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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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Barclays overdraft please help


tinyones
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I have received two letters from Wescot in regards to an existing overdraft, its roughly 470 pounds.

 

 

This occured when I couldn't afford to pay my Barclay loan and Barclaycard

and after telling them that I couldnt afford to pay in full they continued to take the payments.

 

 

I obviously couldn't close the account due to exisiting debt with them.

 

 

I still cannot afford to pay it in full and the letters are threatening legal proceedings and door step collection.

ANY advice please?

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  • 3 weeks later...
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IMO. if you want to challenge things, re an o/d, once overdrawn they are required to send some form of an o/d 'letter' outlining the o/d terms. and it then becomes subject to the cca. a default notice may also be required.

have you checked to see whether the loan and card are enforceable? any missold ppi and/or charges involved? did you get any default notices? a sar may provide some useful info?

according to the banking code, they should take into account any 'financial difficulties' and be accommodating.

consider opening a seperate bank account not associated with barclays.

more details would be more helpful.

Edited by Ford
typo
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Tinyones............as you bank with Barclays (they being Loan and creditcard), will raid your bank account to take payments,as Ford states if you have salary/payments going into the bank,you need to get a different bank account pronto.The rest of FORDS thread applies PPI/charges/Default notices,you will not be able to challenge your bank account with a CCA request,however you can with the Loan and Credit Card which I would suggest you do ASAP.You I trust have explained your financial situation to each Barclays division involved,make them an offer of payment you can afford,important," that you can afford," no more.All the time you are making some form of payment threats of legal action are usually just that "threats"...................good luck...............FS

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Thanks for the help.

 

 

When I intitally told the bank I couldn't afford to pay (marriage broke down and I had the children who came first)

the loan and card and would offer a token payment they clearly ignored my request and took money from my account.

 

 

I changed banks asap to avoid anymore of my income being taken in this way,

rang them to offer a payment and they said they would be taking 10 pounds whether I liked it or not.

 

 

In the end I was so unsure as to what to do I kept sending the 1 pound token payments to each lender

and have just been chased with the overdraft and

 

 

have challanged all creditors with CCA and the Bank this week with a SAR.

 

 

I am unsure as to what the 450 they are requesting has been paid off

using other than loan or cards as I stopped using the account and they must have kept taking money from it.

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I sent off the SAR request and have

 

 

yesterday received statements from Barclays.

 

 

I have taken account of a payment made to RAC

(of which I had cancelled before I moved so I have been on phone to them this morning

to challange why anyone would want or pay for duplicate covers)

 

 

They claim they may not be able to refund as its past the 14th day of cancellation

but I won't be leaving it there as this too has incurred charges at the bank.

 

 

I also have two payments for my Barclaycard which they have taken after I said

I couldn't afford to pay and then numerous 'RESERVE FEES'????

which the reserve fee's total over 100 pounds.

 

I am not unsure as to what to do with this information in regards to contacting wescott again?

 

progress.gif

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Another letter from wescot today asking for an agreement for balance but I still havent received anything from them from the bank and when I SAR'd the Bank they havent sent me any sort of agreement so what letter can I send back to wescot?

Thanks

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if you have sent CCA for the Loan and Credit cards

once the 12 working days have expired and no sign of an agreement

send account in dispute letter,

 

 

you have SARd the bank,and only received statements,

there should be a lot more data than just statements,

you have to let 40 days to go by before the bank are in breach of your SAR........

 

 

...in the meantime write to Westcot and advise them the accounts are in default

and breach and suggest they return the accounts back to Barclays to comply with OFT guidelines,

 

 

if Barclays continue to put you into further debt by taking money from an overdrawn overdraft,

 

 

report them to ICO for starters........FS

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  • 2 weeks later...

ANOTHER letter from Wescot today THE SAME letter as I got a while ago to say it was on hold until they investigated the case. Then two days later I got a letter saying they didn't have to provide anything as it was an overdraft. So I guess I will wait and see what happens next? I am also moving in the next month do I write to them and inform them of my new address?

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Hi..........you have SARd ref the bank account and it appears from your threads that all you have is statements?????????.....if this is correct then the SAR is far from being complied with so if Westcot push regarding the bank account,either ignore them or tell them you have SARd Barclays and at the present time they are in Breach of the SAR,by not supplying all data held..............FS

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tinyones................just sending statements is not sufficient to comply in full with SAR,write back and say just that,and remind them they are in breach until such times as all documentation is supplied,if Westcot state they dont have to comply with SAR as its an overdraft,remind them they do but as I understand it you sent the SAR direct to Barclays,so you can remind Westcot if you wish,that their client has sent statements to date and they obviously consider the SAR as valid,so perhaps you should consult your client Barclays...................FS

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slight sarcastic letter to Westcott "thank them for the statements and confirm their client Barclays have sent the same but nothing else and you are waiting for full compliance of the SAR from Barclays,and you will wait until such times as they Westcott or Barclays have sent all data held including application and agreements signed and a copy of T&Cs................FS

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I have received this morning another load of stuff from Barclays which assuming is the rest of the SAR

although there is nothing with anything signed/terms conditions etc for anything

overdraft/loan/barclaycard or bank account so

 

 

does this mean that they still have to provide me with it before Wescot can continue to chase me for the Overdraft amount?

 

 

It looks like it is dates when I have taken out my loan

but no signature or anything on it and letters that they have posted to me over the years

and copies of their data protection etc???

 

 

any advice appreciated

 

I am also due to move house next week would I tell wescot that I have moved?

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tinyones...............vics reply 100% correct.................now wait until Westcot annoy you again,as I read it they are in Breach of your SAR and in Dispute of your CCA............read your statements list all those items charges etc that you can claim back..................good luck.............FS

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What and bascially say BOG off I was going to say if....but it will be WHEN they do contact me again? I have now sent 3 letters saying as much already so will wait and see. If I choose to get my mail re-directed they will have the address from that won't they or will it be a case of when they find the new address? What charges can I claim back?

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Hi tinyones

 

Only you can decide what you want to do.

 

The point of redirection is so that you can see what's coming; but they can't see that you see that.

 

In the end, they could track you down if it made commercial sense for them to do so.

 

You could challenge charges etc at a time of your choosing (penalty charges and compound interest thereon); but this is a laborious process.

 

'Bog off' is an option when dealing with organisations that won't listen.

 

Hope this helps

 

best wishes

 

vic

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  • 1 year later...

Hi, not really sure where to go from here?

 

 

I was using this website over a year ago and followed advice to send an SAR which I did

sent the £10 postal order etc and all I got back was a huge file of statements from the bank

since opening the account and that was it.

 

 

However this morning I have received a letter to my new address

(lived here 15months now and had heard nothing from no one)

 

 

This letter is from either Barclays (looks like a photo copied letter) and another in same envelope from Lowell portfolio

 

 

I saying that it was sold to them from Barclays.

 

 

What do I do now as this was already passed to another debt recovery place

which I dealt with at the time of the SAR is this someone trying their luck

or is it something I can be taken to court for?

 

 

Do I ignore the letter or write saying I have sent a SAR request?

 

 

ANY help much appreciated

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Hi, not really sure where to go from here? I was using this website over a year ago and followed advice to send an SARwhich I did sent the £10 postal order etc and all I got back was a huge file of statements from the bank since opening the account and that was it. However this morning I have received a letter to my new address (lived here 15months now and had heard nothing from no one) This letter is from either Barclays (looks like a photo copied letter) and another in same envelope from Lowell portfolio I saying that it was sold to them from Barclays. What do I do now as this was already passed to another debt recovery place which I dealt with at the time of the SAR is this someone trying their luck or is it something I can be taken to court for? Do I ignore the letter or write saying I have sent a SAR request? ANY help much appreciated

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I have found the previous posts that I had on here and the original debt agency was Wescot

so is it a case of they sent it back to bank or wescot have sold it on?

 

 

and as above post what do I do now?

 

 

I lost all letters that I had saved on my laptop which had dates etc on them

 

 

when laptop broke but this is dating back to november 2010?

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Hi, sounds like it was sent back to the bank

and Lowells have bought it.

Have you checked your credit files yet it will

show who owns the debt.?

I would send Lowell a CCA request asap.

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I didn't think I could CCA an overdraft? I havent checked credit file as then my details are accessable

My fault I missed the overdraft bit:oops:

 

Your details are accesible anyway I'd put money on your files bein searched by Lowell,

and an amended entry.

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