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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • 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.
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      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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    • 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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Thank you Andy. I sent it all off but did not enclose the N9b form! Can I fax that to them on Monday? In my envelope I put the AQ, an EX160 form and evidence, a copy of the PPI schedule (together with fax report as proof that I tried to fax it to them but was bouncing back for some reason). Hope I can get the N9b to them on Monday as that's the deadline!

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Yes Pru make sure you attach a cover letter and clearly state the claim number.

We could do with some help from you.

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Hi Andy, spoke to Northampton and as they already have my Defence and Counterclaim submitted online, it's OK just to pop the actual N9B form in the post. Just checked online and AQ etc all received. Now to wait for the next stage. Is there anything I need to do in the meantime?

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Just follow procedure and let the Court Direct.Use this period though to research your Counter Claim and understandings as to the basis of your claim.

We could do with some help from you.

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Thanks Andy and I certainly will. Reading as much as I can. Have learned so much already. This site is wonderful and you & the other guys here are angels (or knights in shining armour - take your pick!) Pru

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Andy, just had a thought, the amount of counterclaim is about £700 less than the amount claimed (without calculating the 8% on the top). Is my claim for balance of PPI settlement or is there that and some other element that can be quoted as to the make up of the claim? Sorry if I'm rambling.

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Hi Pru

 

If you have used the right to offset your CC, then you are left with a balance of £700 to defend/admit unless you can argue that their figure is not a true reflection of your indebtedness to the claim.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Pru responding to your PM

 

Nothing to worry about it is normal for them to request yes to settlement as per the overriding objectives CPR PT1.Obviously they have had the schedule because they then refer to it further in their AQ.However for the benefit of doubt check with them and email if necessary. There will be a balance as we have already discussed which in the event of the claim proceeding would be placed in SCT.Hardly worth it for the remaining balance should your CC be successful.

 

I do envisage a possible Tomlin Order on the horizon:wink:

 

 

Regards

 

Andy

We could do with some help from you.

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By the way ANdy, I hae not received a response to my 31.14. Do I need to do anything about that? In their attachments to the AQ/response to Defence/Counterclaim Defence I received today, there was no DN or full statement showing full breakdown of the amount. There was only a statement of the account from when they took over; a letter (which by the way is not on headed paper and has their name & address actually typed at the top) allegedly from them to me 'introducing' themselves and demanding payment and thirdly a copy of the application form.

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Hi Prudence

 

You did re request all documentation within your draft directions within the AQ didn't you?

We could do with some help from you.

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Oh yes Andy.....sorry.....:oops:

I will go through their documents with a fine tooth comb and no doubt come back here for your invaluable help if you don't mind. Thanks again, Pru

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No problem Prudence.

 

Regards

 

Andy

We could do with some help from you.

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  • 2 weeks later...

Hi Andy

Rcvd letter from Slink - re my PPI claim schedule - they say inappropriate to calculate interest on the rate of APR (as is merely a comparative rate and not actual rate of interest charged under contract). They say also the schedule contains no details of how calculations arrived at.

 

They go on to say they are unable to ascertain how i have calculated sums of interest anywhere near that arrived at and they require strict proof at trial both in terms of quantum and the basis of my calculations if counterclaim to proceed.

They look forward to receipt of qualification of the calclations should this proceed to trial.

 

Among my initial thoughts is... and they could not justify a penny of the sum demanded by them of me when they send me the SAR data!!! They could not tell me how the sum was calculated, only that it had been assigned by mbna to them.

As always your advice would be much appreciated.

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Prudence, which spreadsheet did you use for your calculations and did you use the information from your statements ?

 

I have attached the current updated spreadsheet the use of which would be agreed by the Financial Ombudsman.

 

I have also attached something you can use to work out the interest rate you need to include.

 

I will send out an SOS to someone who will be able to advise what you need to say to the claimant in respect of how the calculations are arrived at.

 

FosRunningPPI v102.xls

 

MonthlyToAPR.xls

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Uploading documents to CAG ** Instructions **

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Wait for the cavalry Prudence lets see what ims21 makes of their comments.

 

Regards

 

Andy

We could do with some help from you.

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Hi

 

Responding to CB's SOS.

 

If you used the spreadsheet called "CISheetV101", this is a pure compound interest calculator which compounds the interest to the principal amount daily and works out the resultant interest due on an amount between the date a charge was incurred and the "claim to" date.

 

For reference, the formula for compound interest is

 

x * (1+DailyRate) ^ y - x

 

Where x is the principal amount (the charge) and y is the number of days elapsed between the charge date and the "claim to" date.

 

In answer to the question that they want to see how the interest is calculated you can provide a copy of the Excel spreadsheet without any data entered into it as this will show the formulae used in the relevant cells.

 

As mentioned in earlier posts, the rate to use is at least the rate they were charging you. You can go for a higher rate of interest in restitution and there are documented successes on CAG for this. The principle is that the business earned at least their rate on the charges they applied to the account but would also have made profit on that money. If the charges themselves are unlawful then so is the interest they charged you and so is the profit they earned from them. The principle of restitution is that to put things back where they would have been then the business should e relieved of those unlawful profits as well. This is the basis of the Sempra Metals case law.

 

No.4 in my signature has further information on the principles of restitution.

 

In summary you now have the formula to explain how your figures are arrived at and the justification for them.

 

With PPI claims through fos, they do not recognise the principle of full restitution whereas the courts do (as is evidenced by Sempra).

 

As far as the 6 year time barring goes, Andyorch can advise on the legal side of this but S32(1)© Limitations Act 1980 (payments made under a mistake) has been used successfully and case law is Kleinwort Benson -v- Lincoln City Council.

 

ims

 

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Many thanks ims21 for clarifying the calcs.

 

Prudence, you ok with the above?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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