Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Egg/Barclaycard PPI


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4416 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Sorry for hijacking this discussion, but I have the same issue with the same lender.

 

I had to send my fos questionnaire to Barclaycard as egg closed down and Barclaycard took my egg account over. I finally got around to calling hem today as I haven't heard anything since December. They told me they had sent a letter on 31st December, but I did not receive it. They confirmed they would send it again. They also communicated the jist of the letter. They explained that they had closed the claim due to me ticking a box when I applied for the credit card online.

 

I have owned two or three egg cards and I'm sure my first card was applied for back in early 2000. However I am guessing that Barclaycard will only investigate the last egg card I owned (the one transfered to Barclaycard).

This means I won't be able to claim for my previous cards as egg is no more.

 

My explanation to Barclaycard was that I would never agree to PPI as paying back borrowed money (interest) is expensive enough. I also had a scheme running at work. I didn't actually realise I was paying PPI as it never appeared on my egg statements. I only discovered I was paying PPI when I checked the transfered Barclaycard statement. It all makes you wonder why they closed egg down.

 

I just need to know whether to give up on this one or do I persist, if the later what is my next step?

 

Thanks

Link to post
Share on other sites

Hi and welcome to CAG

 

I have started a new thread for you.

 

Egg were one of the big sinners for pre-ticked online applications.

 

You should be able to get all of the accounts investigated.

 

Have you done a Subject Access Request (SAR) to get as much information as you can on all the cards. If not I would do one...there is a template in the CAG library, the link to which is at the top of every CAG page in green.

 

Don't give up at the first hurdle.

 

ims

 

Link to post
Share on other sites

Thanks ims

 

That was quick.

Sorry I'm new to this forum structure. I was despert to get some help after my disappointing phone call this morning.

I tried your "new thread" link but it didn't make sense.

Who would I address the SAR to, as egg are no more?

 

Thanks again ims

I can see the light, again

Link to post
Share on other sites

Hi

 

You can address your SAR to the Data Compliance Manager at Barclays. I would do it to their registered office.

 

I'd also send it recorded so you know when they receive it.

 

ims

 

Link to post
Share on other sites

Thought I'd update my progress. Finally received a confirmation letter from Barclaycard this morning (two in fact - duplicates).

Their final comment on the letter is: "You may consider this letter to be our Final Reponse. Pleas be aware that we will not enter into further correspondence on this matter, however we will cooperate fully with the Financial Ombudsman Service if you choose to peruse your complaint with them".

 

Does this mean they will will refuse to send me information regarding my SAR application?

 

Thanks

Link to post
Share on other sites

  • 1 month later...

Finally received report history of my accounts with egg from Barclaycard. Information received gives details of current Barclaycard account, which I haven't had long so there's no point chasing PPI.

However the account I reported as miss selling PPI back in December 2011, which was refused due to me ticking the insurance cover tick box (according to Barclaycard) goes back to 17/06/2002, therefore could I claim that the tick box was all ready ticked, which was a form of miss selling?

 

There is also a third account. This must be the egg card I had before Barclaycard took over as it runs from 18/07/2011 to 28/10/2011.

 

The main account I need to chase is the one I have all ready claimed for. As Barclaycard have now advised me that "I can consider this letter to be their final response. Please be aware that we will not enter into further correspondence on this matter, however we will cooperate fully with the financial Ombusman service if you choose to peruse your complaint with them". How do I go about explaining to the Omusman that the account was opened in 2002 when the lenders followed a procedure of pre ticking the insurance cover tick box?

 

A bit confused and feeling like a loser.

 

Cheers

Mark

Link to post
Share on other sites

Egg did indeed operate a pre-ticked box for a period of time which effectively meant the applicants had to "opt out". This is considered bad. Also in some instances we have heard that an application could not continue unless the PPI box was ticked.

 

If you are passing this over to fos you should be truthful in your replies as to what happened but you can mention that you are aware that Egg employed these practices and that you are aware that they were fined for their mis-selling of PPI.

 

Did you get copy statements going back to 2002 with opening and closing balances or just a transaction history going back to 2002?

 

ims

 

Link to post
Share on other sites

my egg barclaycard prob is slightly different, i had a ppi claim declined by egg, i am persuing this at the ombudsman on the basis it was misold due to the fact as a company director i am effectively self employed an dtherefore the policy was 'missold' . The adjudicator has investigated and the allthough he is unable to yet give me a verdict he says that curremtly my case is in the legal department because its a case of who is responsible Egg or Barclaycard for what i presume will be a payout, anyone else had thsi prob?

Link to post
Share on other sites

I have to be honest, 2002 is a long time ago and I really can't remember the process I went through during the application. I kind of remember not being able to complete the application until I ticked a box but can't be sure.

 

The paperwork I have been sent is headed "Memo List & Detail". It's not really a statement and there are only two entries for 2002, one on 17/06 and the other for 16/12. Most of it is bank jargen. There are twelve pages that run up to 16/09/10.

 

At the present moment I feel like just giving up the fight, mainly because I have no proof.

 

Thanks for all the help

Mark

Link to post
Share on other sites

So you didn't get statements or a transaction history as a result of the SAR?

 

In which case you can send the failed SAR letter from the CAG library.

 

Have a look at the PPI stickies...you'll find a thread in there with notes for claimants. Have a read as there may be more criteria you can use for the mis-sale.

 

As you have had a final response from Barclays, if you do not fancy challenging them directly then you can pass the whole matter over to fos and give them copies of all that you have sent thus far to the lender. Also let them know of the criteria which you believe apply to the mis-sale.

 

Now Barclays have been known before to state that you cant claim on xyz account which is an attempt to fob people off. The fos may well see things dofferently and there is evidence on these forums where people have complained to fos on this point and fos have said that the bank are effectively talking nonsense.

 

If you pass it to fos you will need to be prepared for a long wait

 

ims

 

Link to post
Share on other sites

Hey ims21

 

Thanks for your response.

 

I did receive a dot matrix reem of transactions, however this was for my current credit card with Barclaycard, not the account I complained about.

 

What does passing all this information to fos entail. Time isn't really an issue, however will there be any fees to pay? Will I have to appear in court etc?

 

Thanks again

Mark

Link to post
Share on other sites

my case of '' no its not me its egg,..... says barclaycard..............no its barclaycard not egg'' has been with the FOS for 9 months, its been actively loooked at by adjudicator since jan , the whole thing is being held up by the eggcard barclaycard playground shenigans

Link to post
Share on other sites

Hey ims21

 

Thanks for your response.

 

I did receive a dot matrix reem of transactions, however this was for my current credit card with Barclaycard, not the account I complained about.

 

What does passing all this information to fos entail. Time isn't really an issue, however will there be any fees to pay? Will I have to appear in court etc?

 

Thanks again

Mark

 

Hi

 

Passing to fos doesn't cost you anything. There is a case fee of £500 (May have risen to £850) but that is charged to the lender so doesn't affect you at all.

 

All you do with fos is complete their complaint form (available from their website) and then submit copies of everything you have sent and received from the lender. You are welcome to give additional details and information in a covering letter/report.

 

Going to fos does not involve court.

 

If fos do don't uphold your complaint then you can still use the court route of you wish

 

ims

 

Link to post
Share on other sites

For the other posters, Barclaycard took over Egg. As such there is no Egg to be responsible...it is Barclaycard that are now the target. Think of it that BC took over Egg completely, lock, stock and barrel. Excuses that Egg are responsible is a fob off.

 

ims

 

Link to post
Share on other sites

The adjudicator on my case gave me the impression that its an internal accounts thing ie if barclaycard cough up they get the money from egg etc. and that they ahve to get agreement as to who is repsonsible . I get more and more confused as the days go by.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...