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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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    • 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. 
       

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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
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Statute Barred Accounts on Credit Files?


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You shouldn't "threaten" anything. If you are not going to follow through with any "threats" - don't make them. Not only does it make you a laughing stock, it allows them not to take the next person seriously.

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Calm down Charlie!

As CB says approach this by way of an appeal for goodwill.

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Charley,

 

Write to Ronan Dunne

CEO Telefonica UK

Executive Resolution

Suite K

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0NE

 

You will get a prompt reply, the resolution of my problem was swift after trying to cancel a contract rolled over without notice.

 

Going to the TOP really does work.

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Is this any good Brig,

 

Dear Mr. Dunne,

 

I am writing to regarding an old account I had with O2 that was closed in late 2007/early 2008. It was an 18 month phone contract which was run immaculately for 14 months and then I ran into financial trouble as a student and unfortunately was issued with a default notice.

 

I am concerned at the actions of one of your employees when I purchased the phone at your store in Liverpool city centre in September 2006. In the process of buying the phone the employee had to run a credit check but your systems were not working and she asked me to wait. So I waited and we tried again and it still would not work, so she asked me to come back later that day to try to buy the phone again. She made it quite clear before I left the store that I had not purchased the phone. I did not return to the store later that day or at any other time, however a week later the phone arrive at my house. I was very surprised and was immediately struck by what I thought was an illegal act by your employee to later start the purchasing process again, run the credit check and complete the transaction using my bank details that she must have saved without my presence or permission. As I did not want to cause any hassle for myself or the employee I just carried on paying the contract.

 

It is not my intention to cause any problems for your company or the said employee even though there are legal questions to be asked about what happened. The default only has 4/5 months to run on my credit file and it was for a relatively small sum but it is making life very difficult for me. I would be very grateful if under these circumstances you would consider removing the default as a gesture of goodwill on your part.

 

I do not admit liability for this debt.

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Is this any good Brig,

 

Dear Mr. Dunne,

 

I am writing to regarding an old account I had with O2 that was closed in late 2007/early 2008. It was an 18 month phone contract which was run immaculately for 14 months and then I ran into financial trouble as a student and unfortunately was issued with a default notice.

 

I am concerned at the actions of one of your employees when I purchased the phone at your store in Liverpool city centre in September 2006. In the process of buying the phone the employee had to run a credit check but your systems were not working and she asked me to wait. So I waited and we tried again and it still would not work, so she asked me to come back later that day to try to buy the phone again. She made it quite clear before I left the store that I had not purchased the phone. I did not return to the store later that day or at any other time, however a week later the phone arrive at my house. I was very surprised and was immediately struck by what I thought was an illegal act by your employee to later start the purchasing process again, run the credit check and complete the transaction using my bank details that she must have saved without my presence or permission. As I did not want to cause any hassle for myself or the employee I just carried on paying the contract.

 

It is not my intention to cause any problems for your company or the said employee even though there are legal questions to be asked about what happened. The default only has 4/5 months to run on my credit file and it was for a relatively small sum but it is making life very difficult for me. I would be very grateful if under these circumstances you would consider removing the default as a gesture of goodwill on your part.

 

I do not admit liability for this debt.

 

Hello Charlie,

 

Yes that's good just split it in to paragraphs so it's easier to read.

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Hey Brig,

 

Finally got the statements from Lloyds, I've sifted through them and here's the outcome.

 

20th August 2007 - Overdraft limit of £1,500 exceeded, balance around minus £1,800 and never brought back into line. No payments in after this date.

 

Late November - Overdraft limit increased to £2,400

 

Late December - Overdraft exceeded again...balance now stands at minus £2,700. Last payment out, last activity on the account except for future fees and interest.

 

January 2008 - September 2008. Fees and interest accruing until account passed on to DCA. Final balance £3,800

 

 

 

Of the £3,800 balance £1,250 was charges applied once the overdraft was exceeded. So even without the charges I would have been £150 over my overdraft. In the 6 months running up to exceeding my overdraft I payed slightly over £150 in charges and interest. With these included I would have been just under my overdraft limit of £2,400.

 

Do you think we can do anything?

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Hey Brig,

 

I received a reply from Capital One basically saying that the default was placed 6 months after I missed the first payment and it's within the guidelines and they will not alter it ect. Any ideas on if it's worth writing back or should I just wait for it to expire.

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Hi fletch70,

 

I wrote the letter to them acknowledging they acted in a timely manner but requesting they reset the default date to 3 months post instead of 6 as a gesture of good will. I've read that most banks reply they have to comply with the rules so I gave it a shot as 3 months is within the guidelines. I'm going to write back to them I just need ideas on what angle to take or maybe the address of somebody higher up.

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So it's only got a couple of months left to run before it is off?

 

No harm in trying ..I will leave it to the Brig although if I am totally honest I do not see a lot of hope (but stranger things have happened)

Any opinion I give is from personal experience .

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I think it needs to be whoever owns the agreement now.

 

hang on I see that this is for an OD . It all depends on when they made the demand for payment and closed the account. If you do not know that then a SAR to LLoyds would be in order (costs £10). This would identify when this happened

Any opinion I give is from personal experience .

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Yeh that's the crucial point here, wether statute barred in last activity by me or the date it was recalled. If it was the latter I'm best just leaving the thing alone because it's probably so close to the default date it's not worth attempting early removal. If it's last activity by me it barred in 3 weeks with another 8 months to run on default.

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Have a look

http://www.consumeractiongroup.co.uk/forum/showthread.php?411313-Cause-of-action-statute-barred&p=4415336#post4415336

 

 

It will only be last activity if they had already closed the account and that was part of agreed repayment

 

I would suggest let sleeping dogs lie on this one unless they are being funny

Any opinion I give is from personal experience .

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I need to get that default off as soon as possible so I can my independence back. After everything I have read and especially Brigs opinion I'm leaning towards it being barred 6 years after last activity. Especially as the account had been overdrawn for 4 months and they were demanding payments and applying charges.

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The 'rule of thumb' is 3 missed payment results in a default.

 

Cause of action not ever making any more payments, so SB = date when a payment was due after which no further payment was ever made and no unequivocal admission of liability in writing over 6 clear years.

 

 

 

 

 

+

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