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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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Wrote to my MP - Capstone/Acenden


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Hi

Stephen you left me a PM to get in touch re my thread on our repossession hearing with Ascenden on 2nd March. I can't reply as I don't have enough threads yet - are you able to reply to my thread with any help you think we would need prior to the hearing please? My log in name is now windowbox. I think my thread is called SPML/Ascenden repossession hearing 2 March 2011.

Thanks D

 

Hi there , sorry to take so long to respond, but been busy with work. I will respond more fully with advice tomorrow.

 

Stephen.

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What makes you ask that question Stephen ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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The question I would like to ask is.Has anyone who has complained to the FOS about unfair arrears charges levied by capstone/acenden ever actually got a positive result and had these charges refunded.

As regards Stephens query,this seems to me to be the right question to ask why in the light of the gmac findings have this lot escaped any sort of censure whatsoever and are still ploughing on with impunity with fairy godmothers PWC majority shareholders?.The FOS seem to think by all accounts that their charges are reasonable according to several negative reported decisions despite the gmac findings whose charges were actually less!

Here posted and highlighted again and all apply to Acenden in bucket fulls.

 

2.3.

The firm breached Principle 6 during the Relevant Period in that it failed to pay due regard to the interests of its customers and treat them fairly. In particular, the following failings were identified in that GMAC:

(1)

failed to ensure that mortgage servicing staff had an adequate understanding of and implemented the requirement to treat customers fairly in handling its mortgage arrears and repossessions;

(2)

until late 2008, focussed on the collection of payment of arrears over a short period of time within fixed mandates, rather than always establishing a suitable arrangement based on the customer’s individual circumstances;

(3)

applied certain charges to a customer’s account that were unfair in that they did not accurately reflect the actual cost of administering an account in arrears;

(4)

had not arrived at a cost-based approach to the calculation of its arrears charges and therefore could not be sure that they were reasonable compared to the actual cost incurred;

(capstone that was actually stated to the Mail that they had no idea of how the figure was constructed!Northern Rock seemed to think a fair charge was £25 )

(5)

caused some letters to be sent to customers that were either factually inaccurate or did not contain sufficient information to give customers a clear and accurate statement of their mortgage account; and

(6)

sometimes issued proceedings for repossession before all alternatives to repossession had been considered and accordingly, did not always use litigation only as a last resort.

2.4.

The firm also breached MCOB 12.4.1R and 13.3.1R in relation to the facts described at paragraph 2.3 above.

2.5.

 

 

 

 

Can anyone tell me is Price Waterhouse Cooper blocking action against Capstone/Acenden ?
Edited by peterjm
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The question I would like to ask is.Has anyone who has complained to the FOS about unfair arrears charges levied by capstone/acenden ever actually got a positive result and had these charges refunded.

 

 

In my own opinion Peter.....big fat NO!!

 

18 months I waited for an adjudicator, who basically stated I shouldn't have got in arrears in the 1st place, & they thought the arrears/charges etc were fair & that I would have to put up with it & just get my arrears paid off,then I wouldn't incur anymore charges.

 

They are a waste of space & government money.

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Well LD thats pretty conclusive from the site founder.So the £60-£85 charge is fair according to the fos then despite the gmac finding and despite the Northern Rock's admission that the real cost is £25 and despite that in litigation numerous judges have deferred to the fos stating these charges are ludicrous and expecting them to be refunded.

So who's leaning on who

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As above you really do have to slog it out and keep pressing. Send everything you get in the mean time and don't expect an adjudicator to come up with an answer because they don't. You have to keep appealing and take it as far it will go. They will make offers of compensation but just turn them down in favour of all the charges wiped off.

 

They did apply charges on my account afterwards and after speaking to the Fos they were quickly removed as the Fos said we were free to start another complaint and any future charges would be looked at dimly in light of the previous 'win'. A copy of that letter was sent to Capstone and they quickly adjusted the account and have not charged anything since then.

 

I think the case would have been over within 18 months if it weren't for that fact that it was Capstone/SPML that kept appealing when it was decided in my favour. I know mine isn't the first win as they whinged in their defence that they were being continually picked upon by the Fos and it wasn't their fault and the charges were fair in their opinion. Obviously the Fos begged to differ. They can ask for all the information they like and if it's not provided then it shows a complete lack of cooperation by Capstone for a system of mediation to prevent court action.

 

It may have helped that I left the initial complaint to the Fos fairly open on the charges AND the general conduct of the account. All I asked was to be treated fairly and to have the account conducted in a proper manner. I kept in touch with them throughout and highlighted and copied all of the statements, threatening letters and mistakes that SPML made continually over those 2 years the case was being looked at.

 

I can't say this often enough, but you really do have to dig your heels in and not take 'No' for an asnwer whatever they try to throw at you.

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We were repossessed by this **** last August same scenario in arrears most of it charges then wanting a lump sum when knew we had no chance of paying it. Wish I had done a lot more but never been through this before should of got more advice and hit them where it hurts too late now .

 

Hi Roxy,

Sorry I havn't replied sooner. I would like to know how to claim the fees back. Maybe we could do it in conjunction.

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Hello everyone,

 

 

Bearing in mind that the fos appears to be unwilling to deal with Capstone/Ascenden and their affiliates, it really does beg the question of how and why they are getting away with this.

 

The lack of action would invariably lead to questions of corruption on the part of the fos, and dare I say the possibility of backhanders being given to members of this quango like organization cannot be ruled out. ALLEGEDLY, of course.

 

Some may not like to here this, but one thing I do know about human nature is that greed often overcomes moral scruples, when there is an easy buck to be made, and remember of course Ascenden are derives from the Lehman brothers group and we know what happened to them

 

I look forward to replies.

 

Stephen.

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I didn't have any problems with the FOS and they are aware that Capstone and SMPL are cowboys. The problem, I think, is that people aren't grabbing the bull by the horns, making the complaints and seeing them through. They think it's easy.. it's not. You can't send a pile of papers off to the FOS and expect them to sort it all out or understand when you've only given them a few lines to go on.

 

'I don't like the fees they charge so you can deal with it and the few letters I've provided should be enough for me to win'. It doesn't work that way! It may take a while but you do get disclosure and time limits just as you would with the courts. You don't get an automatic right to appeal with a court but you do with the FOS and still have that option to take it to court.

 

If you feel strong enough about something you will win but you have to be dedicated 100%. It's somewhat in the past for me now but having to sit for hours on end just going through all the figures and their letters paragraph by paragraph was mind numbing but it had to be done.

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Unless you are defending a court claim I don't think you'd get anywhere with legal aid, but you can use any legal protection you may have on insurance for advice. If they are trying to claim then Community Legal Services can give some sound advice and pass you onto a solicitor than can put in some hours to help even if you don't fully qualify. I used them and they were great. They did more than what I could have ever expected of them.

 

You shouldn't need legal aid if you are going through the FOS as that should delay any court action through the mediation, even though sadly, you have already been evicted. I guess they are trying to get to get you cough up the fees and charges still owing. What a nightmare that must be and I almost wish I'd have gone through that myself so I could help you more. I haven't, so all I can tell you is about the FOS and how to deal with any court action.

 

My OH reminded me today just how much the FOS helped us. We were away in Denmark for a while and the Ombudsman..I'm not sure I should give her full name but for this purpose it was Jan. ..She gave me a direct dial number and answered every question, called me back and I can't praise her enough for what she did.

 

BF has a point but I think everyone needs to work out what they want. For me it wasn't money or compensation. I just wanted to feel safe in my home without it being snatched away on some false claim and greed. And I was happy with that ..no amount of money they could ever have offered would make good the damage done.

 

Do the basic online form and don't make it too long. Just give a brief outline that covers all you have to say. You can add everything else later in more detail.

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  • 9 months later...
They now only want to know because it is newsworthy, that is why. There is no consipracy theory here, just the basic fact that ALL lenders have shut the stable door without bothering to find out any further ways of dealing with issues and these companies are proliferating and profiting from others misfortune.

 

Get your MPs reply over to Stella Creasey, she is dealing with this at a high level now and is the MP to watch out for. Her office has contacted me several times now about issues and I am passing on the information to her when I have permission from the original poster.

 

Sometimes being pessimistic about the issues helps keep them 'under wraps', speaking out and naming and shaming these shark companies is one of the better ways of bringing them into disrepute - as is continually complaining about every breach of the OFT Guidelines on debt collecting, spelling out exactly what breach has been made and in what way.... that helps the OFT build a far better portfolio against these companies.

Hi

Was interested in your response.

I had written to my MP via his researcher on numerous occasions, regarding the appalling dealings with Capstone/Acenden. I had told my MP. what had happened to us from the onset of obtaining a secured loan of £1000.000 plus PPI on our property, to unfortunately the eventual repossession. Nothing concrete came back regarding what actual fundemental steps to do next. Basically he only mentioned contacting the FSA (which I had already done via a complaint, regarding the failings of the FSA and their MCOB rules not being implemented, and also the Ombudsman which I had done already). I do have the final letter from my MP, so would very much like to get in contact with Stella Creasey.

By the way, our case was highlighted in the Financial Mail on Sunday's edition in September 2011.

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Hi 42man

 

Yes, thanks for that, absolutely disgusting. That's putting it mildly. Seems Southern Pacific have the highest fees, and still slip through the FSA net. Getting away with their appalling handling charges/fees; etc;etc. The question is WHY are they getting away with it ?

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