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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. 
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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 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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MBNA/Vardey/Aktive capital claim form


dubs1967
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Hi all.

 

I was offered a short settlement on two mbna accounts.

 

I was sent an email confirming this.

 

I replied tothe email that i wanted the proposal in writing stating how my credit file would look ie full and final etc.

This never arrived.

 

In the email it stated that i could settle by 27aug for 800 or 25 sept for 900 giving me two options.

I decided to go for the sept payment.

 

The first week in sept i was horrified to recieve 2 default notices.

I contacted the MBNA complaints dept and explained.

 

I was met with arrogance stating that the defaults would stand as i hadnt paid in aug.

I sent a copy of the original email.Letter back admitting the email was deceptive

but no mention of the defaults being removed!!

 

Also the figures on my original email were wrong by £60 in favour of mbna.

 

I rang the complaints again and told them i wasnt paying untill things were sorted out.

They said if i didnt settle the offer is null and void.

I was also told the accounts were sold in early sept and have a letter dated the 23rd sept from a DCA.

 

The latest letter is from restons solicitors threatening action but also stating that MBNA will offer a substantial discount for settlement.

I cant understand what they are doing?

They are obviously in breach of something.

 

Advice please anyone!

 

Thanks DS.:-?

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Hi there,

 

Welcome to CAG

 

Sadly, MBNA &/or Restons are in breach of nothing.

 

As you acted without receiving a written response from MBNA as to a Full & Final settlement...........and in good faith, all you've done is given them your money.

 

Unfortunately you've now got Restons on your case issuing demands.

 

You now need to step up your game. You'll need to get a CCA request off to MBNA as soon as possible - template letter here - The Consumer Forums - Debt collectors. Do NOT sign the CCA request, pay by a £1.00 postal order and send by Recorded Delivery.

 

 

How old are the cards ?

 

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Thanks for the reply ss.

 

I havent paid the money to anybody yet.

 

I have just been looking on my default notices and the account nos are different to the ones on the credit card statements.?

 

Why would they offer me a settlement and not send any conformation in writing with figures and payment proposals?

 

Especially when i had stated that the figures were wrong?

 

They sold the debt before the settlement date as well.

 

They must be accountable.:roll:

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The latest letter is from restons solicitors threatening action but also stating that MBNA will offer a substantial discount for settlement.

 

hi dubs,

are u sure they have sold the debt on, or is it not simply being handled by a DCA?

 

if u are happy to settle why dont u just get in touch with restons to see if u can reach an amicable agreement for settlement on a full and final basis?

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hi dubs,

are u sure they have sold the debt on, or is it not simply being handled by a DCA?

if u are happy to settle why dont u just get in touch with restons to see if u can reach an amicable agreement for settlement on a full and final basis?

 

Well who knows what they have done!!

 

 

I would stilll like to settle the accounts and get rid of my headache

but they just dont seem to play ball?

 

 

Oh yes one account seems to of been sold to credito something or other.

 

 

I mean what is the point of an offer and then playing awkward.

 

 

I just dont get it.

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One of the tricks is partial or short settlement then they sell the rest on,

they never to seem to agree to full & final

- this is one of the reasons experienced caggers always recommend that you get in writing

that its full & final settlement

and that CRAs are shown as F&F.

 

 

Short settlement unfortunately doesn't mean Full & Final.

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  • 2 weeks later...

I have an MBNA card for which they have, eventually, supplied the CCA

and this is in order according to my solicitor who is dealing with my other cards

(which are all unenforceable) re unenforceability claims.

 

They didn't reply in the statutory timescales, however, so I withheld payments. This has been going on for 5 months nearly and

 

 

I have written to them acknowledging I have a debt but I will not restart repayments until they confirm all charges and fees for the period

they were in default are refunded.

 

 

The compliance department who sent me the CCA claimed they had not received the original S78 letter

but I supplied copies and proof of posting and receipt by MBNA.

 

 

The compliance department who sent me the CCA have failed to respond to my 2 letters requesting my account

is put right by refunding the fees and interest during the period they hadn't complied.

 

I have today had conversations with their collections department who have agreed to refund these fees

once I have made 3 payments of the minimum payment amount as a gesture of goodwill

as they claim they can't get hold of the compliance department and

they can't make the amendments I have requested and this will resolve the matter more quickly.

 

 

I am loath to give them money on this basis as I should be able to get a refund now and restart my premiums based on the reshceduled account balance.

I have asked for their offer to be put in writing before I make a decision and I have until the end of the month to accept this.

 

The guy also made a suggestion of a full and final settlement given my position saying

"they would rather accept this as sell the debt on to a DCA

and they could then use their resources used on my account elsewhere in the business".

 

 

I asked what sort of figure they would be looking at but he couldn't say.

 

 

This now sounds dodgy based on what I have read in this thread &

I would be interested to hear others views on this and what they would do.

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Hi mate.This all sounds familiar.Im now going with the FOS and have just spoken to restons,who despite what i have read seemed very plausable.With hindsight I would approach your case like a terrier.Dont let go untill you get what you want.And dont be pressured.Oh and MBNAs compliance is a joke,are those girls on work experience or what.All the best D.

:p

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  • 5 months later...

Can anyone provide info on DNs.

 

 

My default notice contains a CCA number that doesnt match anything i have ever seen,

certainly not the same as my account no.

 

 

Also the default demands the full balance rather than the arrears.

 

 

This account is going to court and the DCA has provided what can only be described as a FAKE!! default notice

which is not the original that i have,

 

 

the account no on the fake is correct and it states the arrears figure rather than the full balance.

 

 

What legal position am i in?

 

 

Cheers dubs.

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Scan the original too so both can be compared

 

PF

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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Cant get the scanner working.

 

 

Stage is summary judgement hearing a week today.

 

 

DCA begins with R and ends in S,rsoles or something similar.

 

 

Is the credit card agreement no the same as the account no?

 

 

Any basic rules to follow on DNs,

 

 

Who regulates defaults?

 

 

Cheers dubs.:)

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Dubs, was the account terminated after the first default notice or was the second default notice issued before termination ? as a creditor can issue as many dn"s as he likes prior to termination,and if he realised the mistake on the first DN and then sent a second one to recify his mistakes before he terminated this would be ok for them to do so.

or do you suspect the dca has knocked up a DN after termination as they had no copy of the original DN, or realised the original DN was faulty as asking for full amount etc etc

 

If you could post the DN"s up it would make it much easier to compare,and to see if they were complaint re dates,content etc

 

If you cant get the scanner working, could you post the dates of the DN"s and the dates to remedy the breach.

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Hi dizzy,

 

 

I only received the one default notice for this account.

The one the DCA sent is a mock up or cock up?

Both dated 7th sept.

 

 

The original(with the wrong account number

)Gives me untill the 24thsept to settle the FULL balance of 2500.

 

 

The mock up only asks for the arrears of 390 to be paid by 24th sept.

 

 

I dont recall ever receiving a termination notice.

 

 

Can you post one up so i know what it looks like.

 

 

I must add all this happened when i had a partial settlement in place untill the 25th sept.

 

 

Many thanks dubs.

 

 

The one thing i dont beleive is that the dca is collecting on behalf of the OC as they will not listen to any offers or solutions,

 

 

i would also like to warn people about these people.

 

 

They are RESTONS solicitors of warrington.

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Dubs, i have been defaulted after one missed payment on one of my accounts, others have been defaulted months later,

 

What is the situation regarding your cca? is that compliant?

 

The days on the DN appear ok if they were sent first class, do you still have the envelope?

 

Re the dca"s copy being different to the original, as your SJ hearing is less than a week away i suppose your limited now on what can be done prior to court and i dont know what to suggest , but i know ide be making sure the judge compared the 2 docs and put restons to strict proof as to where they got their copy from,

Do the 2 docs look alike, ie same format, same sort of creditor heading/notepaper etc

 

Im sure more experienced gaggers will pop along to help you.

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I hope the judge listens to common sense,

as i am a self employed person who knows all about that and customer service,thats why im annoyed with the muppets who have got me here.

 

 

What is the best action at court a sympathy vote or legalities or both?

 

 

thanks for your help dizzy,

 

 

good will triumph over evil as they say,

 

 

if it doesnt im becoming a traveller!!

 

 

Cant wait!!

:)Keep smiling.

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Hiya Dubs - Welcome to Cag - and 'subbing' just means that someone has subscribed to your thread...

 

Unfortunately you may have left it too late to get much help, with it being a Bank Holiday weekend - but I think you may be able to stall the proceedings if you haven't received all the 'evidence' from the other side - have you put in your initial defence?

 

There is tons of stuff on here regarding dodgy DNs - I would strongly suggest you make a cup of tea, settle down in front of the pc and do loads of reading - starting with the stuff in the 'sticky notices' at the top of this forum... you may then be able to find the right way to ask for an adjournment or even find something that you can use to scare Rectums off.

 

I'm certainly no expert as I'm still learning a load of stuff myself, but don't worry - someone else with more experience will come along soon. Good luck.

I'm a L-Plate cagger - new at all this but determined to learn as much as I can, to help as many others as I can, and to fight back as often as I can!:-x

Any help or advice from me is offered in good faith, based on my knowledge and experience gained either from here or from my own cases. I am NOT a legal expert. There are several other CAG members and the site team who are much better qualified than me. Please do not make any decisions based on my advice alone.

Donate as much as you can to this site as often as you can! We need to keep on helping each other.

 

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How about this then.

 

 

On a seperate account,

 

 

MBNA sold it to vardey investments on 30th august,

 

 

i was issued with default on 7th sept.

 

 

Something seriously wrong there then?

 

 

When i have mentioned all this to restons they said they can only comment on the account they hold which is not the one sold to vardey.

 

 

MBNA used two different tracks obviously to make things difficult,

 

 

surely i will be able to use this as evidence in court as this started the alarm bells ringing

as i had untill the 25th sept to settle both accounts on the partial settlement agreement

(which i must add must of been a [problem]).

 

 

Cheers dubs.

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You'll need to get a Witness Statement together to oppose the Summary Judgment.

 

You'll need to file and serve this ASAP or it may be disallowed.

 

Have a look at these threads for some info -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

 

and

 

pt2537's guide to Witness Statement format

 

 

pt2537's guide to Witness Statement content

 

 

Witness Statement Exhibit Cover

 

and

 

BRW's post on What to pack for a day in court

 

 

Fiinish the Witness Statement by stating you wish to seek your costs if the Claimants application is unsuccessful.

 

 

Finally, you will also need to get your costs sheet sorted if you successfully oppose the Summary judgment. As a guideline, a London barrister would charge approx £1200 and Restons costs would be added on so the costs could be around £1500. As an LIP, you are entitled to claim up to 2/3rds of the Claimants costs plus disbursments.

 

Have a look at these threads on how to set out your costs.

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim

Time limit for claiming costs - Surfaceagentx20

  • Haha 1

 

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Let me put it this way then.

 

Restons get Summmary Judgment, and the amount is ordered to be paid forthwith ( the total owed to be paid in one amount) and you don't have the cash to pay, then what happens next ?

 

Restons would trot off for a Charging Order against your property and turn an unsecured debt into a secured debt.

 

Let's move on another step, Restons get their Charging Order and then apply for an Order of Sale to get their money...you know where that leaves you !

 

Seeing as you only informed us of the Summary Judgment hearing very recently, I think you are very fortunate to get a chance to oppose it.

 

It will take a bit of work but if you read the first two threads, you'll see it can be done. ;)

Edited by supasnooper
typo or two

 

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