Jump to content


  • Tweets

  • Posts

    • 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.    
    • 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)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

what should I do now - if anything


flooz
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4891 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Never had anything like it either, worked all my life, paid the bills on time and the moment I start to struggle every creditor (with the exception of one) has acted a total ar*e.

 

If they'd shown the slightest sympathy to my financial problems when they were made aware I might not be making them work so hard to get anything out of me now!

 

Rant over :D

 

One thing that cannot be beaten is a good rant. Get it off your chest i say.

(frequently)

John

Link to post
Share on other sites

  • Replies 560
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

I agree with John and Laura - rant all you like, and keep your chin up.

 

By the way, has anyone done a letter to Ofcom etc complaining about the phone calls? I haven't found a template, and wondered if there was a particular format to follow?

 

Oh, and they've obviously realise we recognise their numbe so don't answer the calls ..... they've started with another number, together with lots of sarcasm about how they will continue to keep phoning and not write.....:-x

Link to post
Share on other sites

To be honest I'd heard similar stories about ofcom before, seems to be a bit of a copout on their part as we should all be assured of maintaining privacy.

 

Easiest thing to do is ignore DCA's, seems to irritate them more than anything else. If they're really bugging me I'll let them chat for a while and ask them for their full name, company address, directors name, CSA number, FSA registration and anything else that comes to mind - ...... then when they get to the point of asking me if I'll answer any identifiers for the DPA I say 'not today, thanks' and hang up ;)

 

Gez

Link to post
Share on other sites

Thanks Laura. I don't disagree that they have a right to chase, but we have specifically and repeatedly requested they put everything in writing, perhaps they struggle with basic letter writing - as I'm still waiting for a response to my SAR ;-)

 

Gez, we ignore the calls as best as possible, but it's the phone ringing several times a day, at all sorts of times, which is quite intrusive. I know Cap1 have a job to do, so to speak, but it really bugs/annoys me when they resort to tactics like this, treating people like something scrapped off their shoe, without knowing any of the background, etc. :-(

Link to post
Share on other sites

Hi Flooz,

 

It takes more time to write(although I agree that they do not appear to have many who can put two sentences together) than have an auto dialling system to randomly catch an unsuspecting debtor unawares.

 

There is something called Truecall mentioned on here, not looked at it myself and I believe it is about £80 so not an option for some people but it is highly recommended to stop this problem with incessant callers.

 

With my house phone I can even set a specific ring tone to numbers so I don't even have to bother finding the phone to look at the caller ID!

Link to post
Share on other sites

Agree with you both Gez & Flooz Capital One & Mbna were ringing on the hour every hour day and night even weekends and Bank holiday this is pure and simple harrasment the Indian call centres that rang most of the time had a script if you asked them anything off their radar the line went dead I`d agree Gez play round with them to your amusement

 

I specifically & firmly requested contact in writing only due to hubbie not being able to speak due to brain injury so for this to be ignored infuriates me and I have reported it like I say though probably a waste of time but I think diddydicky said it leaves a paper trail about your ordeals and experiences.

 

I have a dc who keeps ringing at moment on behalf of CITI I have told them that the debt as not even been assigned to them so they have no rights to discuss a debt, told them to hand back details to CITI and that I will not enter into discussions either by telephone or in writing yet these morons still ringing

 

These creditors/dca only have one thing in mind getting their money they have tunnel vision and your personal problems, circumstances, illnesses are of no interest to them whatsoever so treat them with the same arrogance that`s my opinion

Edited by Laura Cooke
Link to post
Share on other sites

Agree DD that`s what Ofcom should do but I find that what they should and what they do do are 2 very different things I personally think they are fed up of consumers taking on the creditors causing them work they never had to do before mind you this is only my opinion. Think this is same with the ICO but the Parliamentary Ombudsman have been great and are investigating 1 of my complaints

Link to post
Share on other sites

Agreed, pretty much all responses I've had from any authoratative body have been a template response which smacks of time constraints in seeking a remedy.

 

In all honesty I've found it simpler to send off the usual complaints as a paper trail and do my own thing in the meantime.

 

Paper trails are an important part of the process (I'm sure dd will concur on this subject) - my latest to CQ has been an assessment of costs for filing motion to set aside should they carry out their threat to issue SD this week...... sent 2nd class with postal receipt of course in the hope that they'll read it before filing :rolleyes:, should make them squirm a little if it gets to a hearing stage :eek:

 

Gez

Link to post
Share on other sites

Grrr, these phone calls are driving me mad - but then again, I guess that's what they are intending to do.

 

Errrrrrrrr, ours have stopped........ maybe cos they've now issued a SD :rolleyes:

 

Trying to work enough costs into the set-aside to pay for this years holiday ;)

 

Gez

Link to post
Share on other sites

Thanks DD. Can you tell me how this truecall system works? I'm afraid it's not something I've come across.

 

Also, I do believe that Cap1 are now out of time for their response to my SAR, what are the implications of this?

 

Thanks for your assistance, it's greatly appreciated. :-)

Link to post
Share on other sites

'Tis ok, I've just found the link that tells me all about truecall. I'll have to find out more and give it some consideration. I've got two major thoughts about it at the moment (1) we're a business so do get lots of calls relating to that and (2) we're not BT - the only part of the country where BT do not operate, and i'm not sure of the implications of that. :-(

Link to post
Share on other sites

You see my concerns DD. Still, with no response to my SAR, I guess it's time for another move :-(

 

Hi Flooz

 

Can't remember where you are up to with SAR. Have they sent some data or not responded at all yet?

 

Do you have proof of delivery and date to hand?

 

If its no response and they've gone beyond 40 days I'd advocate a gentle reminder offering them a further 7 days, if still no response send them a LBA giving them an additional 14 days, advising that you will, without fail, file for costs and damages at local court on the 14th day.

 

Gez

Link to post
Share on other sites

Thanks DD. Can you tell me how this truecall system works? I'm afraid it's not something I've come across.

 

Also, I do believe that Cap1 are now out of time for their response to my SAR, what are the implications of this?

 

Thanks for your assistance, it's greatly appreciated. :-)

 

 

a fine of up to 5000 pounds if you make a complaint

 

remember it is 40 WORKING days from when they receive it

Link to post
Share on other sites

Thank you both. I didn't send signed for (OH posted it thinking he was being helpful) but they have cashed the cheque sent. I guess it would be prudent to count the 40 days from when the cheque was cashed, as that was a date that can be proved? Do you agree? Also, with the 40 working days, do we work on a 5 or 6 day working week?

Link to post
Share on other sites

Hi Flooz

 

Can't remember where you are up to with SAR. Have they sent some data or not responded at all yet?

 

Do you have proof of delivery and date to hand?

 

If its no response and they've gone beyond 40 days I'd advocate a gentle reminder offering them a further 7 days, if still no response send them a LBA giving them an additional 14 days, advising that you will, without fail, file for costs and damages at local court on the 14th day.

 

Gez

 

i'm not aware that non compliance of a SAR is a basis for a court claim!

Link to post
Share on other sites

i'm not aware that non compliance of a SAR is a basis for a court claim!

 

I can assure you it is dd, have filed and won 3 myself - filed under a part 7 you can claim for costs (30 squid) plus damages....... mine have all been in the region of £220.00 - £340.00 total depending upon how much letter writing there was prior to filing

 

Gez

Link to post
Share on other sites

Thank you both. I didn't send signed for (OH posted it thinking he was being helpful) but they have cashed the cheque sent. I guess it would be prudent to count the 40 days from when the cheque was cashed, as that was a date that can be proved? Do you agree? Also, with the 40 working days, do we work on a 5 or 6 day working week?

 

 

5 and not counting bank holidays

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...