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    • 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.
    • 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.  
  • Our picks

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

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

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

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

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Barclays Default - Experian Credit Report


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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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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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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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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 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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  • 3 weeks later...

They cannot just change your account number without informing you.

 

As for the sar they should be sending everything they hold on file. but the bit you mention about account closed balance zero you need to find out if they have chosen to write off the outstanding balance or whether there was even one in the first place.

 

Quite important that bit.

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To my knowledge if the account you are familair with has been closed at zero balance and nothing owing on it and they have then opened a new account without informing you and have never informed you of any outstanding balance on that account i dont see what leg they have to stand on.

 

As far as your concerned your original account has been closed with nothing owing.

 

You are going to have to see what comes up in the SAR but it will more than likely be a case of you proving they did not inform you of the new account. For any new accounts they would have to have your consent and signature.

 

That been said why would they need to open a new account then transfer an outstanding balance to it?

 

All questions that need answering and you need to put this to the bank. upon their response make your complaint to the FOS.

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  • 4 weeks later...

Just a case of seeing what the come back with.

 

All account details, transactions, letters they have sent, default notices, computer entries should be included.

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  • 2 weeks later...

There is no record of any default neither a notice of intention to file a default giving you 28 days. Without both of these they have no grounds to file a default on your credit file.

 

With regards to the account i am struggling to see how they can justify what they have done. As far as you are concerned the only account you are familiar with is an account that has been closed with a zero balance and is the only account that has been included in your SAR.

 

Any other accounts they refer to are irrelevant as you have never applied for it, neither have you agreed for it to be opened.

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Yeah thats a good start see what they come back with.

 

They owe you the explanation as they cannot just change an account number as they feel free. Each account is unique and needs to be applied for.

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Just a standard kop out reply from them.

 

Send them this, its the letter i used for 3 defaults all of which were removed. Also added bit about the new account.

 

I refer to the default entry on my credit file dated xxxxxxx.

 

At this time you were subscribed to the Banking Code. Although a membership was voluntary once signed up you had to follow each and every provision.

 

I would like to bring to your attention Section 13.7 of the Code: In these cases, we will give you at least 28 days’ notice that we plan to give information about the debts you owe us to credit reference agencies. At the same time, we will explain the role of credit reference agencies to you and the effect the information they provide can have on your ability to get credit.

 

Further to the above I would also like to bring your attention to the Information Commissioners Guidance on Defaults.

 

Notices of intention to file a default

Notices to comply with Sections 13.7 of the Banking Code and 7.5 of the Lending Code should provide adequate warning Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

 

At no point did I ever receive such a notice giving me 28 days to rectify the situation. Also no such notice was included in my recent Subject Access Request which if present should have been. The fact it was not suggests no notice was ever sent.

 

Taking all of the above into account I believe you have breached the fourth principle of the Data protection Act in that the data has not been processed fairly. You have also breached the Banking Code which was in place and you were signed up to at the time agreeing to abide by the conditions laid down.

 

Furthermore the default you have placed on my file relates to an account i did not even know existed. At no point did you inform me of any account change neither did i sign any documentation which would be required in order for a new account to be opened. Please provide me with evidence of me acknowledging and agreeing to any account change.

 

I look forward to receiving a full explanation at you earliest opportunity. An unsatisfactory response will leave me with no option but to commence legal action against you for breach of the data protection act.

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Send the letter it asks them to prove they notified and that you agreed then no matter what account the default is on there is the fact they have not followed the correct process of issuing the default.

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  • 2 weeks later...

Send them a further reminder letter with a copy of the original enclosed.

 

Failing that make your complaint to the FOS

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Threaten them with legal action for defamation and ruining your credit worthiness. As their actions are preventing you with gaining a mortgage and aslong as you can prove that than you can also claim compensation as you are losing out on credit due to their actions.

 

Threaten them with it and actually follow it up if they fail to respond.

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  • 2 weeks later...

Yes thats right as above section 35 lending code am sure it is on the ICO guidance on defaults too.

 

Did the default letter state what they say it does ie the 28 days.

 

Aslo they state you were sent 14 arrears notices all containing the new account numbers. Do you have any of those? The copy of the letter dated 26 June informing you they were changing the account do you have that too?

 

James

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Yeah they have given you notice of 28 days aslong as there was 28 days in between then the notice is valid.

 

What they shouldnt be doing is adding defaults to your file on an account that is in disupte. Breach of Data Protection Act.

 

Let me know what the notices say. As for the letter it should have been included in your SAR. If they have it there is no reason not to give you it.

 

Banks seem to rely on computer records indicating that letters have been sent but without proof it is all hear say as anybody can say a letter was sent whether it was or not.

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  • 2 weeks later...

I would write to them one more time heading the letter

'Letter before Action'

 

Give them one last opportunity to proivide you with the documentation they are relying on and which should have been included within the SAR. You will have then given them numerous opportunities to resolve the matter.

 

Then i think your only way forward after that will be to take them to court for breach of the data protection act.

 

They will then be obliged to produce the information they are relying up on.

 

These things are not straight forward and easy but it is sometimes a case of shooting major organisations down if they are in the wrong and making sure your rights are not ignored. :)

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You need to request the arrears notices they claim to have sent and the letter informing you they had changes the account details.

 

Its more of a data protection matter than a financial one and would fall under the ICO. Wouldnt waste your time with them they can take in excess of a year to answer you.

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Not necessarily your best bet is court action but even then there are no gaurantees.

 

It all depends on whether you are happy to have the default or take it to court and get them to prove themselves in court.

 

Most of the time when people threaten them with court action they take it as idle threats.

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