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

court threat from Brian Carter sols


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

Thread Locked

because no one has posted on it for the last 3945 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

Has it actually got the Prescribed Terms on the actual agreement you signed? Or are they trying to say an application form is an agreement? And have they sent T&Cs on separate paper? If they have said the T&Cs were on the back of the agreement, do the conditions match with the front? If they are saying conditions were on the back, do they look as though it could be a cut and paste job?

Link to post
Share on other sites

  • Replies 88
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

you REALLY REALLY should NOT be settling ANY debts

 

with FIRST CCA'ing whomever is demanding money off you!!

 

effectively on those other debts

 

all you have done is WASTED the money

as its marked Partial settlement

 

that leaves the rest open to be chased.

 

to goto court they MUST

have a signed original copy of the agreement

doesn't matter if you've been paying the debt

 

just because they have been cash cowing you.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

you REALLY REALLY should NOT be settling ANY debts

 

with FIRST CCA'ing whomever is demanding money off you!!

 

effectively on those other debts

 

all you have done is WASTED the money

as its marked Partial settlement

 

that leaves the rest open to be chased.

 

to goto court they MUST

have a signed original copy of the agreement

doesn't matter if you've been paying the debt

 

just because they have been cash cowing you.

 

dx

 

Hi, I don't think you are correct in your assertion.

 

I have written letters from the debtors signed saying that the debt is paid in full.

 

The credit file entry is debt settled in full but the reference is to that it was part payment of the total, i.e negotiated settlement.

Link to post
Share on other sites

Just looked through my notes and the reference is noted as settled.

 

And I don't pay money to anybody who asks for it.

 

If I have borrowed money I want to pay it back and am only paying back those that I have borrowed from so far at 40% with a signed agreement. I don't know what is so bad about that?

Link to post
Share on other sites

as long as your cra file says settled not partial settlement

and also does not show default you should be ok.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Right I have gone all through my files all wknd. And I am pretty good with keeping them.

 

I found my sar requests and I found what they sent me, no contract, just transaction details.

 

I found another letter from me asking for the contract which I haven't got a reply for.

 

I can't say with 100% certainty that there isn't a contract but it looks pretty much like there isn't one.

 

Just to note the account was opened in 2005.

 

I have gone through the current charges and currently they are £200 I estimate that I would be able to claw back £300.

 

I want to contact them as soon as possible. What would be my best course of action given this new information?

 

Thanks

Link to post
Share on other sites

Carter wont agree to anything less than what he states. He is a solicitor for hire. He will file a court claim, then the second you file any kind of defense or even acknowledge the claim form, he does a runner and leaves the creditor to pick up the pieces.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Write to them, do not phone them, and say that despite your requests, Capital One have not supplied a copy of the alleged credit agreement and you will not be making any payments until any such agreement is provided to you.

 

Say that the Waksman judgment in Carey v HSBC, paragraph 234 (4) states that where an agreement has been varied a copy of the original agreement must be supplied.

 

As renegade says above, he won't negotiate and they have already told you this, so your choice is to challenge him, or to pay the whole lot.

Link to post
Share on other sites

Well I'm not paying the whole lot.

 

My personal belief is that many might not agree with is that I am responsible for my debt,

but also that the credit card company should bare some responsibility too because they lent me £2000

when I was at the time earning £13000 and had other debts of over 15k at the time.

 

I have been lucky enough for someone to help me get out of this mess and I can go to 40-50ish % with all my creditors so I can start afresh, and that is what I will pay cap 1.

 

Can I write that about the contract? The last time I asked for it was 2008!!!!

 

I guess if they are taking me to court the least they could give me is the contract so I can defend myself!

Link to post
Share on other sites

BC said they they cannot negotiate, but they can go back to the client with any offer. They have told me previously that they are quite certain that 40-50% wouldn't be accepted, but kind of implied that their offer of 70% could be lowered to 60%.

 

Hopefully the contract situation might help but then again they may well have a contract! I cannot be 100% certain of that just yet

Link to post
Share on other sites

have got all the statements on this on?

 

no PENALTY charges or PPI?

 

they are offering a discount for a reason...find it and get the FULL discount

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi, yes as I mentioned before approximately £300 pen charges + looks like no contract.

 

Reason I assumed is financial hardship. I have debts (or did before I paid the last two off of 25k and I have been unemployed the past 10/12 months and have only just gained employment.

Link to post
Share on other sites

Update.

 

Just phoned them up.

 

I asked whether the offer had been accepted or not. He said hasn't heard back.

 

I then asked about the original contract and stated the case above.

 

He said that Capital one are one of the best at keeping documents and no doubt they will have it.

 

However, he said, they do not need to provide the original signed agreement, just a true copy with terms and conditions. Is this right or not?

 

Also, when I phoned fredrikson international answered the phone, then later this guy on the phone tried to convince me they were the same company, I asked why do they answer his phone then? He changed the subject.

 

Weird. Need to get this settled.

Link to post
Share on other sites

Update.

 

Just phoned them up.

 

I asked whether the offer had been accepted or not. He said hasn't heard back.

 

I then asked about the original contract and stated the case above.

 

He said that Capital one are one of the best at keeping documents and no doubt they will have it.

 

However, he said, they do not need to provide the original signed agreement, just a true copy with terms and conditions. Is this right or not?

 

Also, when I phoned fredrikson international answered the phone, then later this guy on the phone tried to convince me they were the same company, I asked why do they answer his phone then? He changed the subject.

 

Weird. Need to get this settled.

 

You must stop phoning them up. DCAs say things on the phone that they would not put in writing. And if they do take you to court, you will have no record!

 

Capital One are one of the worst at keeping documents :lol: and, as I have already told you, in nearly five years and having looked at dozens of Capital One threads I have never seen one which is compliant with the Regulations of the CCA 1974. They won't have it. Why would they have yours when they don't have anyone else's?

 

If they want to enforce in Court they must have the original document. If you would put everything in writing he'll have to answer in writing.

 

Why on earth are you listening to him? He will tell you anything to get money out of you.

 

Freds and BC work out of the same offices. Freds are a DCA and if they want more 'muscle' they pass to BC. :roll: Not that he has any anyway.

 

I know you want to settle, but you are in a stronger position to negotiate if you know your rights.

Link to post
Share on other sites

Ok thanks Danielle.

 

I need to get a letter out asap.

 

But I need some help because I have confused myself slightly.

 

I would like to settle at 40-50% asap, if this is possible. I do not want to settle for more than this.

 

I have charges on the account totalling £300

 

I don't believe there is a contract for this account

 

Now how to I get those points in a letter to get the best resolution?

 

Do I need to do another cca or sars request for the contract even though I did this previoously and paid £10? Although this was about 4 years or so ago?

 

Any help would be grateful please.

Link to post
Share on other sites

Hi florecita,

 

At this stage do not make an offer in your letter.

 

Write to Mr Carter, and say that before you are prepared to make any payment you will require to see a copy of the original alleged credit agreement. (Do not use the word 'contract'.)

 

Then say.

 

I am not prepared to accept a reconstituted copy of the agreement or some Terms and Conditions. As you will be aware the Waksman judgment in Carey v HSBC, paragraph 234 (4) states that where an agreement has been varied a copy of the original agreement must be supplied.

 

I would advise you that I asked Capital One for a copy of my agreement in 2008, and paid the relevant fee, and they were unable to provide it, so I am somewhat surprised by your statement that they are "the best at keeping documents."

 

I look forward to receiving a copy of my original alleged credit agreement.

 

Yours sincerely,

 

Don't say anything else at this stage.

Link to post
Share on other sites

He said that the guy who phoned me last wk would get in touch about regarding the offer I made once he has heard back from cap 1.

 

Regarding the contract he kept on telling me that they don't need to give me a signed copy only a true copy (whatever that means I think a version there of but not the original!) but he said there is no point sending to them if I want a copy I should do a cca request to cap 1 direct. Maybe I should just send the letter to both?

 

But then again they are using BC as an interface for communication so I should write to them? Am a bit confused.

 

Would also the fact that I have made an offer negate any future statements that the agreement is invalid due to there being no contract?

Link to post
Share on other sites

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...