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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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    • 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.
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Payplan for 13 years, decided to do something about it


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I have been looking through threads to get some idea of what i need to do,

 

i have 9 debts in total that were put into a DMP with Payplan in 2006.

I am not sure why "now" but I have decided to do something about being cashed cowed for all these years.

 

Here are details of the debts:

 

Creditor - Capital One

Currently with - Capital One

Amount Owed - £196

Type - Credit Card

Taken Out - 2000/1

Defaulted - Not sure, not showing on credit file

 

Creditor - Barclays

Currently with - Max Recovery/DrydensFairfax Solicitors

Amount Owed - £1276

Type - Overdraft

Taken Out - 2001

Defaulted - Not sure, but not showing on credit file

 

Creditor - Barclays

Currently with - Max Recovery/DrydensFairfax Solicitors

Amount Owed - £616

Type - Credit Card

Taken Out - 2001

Defaulted - Not sure, but not showing on credit file

 

Creditor - MBNA International

Currently with - Link Financial

Amount Owed - £2100

Type - Credit Card

Taken Out - 2000

Defaulted - Not sure, not showing on credit file

 

Creditor - Barclays

Currently with - Link Financial

Amount Owed - £595

Type - Credit Card

Taken Out - 2001/2

Defaulted - 2011, and again in 2016

(I’ve raised a query with Experian over the second default)

 

Creditor - HSBC

Currently with - Lowell Financial

Amount Owed - £289

Type - Credit Card

Taken Out - 1999/2000

Defaulted - Not sure, not showing on credit file

 

Creditor - HSBC

Currently with - Lowell Financial

Amount Owed - £7669

Type - Loan

Taken Out - 2005

Defaulted - Not sure, not showing on credit file

 

Creditor - Blackhorse

Currently with - NCO Europe

Amount Owed - £7249

Type - Loan

Taken Out - 2003

Defaulted - Not sure, on credit file as late payment.

 

Creditor - Southern Water

Currently with - Southern Water

Amount Owed - £527

Type - Utility

Taken Out - 2013

Defaulted – No.

 

I know that Southern Water are a different case and will make arrangements with them directly i think.

 

 

I believe my next steps are to CCA the loans/credit cards. I presume these go to whomever last told me they were dealing with that debt?

 

Should I cancel Payplan first? Or inform them of what I am doing? What is the best process for this? I have seen suggestions of simply cancelling the DMP and waiting for the deforestation through the door?

 

What do I do about the overdrafts? I don’t send them CCAs do I?

 

 

I look forward to the assistance that is provided on this forum, and thank everyone for anything they can do to assist me in dealing with all of this.

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I think you need to start off by sending them all a statutory request for a CCA agreement.

If they are unable to provide you one within – 12 days (I think) then you are entitled to stop paying until such time as they do provide you with the CCA.

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Also have you investigated the possibility that you have been paying PPI on any of these loans? If you don't have any records relating to them then you should also send an SAR to the original creditors in each case. Get a move on because the closing date for putting in a PPI claim is the end of August.

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I only had PPI with MBNA, i claimed against them and got a Plevin payment.

I realise i could chase them further but decided against it.

23 minutes ago, BankFodder said:

I think you need to start off by sending them all a statutory request for a CCA agreement.

If they are unable to provide you one within – 12 days (I think) then you are entitled to stop paying until such time as they do provide you with the CCA.

 

Do i/can i CCA an overdraft account as well?

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3 minutes ago, tutphish said:

 

Do i/can i CCA an overdraft account as well?

No

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just let the OD ones run until people start to fail the 12+2 working day CCA request deadline

99% will

its then that you simply stop Payplan

 

 

looks like you've sadly been probably cash cowed on most of these debts.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Right, CCAs all produced and off to the post office for my £1 postal orders.

 

On the subject of the overdrafts, and indeed the credit cards potentially should i be looking at reclaiming charges etc? Or has it been too long with the accounts having been last used/had charges on them over 10 years ago?

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most obv have existing debts still owed

so any charges reclaiming would only be 'notional'.

i'e you havent actually been charged them as you owe money anyway

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I think if anyone were to be stupid enough to litigate or issue a PAP letter of claim now on the od debts...…..

the fact that they are very historic will come out....

and as we've seen before, charges will pay a large part, in that, by stating this as we do on our PAP reply..

they usually run away.

 

as long as the debt owners of these OD's have your correct and current address

that's all you need to do.

 

dx

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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or not..mores important.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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These payplans should come with a government health warning.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • 2 weeks later...

Creditor - Barclays

Currently with - Max Recovery/DrydensFairfax Solicitors

Amount Owed - £616

Type - Credit Card

Received a reply from them saying "that my account has been put on temporary hold while we contact our client".

I guess that's one down then?

Creditor - Blackhorse

Currently with - NCO Europe

Amount Owed - £7249

Type - Loan

Received a reply from them saying that "we have submitted the request to the legal owners, Capquest" and "the account has been placed on hold".

I guess that's two down then?

Creditor - HSBC

Currently with - Lowell Financial

Amount Owed - £7669

Type - Loan

Received a reply to this one as well, but not so straightforward.

They are saying that this is a current account debt and therefore the section 77 doesn't apply.

However, it would appear that either HSBC or Lowell have combined both a small overdraft debt with a much larger personnel loan debt and are now treating them as one.

How should i go about responding to this one then please?

lowell letter cca.pdf

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Write back and tell them you have never had a current account with an overdraft of that credit limit...therefore you do not acknowledge any debt with them.

 

If they wish to expand they will open themselves up and realise what HSBC have done or they have done and been rumbled.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Creditor - Capital One

Currently with - Capital One

Amount Owed - £196

Type - Credit Card

 

Received a reply to this one as well, however they say they have complied with the CCA request and have provided an agreement.

 

Could someone check whether it is correct etc for me please?

capital_one_cca_reply.pdf

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read up on               hsbc managed loan

use the custom google search after clicking our top left logo

when did you take that cap1 card out?

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then as far as it goes that return look ok under a recon

but absolutely useless for a DCA to take you to court on if cap1 ever sell it on

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have searched as you suggested but i dont think that this applies to me.

I know that i had a student overdraft with HSBC, and then took out a personnel loan to consolidate the debts i had at that time.

I dont ever remember being offered, or being forced into any other loans to combine them in the way that seems to have been happening in the managed loan threads.

I do have a lot of my original paperwork and when i first went to PayPlan these debts were still with HSBC, and separate as an overdraft and loan. It would appear that when it moved to Lowell it was transferred into a single account number.

do i do as suggested by Andyorch in post #17?

If so, how would i phrase that letter?

I have been looking at putting a letter together for Lowell regarding the combined HSBC Overdraft/Loan debt.

In reply to your letter dated 18th June 2019 you have stated that the account you are pursuing me for is an current account overdraft. I have never had an account with an overdraft limit of over £17000 which you are claiming, therefore I dispute this debt.

Do i need any more than that?

Should i be asking them for a copy of the overdraft agreement?

Or let them just reply to the above?

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therefore you do not acknowledge any debt with them.

 

i'd let them swallow hard when they read that and contemplate their next move.

 

also get an sar running to hsbc if not done already

I bet my bottom dollar managed loan debacle rears its head, its hsbc here and far too common a trick not to be so.

9/10 people never knew nor were informed they had done one.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i am a bit of a hoarder where paperwork is concerned and i have actually just found a letter from HSBC dated 2006 that shows it was a Graduate Personal Loan and a Student Overdraft, with the separate amounts for each.

This was from them when i applied for an IVA in 2006 which wasn't accepted (which i now know was a blessing) and was likely the last letter before they sold the debt to Lowells.

Should i still go ahead with the SAR?

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it wont hurt no.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 weeks later...

well i haven't heard anything from any further creditors...

 

I did notice that a Capquest/Black Horse debt was still showing on my credit file, going back to 2005. I then checked my paperwork and found a Black Horse default notice dated 2010, so queried it with Experian and Equifax to have the account removed.

 

Equifax quickly replied to say it was my job to chase the creditor directly, but Experian replied that Capquest has no record of the debt ever being defaulted therefore the records were correct.

 

My worry, and it might be a bit paranoid, is that sending a copy of the default notice to them would give them more information on the debt than they currently have? Is that true or am i worrying over nothing? Also is there a letter template for getting credit files updated? Thanks

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this is why we always say deal with the owner not the CRA providers typically

 

send CQ a copy of the DN 

give them 14days to removed the account from all CRA providers else you'll be opening a serious complaint with the ICO and be seeking financial compensation 

 

time to dump PP payment me thinks too.

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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