Jump to content


  • Tweets

  • Posts

    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
  • 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

jodyperry v HSBC


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

Thread Locked

because no one has posted on it for the last 6400 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

Hi

 

just another note. I'm getting kids of worried they only have 6 days to reply before i do my mcol and I havn't heard a thing. By looking around it looks like its norma to hear something by this stage even if its the standard 'we are right you are wrong' letter. Has anyone else got to this stage with no corresponcence whatsoever?? Also i'm a bit worried at having to stand up in court and not know what I'm talking about I've got my head screwed on and have researched this site a lot but i'm no solicitor has anyone had to stand up in court and lost??

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

  • Replies 113
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

ANYBODY??? Really worried about this lack of reply

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

Hi Goonertw

 

If you want to see the letters I wrote do a search for my forum - Rulzi vs. HSBC - the story so far. I got my money back within 3 weeks of sending my first letter - I have put copies on my thread.

 

If you can't find it try this link;

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/27367-rulzi-hsbc-story-so.html?highlight=rulzi

Link to post
Share on other sites

getting quite worried about the lack of contact i hope i havn't done anything wrong??

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

I am getting a bit worried. I have to do my MCOL on tuesday and I havn't had ANY sort of contact from the bank. From what i read it is normal for them to have written to you with their standard you signed an aggreement letter by now but i've had nothing and I'm starting to panic that I've done something wrong?:confused:

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

I wouldnt worry at all, I filed my MCOL on Monday 25th september, having had no replys from any letters i sent!! I think they are inundated at the moment! Then yesterday i received a letter dated 25th September saying they didnt agree with having to refund the charges etc.......As they are laid out in their

T & Cs ........ Too late MCOL already filed with 8% charges!!! Good Luck:D

Link to post
Share on other sites

:D Thanks I'm glad its not just me. I was getting worried because i made the mistake of only giving them 7 days in my prelim letter and sending statements wiith charges highlighted rather than the spreadsheet, as I hadn't come across this site by then. I also sent 2 seperate letters for each account on my 1st approach but made sure my LBA was for both accounts. I am glad in a way that they havn't responded because the £700 in interest alone will be quite nice:D . Just worried cause i dont want to cock up my charges!

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

2 days to go before MCOL I havn't heard a thing and to be honest that extra interest money is looking very appealing!! lol

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

I have to submit my claim to MCOL tomorrow. At no point in any of the 1st letters did I add any contractual interest. Can I do this at the court stage if i havn't included it before or do i just stick with the 8%

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

Hi

 

i need to file my mcol today and in my letters to the bank I have not claimed any of the interest on my overdraft. Can i still claim this at this point or can i only claim the 8% here?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

hi

 

my claim is showing as issued today does this mean that they have 14 days from today to answer the courts?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

hi - you will get a letter from the court in the next day or so which will tell you when the 14 days starts to run. It's usually 2-3 days after the date of issue to allow for postal delay.

Link to post
Share on other sites

I think overdraft interest can only be included if the overdraft was only due to unlawful charges. For most, these can be difficult to calculate and probably not worth the hassle.

 

You can however charge interest on the fees themselves at either 8% or the contract rate - which is more like 25%. I have gone for 8% but amounts involved are relatively small.

Link to post
Share on other sites

I think overdraft interest can only be included if the overdraft was only due to unlawful charges. For most, these can be difficult to calculate and probably not worth the hassle.

 

you're right about it being overdraft caused by the charges but there is a spreadsheet in the library that does the calculations for you so it's not too hard. It was only the fact that jodyperry hadn't asked for it back in her/his letters.

Link to post
Share on other sites

BONG

 

Sorry quick question; !

 

Have you had more than one CC with say barclaycard or HSBC ??

 

I have won bank Charges Vs Halifax and am now sorting myself out for Credit Cards ! so was just checking when you have requested statements will you get ALL or just for one card at a time ??

:rolleyes: TRICKYPICKLE :rolleyes:

Account One (Mine Closed for 2 or so years)

Claiming £712 & 8%.....

Sent Prelim Letter 7th August

Bog Standard Reply 11th August

Letter Before Action Sent 21st August

Reply with offer of £120 28th August

MCOL sent 2nd October

MCOL Acknowledged 4th October

5th October HALIFAX OFFER FULL CHARGES COURT FEE & 8% interest !!!

7th Oct; Cheque arrived in post !!!

:lol: :lol: :lol:

Account Two (Joint still open (for now!!)

 

Claiming £ 1900 odd and rising !

 

Sent Prelim letter 7th August

Bog standard reply 11th August

Letter Before Action Sent 21st August

Reply with offer of £ 788 6th September

MCOL sent 30th October

MCOL acknowledged 6th November

HALIFAX LETTER 8th Nov ... NO REFUND Blah Blah Blah

 

Link to post
Share on other sites

trickypickle - I haven't had more than one card with the same company but would have thought it wouldn't make much difference whether you send one letter covering both accounts or two separate letters.

 

You should start your own thread for this.

Link to post
Share on other sites

i added interest not just 8% of it all but the interest that was on the basic spreadsheet is this right?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

ionterest on the charges you are now disputing is worth claiming, especially if you are perpetually in overdraft like i am, on a £400 claim it was £60 for hsbc and on £1200 at woolwick it was £150 :o not sure you can add it after the MCOL has been issued tho, dont see why you couldnt add it at that stage. show the kjudge you were willing to accept just the principal amount but as they messed around with you you are going for all of it

me against the abbey Paid in full (donation made)

me against the woolwich Paid in full(donation made)

me against HSBC Paid in full(donation made)

 

 

beware the scrapbooker, for she has a long memory and sharp knives :lol:

Link to post
Share on other sites

PLEASE PLEASE help i'm really scared now cause ive cocked my spreadsheet up and the amount at the end when i looked at it just before filing my MCOL was different somehow to the amount on my LBA. I dont know if one of the kids has messed about with it? so when i filed the MCOL i did it for the amount on the lba but now i've got to redo the spreadsheet and hope it all adds up:sad: If for some reason I'm not getting the same amounts is this likely to rubbish my whole claim??

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

Don't worry it won't matter. I had a different amount on my LBA than my spreadsheet and sent them both off in the same envelope. Shouldve change it but knew I would get to court stage anyway so didnt. I also included an amount unknowingly that had been refunded by the bank so the total didnt match anyway. I receive my cheque within the next few days so it obviously didnt affect it. If you have had contact from D G then just ring them and advise them of the amount it really is - they are very nice to talk to actually. Otherwise if it isnt served yet then just advise the court and they will change it.

Sarah

Link to post
Share on other sites

it says issued does that mean it has been served already?

HSBC - 11/9/06 - prem letter sent

19/9/06 - lba sent £3391 requested

5/10/06 - MCOL

17/10/06 - offer for £1600 on one account recieved

28/11/06 - Full offer recieved

 

Capital one - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent for £640

 

Lloyds TSB - 13/9/06 -letter asking for statements sent

17/10/06 - prelim sent fro £732

Lloyds TSB - 26/9/06 - prem letter sent - £391

Link to post
Share on other sites

Hi again

Think issued means they have sent it to them but they havent necessarily recieved it yet. Think maybe it is classed as served a few days later. May be too late to alter it. I would speak to DG once they acknowladge it. Unless someone else can come up with some advice???

Sarah

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...