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    • 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 If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 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 756050. 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)     Thw 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 Firrst 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.  A 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.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • 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.

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T-Mobile Penalty Charge


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Hello, I wasn't sure where to post this but this is as good a place as any.

 

I recently had a bounced Direct Debit for my monthly T-Mobile phone bill and paid over the phone a couple of days after it bounced. Got this month's bill a couple of days ago and I'm apparently being charged £23.50 for an unpaid direct debit penalty charge! Not run into this sort of thing before with phone companies! I also got charged £3 for paying the balance over the phone, so have in effect been charged £26.50 by T-Mobile for the bounced direct debit (and will be charged on the bank's end too, boo!). Would the bank charge situation apply to a phone contract also?

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Hello, I wasn't sure where to post this but this is as good a place as any.

 

I recently had a bounced Direct Debit for my monthly T-Mobile phone bill and paid over the phone a couple of days after it bounced. Got this month's bill a couple of days ago and I'm apparently being charged £23.50 for an unpaid direct debit penalty charge! Not run into this sort of thing before with phone companies! I also got charged £3 for paying the balance over the phone, so have in effect been charged £26.50 by T-Mobile for the bounced direct debit (and will be charged on the bank's end too, boo!). Would the bank charge situation apply to a phone contract also?

 

You can claim the £23.50 back, the £3 you can as they say its costs to cover the Admin for not paying by DD. Bollocks really

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Absolutely - the sooner these companies realise we're not going to tolerate this, they'll learn the hard way. Can I suggest you end ALL your direct debits and take responsibility for making these payments yourself? If your bank offers Home Banking, it's easy to arrange and the phone company whould be hard-pressed to prove that it cost them more to administer your account when you paid electronically, than when they just 'took' it"

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Hello, SORRY ASH TO HIJACK YOUR THREAD!

my wife got exactly the same letter and same cost,what should she do pay this bill minus the £23.50 or pay the full amount and then try to reclaim this £23.50.?

 

Would appreciate any help here, and ash sorry once again to hijack your thread!!! appologies mate

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Your choice really... if you fail to pay it they will chase you, and may end up taking YOU to court - but it's only as scary as the other option; which is that you pay it and claim it back via the courts.

 

To be honest there is no real end-game disadvantage either way; you will end up getting back your money without it having any effect on your credit rating.

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Yup - do what you feel comfortable with. If you don't want to appear the baddie - pay the amound they request in full, then advise them due to the charges you regretfully will be cancelling your DD. THEN, yopu can advise them you will be making a claim against them for these unrealistic fees if they cannot provide a breakdown of costs.

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I am in the same situation, I not only was charged £26.5 from T mobile but also £30 from my bank I have changed banks and phone service, just need to get the charges back now.

 

Kirsty

Kirsty

 

Nationwide

S.A.R - (Subject Access Request) sent 15th Oct 06

Standard letter received 19th Oct 06

Statements received 27th Oct 06

Prelim letter sent 30th Oct 06

L.B.A - (Letter before action) sent 20th Nov 06

MCOL - Issued 6th December

 

Bank of Scotland

S.A.R - (Subject Access Request) sent 20th Oct 06

Letter received thanks for request, but we need account details ect, Can they not read! 6th Dec 06

Goldfish

S.A.R - sent 2nd Nov 06

Standard reply received 21st Nov 06

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I am in the same situation, I not only was charged £26.5 from T mobile but also £30 from my bank I have changed banks and phone service, just need to get the charges back now.

Kirsty

 

Just get the ball rolling - we all had to start somewhere!

 

:)

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No. Ask to see their bank statement.:) (Since they initiated the transfer, it's a bit strange why their bank would want to charge them for something they've done), after all YOUR bank could have charged you £30 for NOT paying it!

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My bank ARE charging me for the failed DD, so I will have effectively paid £55 in charges when the original bill was £41.

 

What's especially galling is when I first set up the phone contract I requested a pay date after my monthly pay day so I wouldn't have this kind of problem, which they completely ignored and set the pay date to 3 days prior to that, when I have the least money. When I rang up to try to change it they told me I had to wait until after the first payment went through and of course I forgot to ring again to get it changed, being as I have a life outside waiting in call systems which I consider akin to having my fingernails pulled out one by one.

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Absolutely - that's why it belies belief that you should have to pay T-Mobile's bank charges, after all they're not paying yours! You really need to get ALL these charges back, so explain to the bank that T-Mobile didn't take it out when thgey shoulkd have (gloss over the bit about the first payment needing to go through first). As a one off, they might waive it - if they stick their heels in, treat them with the same disrespect and demant repayment of all/any penalty charges levied previously. That'll teach 'em!

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  • 3 weeks later...

I have also just been sent a bill with this ridiculous (and unlawful) charge on it as my DD bounced last month. I haven't had a chance to have another look through the contract I signed with them yet, but I wondered whether I could terminate the contract on the grounds that it does not comply with UK law. If anyone has any ideas I would be grateful!

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No, you won't be able to repudiate your contract based on this alone. However, you can turn it to your advantage by writing to them and saying that you believe the fee charged is being used to 'fine' you, and this in itself can be challenged in the courts, as such, you call upon them to provide costings that the fee charged directly related to the rejection of their claim for payment. (You have paid them by other means, haven't you?). Explain that in view of their actions, you are unwilling to permit them to take funds from your account in the future, and the DDM is cancelled. (Make sure you tell you bank).

 

Also add in your letter you will arrange to pay their invoices on presentation directly via BACS (if you bank online this is a breeze) and ask for the account and sort number, along with any reference they require to be quoted with such payment. If they say there is an additional fee for not paying by DDM, say this fee will also be challenged, and to ensure it does not appear on your account. If the foregoing does not meet with their approval, you will agree to their closure of the account within the next 30 days with no penalties.

 

That should make them take you seriously!

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I think I would be inclined to pay these charges in this situation and then claim them back. The phone company would be likely to suspend your service if you didn't pay and you would then be in a position of waiting for them to sue you before you could take any action.

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No, you won't be able to repudiate your contract based on this alone. However, you can turn it to your advantage by writing to them and saying that you believe the fee charged is being used to 'fine' you, and this in itself can be challenged in the courts, as such, you call upon them to provide costings that the fee charged directly related to the rejection of their claim for payment. (You have paid them by other means, haven't you?). Explain that in view of their actions, you are unwilling to permit them to take funds from your account in the future, and the DDM is cancelled. (Make sure you tell you bank).

 

Also add in your letter you will arrange to pay their invoices on presentation directly via BACS (if you bank online this is a breeze) and ask for the account and sort number, along with any reference they require to be quoted with such payment. If they say there is an additional fee for not paying by DDM, say this fee will also be challenged, and to ensure it does not appear on your account. If the foregoing does not meet with their approval, you will agree to their closure of the account within the next 30 days with no penalties.

 

That should make them take you seriously!

 

Thanks Buzby, I got the same this morning £26.50 for canceling my DD (due to my dispute with my bank). I don't think so. I'll be taking your advice & writing that letter. I'm 6 months into an 18 month contract & I wouldn't mind a reason to end the contract - I'd rather pay as you go. It's actually my wife's phone but in my name. I only agreed to a contract so she could get a smart phone.

Capital One Success after Letter asking for charges back;)

Alliance & Leicester Success after threatening court action :p

Abbey Sent Court Bundle, waiting for court date....

T-mobile Called, sent letter & called again - Charges Dropped:)

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Okay, that was interesting. Decided to make a call 1st to try to solve this. 1st time got cut off after 6 mins waiting. 2nd time got through to a human. After Ususal recorded messages saying this call may be recorded etc. Told him I was recording this call for my reference. & asked him to explain the charges on my bill. He went away & came back saying that I had to ask him for permission to record the call & he was unwilling to continue!

Capital One Success after Letter asking for charges back;)

Alliance & Leicester Success after threatening court action :p

Abbey Sent Court Bundle, waiting for court date....

T-mobile Called, sent letter & called again - Charges Dropped:)

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I would ring them back ask the questions and don't bother to tell them that you're recording it.

 

...because in LAW you don't have to ask for permission to record "for your reference" - only if you intend to "share" the recording with a third party!

 

Obviously if this came to court, you would have to ask the Judge for permission to present a recording obtained in this way; but if it was relevant to the case, the court could theoretically deem themselves falling outside the definition of "a third party", and it's easily possible that they would allow it...

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here goes....

Capital One Success after Letter asking for charges back;)

Alliance & Leicester Success after threatening court action :p

Abbey Sent Court Bundle, waiting for court date....

T-mobile Called, sent letter & called again - Charges Dropped:)

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Absolutely. What they overlook is that whilst hteir machine is telling you that they're recording the call - there is nothing stopping you similarly making a standard statement that YOU are recording the call and it may be used..... etc etc. The fact they may not be listening at the time is their problem, as you advising them of the recording at the same time discharges you from further disclosure.

 

You'll find that your customer record may be annotated with an alert that says you're a troublemaker (in coded terms) so be prepared to be asked in future if you are. As for them refusing to deal with you - if they record the call and do not give you any chance to opt out, then they cannot reallt expect to have any right of veto if you choose to do the same thing!

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