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
  • Recommended Topics

Do you have charges going back more than 6 years?


BankFodder
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1913 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

B&W argued on that before I issued my claim, and so I included the following in my POC's:

 

c) The Defendant has concealed, and continues to conceal that the charges debited are unlawful. If this is not the case, and the Defendant truly believes that these charges are lawful, then the Claimant contends that the Defendant is mistaken. As the Claimant only became aware during February 2006 that the charges debited were unlawful, then section 32(1)(b), or section 32(1)©, of the Limitation Act 1980 should apply, and the charges debited are therefore within the primary limitation period.

 

 

 

 

 

 

Link to post
Share on other sites

  • Replies 1k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

alan

 

thanks for that I have used something similar to your comments in my POC, i was wonderign whether there is any ilaeg/possibility of arguing for sec32.1.a too?

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

Link to post
Share on other sites

I have an issue with SCM (Lloydstsb) and they've quoted the limitation act to me. I have a cheque for charges in the last 6 years only from them in my hand.

No-one's replied to my thread in the Lloydstsb section so i'm going to bank the cheque as payment towards my claim and continue for the rest citing the act, part 32 sec b&c at SCM.

 

As a side point they say i have 7 days form the date of thier letter (dated 28th Nov) after which they'll assume i've accepted and it's settled - the letter only arrived on Friday - not even recorded delivery!

 

Beyond 6 years is worth £600 at least so it's worth carrying on to me.

Link to post
Share on other sites

If they state it's "full & final of any & all" claims then you must not bank the check without 1st getting their agreement that it isn't.

AAaaaww..Sh111111t...is that right, JC ? I thought that it was OK to bank, as long as you hadn't signed a "F&F" reply.

 

Memo to self - must use "JMHO" in EVERY bloody post !!!

 

...so we DO need their written agreement that a partial settlement is OK, before it's actually OK., then ?

 

...AAaaaww..Sh111111t.

Link to post
Share on other sites

No & yes

 

Also be warned if they state that if they don't hear from you by so & so they'll assume its settled then it will be. Not only must you NOT bank the cheque at this stage but you must also write back & tell them your not accepting their payment as full & final.

 

You could also say YOU are willing to help THEM to mitigate THEIR losses by accepting their payment as part payment thereby reducing the debt to you not forgetting any subsequent interest charges

Link to post
Share on other sites

No & yes

 

Also be warned if they state that if they don't hear from you by so & so they'll assume its settled then it will be. Not only must you NOT bank the cheque at this stage but you must also write back & tell them your not accepting their payment as full & final.

 

You could also say YOU are willing to help THEM to mitigate THEIR losses by accepting their payment as part payment thereby reducing the debt to you not forgetting any subsequent interest charges

 

Cheers, JC - much appreciated. Considering this thread is inhabited by the likes of Alan & Glenn, as well as your good self, I'll take that as bloody useful info, at the very least.

Link to post
Share on other sites

I have just received my statements from the Halifax and they go back more than 10 years, back to 1992. I had only been looking at the relavent ones from 2000 as I thought it was a six year window, but what I have found really confusing is that for the first three years (2001-03) there are a number £5 bank charges - and I have to say I can never remember ever only being charged £5. Looking at some of the statements prior to 2000 (outside the 6 year window) my charges were £28,£30, £39, £60 etc, the amount at which I had gone into my overdraft was always similar. I dont understand how there can be three years out of 10 that changed.

 

I know this must sound very confusing, believe me I am confused. Can the banks alter your statements knowing that you're not likely to remember six years back. In my case there were 12 charges applied in the first three years I am able to claim but for some reason, and I honestly dont remember, I was charged only £5.

 

Has anyone else found this, please help.:???: :???: :???:

Link to post
Share on other sites

:grin:

sorry all a bit of an aside here but can anyone tell me where I can find the glossary of terms / abbreviations being used as I know they're on the site somewhere cut just can't find them!!

 

Thanks in advance,

 

rich

 

Rich, I think P'O has popped in the relevant link (Gawd bess 'im) - but speaking as a jerk on the wrong side of 50, I actually have great fun just puzzling out forumspeak on my own !! Yeah - it's cliquey - but the good guys'll tell ya.

 

But in the end - Google, and thou shalt find !

 

HTH.......:o :grin:

 

Bill.

Link to post
Share on other sites

The banks charges have increased over time as the discovered they could get away with it. I have statements going back to the 80's some of which show charges of as little as 30p.

 

I suspect the £5 charges are not penalty charges but charges for a specific service which might make them lawful. These charges should be identified in your statement. Can you tell us what they are described as in the LH side of the statement.

 

There should also be an index of the abbreviations used at the bottom of the statement

Link to post
Share on other sites

All charges are listed the same "Charges as Notified", Halifax have always listed them that way. What I don't understand is why before I am able to claim I have the usual high charges and right at the beginning of when I can claim (when I am most likely not to remember)they have dropped to £5 then the past three years they when right back up again. Not including any of the £5 charges I have calculated they owe me £2,289 before I add any interest.

Link to post
Share on other sites

All charges are listed the same "Charges as Notified", Halifax have always listed them that way. What I don't understand is why before I am able to claim I have the usual high charges and right at the beginning of when I can claim (when I am most likely not to remember)they have dropped to £5 then the past three years they when right back up again. Not including any of the £5 charges I have calculated they owe me £2,289 before I add any interest.

 

As you clearly appear not to have been notified either phone or write asking them for an explanation.

Link to post
Share on other sites

All charges are listed the same "Charges as Notified", Halifax have always listed them that way. What I don't understand is why before I am able to claim I have the usual high charges and right at the beginning of when I can claim (when I am most likely not to remember)they have dropped to £5 then the past three years they when right back up again. Not including any of the £5 charges I have calculated they owe me £2,289 before I add any interest.

 

 

Dunno if it helps but Halifax used to charge £5 to stop a cheque (now it's about £7). I had one at £7 and it was 'charges as notified' on the statement rather than 'stopped cheque' which would have made it easier to identify. If that is the case then you probably won't be able to claim them back as it's a service and usually they tell you on the phone/over the counter their cheque stopping charge before they continue. However you'll probably remember whether you were in the habbit of stopping cheques regularly - probably not. They need to confirm what it's about but be prepared for them to come up with new ways of not telling i.e. 'our records don't go back that far' etc.

Link to post
Share on other sites

I'm sooooooooo gonna try to get my charges back prior to the 6 year Statute of Limitations act (which will probably amount to another £2-3k before interest......over 15 years worth of interest actually) !!

I already have every statement going back to when I first opened my acount (sometime in the 80's..."flock of seagulls", "Duran Duran", Silly haircuts and getting p****d on Cider.....sorry I digress). Anyhow, This is my tact.

I am going to go for the 6 years right now, and then once got it I wil be watching the threads to see if viable to go back further based on wether Banks "Knew" they were making profits from this course of action ( 'scuse me, but we only have to ask to look at their annual profits breakdown for the period, and it should be obvious, none of this debate about prior knowledge etc, they are proffesional institutions employing some of the best brains, lawyers, solicitors etc.......so someone knew what was going on.....and this brings in the deliberate concealment clause of the Statute of limitations act) Plus remember, thatif they pay on your original claim, that is a admission of guilt.

A question though. On my current action, I am going to use the spreadsheets here..which have a section to put in "estimated past charges, to enable it to work out what you've already spent on charges, and so hence would in theory not be so overdrawn by at the point on 2000 when you you are going back to. However, if you do this, and then file a claim later for charges prior to 2000, how does this compute? Surely you have already claimed for the interest portion of these charges on your initial claim, so does this mean that you only claim for the actual charges themselves, or does it mean that you have to submit your original claim within that in order to be adjusted back or forth in line with what you've already recieved?..... soryy if seemed confused..........I'm not an accountant.........I'm ann artist !!!!

:???: :???: :???: :???:

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

I have just received my statements from the Halifax and they go back more than 10 years, back to 1992. I had only been looking at the relavent ones from 2000 as I thought it was a six year window, but what I have found really confusing is that for the first three years (2001-03) there are a number £5 bank charges - and I have to say I can never remember ever only being charged £5. Looking at some of the statements prior to 2000 (outside the 6 year window) my charges were £28,£30, £39, £60 etc, the amount at which I had gone into my overdraft was always similar. I dont understand how there can be three years out of 10 that changed.

 

I know this must sound very confusing, believe me I am confused. Can the banks alter your statements knowing that you're not likely to remember six years back. In my case there were 12 charges applied in the first three years I am able to claim but for some reason, and I honestly dont remember, I was charged only £5.

 

Has anyone else found this, please help.:???: :???: :???:

 

If the statements had been altered you would know about it. The account balance wouldn't carry forward to the next statement.

Link to post
Share on other sites

I agree bong & this discussion is a bit OTW. Nevertheless I would point out your assuming the PO would know that & remember all the other entries on the statement some of which may have been inserted to alter the balance.

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1913 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...