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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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    • 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.

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      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.

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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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Link Claim Forms -MBNA debts


Prudence
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Hi, to update I have now received a letter from Link asking me to send the ppi payment I have received to them. They say mbna contacted them and told them that they had sent it to us! IMS - I cannot open the spreadsheet you sent me, it says 'it is password protected or encrypted' ? I have been through the statement I was sent in the SAR and the charges are made up of the following:

Cash Withdrawal Fees

Promotional Cash Interest Charged

Over Limit Fees

Promotional Retail Interest Charge

LateCharges

Retail Interest Charged

Cash Interest Charged

 

Are any of these claimable? The charges are a substantial part of the balance (balance c£4k).

I would be so grateful for further advice on this.

Many thanks, Pru

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Hi, to update I have now received a letter from Link asking me to send the ppi payment I have received to them. They say mbna contacted them and told them that they had sent it to us! IMS - I cannot open the spreadsheet you sent me, it says 'it is password protected or encrypted' ? I have been through the statement I was sent in the SAR and the charges are made up of the following:

Cash Withdrawal Fees

Promotional Cash Interest Charged

Over Limit Fees

Promotional Retail Interest Charge

LateCharges

Retail Interest Charged

Cash Interest Charged

 

Are any of these claimable? The charges are a substantial part of the balance (balance c£4k).

I would be so grateful for further advice on this.

Many thanks, Pru

 

Hi

 

There are areas in the spreadsheet that are protected to prevent accidental alteration of formulae.

 

The cells you need to edit are all accessible, they are D5, D6, D7, D8, D9 and D10. Also in the white section Columns A, B and C.

 

The charges you can claim back in your list are...

 

Over Limit Fees and Late Charges

 

Regards

 

ims

 

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Thank you so much IMS for your speedy response! I can't open the spreadsheet at all, is it anywhere else where I can try to access it? Also, shall I reply to Link? Best wishes, Pru

 

Hi

 

When you try and open it in Excel, what message do you get?

 

Regards

 

ims

 

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Hi IMS, sorry to be a pest but am I doing something wrong - I've managed to put in the details and when I list each item the 'Total of Charges' increases but the 'Total Compound Interest' just shows #NAME? ???

Also where it asks for APR I entered 23.9% which is quoted on the agreement as being the standard interest rate p.a. so hope this is correct?

Many thanks for your help with this, Pru

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Hi Pru

 

Interest rate is fine.

 

You had some trouble downloading this sheet. Maybe the protection is interfering somewhere. I've attached an unprotected copy which may solve your issue.

 

Remember, only change stuff in the blue section for cells D5 to D10 and the heading in cell A1.

 

Also, only enter list data in the white section for columns A, B and C....DO NOT change anything in columns D and E.

 

Make sure your dates are entered in the format of dd/mm/yy

 

Regards

 

ims

 

CISheetU.xls

 

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  • 4 months later...

Hi All

Sorry for posting this here first of all but I didn't understand (a bit 'Twitter' ignorant I'm afriad) about "putting in the prefix to tweet to the company"???

Anyway my thread re MBNA is linked below but I wanted to ask a quick question, how could they have got hold of my work telephone number? I was shocked when they rang me today as I wasn't even working there when I originally took out the MBNA credit card over 12 yrs ago! They definitely did not get it from any family. I am concerned as to how this information is obtained. Many thanks, Pru

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?280697-Help-with-MBNA

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cra file

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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192.com

 

you must have given it out at some point somewhere

else the info is gotten by a search engine

though usually this comes from DCA's working for MBNA?

 

but anyhow

 

its against all guidelines and rules for them to contact you at work

 

TELL THEM to remove the number and never use it again

and CONFIRM in writingthey have does this else you will escalate the complaint.

 

you really need to keep to one thread per 'debt'

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Thread moved to Legal Issues Forum.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Thanks IMS for coming back to me. I did receive a payment from them for PPI but I never did work out the other charges that had been applied to my account... life got in the way! Can you advise how is the best way to proceed please?

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You will need to prepare an updated spreadsheet for the charges plus interest and see what impact it would make on the amount owed.

 

This will form part of your defence and counterclaim.

 

What is the date of issue of the court papers?.....you now have a strict time-line to keep to

 

ims

 

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Ok your time-line is as follows:

 

Date of issue 10/4 + 5 for service = 15/4 + 14 to acknowledge the claim =29/4 + 14 to get your defence in (if you are defending) = 13/5/12.

 

Get the figures done so you can see what impact it has on their claim amount.

 

Can you post up their Particulars of Claim (no personal information of course)

 

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Thank you very much. Particulars of claim:

 

The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxx and opened effective from xx/xx/1998. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required under the terms of agreement and by xx/xx/2002 a default was recorded. As at xx/xx/02 the Defendant owed MBNA Europe Bank Limited the sum of 4xxx.xx By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective xx/xx/2002 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims:

1. 4xxx.xx

2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per annum from xx/xx/2010 to xx/xx/12 of xxx.xx and thereafter at a daily rate of .95 to date of judgment or sooner payment. Date 10/04/2012

 

I shall work on the figures this evening. Thanks again.

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How can Link claim an amount (incidentally which includes the PPI) that they were never able to substantiate (DSAR). I don't remember ever receiving any letter of assignment, I don't believe I received it in the DSAR data either (will check it out when I dig out the paperwork this evening). The PPI was an extremely suspect situation - I had clearly indicated on the form at the time that I was self-employed. Someone else had ticked the PPI box and confirmed it with a rubber stamp, several months after my completion and their receipt of the application form!

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How can Link claim an amount (incidentally which includes the PPI) that they were never able to substantiate

 

They can claim whatever they like, the question is whether they can prove it :-)

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