Jump to content


  • Tweets

  • Posts

    • 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)  
  • Recommended Topics

  • Our picks

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

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

Hydra-vs-RBS


HydraUK
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6191 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Had to wait a couple of days to start this thread but I have commenced my quest for justice! hehe

 

1-Sep-06 - SAR and fee handed to cashiers at branch.

 

They were a bit bemused and didn't quite know what to do with the fee, but I got a reciept! Used the template.

 

After handing in the SAR I got a bit nervy and wondered if it's a bit heavy handed going straight for the throat as it where, demanding info under Data Act....but then I got to thinking about how they took 3 lots of referral charges just last month, putting me over the limit once again.

Link to post
Share on other sites

  • Replies 180
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

  • 4 weeks later...

I have just finished going through the statements and building my spread sheet but I have a couple of questions if anybody knows the answers....

 

What is the largest known claim against RBS upto date?

 

Every month I have been charged a set figure, this appears on or around the 11th of each month for the month previous, was £24 in 2000, £25 in 2001 and upto £43 currently. I think this is for the overdraft but I'm really not sure. I will ask the bank tomorrow but wondered if this is a refundable item in anyones experience?

Link to post
Share on other sites

Just got off the phone to the bank, apparently that monthly £43 is comprised of £15 Royalties charge plus £28 penalty for going over agreed limit.

 

So should I be reclaiming this penalty? Does anybody know what the scale of charges for the Royalties account has been since 2000? I asked the bank this question and the girl told me she could only tell me what the current charges are....

 

This brings me back to my first question from last night....what's the largest payout persued to date from the RBS...because I am very worried. If I add all these penalties into my spreadsheet I think my claim might exceed £10k BEFORE interest.

 

This is in a whole different league from the posts I have been reading here.....

 

:confused: :confused: :confused: :confused:

Link to post
Share on other sites

You cannot claim the royalties charges, but the £28 "over your limit" charge is claimable. As for the amount of the claim, there have been similar/ larger amounts (although not too many), but the same principles apply. Just make sure you split your claim to meet the thresholds of small claims etc to avoid the potential exposure to legal costs.

 

Hope this helps.

J

  • Confused 1

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

Link to post
Share on other sites

good luck, hydra, just keep reading faq's and as many threads as you can, cut and paste, and relevant advice, to your claim, into a word document, that you can refer to, and try to have your next step ready in advance, then they know your serious, if you stay on the timetable. also try to follow the people at the same stage as you, i find this useful.

Link to post
Share on other sites

  • 1 month later...

Can anyone tell me what the Royalties charge has been over the last 6 years? I've seen it somewhere here in my forum travels but I can't seem to find it now....

 

In order to get this 'action' moving could I claim for the overdraft penalty separately, at a later date?

 

Been a bit slack due to holiday etc but really trying to get things moving now so any pointers would be appreciated.

Link to post
Share on other sites

depends what royalties scheme you are on (gold/ premier etc)

 

You should be able to tell from your statements how much it is as it will come off your statement on (or around) the same day each month.

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

Link to post
Share on other sites

Davefirewalker posted a list of charges on my thread Seawall vs RBOS, but I was not sure when the charges increased. RBoS unsurprisingly declined to furnish me with the info.

 

As you have probably found out, the Royalties charge for us poor sods in the mire with RBoS is always disguised by a penalty added to it.

Prelim letter sent to RBoS 8/8/06 letter passed to another department...and Tommy fob off arrived

LBA sent 29/8/06 £2646.64 claimed - no reply

Claim entered 26/09/06 £2716 + interest. Not acknowledged so Judgment requested 17/10/06

Judgment in default 28/10/06:lol:

Cheque finally arrived 24/11/06, ring Group Litigation on a daily basis - you know it makes sense...:D

GE Money prelims sent for ERCs and charges on 2 accounts 18/10/06

LBAs on 2 accounts sent 5/11/2006

 

2nd claim against RBoS in 10/11/06, with threat of compounded contractual interest, c'mon now, concentrate...

Link to post
Share on other sites

Yes, thats the problem I have. They will only tell me the current charge but not when it went up, and the Royalties Prem charge is, so far as I can see, invariably applied together with the O/D penalty so without knowing what/how/when regarding the Royalties fee I can't extract the O/D figure.....

 

I think I will claim for these charges separately, seeing as my total so far without interest is IRO £8k, this will give me more time to hopefully get to the bottom of this.

 

Thanks for your replies

Link to post
Share on other sites

i am sure royalties premier is 15 quid. Before that royalties gold was aout 11.

 

Look at your statements, and if you see a month where you should ot have any charges and there is one for this amount, then thats what yoou are looking for. Like i said, it is easier to identify because they are nearly always taken on the same day of the month.

 

j

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

Link to post
Share on other sites

  • 2 weeks later...

Just had a call from a very pleasant lass at my branch, following my initial letter. She had passed my complaint to customer relations who had ordered up a complete set of statements for me which had arrived and would I like to collect them.

 

I pointed out that I had already received statements and that the charges had been extracted into the the schedule I had supplied.

 

She then said that the bank required that I indicate the charges on statements and not just list them, as in the spreadsheet.

 

She said that this was to be policy 'from now on'.

 

WTF???? Has anyone else had this tried on or is it just for my benefit?

 

Where is this leading?

Link to post
Share on other sites

Just had a call from a very pleasant lass at my branch, following my initial letter. She had passed my complaint to customer relations who had ordered up a complete set of statements for me which had arrived and would I like to collect them.

 

I pointed out that I had already received statements and that the charges had been extracted into the the schedule I had supplied.

 

She then said that the bank required that I indicate the charges on statements and not just list them, as in the spreadsheet.

 

She said that this was to be policy 'from now on'.

 

WTF???? Has anyone else had this tried on or is it just for my benefit?

 

Where is this leading?

 

I would not entertain them. Just stick to the tried and trusted method. You have highlighted the charges to them.If they choose not to accept the information you have supplied what are they going to do not payout? I dont think so. I would call them back and explain to them that they have all the information they require to identify the charges tell them that if it helps you will give them your account number!! Also inform them that you will take a dim view of any further stalling tactics which the bank are adopting and report them accordingly.

Link to post
Share on other sites

Told 'em 'HELL NO!' and they said they would see what they could do....

 

Just as an aside, I can't see anywhere where it says if the various deadlines (i.e 14 days from prelim to LBA, 14 days from LBA to Moneyclaim, etc.) are working days or actual days...

 

Can anyone enlighten me?

Link to post
Share on other sites

I did it as actual days on both of my actions, go with that and hit them hard...

__________________

HSBC £3829.00 Prelim letter sent 17/7/06 :wink:

£1996.00 Offered 9/8/06 :rolleyes: .. See you in Court!

MCOL Filed 15/08/06 :)

DG response asking for info 8/9/06

 

RBOS S.A.R - (Subject Access Request) sent 12/07/06 :cool:

Prelim letter sent 29/8/06 £2552 requested!!!

Link to post
Share on other sites

Told 'em 'HELL NO!' and they said they would see what they could do....

 

Just as an aside, I can't see anywhere where it says if the various deadlines (i.e 14 days from prelim to LBA, 14 days from LBA to Moneyclaim, etc.) are working days or actual days...

 

Can anyone enlighten me?

 

Its actual days and not working days.

Link to post
Share on other sites

Well here's a turn-up! They only asked me for all my statements 2 days ago but today's postie brings me a special delivery!

 

Charges are fair....do not accept OFT findings...no industry consultation....offer of £2202 as good-will, full and final etc etc.... Bless!

 

Accepting offer as interim payment.

 

Now off with the LBA?

Link to post
Share on other sites

Hydra, If your letter is from Tommy "Big Mac" McLean, that is great news. That way, I reckon you will be offered the full amount by the end of next week...latest. Get the LBA off now. Tommy is a pleasure to deal with and very approachable on the phone, should you wish to call.

 

Can you smell the dosh? can you? CAN YOU???

 

j

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

Link to post
Share on other sites

This letter is from branch level...will that slow things up?

 

Money will be good, I just have to keep the wife away from word processors until I get the LBA posted - she's all for accepting.

Link to post
Share on other sites

20th November 2006

 

 

LETTER BEFORE ACTION

 

Dear Mrs Egan,

 

ACCOUNT NUMBER: xxxxxxxx sort code 16-33-20

Thank you for your letter.

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account.

I accept your offer of £2202 as an interim payment toward the total sum of MY money taken from the above account, as penalties, by yourselves and on the clear understanding that I will pursue recovery of the remainder with a County Court claim if necessary, whereupon interest charges of 8% from the date of the offence will be added.

I appreciate your position regarding the OFT ruling but the fact is that banks ARE overcharging and this has been upheld by countless rulings by The County Court.

My position, however, remains unchanged - I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations.

I would again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

It is shocking that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

I have re-calculated charges to include those imposed this month and the total now stands at £8261. I am enclosing an updated copy of the schedule of the charges which I am claiming. I require repayment in full of this money.

If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

 

Yours sincerely,

BOMBS AWAAAAAAY!

Link to post
Share on other sites

My original claim was for £8171, they offered £2202 as full and final settlement/good-will/fob-off.

 

It's gone up to £8261 now because they hit me with another £90 in referral charges on the 8th....

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...