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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)  
  • 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

Lee v Halifax ***SETTLED IN FULL***


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Hi, Been a member for just over a week, so thought Id make my first post.

 

I am now taking on the entity known as Halifax PLC to get my money back, I reckon they owe me a couple of thousand back in bank charges.

 

Ive requested my bank Statements directly from them, didnt bother with the SAR (is that Ok?), still waiting for them to come through.

 

Got the excel spreadsheet ready and waiting to calculate how much they owe me and will take great delight in sending off my Pre-lim.

 

Ordered them last wednesday so any day now :)

 

will keep all informed.

 

 

Lee

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  • 2 weeks later...

Hi, sorry this is my 2nd thread as cant find my first one lol, (will bookmark this one).

 

Rang up halifax on the 18/10/06 to request statements

 

Rang up again on the 24/10/06 to see if they have been sent. Got told yes.

 

Today (01/11/06) got a letter from them asking me to pay the £5 payment to cover the costs.

 

Rang up and moaned stating that Id already told them to take the £5 out of my account and what is going on as Ive been told that have already been sent.

man on phone stated that all calls to belfast are recorded and that he would contact the manager of the person who told me and if its true they will send them straight away, He even said he would call me back to let me know, so Ill give him till tomorrow and see if he does.

 

WANT MY STATEMENTS SO BADLY NOW LOL!!!!! Want to get an idea of how much Im gonna get :)

 

Anyway will keep u informed.

 

 

Lee

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Update:- Rang Halifax again today as no phone call recieved. I have been told

that I dont even have to order my bank statements and that all I need is an information letter detailing them all and there is no charge for this :)

 

She has said that she has ordered it now and it should be with me in 7 - 10 days :)

 

Lee

 

18/10/06- Requested Bank statements by phone

24/10/06- Was advised bank statements sent

01/11/06- Letter recieved asking for £5 charge. Called Halifax promised call back.

02/11/06- No call back received. Requested information letter detailing charges.

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3/11/06, Got a call back today from the man I spoke to on the 1/11/06.

 

Told him that Id been told that I dont need the statements etc and he said that I do and that there on my way to me lol, Cant beleive that place, they really dont have a clue what their doing lol!!!!!

 

Anyway, gonna call again monday and make sure theyve been sent.

 

Lee

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Hi, have just sent my prelim and got a few questions and hoped someone could help:)

 

How likely is it that they will close my account? Im claiming £687.

 

Do they put the money directly into your account or by cheque?

 

How likely/often do they just settle after the prelim?

 

 

Thanks in advance

 

 

Lee

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Replies in red........

 

Hi, have just sent my prelim and got a few questions and hoped someone could help:)

 

How likely is it that they will close my account? Im claiming £687.

 

We can't give any precise answer to that, but they are not in the habit of closing accounts. You need to be prepared for this though, just in case.

 

Do they put the money directly into your account or by cheque?

 

If the account is still active then it will be refunded to that.

 

How likely/often do they just settle after the prelim?

 

They are most likely to settle in full after the court claim is issued.

 

Thanks in advance

 

 

Lee

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

Ok received a letter through from Haliprats on Friday (17th Nov), offering me £212 pounds. Im claiming £687.

 

My LBA isnt due until next friday but seen as though they have replied to me am I right in thinking that I should accept it as part payment etc.

 

NOW THE CONFUSING BIT:)

 

Im going to attempt to claim contractual interest!!!! lol

 

Has anyone got an idea of what kinda letter I need to write them, bearing in mind that I will accept the £212 in part payment, its my LBA and also that I will be claiming Contractual Interest????

 

Also is there any other halifaxers who have been succesful in claiming contractual interest???

 

From phoning the customer realtiones department the other day they didnt even know what it is???

 

Please help :)

 

 

Lee

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From what I've read on other threads, its better to do separate claims for separate accounts or its gets confusing! If you get any spare time, ( do any of us get spare time? ) take a look through the winners threads. A lot of my ques have been answered by looking through ones that have gone the whole way and won!!! Most of the answers you want will crop up in there.

*Hayley*;)

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  • 3 weeks later...

Filed on the 5th deemed as served on the 7th. Have rang Halifax today to make sure they've received it and they have:) , So just a waiting game now!!!! Im starting to get very excited lol. Anyone have any idea how long it will be now, Ive been trawling throught the other posts. Some people are saying that they seem to pay out on the wednesday after its been served????

 

As everyone else whos been in this situation I keep on thinking there gonna drag it out!!!!

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  • 2 weeks later...

Ok little update, Rang Rachel Hincliffe, She said no claim recieved!!! Faxed through to them. She confirmed recieved. Said acknowledgment of service done on friday. Its now Tuesday and I havnt had anything in the post? Should I have by now? She said to me they now have until the 4th Jan to put a defence in? I thought the acknowledgement was the defence???

 

Any ideas?

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lee.all the banks know these charges are illegal,they wont defend because they know they will lose,if your having any doubts read all the posts on this website,if that doesnt convince you ,go to www.money saving expert.com there are dozens more examplews of settlements and tips on how to continue your claim succesfully.EVERYONE dont let them convince you to settle for less than the full amount.

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Got the letter through yesterday offering me settlement. They wont consider the contractual interest part of my claim but really need the money so have called and the woman said she will make a note that I will take the money. I havnt actually said to them yet that might continue for the contractual, (worth about £500), I just want to make sure I get the first bit of the money in. She says it will be between 5 to 10 days apparently. Anyone have any experience of how long it actually takes???

 

Another quick thing, Why is it that some people just find the money in their account and then get the letter but others like me get the letter first?

 

Is halifax not asking for people to accept it first?

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If you accept this payment (presuming that it will be called 'full and final') then it is the end of this claim, you can't change your mind about the contractual interest bit later.

 

That's not to say you should or shouldn't accept it - that's up to you only - but I just want to make that point clear.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi all, hope everyone had a good christmas.

 

Ive rang Halifax again today and asked when the money will be in my account. They have said probably late next week now!!!! I cant really wait that long as Im away for new year and really need the money!!!

 

Anyone got any idea how long it really takes?

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Have just rang again and went through to the actual department. She just told me someone has been dealing with it today and the money should be in there by the end of today!!!!:D

Im well chuffed:). well when I get the money in there I will be:D

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CONGRATULATIONS

 

Please take a minute to complete our SURVEY too.....

 

We will move the thread in a few more days - let others see the success first!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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