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    • 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.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
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Is the bank taking your Benefits ?


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Oh dear, and I have a sufficiently big bottom for them to bite.

 

I have not heard back from Lloyds since writing to inform them that much of the information (ALL of my recorded banking history with their institution), which I requested and for which I paid the statutory £10 back in No vember 2006, had not been produced by them.

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I love this which was sent to me by a friend. Just had to let you all see a copy:

 

This is brilliant-wouldn't you love to do this

 

A 98 year old woman wrote this to her bank. The bank manager thought it amusing enough to have it published in “The Times”.

Dear Sir,

 

I am writing to thank you for bouncing my cheque with which I endeavoured to pay my plumber last month. By my calculations, three 'nanoseconds' must have elapsed between his presenting the cheque and the arrival in my account of the funds needed to honour it.

 

I refer, of course, to the automatic monthly deposit of my Pension, an arrangement which, I admit, has been in place for only eight years. You are to be commended for seizing that brief window of opportunity, and also for debiting my account £30 by way of penalty for the inconvenience caused to your bank.

 

My thankfulness springs from the manner in which this incident has caused me to rethink my errant financial ways.

I noticed that whereas I personally attend to your telephone calls and letters, when I try to contact you, I am confronted by the impersonal, overcharging, pre-recorded, faceless entity which your bank has become. From now on, I, like you, choose only to deal with a flesh-and-blood person.

 

My mortgage and loan payments will, therefore and hereafter, no longer be automatic but will arrive at your bank by cheque addressed personally and confidentially to an employee at your bank whom you must nominate.

 

Be aware that it is an offence under the Postal Act for any other person to open such an envelope. Please find attached an Application Contact Status, which I require your chosen employee to complete. I am sorry it runs to eight pages, but in order that I know as much about him or her as your bank knows about me, there is no alternative.

 

Please note that all copies of his or her medical history must be countersigned by a Solicitor, and the mandatory details of his/ her financial situation (income, debts, assets and liabilities) must be accompanied by documented proof.

 

In due course, I will issue your employee with a PIN number which he/she must quote in dealings with me. I regret that it cannot be shorter than 28 digits but, again, I have modelled it on the number of button presses

required of me to access my account balance on your phone bank service.

As they say, imitation is the sincerest form of flattery.

 

Let me level the playing field even further.

When you call me, press buttons as follows:

1-- To make an appointment to see me.

 

2-- To query a missing payment.

 

3-- To transfer the call to my living room in case I am there.

 

4-- To transfer the call to my bedroom in case I am sleeping.

5-- To transfer the call to my toilet in case I am attending to nature.

6-- To transfer the call to my mobile phone if I am not at home.

 

7-- To leave a message on my computer (a password to access my computer is required. A password will be communicated to you at a later date to the Authorized Contact.)

 

8-- To return to the main menu and to listen to options 1 through 8

 

9-- To make a general complaint or inquiry, the contact will then be put on hold, pending the attention of my automated answering service. While this may, on occasion, involve a lengthy wait, uplifting music will play for the duration of the call.

Regrettably, but again following your example, I must also levy an establishment fee to cover the setting up of this new arrangement.

 

May I wish you a happy, if ever so slightly less prosperous, New Year.

 

Your Humble Client

 

(Remember: This was written by a 98 year old woman; DOESN'T SHE MAKE YOU PROUD!!?)

 

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this is superb, what a dear! Ive just settled for 80% but already regret it as part of my POC was the bit about benefits.The offer and acceptance were by email marked without prejudice. Is it too late to pursue on the benefits issue, I am short by almost 600pound still and never tried for CI as it was so complicated.Like the idea of a collective suit against them,in theory that sounds like a good route to take.

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Could someone please help have received court date for the 28th of August. The account Iam claiming back charges for is used soley for benefits to be paid in. Have I left it to late to bring this to the attention of the courts or to use against the bank. Would be grateful for any advice

 

thanks Ragger

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Yes, I think it would be a good idea to take the blighters to court under criminal law for theft.

 

Think we need Jonchris. There's a woman (I am sure it is,) who appears to know her legal stuff.

 

Of course we have to find out if the same charges can be taken out against them in Scotland, England, Wales and Northern Ireland or do we have to get 20 (or however many) people from each coun try and bring 4 separate charges?

 

Do we collectively approach the Police or do we take it to the European Court of Human Rights? How? How? How?

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ragger no.

 

Prepare a skeleton argument about the sanctity of benefits & spring it on them by fax the night before the hearing. Your argument should include a brief reference to that evidence you will be relying on in court

 

Make sure you have all of your aces in place, Statute, Secretary of State correspondence etc, all of which is available in this thread

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Hi JonCris

Thanks for your reply would be grateful for help in wording a skeleton argument on the sanctity of benefits. I think I have the statutes that cover the benefits I receive namely Social Sercurity Admin Act Sect 187 and Tax Credits Act Sect 45. If you think I may have missed something I would be grateful for directions

Many Thanks Ragger

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Had 3 DCAs, all debts are alleged and in dispute, telling me that they can and will take my DLA into account as income :eek:

 

Luckily, sought advice from national debtline and CCCS and they advised DLA CAN NOT be taken into account as income :rolleyes:

 

Soz if this has been said before but only just found this thread...

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Vital Spark,

 

I understand that a number of class actions are in the pipeline (you need 20 people collectively for this), but can't remember where I read it.

 

Personally, I have an ongoing case, currently with the Court, and should it fail I will simply walk into a Police Station and make a formal complaint for theft against several members of the organisation I am in dispute with. I know the identity of these individuals and have a complete history of their actions (prior to all of this blowing up).

 

Take a breath, you need to be able to back up any claim you make, or it may come back and bite you on the backside.

 

Focus on getting back your charges and interest, and along the way gain as much information as possible.

 

Make notes of any phone callse you make - date, time, who you spoke to, what was said, and keep copies of all correspondence including statements.

 

I also keep news articles which show that the banks knew what they were doing is wrong but carried on regardless.

 

My God, if management don't know by now and haven't shown complete ignorance in the name of profit, they should have been removed from their position long ago.

 

Tide

What do you mean by a "class action"? I'm probably being El Thicko again, of course.

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Had 3 DCAs, all debts are alleged and in dispute, telling me that they can and will take my DLA into account as income :eek:

 

Luckily, sought advice from national debtline and CCCS and they advised DLA CAN NOT be taken into account as income :rolleyes:

 

Soz if this has been said before but only just found this thread...

Did the National Debtline make any comments on other benefit income?

 

What's the number for National Debtline?

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Joncris, do you have any knowledge and advice you can give us on the possibility of having the banks charged for breaking the law regarding them taking benefits from our accounts to pay their charges?

 

I went into a police station last week. The police are not interested as it is, they claim, not a police matter. They said that if the bank manager had his fingers in the till, that would be a different matter. Following orders, even if that is legally debatable is not a police matter.

 

Personally I would argue that if the manager has taken money from your account for banking purposes, for the benefit of the bank, that is having your fingers in the till.

 

It seems then that civil authorities see it as a criminal matter, and criminal authorities as a civil matter. In other words, as a middle class problem, benefit claimers are just working class oiks and should be grateful that such proper people are ripping them off. How dare you expect the police to look at such a frivilous matter as theft from poor, trailer park trash, you ungrateful, feckless waster. Pay your bills like people with £1000 a week plus benefits do.

 

(Nothing has changed since Dickens really!)

Doug

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Had 3 DCAs, all debts are alleged and in dispute, telling me that they can and will take my DLA into account as income :eek:

 

Luckily, sought advice from national debtline and CCCS and they advised DLA CAN NOT be taken into account as income :rolleyes:

 

Soz if this has been said before but only just found this thread...

 

Of course it can't although I doubt they knew it until you told them

 

The fact that the DCA's have claimed they CAN take your benefits is grounds to report them to TS & the OFT

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Hiya polonius. i relaly sympathise with you. Im going through the exactly same thing with the halifax.

 

I contacted them by letter twice then spoke to the customer relation manager thats apparently the highest person a member of the public is allowed to speak to???? so they say

 

So now i have contacted the ombudsman to try to get this money back. The main part they have taken is my daughters dla.

 

The customer relation manager told me if i want it back take them to court.

 

Good luck with your claim and keep us posted

 

karen

 

Karen may I suggest that you gather your evidence particularly that which confirms their action is unlawfull, Social Security Act 2002 + letters from the Secretary of Estate to the bankers representatives all of which are on this thread, & write together with that evidence to your local magistrates court & ask them to issue a summons on a charge of fraud based on the Fraud Act 2006 which states as follows & should be quoted when requesting the summons :-D

 

The Fraud Act 2006 came into force on 15th April 2006

 

The act is small as it contains only 16 sections plus 3 schedules.

 

All Theft Act deception offences are abolished to be replaced by 3 new fraud offences: fraud by misrepresentation.......fraud by failing to disclose information and fraud by abuse of position.:o

 

Under section 1 a person is guilty of fraud if they are in breach of any offences in sections 2,3,4.

 

Under Section 2 representation must be made dishonestly which is established under the two-stage test as set out in Rv Gosh (1982) QB 1053, 75 Cr App R 154 in which the defendant was dishonest by the standards of ordinary people

 

Subsection (1) (b) requires that the representation is made with the intention of making a gain for himself or causing a loss or risk of loss to another. Loss and gain are defined in section 5 as being money or property

 

This section is very wide ranging & could criminalise a lie. e.g; if the bank refused a loan whilst suggesting a reason that was not true then that could be an offence as the victim would have suffered a loss or gain based on the lie of the defendant. Furthermore there is no need to show that the victim was even aware of the lie for there to have been a crime committed. The victimless crime. This could also be applied to the unlawful seizing of benefits :D

 

Merely an email setting out the true reasons for refusal even though not sent would constitute the crime. It would not matter to whom, if anyone the representation was addressed nor the eventual effect, if any.

 

Fraud by failing to disclose information

 

Section 3 provides that where a person dishonestly fails to disclose to another information which he is under a legal duty to disclose, & intends to make a gain or cause a loss or the risk of a loss an offence has been committed.

 

Fraud by abuse of position

 

Section 4 makes it an offence for a person who occupies a position in which he is expected to safeguard, or not act against the financial interest of another person, to abuse that position dishonestly and intend, by means of the abuse, to make gain or cause a loss or risk of a loss to another. This creates a very broad offence which may catch the banks.

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JonChris

 

You talk about a letter from the Secretary of State to the bankers' representatives - do you have a referenec or link?

 

Secondly, there was a lot of discussion about the possible use of the Theft Act/Fraud Act on this thread

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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I have only just found this thread. How dare the banks steal benefit money leaving the recipient with virutally nothing:mad: . This is actually happening to me right now. My bank closed my account earlier in the year ( WITHOUT giving me the 30 days notice they should have done) . I owed them a fair bit of money and they sold me debt on ...........but my child tax credit still goes into this closed account just to pay a firm of debt collectors, I only pay them £10.50 a week and they have been writing to me asking for more, but they are not getting a penny more from me.

 

I would really like to know how payments can still go into an account that is offically closed?????

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Have you set another bank account up? If so I would call the tax credits and change your bank account details to have any future payments paid into there. I would then contact the bank who is taking your benefits and arrange a separate payment plan with them to pay them back. Alternatively copy and paste the letter at the start of this thread and send that into the bank.

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Hi dizzy bat , you could always get the child tax credit paid into another account and re-negotiate using income and expenditure...

 

 

Yes I am in the process of beginning to get my child tax credit paid into another account at the minute. I am also about to go into an IVA and have been advised not to pay any of my creditors a penny until that is up and running.

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Hi

 

I am helping my sister to reclaim her charges back and am just about to send the LBA. However all the credits at the time going into her account were Benefits mainly Income Support, tax credits and family allowance. Do you think I should add something into this letter to explain about taking benefits? If so how do you think I should word it. Any help much appriciated Thanks

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Hi lynski

 

IN your LBA youprobably have a paragraph with a list of legislation - UTCCR 1999, etc

 

Add to the list:

 

Social Security Administration Act 1996 section 189 if she is claiming income support, job seekers, invalidity benefit, etc

 

Tax Credits Act 2006 section 45 if she is claiming working tax credit or child tax credit

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

 

 

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