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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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    • 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.

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      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.

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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.
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      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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what should I do now - if anything


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It`s what anyone personally thinks best but all them that have written to my hubbie want you to ring and he can`t speak and I am not speaking on his behalf the OC know the position from day one that they are not my debts and they won`t speak to me so we have stalemate none seem to want to do anything by letter so leave it with them

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I've just realise why my letter to Fredricksons wasn't sent signed for .... they only provide a P O Box address. I didn't think you could send signed for to a P O Box no. Does anyone know of a correct postal address for them?

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I just asked at the PO Dotty, I thought if nothing else, can get proof of posting, but the counter-assistant accepted it for 'signed for'. So, this time I've done that. :-)

 

Cap1 are now out of time (with several extensions) with a response to my SAR, and also to my official complaint, so ICO is the next step. :-)

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How do you show the courts how amicable you have been when they do not have a enforceable CCA or DN? I don`t acknowledge letters from DC so looks as if I`m not being amicable but a third party with no assignment as no rights to discuss your account?:confused:

 

Hi LC

 

Being amicable does not necessarily mean making payment toward an alleged debt.

 

In Flooz's case she is attempting to resolve matters to an amicable conclusion by reminding the OC that their regime of charges will be recovered in order to reach a lawful and agreeable settlement figure.

 

Its always good to have the last word with any creditor and be able to show that their actions alone are at issue.

 

Doesnt mean you have to reply to every letter, just the ones that bring anything new to the agenda.

 

Have to be honest, I've only ever corresponded with 3 DCA's

 

CL Finance, went away after a CCA request

AIC, bugged me so I sued them for DPA non compliance..... won (by default - oops!) and now gone away :D

Capquest..... filed for SD and after a carefully crafted bugger off notice discontinued and agreed costs.

 

Gez

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Gez

 

It`s always hard striking a balance between knowing what to do and not to do

 

As always one as to decide which advice to take you get so much advice but it`s so conflicting so each as to make a choice as to what they think is best for them:)

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I just asked at the PO Dotty, I thought if nothing else, can get proof of posting, but the counter-assistant accepted it for 'signed for'. So, this time I've done that. :-)

 

 

Signed for, is that normal post? Can you get a copy of the signed receipt?

 

If it is different to recorded delivery, I am not familiar with any other 'signed for' facility.

 

RD gets expensive when you are sending such a lot of letters so if your way is cheaper, I am all ears!

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Sorry Dotty, I use the term 'signed for' as there are several options for sending which involve getting a signature and tracking. As far as I'm aware, recorded delivery is the cheapest.

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When I have been in PO and someone as sent a signed for letter it is guaranteed next day delivery however it is £5 plus whereas a recorded delivery 1st class which requires a signature off the recipient which you get a receipt for and can check on Royal mail web site and print it off the proof of delivery and the signature it costs £1.15

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Yes Laura, the guaranteed next day delivery is 'Special delivery', I would only use this if sending important documents, like passports or driving licence.

 

Just letters only require 'recorded delivery' IMO and it's just gone up by a penny!

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Had a further letter from Carp1 today about a signature. I just didn't see the point in playing letter tennis any longer, they've had the signature, etc. So we took the chance and phoned to confirm ID, expecting them to try and discuss the account. Surprise surprise, they just accepted the confirmation of ID without any further attempts to discuss the account and have said the information will now be posted. I guess I shall just wait and see. :(

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Letter received from 'The Freds' (I quite like that term), confirming they have referred the matter to their clients and have subsequently put my account on hold - something positive at last.

 

Now I just have to get the information I need from Cap1, who informed us when ID was confirmed on the telephone (which personally, I think is carp, I could still be anyone) would now be sent. Hmmmmm, I wonder..... :rolleyes:

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  • 2 weeks later...

Bundle of information received this morning, I shall be posting the relevant parts later today - watch this space, lol.

 

No doubt I shall be needing more advice and guidance :p

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and now for the credit agreement they've supplied, which appears to be the same as previously supplied, although with a reverse page of T&C's

 

ccapage1.jpg

ccapage2.jpg

 

So, now I'm at a loss as to whether this 'agreement' is actually correctly executed.

 

One thing I'm really very unhappy about is that despite my being in correspondence with them for approximately 6 months now, trying to get this information, etc, and disputing the account, they have continued to add interest and charges for non-payment. I suspect that particular point would be reasonably easy to fight.

 

Any further opinions/advice would be very gratefully received.

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Hi Dotty :-)

 

I believe it was 0% on balance transfers (not sure if there was a time limit on that though) and initially we did transfer a balance. (I'll check with husband when he finishes working).

 

Although Cap1 being Carp1, whenever a payment was made, it was 'taken' as reducing the 0% balance, as opposed to anything new (that's actually incredibly difficult to explain, lol). Likewise, in desperate times, we once used it for cash (which attracted a higher interest), and despite paying back the cash amount pretty much immediately, surprise surprise, the payment was taken as reducing the lower interest bearing amount. :-(

 

They've provided a breakdown of each statement, but not copies of the actual statements. The breakdowns do not give details of what amounts are attracting interest at the relevant rates.

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It's called 'hierarchy', not sure if spelling correct, but it's when the amount not attracting a juicy amount of interest is paid off first. I believe this is in the process of being outlawed at the moment.

 

No they don't give the interest on the statement lists, you have to calculate it manually!

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I'm feeling very despondent at the moment, is there any point in my trying to claim anything back? Do I now have any right to argue with them?

 

Although I strongly feel that the penalty charges and interest added since first delving into this issue could by argued, but that doesn't amount to much.

 

One thing is bothering me greatly is why didn't they just produce this supposed agreement in the first place; As it's a photocopy, in my mind, there's still a possibility (albeit small) that the T&C's that now appear on the reverse side of the signature page are different or something. Am I clutching at straws, or is that a real possibility?

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I know what you mean about feeling despondent, I have days when I wonder where this will all end but then buck myself up and carry on.

 

As far as what they have sent you, I have seen lots of these on other Cap 1 threads.

 

I do get inspired by reading successful threads, only trouble is, I spend more time reading than getting things done!

 

You certainly have every right to claim back what you can. I only had £400 worth of late fees over 9 years but when you calculate the contractual interest on top it nearly doubled this! Although only offered £40 so far! :lol:

 

Also trying for PPI and IF agreed, would clear the balance and give me some back!

 

Still waiting for their 2nd response but will keep pursuing it.

 

At least you can go behind the bar and pour yourself a swift one! ;)

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Thanks Dotty, but if that agreement IS correct, then surely I don't have the right to claim anything? I don't know :-( I've been looking through the details of the statements, and it's hard to believe how the balance has mounted, so much of it just on day-to-day living when my OH lost his job. Now I just don't know how I'm going to pay it, unless I can find something they've definitely done wrong, AND get them to see that.

 

I guess I could have a 'swift one' (or even two or three) but I don't actually drink much, one of the pitfalls (or advantage depending on which way you look at it) or running a pub, is there's simply too much choice and if I can't make up my mind what to have, I settle for a coke. :-|

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