the account is not me overspending on the account,

but it is entirely made up of charges.

They also claim that I have not particularised the charges, but as I did not have a copy of them until recently, I was not able to.

 

 

Between the 2nd of May 2007 and the 1st of June 2010,

I was charged a total of £2464 in unplanned overdraft charges,

resulting in £303.93 of overdraft interest,

as well as £140 in returned Direct Debit fees.

The overdraft charges alone would more than clear the supposed balance of the account.

 

 

As you can see, and I have with me each statement where one of these charges were made to my account,

the charges were unreasonable, and which Lloyds were clearly making a profit from.

 

 

In some months (November AND December 2009) I was charged £215 each month,

and there are several other months where I was charged between £140-£165 a month.

 

 

The level and frequency of these unfair charges pushed my account further into debt,

wiping out a large amount of my wages and made the account impossible to manage.

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I've been writing down roughly what I want to say tomorrow.

 

 

Would somebody be able to quickly look through this please?

 

 

And let me know if there's any points on there that I definitely shouldn't be making,

or anything I've left out that I should be mentioning?

 

 

Thanks.

 

First of all,

they claim that I had an agreement with Lloyds and that I breached the terms and conditions of that agreement by failing to pay the supposed minimum monthly repayments.

 

Not an agreement you had a facility to overdraw...there are no repayments...only deposits

 

 

However, they have not provided a copy of this agreement,Overdraft Facility or these terms and conditions that they say I have breached. Then they are in breach of not complying with your legal request pursuant to section 61B of The consumer credit Act

 

Nor have they provided a copy of the default notice. Not a default notice....Notice served under Sections 76(1) and 98(1) of the CCA1974

 

 

I had an overdraft facility with the bank, but the ‘balance’ of the account is not me overspending on the account,but it is entirely consists of charges.

 

They also claim that I have not particularised the charges, but as I did not have a copy of them until recently, I was not able to.You are now so you should take your spread sheet

 

 

Between the 2nd of May 2007 and the 1st of June 2010, I was charged a total of £2464 in unplanned overdraft charges, resulting in £303.93 of overdraft interest, as well as £140 in returned Direct Debit fees.

 

The overdraft charges alone would more than clear the supposed balance of the account.A balance that is not your debt but created by the bank itself

 

 

As you can see, and I have with me each statement where one of these charges were made to my account, the charges were unreasonable, and which Lloyds were clearly making a profit from.

 

In some months (November AND December 2009) I was charged £215 each month, and there are several other months where I was charged between £140-£165 a month.

 

The amount claimed consists totally of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). Such charges are punitive and unfair in their entirety.......which made the servicing of the account untenable....creating an Unfair Relationship pursuant to section 140 a/b of the CCA1974

 

The level and frequency of these unfair charges pushed my account further into debt,

wiping out a large amount of my wages and made the account impossible to manage.

 

Regards

 

Andy

We could do with some help from you.

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Best of luck for today RhYnoECfnW..please update your thread irrespective of the outcome...this will assist others reading your thread.

 

Regards

 

Andy

We could do with some help from you.

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Lost. Judge said the defence had no legal basis and that bank charges were not subject to assessments of fairness as 'a court already decided they were fair years ago'. Also criticised me for getting legal advice from 'unknown people on the internet'. Need to find £3000 now. Thanks anyway.

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Sorry to hear this RhYnoECfnW...sounds like you had a DCA loving DJ...not concerned with any fairness or justification and just wanted you in and out of his court.The fact is...whether you had defended or not...once that claim form hits the door mat...you can do either one of two action....role over and let them have their judgment...or challenge it and have your say.

 

Believe me defending claim puts great stress on the claimant and causes them to incur costs...those costs eat away at their investment (your debt) and therefore their purchase becomes less profitable.

 

Another day another DJ may have put them to proof to justify their claim...thats the way it roles and we cannot prepare for this scenario.

 

With regards to payment ...download the N245 from our legal Library and make a monthly offer of payment..you will have to complete the I&E and propose a genuine affordable monthly figure.

The fee is £50 unless you are exempt.

 

Regards

 

Andy

 

Far better to have tried to defend than not to have even bothered.

We could do with some help from you.

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I am so sorry to hear you lost. Such a shame as in my view though there was a legal decision, it is clear that it was an unfair one when used in this case.

These charges where ;levied against you unfairly.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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The Judge kept saying that the overdraft wasn't entirely made up of charges, and that at least some of it MUST have been my overspending. Wasn't interested in seeing the spreadsheet of charges I'd compiled. So upset and disappointed.

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