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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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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capital one v susanne007 ***WON***


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hi having only had a credit card for a short while was quite shocked to see how spending could spiral out of control. needless to say card was withdrawn and account sent to debitas. have been paying debitas for a while now and when i rang to see if i could have my statements they said no. but they have told me how many charges i received during the short time i had the card. this was 8 late payment charges and 24 o/d charges which amount to 640. pound but i have no idea when th4e charges were applied, then debitas told me to ask cap 1 for statements. this i did and was told that because its with the collection agency they could not do this. looks like i,m being passed from pilla to post. anybody any suggestions

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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right sat down and thought about this for a while today and this is what i,ve decided to do . as i already know that i have 8 late payment charges and 24 o/d charges (as the people at debitas have so kindly told me) i rang debitas today and asked if they could tell me when the charges were applied. they checked and only held records for 18 months and no charges were applied in the last 18 months......soooooooooooooo. i thought i would write to capital one and in prelim letter ask for the 640 back. as for the interest is it safe to assume that i put nov 2004 for all charges as i don't know when they were applied. but i do know it was more than 18 months ago. also can i ask for contratual int should it go to court. any help would be much appreciated.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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Hi

If you don't have all your statements and you've asked and they wont send them then you really should send a SARs to them. They will have 40 days to reply but this should get you all the details that you need.

Hope this helps

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got statments from cap one yesterday and another set today. when i've gone through them there isn't as many charges as i was told on the phone. 460 rather than the 640 which debitas has told me. but and heres the big but. i sent a prelim letter off on thursday requesting 640 back. any ideas. do i wait for the bog off letter and then change amount at lba stage?????

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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Guest Battleaxe

Have you filled in a spread sheet with the charges?

 

I would send a revised LBA to them just mentioning that Debitas gave you the incorrect figures. Say no more than that.

 

I would enclose the spreadsheet and just sit back for the sod off letter. you might get a surprise and they make you an offer.

 

Was that a pink pig flying past my window?

 

Nothing ventured nothing gained.

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had a reply this morning off mr uddy ususal bumph 'we have now reduced our charges from 20 to 12' ' we will refund you the difference and sign this form to say the matter is closed'.they have offered 176.00 as full and final. cheecky buggers have also sent me a form for me to give comments on how they handeled my complaint so that they can improve their services in the future. lol.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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letter sent back today to accept payment as partial claim. also to point out that the amount of unlawfull charges was what i defaulted on so i want the default notice removed. also that the very first charge i had on the account was due to them taking out a payment protection charge that i never asked for( i did ring them about this at the time and they then cancelled the payment protection although they didn't remove the charge). lets see what mr uddys reply will be.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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I have also sent off a reply of a similar nature.

 

I shall be intrigued to see what they say about removing a default.

 

It seems we are both in the same position currently!

_________________________

 

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BOS - Settled - £525

C1 - Settled - No Idea How Much!

PPI From HFC Is Next!

 

 

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hiya,

I'm a newbie here too, been reading over alot of unlawful charges info which has been very helpful.

Today I sent off my initial letters to capital one and lloyds tsb.

I got my letters from Govan Law Centre website (was unsure about english/scottish law differences)

I got my capital one credit card about 2 years ago with the limit of 200 which i spent in record time (about two days, it was just before xmas!)

After struggling to make payments, my account went into arrears, I paid the full account in August 2005.

Once again I ran up the full limit and struggled to pay them back (totally my own fault), my account was referred to debitas, who I've found out, are just another part of Capital One.

I entered a payment plan, which I've paid £77 a month since June (5months) I've got 3 months left to pay.

I cannot get my online statements as my account was defferred but I'm pretty sure I've paid over £600 worth of charges.

 

The first time I paid it off it was in the region of £450 to clear the account and this time to clear the account it's over £600, for a £200 limit credit card? Crazy!:?

 

I don't know my charge dates, I just put my estimate of over £600, applied between November 2004 to June 2006.

 

Do you think Capital One will send me an offer? If they do I would be very tempted to take, just so I can pay off the rest!

 

Does anyone know the process of taking them to court in Scotland?

 

I hope you get every penny back Susanne, it's shocking how Capital One apply charges. I notice that they advertise these credit cards for people with poor credit, and they further destroy their credit rating.

 

Kerry x

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Kerry - I personally don't know of the legal system in Scotland - I am sure there is stuff on here to help you out.

 

I suggest you first Copy & paste your post to start a thread of your own - you can have your own title etc.. in the Cap1 forum (perhaps use the Scottish query in your title?) - this way others will see it and hoepfully someone with more knowledge of the scottish systems may be able to help you with an answer. If you have your own thread & title it's easier for readers here to keep track of where you are up to and help you with answers if you get stuck.

 

My second suggestion is that you use the SAR letter template (it's ready for you to just edit your own account number and details into) and send the £10 for this service. It doesn't matter that your card was put with a debt credit agency - you are still entitled to copies of your statements for the past 6 years.

 

Read as much as you can here of the different forums and letters etc.. and ask if you are unsure of anything - someone always has an answer - or we can try find something out to help you.

 

It's really late now and way past my bedtime - I will try look again tomorrow to see if there is anything I can do to help - but for now it's the best suggestions I have for you to get help.

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  • 2 weeks later...

does anybody know the rate co are charging as i'm thinking of going for contratual compounded interest. does it vary or is it the same for everybody?????

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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  • 2 weeks later...

update. sent an email to mr uddy on friday 15th dec to say that debitas had given me the wrong info and that when looking through the statements there wasn't as many charges but added on compounded contractual interest would like to know a response.

rang back on the 19th to see if i'd had a response. was put through to debitas and was told by a very patronising rude person for want of a better word"what gives you the right to try to calim anything back from us. do you think that it is right that you can spend when you have no money or credit and expect to get away with out having to pay anything. you should be grateful that you have been offered something by the way something that you're not entitled too."

at which point steaming through the ears i pointed out that unless he could prove a breakdown of costs for me then i would proceed to reclaim full charges. was then told "do what you want but i will tell you now that debitas will not be deaking with you or your account anymore" thabk god for that.

sent mr udy another email and pointed out that i wouldn't be spoken to like that by anyone and that yes I DO HAVE THE RIGHT.

will go to court today to pick up n1 form.

btw rang debitas up again and spoke to someone else to put in a complaint. she actually offered me a settlement figure and said shed look into the conversation i'd had earlier in the day. and not to wait for a reply from mr udy as he's already given his final response.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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hi noted earlier some of you want to know how to deal with this in scottish courts,i am claiming from halifax card services as we speak,you need to phone the clerk of the court and ask for a claims pack on01383 724666 or fax to 01383 621205,or if you choose to write its sherriff clerks office sherriff court house 1/6 carnegie drive dunfermline KY127HJ,the clerk was great when i phoned for help told me all i needed to know,got claim pack next day,one thing you cant claim interest thru the county court act,it doesnt apply in scotland,so read the pack notes carefully it does tell you how to claim interest ,sorry this isso long ,just keen to help eas much as possible.

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  • 2 weeks later...

happy new year to you all. nothing much happened over xmas no response from mr uddy. really need help now though. in my final email to mr uddy i put that i was claiming compounded contractual interest. but been reading on other threads and i may have made a big, big error. can someone please explain compounded contractaul interest to me in words of one sylabal. and if the interst rate as shown on the statement is 0% and on some its 12.7% where do i stand. thanks.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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  • 1 month later...

right here goes. firstly been to court to pick up an n1 form. havd several phone calls since last posted from debitas. they now want 50.00 per week (not a chance). told them account in dispute. blah blah blah. will keep paying the tenner a month. got a phonecall off crap one yesterday to say that because debitas couldn't get the money out of me then it has been passed back to them. explained again that account in dispute and had an n1 form to fill in. he told me that i couldn't claim any interest as the account i had with them the intrest was zero. and also there was only 188.00 in charges. i said that i had all the statments and it came to more than that and could they put everything to me in writing he said no i will continue to call me everyother day. by this time i was acting very patronising and said to him thast i couln't wait he could ring as many times as he wanted. (he aint getting anymore money though).

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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  • 2 weeks later...

finally got copy of working tax award so that i dont need to pay at court. with five kids finding spare money is hard, anyway n1 fiklled in and taken to court. lets see how long it takes them as i'm only claming around £500.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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Well done Suzanne.. hang in there, not too long now..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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  • 3 weeks later...

cour papers have been filled. letter received from court to say papers served to cat one on the 9th march and they have until the 23rd to reply. another phone call from them today to tell me that they are going to sell my account to an external agency. told them they couldnt do that as account in dispute. they said they havent received anything from the court so until they have then they can do what they want. any advise.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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Guest Battleaxe

Let them do it Susanne, and then let the Court take them to pieces. Make sure the Court knows what is going on, well worth writing aletter to the Judge, cc copy to Crap One and then let the cards fallwhere they may.

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I wouldn't worry about it as they will soon pass it back.

 

Did you send an account in dispute letter.

 

Try this, just amend it to suit.

 

[Your address]

[Their address]

[Date]

Dear Sirs

 

ACCOUNT IN DISPUTE

ACCOUNT NUMBER: **** **** **** ****

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note from your latest correspondence that you have passed my account over to ………………… DCA - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely

[Name]

Cc ……………………..DCA

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thanx for that. rang the court today to see if there has been a response but nothing as of yet. althogh the court says they have a backlog with their post. so a response could be sitting there as we speak. lol. will ask for judgment on mon.

rbos prem letter sent 25th aug 06

give me 10 more days letter received 2nd sept 06

lba sent 7th sept 06

settled in full 7/10/2006

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