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    • 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.
    • 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.  
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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charges appeal goes with the banks!!


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De'vo! :sad: I have a £600 debt with Moorcroft (debt sold from Natwest, well least I think!!), wholely due to bank charges, default notice fees etc. which I have been disputing since March this year! Does this mean I have to pay the scumbags now??! :mad:

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This is just wrong on so many levels.

no avenue to appeal

we (the customers) accepted the charges to run a current account - exactly what choice did we have at the time?

Really annoyed but strangely not suprised

 

The banks gamble

The banks loose

The government uses our money to save the banks

The government prints money to buy bonds

The banks report record profits as the stock market has been artificially boosted

The rich get richer

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I would strongly suspect government intervention here.

 

 

The Government were never going to allow it to happen.

They've given billions of taxpayers money to the banks, so they

weren't going to allow th banks to give these billions back

to the ... taxpayer.

 

Three words come to mind after hearing the decison this morning.

 

Mandelson, Poodle and Judge

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would be interesting to see an official statement from the OFT. especially if it includes what actions they intend to take next in response to this shambolic judgement.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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So, it all drags on even longer - if the OFT don't have jurisdiction to decide what a fair overdraft charge is, then when does? The banks?

 

Welcome to UK Justice - the most ineffectual, loaded, painfully predictable, agonising sick joke that we have to live with in this country.

 

Wonder how much it costed for the court to be bought off.

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OFT disappointed by Supreme Court judgment

 

137/09 25 November 2009

 

The OFT is disappointed by today's Supreme Court judgment, which overturns previous High Court and Court of Appeal rulings that unarranged overdraft charging terms can be assessed in full for fairness. It will also be disappointing for many consumers.

 

The OFT will now consider the detail of this judgment before it makes a decision on whether or not to continue its investigation into unarranged overdraft charging terms. It will also explore with others the implications for consumers and for existing and future legislation and regulation. The OFT expects to make a further announcement in December.

 

The OFT set out its concerns in relation to unarranged overdraft charges as part of its 2008 market study. This found that banks earn around a third of their retail revenues from unarranged overdraft charges that are difficult to understand, not transparent, and not subject to effective consumer control.

 

The OFT will be seeking discussions with banks, consumer organisations, the FSA and the Government in the light of this judgment.

Full response The Office of Fair Trading: OFT disappointed by Supreme Court judgment
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I never thought the consumer would win. It would probably have meant more banks going cap in hand to the government and in this economic climate the country could not afford it. The country is financially broke and this this would run to billions so old school made sure they stuck together.

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Well!

 

Congratulation to them who claimed at the beginning and got their money back, I just a few months too slow!

 

It is what we deserve. We (not I personally but we as in society) voted these retrobates in for another term even though we knew they were liers, sorry spinners to use the modern term.

 

I'll add to what others have said 'political will' is at it's root and it was ordained many months ago:

 

Government distances itself by creating supreme court

Record government borrowing released

Information about extra borrowing by banks released one day before verdict

FSA/OFT given perceived extra powers (which they already had)

 

I'm sure others could add to the list

 

 

It is a good job it is not the 1780's because we would be shouting:

 

For liberty, For equality, For fraternaty

 

Viva la Engaland

 

Revolution!

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But surely there's still time for the Gov to step in and save the day just in the nick of time, i.e. before the election ??? :)

 

Funny how not so long ago it was reported millions were waiting for the outcome of this hearing...now it's 'tens of thousands.....'

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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think browns men have been having tea and bics with the bankers if this had gone in the favour of the consumer which it definitely should of done it would have brought the econonmy down to a grinding halt,they were never going to let this happen.

 

The real interesting thing now will be what will happen to all the millions the banks repaid recently to consumers,it will be the biggest on slaught in dca history, almost certainly putting some people in the debt spiral again but cheaper than having to pay all us back 100s of billions." thats justice for ya;)"

 

Oh and what about their new brainwave "lets charge the pesants at all the atm so they can get their own money out"

 

I know bankruptcys are increasing at an alarming rate in this country but i think the banks are trying their hardest to bankrupt UK ltd.

Edited by out of cash
error
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Dannyboy; surely your not saying we are being manipulated?

 

Well, even dear old Aunt Lizzie supposedly said "..there are dark forces at work in this country, about which we know so little."

 

The whole thing stinks.

 

Never mind. In a few months time we get the chance to vote for ........ more of the same....... whichever of them gets in. :Cry:

 

Join in everybody - "It's the same, the whole world over, it's the poor wot get's the blame....."

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Out of Cash

 

Stop and think a moment, who is telling you that the econamy would have crashed if this had gone the way of us cannon foder? Why would it have come to a grinding halt? It could have had the oppersite effect and stimulated the econamy because the establishments would have had to start working again. These establishments are making money out of this recession. What was it they borrowed last November 30 bil and was paid back two months later - think about the magnitude of the figures we are talking about here. And hasn't it been mooted that Lloyds will be paying their borrowings back early THIS IS THEIR PROFITS WE ARE TALKING ABOUT?

 

Sorry but paying this out would have had little effect

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I suspect that a lot of rejection letters are being prepared and packaged for posting out tomorrow. They'll hope to put off a lot of people this way by quoting the court case.

Beaten:

RBS: £4,500

AMEX: £4,200

Barclaycard Visa: £12,100

Barclaycard M/Card: £12,600

(Including the numerous DCAs they have set on me.)

PPI reclaims (into my bank account): £25,000

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If you stop and think, we today are whimps compared to our forefathers, 100 years ago they stood up and marched and shouted for what we have given away in the last decade or so. Some Historians have even speculated that WW1 was induced to save the banks? because again banks make money out of war!

 

Here's a radical plan to get the banks to conform to what we want:

 

Were possible we start using cash instead of plastic even if it is a debit card - draw it out the hole in the wall, its free. Better still when we get paid were possible draw it all out and pay the bills in cash even if it has to be at the post office. Even better still try and get your employer to pay you in cash (not always possible) and we put what we have to into the bank.

 

This would acheave a number of things

 

1. put us back in control of what the banks are doing for us

2. get money circulating within the economy

3. create jobs - someones got to move the money around and count it

4. hurt the banking system - S/O takes 3/4 days, were is it ON DEPOSIT! earning interest.

5. it will stop you going overdrawn, unfortunately paying bills will come before going out, because having it in the physical will help with realisation

 

There is a big down side, and that is two fold: time and inclination. lets be fare we haven't the b*lls our forefathers had and as shown over the last few months the judicary haven't either. If women hadn't got the vote today would they get support to get it - no! - time and inclination.

 

The last paragraph say it all and my soap box is a waste of time Same senario as the jews in late 1930's Germany

 

Kel

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