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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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HPH2/? Claimform - Old 2009 Santander Overdraft 'debt' ***Settled by ADR ***


Ladylovessalsa
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Hi there

 

Just needed some advice re: the above.

 

This was originally an unauthorised overdraft from Abbey that I was paying off bit by bit

 

Abbey forwarded it to 1st Credit.

 

I sent the CCA letter to 1st credit and in response

they sent me a statement but not a signed agreement.

 

Sent them the account in dispute letter and was sent the attached response.

 

Just want to know what do I do with this?

 

What does it mean?

 

Let me know

 

ladylovessalsa!

1st Credit response.pdf

1st credit letter 1.pdf

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Overdrafts are not completely covered by CCA they are exempt from part V of the act which refers to the form and content of an agreement. You will only be able to get a statement of account via a cca request.

 

Your link above was only to photobucket site, not your document

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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  • 2 weeks later...

Hi,

 

Now, Worst Credit don't seem to understand what they are doing as you CCA'd them for an overdraft

which isn't generally covered by the CCA 1974 (part v exemption)

and then they say they have put the account on hold because they can't provide the agreement:confused:

 

All they should have needed was a little info from Shabby to enforce this debt unless Abbey have totally screwed up and don't have this info.

 

Anyhoo, while they have their heads up their ar*e I would sit back and relax but

don't be surprised if this pops up again once they realise their error or they flog it on to some other lowlife.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Ladylovessalsa

 

I had an Abbey Overdraft when I had my financial problems.

The (overdraft) debt was sold to a DCA.

 

DCA eventually contacted me for the debt.

 

I then cca'd the DCA (I was aware about the cca exemption, but I cca'd them anyway)

 

DCA after a few months sent me a copy of the application form used to

open the A.N. bank account.

I noticed on the application form that the option for overdraft had been ticked as 'no'.

 

I therefore wrote to the DCA (amended a template to use for my particular case) telling them that I never had an overdraft for that account. If they look at the application form they'll see that option for overdraft is ticked as 'no'

Also, if there was an overdraft for that account, I want to see the letter with terms etc that Abbey would have provided me - and besides when the account was closed the balance was zero (tbh I hadn't a clue what the balance was when the account was closed).

 

The DCA after a few more months (by this time the account had been closed for nine years) managed to send me a couple of years worth of my bank statements - however all on blank A4 paper (that anyone could have typed).

And the balance WAS ACTUALLY showing as zero :) with the final transaction showing the actual balance being transferred to ANPF (Abbey National Personal Finance).

 

So I then wrote to the DCA stating, "I told you so" :) the balance of the account when closed was zero - plus they still haven't provided anything in writing from Abbey saying that I indeed had an overdraft.

 

I haven't heard from that particular DCA in almost a year now.

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They will put it on hold then come back and say there does not need to be an agreement for an overdraft because of the part v yada yada so pay up

 

At which point you tell them that actually yes there does have to be an agreement since an overdraft is covered under section 10 of the cca. However, if the oc had a part v exemption (technically they have to prove this) then the agreement does not have to be in the prescribed format in part v BUT it does still have to exist.

 

As helen said above, without any paperwork they are just some bloke saying 'you owe us money'

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Hi,

 

Now, Worst Credit don't seem to understand what they are doing as you CCA'd them for an overdraft which isn't generally covered by the CCA 1974 (part v exemption) and then they say they have put the account on hold because they can't provide the agreement:confused:

All they should have needed was a little info from Shabby to enforce this debt unless Abbey have totally screwed up and don't have this info.

 

Anyhoo, while they have their heads up their ar*e I would sit back and relax but don't be surprised if this pops up again once they realise their error or they flog it on to some other lowlife.

 

technically it is perfectly correct to cca for an overdraft in the first instance. It is for them to prove part v exemption not for you to assume and THEN they still have to come up with an agreement (usually a letter stating apr limit etc which must have been sent within 30 days of you agreeing the od with the oc) and compliant DN

 

I'm struggling to know what all the fuss is about

 

the letter is a final response

which says we cannot enforce goodbye,

which you put somewhere safe and forget about them

 

Never converse with the reigate rabble unless you really have to - for one thing the never answer your questions

 

, just send a load of drivel..

 

Think I might get my son to do them a letter next time,

 

he's 6 so he should have a lot in common with them

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  • 1 year later...

Hi there Caggers!

 

Well as the Bear predicted.

.. this debt has returned and now Abbey have sent it to Moorcroft.

 

I sent them a CCA and put the account in dispute (getting good at this)

 

and they have sent me the following response,

 

what does it mean and

 

what should I do now?

 

Lx

Moorcroft scan.pdf

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  • 1 month later...

Hi all,

 

Well, left Abbey and a £2.5k overdraft around 3-4 years ago.

 

They keep sending the debt to various debt collection agencies and adding more money on

but the upshot is that I only want to deal with Abbey and not the debt agencies.

 

They have now passed it to Moorcroft and

I have sent them a CCA to which they have responded that although they can't provide a copy of the agreement

it means that I'm still liable and that I have 14 days to contact them.

 

I sent them the account in dispute letter and then I think they sent me a letter from a company called 'Midas Legal Services' or something

about saying that they were going to get legal on my derriere...

 

I sent them a letter that said the debt has not been acknowledged and that I should not have to remind solicitors la la la..

. and now they have sent me the home collections letter which I have attached.

 

What do I do now...

Can they clamp my car?

Do they have the same rights as bailiffs.

I've just got rid of the bailiffs!

 

please help.

 

Lady (used to love salsa but can't afford to anymore)

Scan 00206B637BC8110314154546 from STC602KMC_1.pdf

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Midas Legal Services! what a joke! a dormant non trading company capitalised at £2 when I last looked.

You are supposed to be impressed, and scared by the word legal.

 

29/12/10 STATEMENT OF CAPITAL;GBP 2

 

There you go! straight from Companies House.

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  • 1 month later...

the debt has been returned to Santander and

they have sent me a transaction statement summary this morning

showing an opening balance of 2470.56.

 

There is a small note on it about Dispute Resolution

and a separate note about understanding your statement

 

There is a FAQs 'What is a transaction summary statement?

It shows a list of transactions on you account and how much is owed.

 

Any recent transactions

including costs associated with taking legal proceedings against you may not be shown'

 

There is all sorts of stuff about Transfer to Debt Purchaser? and assigning the amount to a third party company

and what happens if they have sold my account to a third party..

 

Can you tell me what they plan to do now if I decide not to pay or can I offer them a minimum amount?

 

I'm already with the CCCS and I'm paying £1 to all unsecured creditors.

 

What can they do to me now?

 

What's the worst they could do?

 

thanks

 

 

 

 

Ladylovessalsa!!

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Is their any bank charges applied to the amount owed? Is so reclaim them all from the last 6 years,

 

Also when was the last payment made on the account?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Is their any bank charges applied to the amount owed? Is so reclaim them all from the last 6 years,

 

Also when was the last payment made on the account?

 

I stopped using the account over 3 years ago when I opened a new account with Lloyds tsb,

 

 

I was paying them, something like £5 per month but then they sent it to a DCA without telling me

and then I spent most of the last two years trying to get the DCA to send it back to Santander,

it started off with 1st Credit and then Moorcroft.

 

 

The amount has increased slightly

3 years ago I did claim my bank charges back and I got back £800

(which is a fraction of what they have had out of me over the years!)

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I see. Yeah they are buggers for passing accounts on to DCA without telling you. Anyway, i bet the DCA has added charges and santander may well have added additional charges since you reclaimed. So you can always reclaim those and any interest added to the account.

 

Basically the Sharpe V Bank of Scotland will be a very exciting case to watch, as the outcome of that may open the flood gates to reclaiming all bank charges back. I wouldn't rely on any full and final settlement preventing you from reclaiming the rest either as cashing the cheque is an incorrect view of acceptence of the full and final, so if your intention was to accept more than what they offered in the full and final, you may still be able to reclaim the rest.

 

See post 4 here for more info on full and final - http://www.google.info/forums/showthread.php?t=21159

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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  • 3 years later...

I also in a similar situation I have an outstanding overdraft with Santander for £2470.00 which was sent to Robinson Way and now I have received a letter from Howard Cohen. I haven't paid anything on the debt for at least 5 years and I have had not correspondence with Santander/Robinson Way or Howard Cohen at this point.

 

 

They are looking to take out a CCJ against me. How can I stop this? I need to act really quickly as it came on the 6 April while I was on hols...

 

 

Help quick please ...

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sorry so you have received a claimform?

 

 

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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4 threads merged on same debt

 

 

you have a threat-o-gram from cohen

 

prob due to it getting near SB date now,

 

pers I'd ignore anything bar a claimform.

 

 

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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I agree with DX, The fact that various DCAs have had plenty of time to do so before now but chose not to says something.

 

If you do get a claim form, this thread can be moved to the legal issues section where better help can be given

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Ladylovelessa, I have merged your thread with the ongoing one you already have.

 

Can you please provide answers to the questions asked in the link below. You will need to copy and paste the first post of the link below into this thread and pop your answers alongside.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Once you have done that we can advise further.

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