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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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      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.
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Barclays Default - Experian Credit Report


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Hi All

 

I was wondering if you could help me. My boyfriend and I are about to apply for a mortgage so i checked my credit report and a recent entry has been added. It relates to a Barclays loan showing as a default. I have previously requested a copy of a signed CCA which they did not provide. It is detailed in the link below:

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/216812-barclays-resolve-loan-2.html

 

I am now in the position where i have the account suddenly turn up on my credit report (previously this account had never been reported to a CRA. I've emailed Experian to ask them to remove it but just wondered if anyone has any suggestions, as i'd like to try and resolve this as soon as possible so i can get a mortgage.

 

Can i challenge Barclays on data protection grounds as opposed to unenforceability or is the only option to clear the debt somehow and have it showing as settled? Does a settled default account look bad to lenders? All other accounts on my record are perfect with not so much as a late payment.

 

Your help would be greatly appreciated.

 

Thanks

championless

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From what I understand and I'm pretty sure others can back me up on this. Defaults remain on your credit file for 6 years regardless of them being marked as satisfied. Unfortunately the very presence of a default on your credit file has substanial negative effects on your score for the duration of it being on your file.

 

The only hope you have is writing to Barclays to ask them to remove it but you will have to have valid grounds for them to do so. The fact they cant produce a CCA maybe an option. But dont expect any quick fix. It can take many months to force a company to remove a default from your file. All I can advice is be persistant and have a read of this link http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

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Debtsucks is right it will stay for 6 years, while a settled default is better than an unpaid one lenders view them exactly the same.

 

Was it a previous loan you had or something?

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Yeah it was a loan. Can I argue that the default was placed in error because my account was in dispute at the time? I know they don't have a copy of my original credit agreement but all they do is suggest I contact FOS. Will this do anything useful? They've told me they would only remove the default if it was put on in error. What can I do next?

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Did you actually have a dispute in?

 

The following is taken from the lending code but only refers to the amount been owed been disputed, not disputed in general

 

35. Subscribers can give CRAs default information about a customer’s debts if:

• the customer has fallen behind with their payments

• the amount owed is not being disputed by the customer; and

• the customer has not made a proposal that satisfies the subscriber for repaying the debt following the subscriber’s formal demand

 

As for the CCA request, they cannot enforce the debt unless they take you to court but can record it with the CRA's and carry out collection activity if they wish.

 

I personally would start by SAR them which should include the agreement and alleged default notice.

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Thanks James, that's helpful.

 

I had a dispute in the fact that i requested a signed agreement and they would not provide one other than a blank one.

 

The CRA have come back to me today saying that Barclays will not remove the default. Barclays have also come back to me themselves following my offer of full & final settlement on the proviso that they remove the default and have suggested that they would only do so if it was added in error. Can i challenge it on me not receiving the default notice? Or if they provide proof it was sent, is that considered proof that i received it?

 

Or can i make a complaint to the information commissioners office, following the subject access request, that they do not have the right to process my data in such a way?

 

Just wondering what the next step is after the SAR?

 

Your help would be really appreciated.

 

Thanks

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With regards to the CCA they are allowed to send you a copy of an agreement as long as it contains the same terms and conditions as the original. They have fulfilled their request by sending you this.

 

Like i said they cannot enforce the agreement unless they take you to court but can still register info with the CRA's.

 

The SAR will show everything they have on you and should include the default notice. If not you need to ask them where it as and request they send you a copy.

 

I have read various posts that courts have accepted templates of default notices and records of them been sent as proof but i disagree with this as you cannot identify if the default is perscribed correctly. Anyone can say they have sent something if there is no proof otherwise. I do not beleive the courts should accept hear say.

 

Try the SAR then take it from there. There is no quick fix and it takes time but can be worth it in the long run.

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They didn't register the account with any CRA. However, once they issued the default, the account suddenly registered with experianlink3.gif.

 

I've just had a thought though. The account numbers don't match up. The original account number is now different to the one listed on the default notice. AND a different sort code. Is this relevant?

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Yeah as it has to be exact.

 

The account they have issued a default on needs to be the account noted on the notice.

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Simply ask them which account the default notice refers to as it clearly is not yours.

 

See how they answer that!

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I would give it a go ask them to explain which account the default notice refers to as it clearly is not yours.

 

The incorrect details make the default notice ineligible and it should not be on your credit file.

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Need to write along the lines of:

 

I am writing with regards to the default entry you have placed on my credit file dated xxxx and the default notice dated xxxx.

 

Please confirm which account the one listed on the notice refers to as i am unable to match it any of my accounts.

 

I would also like to refer to the 4th principle of the Data Protection Act that personal data shall be accurate and, where necessary, kept up to date.

As this default notice does not relate to any account i have had with Barclays you are in breach of the Data Protection Act by adding the entry to my credit file.

 

Please provide me with a full explanation and remove this entry from my file within the next 14 days otherwise i will issue proceedings against you for breach of the Data Protection Act.

 

Something along those lines. Dont expect instant action from them but its a start and they are going to have to explain why the account number on the notice does not relate to any of your accounts.

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I was thinking i might send the SAR first, to see if they have a copy of the default before i say that i have one? What do you think?

 

Won't they just remove it and then reissue a default? Or do you think i should send the above letter first?

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I would subject access request them get all the information you need on them but you can still send the letter aswell as the bottom line is it is incorrect and shouldnt be placed on your file.

 

I beleive they can re-issue a correct notice if it is within a certain time period but if they did this just pay off the outstanding balance if you can within the period they give you. Then the matter would be resolved and your credit file clear.

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Not really it will have been on the application form but it does not matter whether notice was given or consent obtained when it comes to registering default information.

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  • 2 weeks later...

I've received information back from Barclays following my SAR. I've received:

 

8 Fiched sheets of figures relating to the account from Jun 05 - Oct 08 (At the bottom of this it states account closed and the balance shows zero. It says this exactly "STMT Produced 13 Oct 08, Reason - Account Closed, STMT SHTS 00007 to 00007,Central 2nd Cl, STMT Addr - As per a/c heading")

 

A blank 'form of agreement' as shown earlier in the thread

 

AND Statement information relating to the account number i don't recognise.

 

It looks like that at some point in Oct 08, they decided to change my account number and sort code without telling me. I also sent the letter suggested above about the account numbers not matching up. I sent this to the data exceptions team. They sent me a letter stating that they could not deal with my case and referred it to retail banking customer services (who have since said it will take until at least 1st June to get back to me, can they do that if i asked them to remove the data from my report within 14 days?)

 

But that's all that was sent. Shouldn't they have sent me more than this? Like a copy of the supposed default? Notes on the computer systems that they hold about me, etc?

 

Any suggestions about next steps?

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