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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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      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.
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Capital Finance One - Taken money from me for a debt that my Wife has! Can they do this??


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Good MorningThis is my first ever post here, but Ive been a regular visitor here for a good few years picking up some great advice.This is one that I cant see in any similar posts so I thought Id put it down to see what you think.Basically the background of the situation is that I have been struggling at the wrong end of the finance world recently, and have resorted to taking out a few paydays etc, Ive always paid them back or rolled and have never missed a payment or anything.Anyway I had a loan with CFO earlier in the year and then repaid it on the next payday in full no problems.....I then recently reapplied for one but was declined...again not a problem with that at all. But then to my horror last week CFO took over £100 out my account and attempted more!! When I called them to find out why they couldnt tell me, I had to wait for the items to appear on my online bank statement and then send them screenshots to prove the funds were taken by them.The most worrying part of it was the loan I had from them in early 2011 was a bank ac that I now no longer use and the money they took this week was from my new account which they would have only have known the details as they were on the declined application!!Further calls and emails later I was then told that the reason the money was taken was due to an unpaid loan taken out by my wife!! They strongly insinuated that she had fraudulently used my card details on her application!!After speaking to her she said that was total nonsense, she had taken a few pdays out a few years ago and had gotten into a mess but had never used my card details and wouldnt never had known them to anyway!My digging made me realise the start date on the card is only a year ago so if the loan was prior to that then it was actually impossible anyway and so the accusation that my Wife made a fraudulent application is totally wrong and unfair.She then called them to find out more and they confirmed the loan was Nov 09 (therefore card didnt exist) and they said in the small print of the contract they were entitled to use card details from linked people to claim repayment.Sorry for such a long post but basically I am in a position now where Im trying to resolve this without a long and drawn out battle. I am happy the "fraud" claim is total nonsense and am hoping someone can confirm if what they did in taking my details off my declined application and using them to take money off my wifes arrears is actually allowed?If it isnt I have that in my favour and the fact that they made wild accusations about my Wifes applicaiton too, I am hoping I can use these 2 reasons to possibly agree for them to accept the £100 they got as full and final settlement of my wifes outstanding loan.She says it was for £150, but when she phoned they are saying the balance (after deducting the £100) is still £580 odd now.Any help/advice is greatly appreciated and also if you think my idea of almost agreeing not to take action over the unauthorised payments in return of settling the loan is a good idea.Thanks for reading..phew I need a lie down now!

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Hi there, what they have done is totally out of order. I'm helping someone with a CFO problem at the moment, let me see if I can check the small print. I think it says something about taking money from any card or bank details you give them - but that should only apply to you - not someone else. Hang on till I see what I can find out.In the meantime, you should report this to the OFT and the BCCA http://www.bcca.co.uk/

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This is all I can find regarding card numbers and others financially associated with you.> Did you give your wife's name at any point in your application ?..................................................................................................................* You authorise us to collect any monies owed under the Agreement from any debit card account of which you have supplied details to us. We may make theseattempts as frequently and at any time we choose while there is an overdue balance on your loan account, up until the time where the total amount collected equals thetotal amount owed. At this stage it will be deemed that your loan has been fully repaid. We do not have to give notice of these intended collection attempts.>.........................................................................................................2) If you are making a joint application or tell us that you have a spouse or financial associate, we will link your records together so you must be sure that you have theiragreement to disclose information about them. CRAs also link your records together and these links will remain on your and their files until such time as you or yourpartner successfully files for a disassociation with the CRAs to break that link.

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Sorry about the spacing in the post above, I can't get it to paragraph ??

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Thanks very much Ell-enn. No I didnt mention her at all in the application.The first link to my wife was this week after sending the screenshots showing the money they had taken, they called me to ask what my relationship with her was, at that point they said this was why the money was taken.Looking at the overall big picture I dont want push for this back for them to then hound my wife, do you think my idea of using the potentially illegal actions they have done as leverage to clear her debt is advisable? Or should it be reported to the correct channels and deal with the issue of my Wifes debt seperately? I didnt know about this loan of hers but obviously dont want to just wash my hands and chase back my £100 and leave her in trouble with them if that makes sense.

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Obviously CAG do not endorse debt avoidance and it's admirable that you want to clear up your wife's debt, however the behaviour of CFO needs reporting to the authorities, they can then intervene on your behalf and it will not create any more of an issue than you have now. These people are despicable in the way they operate and make people's lives a misery by emptying their bank accounts without prior notice. You need to ensure that they do not use your bank details again. The more complaints that are made about these companies, the more chance we have of getting the government to bring in legislation that curbs their unfair practices. We will never get rid of them, but they need to be made to act in a proper manner. The MP Stella Creasby is mounting a campaign against payday lender's practices - see this thread http://www.consumeractiongroup.co.uk/forum/showthread.php?311559-End-Legalised-Loan-Sharks./page3 post 42. Get your complaint in.

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Report this as a fraudulent transaction to your bank and insist on a charge back, you gave them no authority to debt your card.

 

dont take a no from your bank ask for the fraud dept what CFO have done is totally illegal.

 

If your wife owes them money they will most probabley hound her anyway or pass her debt onto a debt collector who will do the hounding, also cancel the card they will continue to attempt collection from it.

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  • 2 weeks later...

OMG!!! same thing happend to me at the end of last month. they took £342.00 in 5 or more transactions and bank told me to fill in forms etc which would have taken 30 days. They took this for a debt my brother owed which I had no idea about. I was fuming and kept phoning them until they gave my money back which they did in less than a week. I have also taken legal advice about this situation as they have fraidulently taken details from applications that they declined. Same thing they was accusing my brother of taking the cards details and the funny thing is I have only had the card for about 2 weeks and he was on holiday during this period. They have cost me more money as direct debits bounced, standing orders didnt pay out and bills were paid late because of them. I am now trying to get some compensation from them for all the trouble they have caused. As I will be pursuing this further if they give me no positive outcome. I have never seen a company ever do this. The lady also kept saying sorry about million times when they came to the conclusion that they took details without permission but that is not good enough especially as they have done it to other people. I understand that people should pay back there debts but not on the loss of others.

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Was it your applications they declined after getting your card details ?

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Well I don't actually remember applying at Capital Finance One directly, but on the date they are saying that I made an application which was on the 16th October which I think I made applications with other companies(third party). They also admitted that they automatically match post codes and address and just take payment which is absurd and never heard any other company ever doing that.

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Please everyone who has this happen to them GET A CRIME NUMBER from your local Police, then the bank and other authorities HAVE to do something, CFO are NOT allowed to take money from other accounts 'related' to you, if you go through that analogy you could actually do a reverse transaction from their bank account to yours as there is now a 'viable relationship'.

 

The banks are their own worst enemies in these cases as nobody cares about the legislation, and nobody wants the additional work and loss of bonus in getting the transactions reversed.

 

They are committing a crime - theft, obtaining money by decpetion, fraudulently linking accounts which have no relationship together, using 'bogus' broking companies to obtain information they are not entitled to, the list goes on and on.

 

Without that crime number - insist you need it for the bank to reverse the transaction and refund your charges - you are stuck and the company will get away with crime time and time again.

 

With the crime number contact the OFT, Trading Standards and MP Stella Creasey, all of whom should be able to take this further.

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  • 1 month later...

Just thought I would add a quick update on this, after several phone calls to CFO they did eventually agree to refund the £100, without fully accepting they had done it fraudulently.Obviously at this point I am happy to get the money back, I am in way over my head with other PDL companies and am struggling to have the energy to fight them all so I havent pursued this any further.Thank you for all the helpful posts on this.

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