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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?      
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    • 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  
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Cap1 & CCA return


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If you check the definitions, APR is not a definition of interest.

 

APR: Definition and additional resources from BNET

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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I found this too. Very enlightening!!!! ;)

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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What exactly are you alleging here?

 

I originally asked for the CCA as I wanted to see what commitments I had made in terms of PPI cover on this account (which didn't pay out at a fairly desperate time). After some prodding (and after passing the statutory time period), they sent this. The signature is mine - as it has been on all correspondence with them - yet none of the other handwriting on the account is. There are inaccuracies in it such as profession and names being incorrectly spelt. I have asked the Halifax openly who completed this, when and why. I have sent this away to a handwriting expert who agrees that theis is not my handwriting. So, someone completed this form either at the time of the original application or recently when I have chased up the CCA. I am 95% certain that there is something malicious going on here. The other 5% is willing to believe someone in their organisation made an honest error of judgement in this.

 

Nonetheless, I'm not too sure what to do next - am I right in believing that I cannot raise this in court, and that I have to wait for them to pursue me for monies and ultimately reach the court stage?

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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I originally asked for the CCA as I wanted to see what commitments I had made in terms of PPI cover on this account (which didn't pay out at a fairly desperate time). After some prodding (and after passing the statutory time period), they sent this. The signature is mine - as it has been on all correspondence with them - yet none of the other handwriting on the account is. There are inaccuracies in it such as profession and names being incorrectly spelt. I have asked the Halifax openly who completed this, when and why. I have sent this away to a handwriting expert who agrees that theis is not my handwriting. So, someone completed this form either at the time of the original application or recently when I have chased up the CCA. I am 95% certain that there is something malicious going on here. The other 5% is willing to believe someone in their organisation made an honest error of judgement in this.

 

Nonetheless, I'm not too sure what to do next - am I right in believing that I cannot raise this in court, and that I have to wait for them to pursue me for monies and ultimately reach the court stage?

 

IMHO, I can't see what difference it will make - if the agreement contains the prescribed terms and your signature, it will be enforceable against you. Bringing in to question whether the rest is legitimate or not doesn't really add to your case.

 

You can push the issue by making an application to the Court for a declaration that the agreement is unenforceable - the response to that is almost guaranteed to be an attempt to enforce the agreement, so it's worth considering your options before taking that action.

 

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It doesn't appear to contain the prescribed terms - although the issue I'm taking them to court over is the mis-selling of PPI. The 'replication' of the CCA and my signature on it is an issue that I may take further via an alternative route.

 

If the court decide it's enforceable, that's not too big an issue as the balance is manageable and should be paid off within the next 4 or 5 months anyway, although at the time I made my claim unsuccessful claim on my PPI it was at £12,500! The PPI is the main issue for me in this.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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the credit limit definition does not meet the 1983 regulations

the paper is not signed by the Halifax and the paper signed by you does not contain any of the prescribed conditions

this crowd are 100% useless

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the credit limit definition does not meet the 1983 regulations

the paper is not signed by the Halifax and the paper signed by you does not contain any of the prescribed conditions

this crowd are 100% useless

 

You'll find that this has all been discussed in replies, if you look hard enough.

 

;)

 

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"You'll find that this has all been discussed in replies, if you look hard enough"

 

I hope not to be taking the reply above the wrong way but it seems unhelpful in addition to the replies I have taken these matters to court to satisfactory conclusion several times so have the benefit of that recent experience

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Legibility of notices and copy documents and wording of prescribed Forms

2.-

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the colour of the paper.

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"You'll find that this has all been discussed in replies, if you look hard enough"

 

I hope not to be taking the reply above the wrong way but it seems unhelpful in addition to the replies I have taken these matters to court to satisfactory conclusion several times so have the benefit of that recent experience

 

Perhaps you are? It's all about sharing experiences, as each case is unique, so feel free to share yours.

 

What I am saying is that the advice you have given has already been discussed - if you disagree with any, by all means put your point forward and the forum will respond.

 

"Unhelpful" is your opinion, to which you're entitled, but that doesn't mean I can't share mine too.

 

Happy to continue this, by PM rather than in open forum, as we aren't adding value to the thread now, if you prefer.

 

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Hi

 

In the CCA1974 under section 78 it asks for 15 new pence.

What doc is it in where it says £1.00.

 

Also is there a more modern version of section 60

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Hi

 

In the CCA1974 under section 78 it asks for 15 new pence.

What doc is it in where it says £1.00.

 

Also is there a more modern version of section 60

 

I also need a more upto date version of section 60, so I know what the prescribed terms actually are, for this APR/interest argument I mentioned earlier in this post.

 

I think both are in the 1983 updated act but I can't find a copy!!!!!

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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In the CCA1974 under section 78 it asks for 15 new pence.

What doc is it in where it says £1.00.

 

Statutory Instrument 1998 No. 997

The Consumer Credit (Further Increase of Monetary Amounts) Order 1998

  • Haha 1

Halifax (current accounts, credit card, old mortgage, secured loan)

thread here

 

MBNA (three credit cards)

thread here

firstdirect (a current account, two mortgage accounts, old loans, old credit card)

they've sold my current account. thread here.

 

Royal Mail

Claim issued by former employer Royal Mail, thread here.

I counterclaimed and won. They paid in full.

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Hi all, In 2000 we applied for credit in a store (store card was subsequently issued). I have recently requested a copy of the agreement form GE Capital who are still handling the account. However, the document they supplied is an application form, completed by an employee instore. It contains credit limit and account number, amount of deposit we paid and cancellation rights, but no APR or repayment details. It is pretty much just an application form. I have written a letter to GE informing them of this and they wrote back to say they were investigating the matter. However, in the meantime, GE has passed the account to Lewis Debt Recovery, who say that regardless of whether the agreement contains the prescribed terms or not, if we spent on the account then it is enforceable. Which of course is rubbish. I just wanted to check though that I am right in stating that this agreement if it doesn't contain all prescribed terms is unenforceable. does it make any difference that it was completed instore and that a deposit was shown to be paid at the time? I have read on here that Lewis are pretty litigious and a thoroughly nasty crowd - nothing like the other DCAs then! :rolleyes: Thanks , Magda

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Hi all, In 2000 we applied for credit in a store (store card was subsequently issued). I have recently requested a copy of the agreement form GE Capital who are still handling the account. However, the document they supplied is an application form, completed by an employee instore. It contains credit limit and account number, amount of deposit we paid and cancellation rights, but no APR or repayment details. It is pretty much just an application form. I have written a letter to GE informing them of this and they wrote back to say they were investigating the matter. However, in the meantime, GE has passed the account to Lewis Debt Recovery, who say that regardless of whether the agreement contains the prescribed terms or not, if we spent on the account then it is enforceable. Which of course is rubbish. I just wanted to check though that I am right in stating that this agreement if it doesn't contain all prescribed terms is unenforceable. does it make any difference that it was completed instore and that a deposit was shown to be paid at the time? I have read on here that Lewis are pretty litigious and a thoroughly nasty crowd - nothing like the other DCAs then! :rolleyes: Thanks , Magda

 

I've actually found the opposite - you just need to manage them correctly;

 

http://www.consumeractiongroup.co.uk/forum/other-stores/110148-car2403-ge-capial-bank.html

 

:p

 

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I found this too. Very enlightening!!!! ;)

 

car2403 can you help me? A few posts ago we talked about interest rate missing from agreements but APR being shown instead. Do you have an updated s60 from the 1983 regs or more clarification of the percribed terms particularly the interest rate?

 

I need to get my letter done in the next couple of days, and I'm a bit stuck, and they are expecting another payment at the end of next week, so they inform me!!!! I've spent ages looking for the 1983 regs but they seem hard to find.

------------------------------------------------

HFC, PPI - With FOS

NatWest, Default Removal - In Progress

Intelligent Finance, Default Removal & Charges Claimback - In Progress

HSBC, Default Removal & Charges Claimback - In Progress

Abbey, Bank Charges - In Progress

------------------------------------------------

Lloyds, PPI **WON**

Halifax, Charges - Court Claim **WON** Donation Made To CAG

GE Money, Charges - Court Claim **WON**

GE Money, PPI **WON**

HFC, Charges **WON**

Halifax, PPI - Court Claim **WON**

Vodafone, Default Removal **WON**

------------------------------------------------

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GE passed our account to Lewis after they withdrew their court claim (thanks to a superb defence, with a little help from my friends;)). I had one letter from Lewis saying they would accept our £1 a month (which GE had refused and responded by issuing court proceedings) - I ignored that letter and have never heard another thing - that was about four months ago:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Cheers for that.

 

 

Where does it actually say the perscribed terms are.

 

Credit limit

When payable

intrest rate.

 

HAK

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I don't know how co-operative Lewis are going to be yet, or otherwise, as I previously dealt with GE direct, it is only since requesting the CCA that they have passed the account to lewis. My issue here is that GE do not have a valid CCA and yet they have passed the account to a third party, and they all appear to be ignoring the fact that the debt is unenforceable. The account is in dispute (no cca) so surely it should not have changed hands.

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I also need a more upto date version of section 60, so I know what the prescribed terms actually are, for this APR/interest argument I mentioned earlier in this post.

 

I think both are in the 1983 updated act but I can't find a copy!!!!!

 

I have a copy:

2.Consumer Credit (Agreements) Regulations 1983.pdf

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