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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.  

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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.
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      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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ashort v FD (Late response) what to do?


ashort
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I have received all my bank statements and listed all the charges. I now want to send the preliminary letter plus the schedule of charges. Do I include all the charges as represented on the statements? The reason for asking is I have no idea how much manual intervention has taken place and therfore not sure if I should be deducting anything? - Andy

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If they didn't send any notes regarding manual information with your subject access request, then it is safe to assume that manual intervention has not occurred. Should they change this position at a later stage, then the ace up your sleeve is that you specifically requested the information...

 

As for the charges, yes, everything that appears on your statement that you know is a penalty - plus any interest they have charged you on those penalties.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I am about to send off my preliminary letter and schedule of charges but for some reason getting a little nervous.

 

I have literally listed all the charges from 6 years of statements plus debit interest and placed in the spreadsheet. Do I need to deduct anything re manual intervention from the bank. They have listed all the dealings with me but no details on costs they have incurred. Don't want to make a mistake at this early stage.

 

Andy

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Looking through my notes they sent me, there is no indication of charges relating to manual intervention, if you sent off the template letter requesting details/ statments and they havent supplied that info i would personally hazard a guess they dont have too much arguement with your figures.

Simply put you asked the question they didnt answer sufficiently.

 

Good luck...

I love the smell of banks coughing up refunds early in the morning

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  • 3 weeks later...

I have sent my claim for charges to FD (std letter giving them 14 days to respond) They wrote to me some days later informing me that they were sorry I was complaining and a complaints procedure booklet was enclosed(it wasn't) and that they'd formally respond in 10 working days. The time was up yesterday but still no response. I'm ready to send the 2nd letter giving them another 14 dayts at which point I'll start legal action.....but should I give them more time before sending this 2nd letter??

 

Andy

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No you shouldn't. This is your claim not theirs, you set the timescales. The banks will stall and delay when ever they can. This method gives them adequate time to settle, they just chose not to. Stick to your guns!

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I have today received a letter from FD offering me over £1200 ( My charges totalled £1900+) although the bank are accepting no liability they claim it would be able to defend it's charges as the tarrifs were set out in the contract I signed when I set up my account etc.....

 

The offer is tempting but wondered if this is the norm and what others have done in such circumstances.

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If it were me i would accept the offer on the basis that you will still be claiming the rest.

I think you will find this is the norm going by other people's experience.

The choice is yours at the end of the day though.

I love the smell of banks coughing up refunds first thing in the morning.

 

HSBC, they tried they failed, they coughed up in full

To all the others beware i am heading your way next.

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Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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In the letter I received offering me a partial payment, the guy stated that if I didn't accept it and I wanted to escalate my concerns I should write to a Robert Kernaghan. The letter I am sending (see below and thank you closey) is going back to the one who made me the offer but asking him to pass it to Robert should he wish to do so. Is that ok? Plus as they hadn't responded in time to my first LBA letter I sent my second after the 14 day deadline - then the partial offer arrived (their letter was dated 20/9 but arrived on the 27th) Is it ok to give them a deadline of 16/10 (14 days from my 2nd LBA letter) or should it be a further 14 days from my rejection letter date. Really sorry if I'm going on a bit but don't want to mess anything up.

 

Response to settlement offer.

 

Dear Mr Ruane,

Thank you for your letter dated 20 September 2006.

We respectfully decline your offer of settlement and request, once again, that you return to us all charges imposed on this account, totalling £1902.75

We will accept the sum offered (£1223.00) only as part settlement and on the clear understanding that we will pursue recovery of the remainder, with a County Court claim if necessary.

 

Our letter before action sent on the 26th September indicates that you have until 16/10/2006 to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

We trust this clarifies our position.

Should you wish to pass our letter to Robert Kernaghan, Customer Relations Manager, please do so.

 

The help so far recieved has been brilliant but just feeling a little stressed as the process moves on

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  • 3 weeks later...

I wrote to FD accepting a partial offer of £1223 (I requested £1902.75), but informed them that I would pursue them for the remainder through the courts if necessary. I actually gave them 14 working days to respond (expired yesterday). Nothing in the post today so I have no option to use MCOL.

 

I do however have a couple of questions:

 

(1) Is there a time limit on me filing a claim? I warned the bank that this would happen if they did not respond by the 16th (I don't currently have the £120 court fee available - shld have in about a week though)

(2) I have been sending all my correspondence to First Direct in Leeds. It does however sugggest on the site that the court letter should be addressed to the bank's Head Office - I can't find one for FD. Should it go to Leeds or HSBC HO in London?

Thanks

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I wrote to FD accepting a partial offer of £1223 (I requested £1902.75), but informed them that I would pursue them for the remainder through the courts if necessary. I actually gave them 14 working days to respond (expired yesterday). Nothing in the post today so I have no option to use MCOL.

 

I do however have a couple of questions:

 

(1) Is there a time limit on me filing a claim? I warned the bank that this would happen if they did not respond by the 16th (I don't currently have the £120 court fee available - shld have in about a week though)

 

(2) I have been sending all my correspondence to First Direct in Leeds. It does however sugggest on the site that the court letter should be addressed to the bank's Head Office - I can't find one for FD. Should it go to Leeds or HSBC HO in London?

 

Thanks

 

You are ok to wait for a week. i would send it to where you have sent your other letters they will forward it if ness.

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  • 2 weeks later...

I have filed my claim via MCOL and having checked the MCOL website the bank have acknowledged my claim. I have followed every bit of advice from the site so far but what I haven't done is sent the bank my revised schedule of charges (8% interest + court costs) since filing my claim. Should I send them this or wait for the bank to request it.

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I have just received a response from FD stating that they intend to defend my claim in full. Although I knew this may happen and will go the whole way if needs be I was wondering whether anyone could tell me if this is the norm?

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I have just received a response from FD stating that they intend to defend my claim in full. Although I knew this may happen and will go the whole way if needs be I was wondering whether anyone could tell me if this is the norm?

 

Absolutely it's the norm. Usually, if you feel intimidated by what the bank say, then yes, it's normal. That is, in fact, their aim. At this stage, why don't you give us the full details so that we can give you some assistance when the time comes?

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Assuming you sent the schedule (excluding 8% interest) with your initial claim and with your LBA, you don't neeed to send the revised schedule including your interest. If it goes to court (which it won't) you can send one to the court later. They know you can add interest once it gets to the MCOL stage and they also know about court fees.

 

Expect a letter from DG Solicitors soon.

Matt

 

First Direct: £6639.77 settled in full

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

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Stonelaughter,

Thanks for your swift response. Details so far:

30/6/06 - S.A.R sent (plus £10 - later returned)

4/9/06 - Req for repayment letter + schedule of charges (£1859 + £43.75 O/D charges totalling £1903.75)

20/9/06 (letter dated by bank but not received until 27/9) - Bank offered £1223.00 (without prejudice)

29/9/06 Letter sent accepting this offer as part payment. I gave them 14 working days to respond i.e until 16/10/06. They didn't respond.

18/10/06 - MCOL claim made including court costs + 8% interest now totalling £2491.84. Court issued claim on 19th (gave 24th as official claim date).

25/10/06 - letter received from court stating that defendent wishes to defend the claim (FD's solicitors in Birmingham)

That's where I'm at.

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  • 3 weeks later...

Obviously the way threads work has confused me. Prior to using this site I had never used them before. (I may still have one more outstanding somewhere) - Really sorry!

 

While I'm logged on thought I'd give a brief update. On Saturday DG solicitors offered me the full amount of 1902.75 which is the amount I originally asked for before having to use MCOL. Obviously this now doesn't cover my court costs or interest and I feel rather cheated but don't want to sound greedy either. I have been advised to ask for the full amount which is just under £2500 which I intend doing tomorrow, although I wouldn't mind some reassurances that this is definitely the way to go. The bank's 28 days are up on 21/11.

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