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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
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lombard loan from 2002 still being chased in 2013


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Firstly I have been successful in getting back my PPI on this particular loan.

 

However, the bank decided to keep it to reduce the loan amount owing.

 

The loan was £5600 and the PPI amount kept by the Bank (RBS) was £4400 so I am left with Arden chasing me for the remainder.

 

This despite many previous letters offering a huge discount if I had settled.

 

I'm not in a position to pay this and would like some advice on how to reply to Arden.

 

Should I make a silly offer.

 

This latest letter from Arden has said that if I do not reply or contact them the debt will be transferred to

another DCA who in turn will instruct a visit to my home to discuss my reasons for non-payment.

 

Received on the same day another letter from Idem Servicing which is a Notice of Sums in Arrears a

nd shows the amount taken off from the PPI repayment.

 

So who are idem Servicing, are they part of Arden, does anyone know?

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Idem Servicing recently took over Arden Credit Management, who are, as Vic says, part of the Paragon Group.

 

Since Idem took over Arden, they have really gone downhill. If you search "Arden" on CAG, you'll not find anywhere near as many complaints as you will with other DCAs. However, I have the feeling this will soon change as their incompetence now seems to be approaching that of people like Lowell, Rockwell and Mackenzie Hall.

 

I'll be posting about Arden's latest fiasco soon - once they've replied to my latest letter.

 

However, back to the point - Arden do seem to back off when in receipt of an adequately worded letter, so firstly, have you sent a CCA request to Arden? How much is still owing? Send them the In Writing Only and the No Doorstep Visits letters. They shouldn't pass on the debt without supplying a valid CCA and if they don't, then the debt is in dispute. This means they also shouldn't sell it on and you can tell any subsequent DCA just that, using one of the letters in the CAG library.

 

Have you investigated unfair/illegal charges to reduce the balance further?

 

Hold off on offering a full & final for the moment and let's see what more we can discover. Let us know if there's anything you need.

 

H. x

 

 

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Before you do the above how old is the debt? Was your last payment more than 6 years ago? if so it is statute barred

 

Agreed, as the off-set PPI refund shouldn't restart the SB clock as far as I'm aware. It does depend on when you last made a payment though and if you have acknowledged the debt in writing within the 6 year period (5 in Scotland). If you do think it's possible that you might go down the SB route, then be absolutely sure of your dates before sending anything.

 

H. x

 

 

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Firstly I have been successful in getting back my PPI on this particular loan. However, the bank decided to keep it to reduce the loan amount owing. The loan was £5600 and the PPI amount kept by the Bank (RBS) was £4400 so I am left with Arden chasing me for the remainder. This despite many previous letters offering a huge discount if I had settled. I'm not in a position to pay this and would like some advice on how to reply to Arden. Should I make a silly offer. This latest letter from Arden has said that if I do not reply or contact them the debt will be transferred to another DCA who in turn will instruct a visit to my home to discuss my reasons for non-payment. Received on the same day another letter from Idem Servicing which is a Notice of Sums in Arrears and shows the amount taken off from the PPI repayment. So who are idem Servicing, are they part of Arden, does anyone know?

 

 

A portion of the PPI refund would have included statutory interest of 8%. As far as I know, that is due to you and they can't offset that against your indebtedness. (That's your compensation.)

 

I was in a simiilar situation but LTSB, despite threatening to keep the lot and offset it in total against my outstanding loan, refunded me in full (and are still chasing the debt).

 

Perhaps one of my fellow CAGgers can advise on this.

 

 

 

Impecunious! :-)

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A portion of the PPI refund would have included statutory interest of 8%. As far as I know, that is due to you and they can't offset that against your indebtedness. (That's your compensation.)

 

I was in a simiilar situation but LTSB, despite threatening to keep the lot and offset it in total against my outstanding loan, refunded me in full (and are still chasing the debt).

 

Perhaps one of my fellow CAGgers can advise on this.

 

 

 

Impecunious! :-)

 

Indeed – and they are withholding moneys that you should be paying to the taxman (as the 8% is technically taxable, I’m afraid). Don’t think HMRC would like that!

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  • 4 months later...

I have now had 3 doorstep visits from Resolvecall, although I only answered the first one, after which I sent them the standard letter re doorstep callers as advised by this forum. This letter included the withdrawal of all permission implied or explicit for any representative to come to my property and I also added that no resident of this property recognise any liability to Resolvecall or any company they claim to represent, as I have had no dealings with this company before.

 

However another letter from Resolvecall informs me that as part of the credit agreement I signed and entered into, I agreed to pay the full outstanding balance and that where necessary the creditor could recover the debt by outsourcing the debt to a third party which included by way of doorstep collection. The second paragraph of their letter reads "Therefore the licence you state that has been revoked is irrelevant which for the avoidance of doubt we do not agree to, is not binding on us as it does not fulfill the relevant principles of contract law" I have no idea what this means or to what is refers.

 

They end with stating that they are entitled by law and under contract to recover monies outstanding and can take rteasonable steps inn accordance with regulatory guidance, which I assume means they can send someone round.

 

I'm now wondering where I go from here. This debt by the way is the remainder of a debt for which I reclaimed PPI which the bank kept to write off the debt and left just over £1000 owing, so they have had a huge chunk of money back anyway.

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Contact the OFT, they are breaking the OFT Guidelines in Debt Collecting, they are talking claptrap as you can revoke their access to your property, it is not subject to their misinterpretation of guidelines or law.

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What is the debt regarding? Loan, Credit Card, Account etc. ?

 

You stated that you claimed back the PPI, Did you claim back the unlawful penalty charges as well?

 

As to anyone turning up, tell them to leave your property immediately or you will call the police, if they refuse, call the police and they will remove them on your behalf, doorstep collectors have no legal powers, are not bailiffs and cannot take your doorstep regardless of their fetish!

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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You need to tell them to get stuffed; you cannot afford the payments and offer them what you can realistically afford. If nothing, then offer them nothing. They cannot force you to pay anything more than you can afford. Go to the CAB debt people and have them do an income and expenditure form and deal with them.

 

Tell them to stop contacting you. Do not answer them on phone or door and if one comes phone the police as they are trespassing or move them by force. Shout go to hell at them at the top of your lungs and the police are on the way and slam the door shut.

 

Send the letters again saying you are calling the police and they are in breach of trespass and the moment one comes call the police. And then get professional help.

 

If they take you to court tell the court you can only afford a small amount and they have to take your circumstances into consideration. The idiots cannot force you to pay and they cannot make threats. You may have signed something but that does not make it fair or legal. You may not have read it properly or felt pressured.

 

You need to ask them to send you the original agreement and a full list of statements that you have from the loan at the start to now. If they cannot do this within 28 days you do not have to pay. They cannot force you to give them any financial or personal information or ask anyone else for it. They cannot take your goods.

 

They cannot come into your home. They cannot come to your home without your permission and if they attempt to take you to court, get someone to go with you who is an expert in debt and counter claim for anything you can: fees, charges, interest, PPI and for harassment compensation. Do you know anyone who can open the door to them other than you, who is a bit more street wise?

 

I do not recommend violence but a few harsh words on the reality of just where they stand before the law and what you think of them and their debt would just about make sure they do not come back and save you from facing them.

 

Above all; stop being afraid and stop worrying them: they have no legal powers at all and cannot force you to pay if you do not have the money. Stand your ground: you have rights: enforce them.

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You've been advised in a previous post to wash your doorstep, so that it's nice and clean for them.

 

It would be quite a coincidence if you were to wash it, just as he was about to knock - and as we all know, doorstep washing always commences with a good sluice down with a bucket of cold, icy, water!

 

Whoops!

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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Have they provided you with a copy of the agreement where their statement, that you agree to permit doorstep callers, is mentioned ?

 

The OFT guidelines state that they cannot just arrive on your doorstep without an appointment !

 

The fact that they have now made 3 doorstep visits, borders on harassment.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

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

2: Take back control of your finances - Debt Diaries

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

4: Staying Calm About Debt  Read Here

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

BCOBS

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

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

3: Banking Conduct of Business Regulations - The Hidden Rules

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

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

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

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

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Have they provided you with a copy of the agreement where their statement, that you agree to permit doorstep callers, is mentioned ?

 

The OFT guidelines state that they cannot just arrive on your doorstep without an appointment !

 

The fact that they have now made 3 doorstep visits, borders on harassment.

 

No they haven't, but I have written and asked them to provide it, so I will wait and see what their response it.

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No they haven't, but I have written and asked them to provide it, so I will wait and see what their response it.

 

:)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

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

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

2: Take back control of your finances - Debt Diaries

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

4: Staying Calm About Debt  Read Here

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

BCOBS

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

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

3: Banking Conduct of Business Regulations - The Hidden Rules

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

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

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

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

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oh good old resolve call, had the same problem with ex,, they said the same bullocks but with the help of Boo and Brig sent them a really nice letter on behalf of mrs ex and in no uncertain terms told em they were talking bullocks and the police would be called etc and to add a little flair, explained to them in no uncertain terms that they certainly were not above the law of the land... Letter back saying we know that blah de blah, we won't be calling again !!!!!!!!!!

[sIGPIC][/sIGPIC]Happyhippy1959

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I did find a link some time ago for doorsteps for dolls houses, you could always get one of those and send it to them to save the bother - I often wonder now if there is a warehouse full of doorsteps somewhere.

 

My favourite line at the moment is

 

'You cannot send somebody round to collect my doorstep as it has already been taken, and the neighbours in my lock are complaining about lack of access to the building."

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