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    • 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  
    • 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.
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      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.

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So Vanquis have finally given me a response to my SAR! ( 32 Default Fees..! )


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However, trawling through the list of things - I'm not 100% sure what I should be reclaiming, as far as I know just default fees. A quick skim (not spreadsheeted yet), reveals at least..

 

32 x £12 Default Fees ( "DEFAULT FEE PLAN INT FREE" )* = £384

34 x £6 ID PROTECTION = £204

22 x Various Amounts REPAYMENT OPTION PLAN = £88.89

 

 

In fact, during the life time of the account - it wasn't used apart from a few months here and there, approximately 5/36, and all that was done was charges.

 

I should note, the total of the default fees alone is higher than the limit on that card - although the card was settled in full. So there's no argument regarding any default here, but if the state of affairs was similar with a Capital One card I had then I may have an argument there. (Although, after reading one thread were CapOne never backed down about the default and it went to court, I probably won't be trying that as lovely as it would be to have that default removed!)

 

Now, the above figures are obviously without interest and ignoring interest fees themselves. However, I've read a few conflicting things about interest calculations; I've read that a flat non-compounded rate of 8% should be applied to charges when claiming them back, but then I've also heard to use the card's APR!

 

Similarly, on another thread on here (albeit, from a couple of years ago) - someone suggested sending both a claim for a ROP, and a claim for default fees - but as two separate claims.

 

Realistically should I be focussing on just the £384 at a flat rate of 8% interest (£414 or so) or should I be gunning for ID Protection and ROP refunds too, along with the card APR on the default fees?

 

Sorry for posting such a common question, but I can't seem to find a definition of unfair charges or a list of claimable ones anywhere; and I'm unsure whether the spreadsheet I looked at was current.

 

Cheers!

 

Edit:

 

Regarding the Repayment Option Plan; I need to work out which plan I was on exactly - as I suspect I may have been charged the full amount. Furthermore, I am sure I made Vanquis aware that it was my health that had effected my ability to pay + work. The option of using the ROP was never mentioned or advised. Ergo, I paid for this and got zero benefit - and may not even have been covered correctly.

 

It would appear that ID Protection is CPP, which has been disputed a few times on here I believe. In fact I believe they were meant to be contacting around 7,000,000 people around about now! Alas, I'd be surprised if they managed to send me a letter as I've moved twice since the original plan was taken out..

 

There's also an 18 month gap in their "Contact History"; considering it's fairly obvious that they did indeed contact me during this period - and the statement numbers and so on confirm that the account was active (and god knows they pestered me.) - surely this is an incomplete response, therefore not being binding under the DPA? It's a moot point, irrelevant if you like, at least as far as I can see, but it does strike me as incredibly peculiar. Apparently no contact between July 2011, and January 2013; yet there's even a one line memo mentioning a telephone exchange I had in 2012..

Edited by LuckyReds

Currently arguing with:

  • Vanquis (Fee's reclaim)
  • Capital One (Fee's reclaim)
  • JCP Training Provider: (Reported to the DWP and MPs)
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Hi. Sorry you were missed. Not surprising as the time you posted, we were all in bed :| (or should have been)

 

Complicated is an understatement.

 

As the card was settled, all charges should come back to you with no deductions.

With the ID protection, the controversy was with CPP. If they handled it on behalf of Vanquis you should get that refunded

Not sure about ROP but I would think that is also reclaimable

 

On the % rate. You should be reclaiming the interest at their rate. If the rate fluctuated (39.9%, 38.9% etc) then I think to make it easier for you, to use an average figure rather than trying to work out each charge at each rate. If the rate stayed the same-ignore that last bit.

 

It is only if you begin a court claim for the refund that you add the statutory 8% as well as the contractual interest

 

With the ROP and the ID protection, I would suspect that once the charge was levied, interest was then added to it. You will need to ascertain that

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi. Sorry you were missed. Not surprising as the time you posted, we were all in bed :| (or should have been)

 

Complicated is an understatement.

 

As the card was settled, all charges should come back to you with no deductions.

With the ID protection, the controversy was with CPP. If they handled it on behalf of Vanquis you should get that refunded

Not sure about ROP but I would think that is also reclaimable

 

On the % rate. You should be reclaiming the interest at their rate. If the rate fluctuated (39.9%, 38.9% etc) then I think to make it easier for you, to use an average figure rather than trying to work out each charge at each rate. If the rate stayed the same-ignore that last bit.

 

It is only if you begin a court claim for the refund that you add the statutory 8% as well as the contractual interest

 

With the ROP and the ID protection, I would suspect that once the charge was levied, interest was then added to it. You will need to ascertain that

 

That's perfect, thanks!

 

I've got the day off work as I feel pretty ill (hence the late night posting! so I've decided to do a few calculations.

 

DEFAULT FEE PLAN INT FREE: £504.89

Total Charges: £360

Compound Interest at 39.99% APR per charge up until account settlement on 27/08/2013: £144.89

 

REPAYMENT OPTION PLAN : £169.86

Total Charges: £108.08

Compound Interest at 39.99% APR per charge up until account settlement on 27/08/2013: £61.78

 

ID PROTECTION: £338.99

Total Charges: £192

Compound Interest at 39.99% APR per charge up until account settlement on 27/08/2013: £146.99

 

Now that's a total of £1013.74... I can't see them laying back and giving that out! I'd be willing to knock the ID Protection on the head and dispute it with CPP, and put the ROP charges down to a like-for-like refund if possible though. May go in with the total charges as a first request though.

 

I also feel I've been fair and not added on a couple of other charges I've seen. Furthermore, I will try and reclaim the ROP due to the fact this should've been used when I fell on financial difficulty but was never mentioned, and was even being charged for it at the time. As for the ID PROTECTION, I know it's done by CPP but it was sold by Vanquis - so I'm going to presume Vanquis could be

 

Maybe I'm pushing my luck a little... but I'm just curious! I may also underline the fact I'm not satisfied with the response, as I dont feel I have been given the data held about me in it's entirety, due to a large (13 month?) gap in their own records - a time in which I know there was contact. I feel this may be a breach of the DPA and the terms required for satisfying a SAR. (Is it wrong to feel like throwing everything at them increases compliance?!)

Currently arguing with:

  • Vanquis (Fee's reclaim)
  • Capital One (Fee's reclaim)
  • JCP Training Provider: (Reported to the DWP and MPs)
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Wow... Just been doing some further analysis of the figures.

 

The last time I used the card was in January 2012, after this I never used it and I paid it off fully in August. The total I had paid in to the card during this period of inactivity? £924.53.

 

To put that in perspective, that's not including the payments during the period when I was actually using the card - and during those 14 months I spent about £625.25... Yet paid off £1017.38.

 

I'm pondering if there's a way I can structure this to enable me to put it in any claims letter, when it's viewed like that I would like to see them try and justify such fees in court. In summary:

 

14 months I used the card: I spent £625 - and paid £1018.

18 months I didn't use the card: I spent £0 - and paid £924.53

 

:jaw:

Edited by LuckyReds

Currently arguing with:

  • Vanquis (Fee's reclaim)
  • Capital One (Fee's reclaim)
  • JCP Training Provider: (Reported to the DWP and MPs)
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I think you should write back and query the 13 month gap. If, as you say, they were still sending letters, they should show up on the data sheets.

 

As for the reclaim, go for it. You will have a fight as these companies don't like to give in easily (just be thankful you're not with cap1)

 

It's amazing how quickly compound interest soon mounts up. If you were to fully anylise the figures, you would notice that by compounding the interest, you were paying more than the 39% shown which is why credit card companies love people that pay the minimum.

 

There are some helpful letters in the library to start your reclaim process

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I think you should write back and query the 13 month gap. If, as you say, they were still sending letters, they should show up on the data sheets.

 

As for the reclaim, go for it. You will have a fight as these companies don't like to give in easily (just be thankful you're not with cap1)

 

It's amazing how quickly compound interest soon mounts up. If you were to fully anylise the figures, you would notice that by compounding the interest, you were paying more than the 39% shown which is why credit card companies love people that pay the minimum.

 

There are some helpful letters in the library to start your reclaim process

 

Yeah, I always figured that the interest would rack up pretty badly - but only seeing it like that has opened my eyes. The worst thing is - I did pay it off in full at the end of when I was using it! It would appear a combination of the CPP/"ID Protection" being classed as a £6 sale, then a subsequent late payment being added on whilst I was moving has actually caused this whole mess.

 

I actually added up all my calculations above for the charges I calculated, and they add up to £1011. That suddenly seems a lot fairer and smaller now having looked at what I actually spent and paid back! (You could add the credit limit, the total spent, and what I want back up - subtract it away from what they charged me, and they'd still have a profit!)

 

haha, I understand Capital One are meant to be really difficult. Truth be told I'm viewing this as a bit of practice - as I have paid off a Capital One account that was actually defaulted, but was in a very very similar state to this. So I'm trying to see just how I can get these charges back, how I can argue about the charges - in the hope of doing it to CapOne. I would love to be able to get the default removed as it was all their own charges, the card hadn't been used in a while - and it was just a similar situation all around, however having read someones thread on here about attempting similar I don't think I'll hold my breathe on that one. :violin:

Currently arguing with:

  • Vanquis (Fee's reclaim)
  • Capital One (Fee's reclaim)
  • JCP Training Provider: (Reported to the DWP and MPs)
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Drafted up a letter.

 

I pointed to the transaction history for the past 18 months as a "clear example of the consequences of Vanquis' aggressive and unfair nature regarding charges", and largely based the the demand upon a template from here. I also offered a reduction of 8% on the interest of ROP and ID Protection payments if they complied within 14 days, after which I would be begin a claim for the full amount.

 

I have also pointed out the inconsistencies in the SAR, and how there's evidence in a one line memo that they contacted me during this period - but in the full history there are no such notes from this period of time. Should this inconsistency not be explained, I will be taking this to mean they have not satisfied the full requirements of the SAR (as per the ICO's Subject Access Code of Practice". Furthermore, I moved during this time and there is no acknowledgement of the contact I made to change address. I also expect clarification regarding this within the next 14 days.

 

I approached the subject of the ROP by expanding upon four key points:

  1. Under no point during the financial hardship that I encountered was I reminded that I held this policy, nor was it ever suggested that I use it. (In fact, I was passed to Impact on more than one occasion) Ergo, The conduct of Vanquis during this time effectively rendered the protection that ROP afforded me as useless.
  2. The charges that I have found match neither of the available plans, even with interest and/or charges removed.
  3. As my status had changed (Vanquis were aware) yet the payments stayed very similar - it is possible that the plan I was paying for didn't even cover me large periods of time.
  4. I feel this was mis-sold; I wasn't really informed about what this is. It is only during my subsequent research after my SAR that I truly found out what it was supposedly for. If they dispute this then I would like evidence regarding the explanations provided to me at the time.

 

Regarding the ID Protection, I stuck along similar lines and pointed out that the risk of ID theft was overstated to me at the time and there was no check that I didn't have any pre-existing cover for such an event. Furthermore, the benefits of the cover were also overstated.

 

Got the calculations sheet to add in to the mix too, so we'll see how this goes!

Currently arguing with:

  • Vanquis (Fee's reclaim)
  • Capital One (Fee's reclaim)
  • JCP Training Provider: (Reported to the DWP and MPs)
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