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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • 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.
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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.

      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.

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Lowell/BW claimform - Old CAp1 'debt'***Settled Tomlin Order***


Jameson78
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I would do nothing. You have made it clear the account is in dispute. Don't be intimidated by these morons. They are looking for soft targets, people who just give in. If you do want to write, try:

Dear _______,

Thank you for your letter dated _________.

I refer you to my previous correspondence dated __________.

Yours faithfully,

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Hi,

 

Apologies about jumping on your thread but I would be very careful with CapQuest - Capital 1 and your signature!

 

See my thread here:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/249811-signature-tampering.html

 

and here:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/246845-capital-1-cca-could.html

 

Good Luck!

 

RI

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  • 5 weeks later...

CapQuest letter received: They closed the file.

 

SAR request still outstanding. They still want my signature after I wrote to them telling them the clock is ticking and they should hurry up & comply... Think I won the last couple of rounds. Next round.. ding ding...

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  • 1 month later...

Hi Jameson78,

 

I am in a similar position to you in that CapQuest closed the file and sent it back to Capital One. That was at the start of April.

 

A couple of days later I got the letter from Capital One saying they would not comply with the CCA request until I sent a copy of my signature.

 

I ignored this letter (and would recommend you do the same with yours). A couple of weeks later I received another letter just stating that my account would be reviewed regularly.

 

I haven't heard a thing since then .... three months and counting! :-)

 

Regards,

 

Hangus

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Guest Mrs Hobbit

They do hold creative writing classes and I have the proof, when I wanted to get into Court to show a Judge, they back tracked and wrote everything off.

 

I had signed the letter as my late husband and they scanned this signature on to the documentation. They didn't have a leg to stand on when confronted with the evidence. Up until then they were going to beat us with big stick.

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Hi my account was alsopassed back to Cap1 after i told fredricksons it was in dispute..cap 1 wanted my sig which im never sending ..cap1 wrote to me sayin the account was back with them and i still need to pay on the account that was in april ..heard nothing since

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Guest Mrs Hobbit

Get someone else to sign the letter for you and see what comes back frm the creative writing class.

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U know you could alsways provide a signature thats got lines threw it or even a smilie face and even as the odd cagger have said a V sign.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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The thing is, I could take just about anyone's signature, no matter how they disguise it/use security codes and, at home, using photoshop, you'd have a hard time telling it from the real thing once I'd finished.

 

Never sign anything or provide a signature unless ordered to do so by a court.

 

 

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Even on court papers l dont use my proper signature incase they try lifting that.

 

I always add a note to the courts advising for security reasons l have recently changed my signature and as result if this appears on any paperwork produced by the claimant l know its not valid due to it not being the one from when i signed the original letters or paperwork.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi Jameson78,

 

I am in a similar position to you in that CapQuest closed the file and sent it back to Capital One. That was at the start of April.

 

A couple of days later I got the letter from Capital One saying they would not comply with the CCA request until I sent a copy of my signature.

 

I ignored this letter (and would recommend you do the same with yours). A couple of weeks later I received another letter just stating that my account would be reviewed regularly.

 

I haven't heard a thing since then .... three months and counting! :-)

 

Regards,

 

Hangus

 

 

Hi Hangus,

 

Yea I will leave it for now. I have plenty of letters filed that shows my requesting for SAR and Crap1 ignoring them. Failings... failings.

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Hi my account was alsopassed back to Cap1 after i told fredricksons it was in dispute..cap 1 wanted my sig which im never sending ..cap1 wrote to me sayin the account was back with them and i still need to pay on the account that was in april ..heard nothing since

 

 

ditto :)

 

and frankly, I'm sure you will agree, it can remain like this for a few more years... till SB

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  • 3 months later...
  • 4 years later...

Hello peeps,

 

Update to this olf thread of 5 and a half years ago...

 

Lowell have been chasing and after a few usual letter exchanges, they have somehow dug up an credit application with a very dodgy date on the bottom. See attachment.

 

Would like to know what to do next:

 

Account opened 09/07/2004

 

Last payment made: 02/07/2009

 

CCA’d: 02/10/2009

 

Capital refused to comply with my CCA due to request not being undersigned by myself.

 

Wrote back stating that there is no requirement under the Act that requires a request to be accompanied by a signature.

Cap One replied: I must send a copy of my Passport to prove identity or they will not comply to request.

 

02 October 2009 I made a Formal Complaint under the Consumer Credit Act 2006 Complaints Procedure regarding this matter.

 

27 October I reiterated that I consider the account in dispute until such time Cap One complies with my CCA request and drew their attention to the fact that they have not responded to my formal complaint.

 

November 2009: Default Notice sent and deemed to be defective as the notice is not in the correct date format and states remedy must be within 28 days of the date of letter, not by a specific given date.

 

December 2009: Letter to confirm that Capital One have terminated the account.

 

December 2009 FPC start to chase and I sent In Dispute Letter.

 

March 2010, CapQuest started chasing me and offered a large discount opportunity to clear the account or case will be passed to solicitors. I sent a second CCA request to CapQuest.

 

April 2010 CapQuest replied stating that they are unable to comment on dispute and they have closed the account.

April 2010 I send a SAR request to Capital One

 

May 2010 Capital One reply and state they are unable to comply as SAR request was not signed.

 

They have ignored my CCA request for 5 and a half years and now the DCA has sent me a Application Certificate

 

And my SAR request sent more than more than 5 years ago has been completely ignored.

 

Hope I have uploaded the files correctly. Should be one file with the application certificate and the first 3 pages of Terms and Conditions. On the next post I will add the last 3 pages of the T&C's

 

Thanks for your help!

 

Jameson

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please convert to pdf, far too small to read

 

No reason not to sign a SAR

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Ok, here is the application in PDF, thanks

 

About the SAR request and no signature, I have a thread dedicated to this issue. They have not and will not comply until I send them a copy of my passport. The request was made over 5 years ago and I simply left it as the stalemate suited me more than them.

 

Below is the Terms and Conditions. Managed to merge all 6 pages in one file.

 

Thanks,

J.

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ppi requested on the application, have you reclaimed?

 

when was last payment/ acknowledgement of the account?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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in order to comply with s78, they would also need to provide the t&cs at closure, and a simple, one line statement of account

 

However the application form as usual for cap one for this era, does not comply with s60/61 cca 1974 imo

 

in paricular s61 (1)b

 

61 Signing of agreement.

 

(1)A regulated agreement is not properly executed unless—

 

(a)a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b)the document embodies all the terms of the agreement, other than implied terms, and

 

©the document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

 

 

 

 

 

I see no reason not to sign your sar,or to prove your address as they have your signature on the application form anyway

 

if you wish to reclaim ppi

 

statued barred later this year then, self employed with useless ppi- you applied for it:???:

 

reclaim no problem, get a new sar sent if you dont have the statements

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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SB later this year. Ok, a few months to go.

 

I have sent a SAR request.

Capital refused to comply with my CCA due to request not being undersigned by myself. Kept the PO.

 

I told them that there is no requirement under the Act that requires a request to be accompanied by a signature.

 

Cap One replied: I must send a copy of my Passport to prove identity or they will not comply to request.

 

This my letter I sent in October 2009:

Thank you for your letter dated 19th October 2009 in which you say that you will not comply with my request dated 2nd October 2009 under s.78(1) of the `Consumer Credit Act 1974 unless I provide you with a signature.

There is no requirement under the Act that require a s.78(1) request to be accompanied by a signature, and I am unable to accede to your request.

Further, I note that you have sent statements and correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first threat letter.

Please now comply with your legal obligation without further delay and formally acknowledge my letter dated 2nd October 2009, which was a Formal Complaint under the Consumer Credit Act 2006 Complaints Procedure and which you received at your office on 7th October 2009.

They don't want to comply and I didn't follow up as the stalemate suited me.

 

Sorry this is the SAR response from me when they said that they will not comply:

 

 

You have failed to comply with my Data Protection Act 1998 Subject Access Request. This request, dated 8th April 2010 was sent to you by first class recorded delivery along with a postal order for the statutory maximum fee of £10 and was signed for by your office at 6:46 on 9th April 2010.

 

The 40 day’s allowed for compliance expired last week on 20th May 2010, and as such you are now in breach of section 7 of the Data Protection Act 1998.

 

You responded on 16th April stating that you require my signature and you informed me that you require a £10 fee.

 

My immediate response dated 22nd April 2010 contained a color photocopy of the £10 Postal Order along with the Post Office Voucher proving that the £10 fee had been paid. I explained that I do not wish to involve the Information Commissioner at this stage and allowed you a second opportunity to comply with my request.

 

May I remind you that there is NO legislation which states that I must provide a signature: The Information Commissioner’s Office states that if a creditor has been writing to the person concerned in the past then it's safe to assume that this is the correct person they are writing to.

 

To quote directly from the Information Commissioner’s Office:

 

Data Protection Good Practice Note: Checklist for handling requests for personal information (subject access requests) issued by the Information Commissioner’s Office. Section 2 states Do you have enough information to be sure of the requester’s identity? Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume they are who they say they are.

 

I urge you to stop time wasting and comply to my original request so that we do not involve the Courts. I require this information to be furnished immediately. If you have not complied IN FULL within 7 days of the date of this letter, I will file a County Court action under Section 7 and 15(2) of the Data Protection Act 1998.

 

Furthermore, I will file an official complaint with the Office of the Information Commissioner, as well as the Financial Services Authority.

 

I reserve the right to show this letter to the Honorable Court at anytime during any future action.

 

I look forward to hearing from you

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are you confusing a SAR with a CCA request?

 

sign a SAR, dont sign a CCA

 

the ppi could well wipe out your debt, which having been sold any refund would have to come to you

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Sorry for the confusion. I corrected it.

 

About the PPI - I have a few original copies of my statements and I could not see any indication that I was paying a PPI amount. Not sure if this PPI amount is already factored into the APR? Not sure how the PPI works. They shouldnt have even accepted the application for PPI when they they were checking the application and saw that i am self employed.

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ppi would appear seperately, monthly, on your statement, you def ticked the ppi box

 

and at that time cap one would have enroled you regardless of s/e or not

 

you need to look at your early statements to confirm whether you were paying it or not

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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