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    • Just an update on Celticheart37 versus Barclaycard.   On the claim for my late Husband's PPI, Barclaycard have responded saying they have been unable to locate a PPI Policy . They say he held his card since 1979 ( not the late 1980's as I had believed) which means that PPI did not exist and that is fair enough. I accept that PPI did not exist in 1979 so couldn't have been included. So that is the end of that one.They could have told me that at the beginning rather than let me search for proof that would not exist , but never mind.   On my own Barclaycard claim for which they have offered me a refund  "based on averages", I have sent a SAR requesting my statements back to 1993 when the account opened,so hello 12345 I will post an update when I get a response and let you know how far back  they were able to go !   Celticheart37
    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  Regards  Andy    
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dottymcdotty

Moneybarn charges and default notice

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Just the once from what I can gather!

I don't have it on a statement , just in an email saying they are owed.

Is it possible to go back to court and change the date on the order ?

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No not for unlawful fees

 

You need to do as post 68

Take control!!


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Submit a further N244 and request a hearing to stop their action.

 

It doesn't matter how many times you have been to court before.

It doesn't matter how many broken arrangements you have, nor how high your arrears are, you are allowed to apply as many times as you like.

 

Each application should ideally be based on new information.


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the plot thickens!

This gets more and more confusing by the day!

I hope in some way my ordeal might help others going through similar!

 

So, on the same day I received one email saying my account wasn't on hold pending complaint then later had another email from a different staff member saying after consideration it was on hold and apologies for any upset!

 

Today I received a text message from MB saying that they had terminated my contract following expiry of the default notice!!!

I have not had a default notice in over a year , not since before it went to court!

 

Any idea why they might be sending this now?

Is it possible they didn't issue a termination notice previously ?

 

It says to call them about keeping the car .... I've told them several times I will only communicate in writing!

This whole thing is getting ridiculous now!

 

Am I able to complain to the FCA or do I have to wait for MB to finish their complaint?

So confusing !!!!

Edited by dx100uk
spacing

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Theyre trying to pull a fast one. Just do as previously advised and get to the regulators. What they are doing is their standard business practice and they have been fined and reprimanded multiple times for it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I posted a while back about moneybarn attempting to repossess my car again and I have no idea what to do!!

 

There is a suspended order in my place and payments are up to date!

 

Got a letter on Friday saying they’ve instructed Burlington to take my car and I need to provide the keys and logbook!

 

I’m 6 months off the end of my finance agreement end date.

Why are they doing this?

 

How do I stop them as my payments are up to date!

Are they allowed to just take the car like that?

 

I could put in a request for a time order but I have no idea why I’m asking for one as I don’t need extra time ,

I just want moneybarn to go away and stick to what they agreed!

 

Any advice - I’ve no idea where to turn :( !!!

Edited by dx100uk
spacing

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remember, moneybarn ignore the law. Even with a court order or agreed repayments, they still think they can do whatever they want. Mainly because the majority of people roll over and let them.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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you should have actioned post 79


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I have been looking at my settlement figure for Moneybarn as I’m thoroughly sick of them and want to just get rid!

 

my agreement ends in September so I will be clearing the finance 4 months early.

upon requesting the settlement figure I noticed that they have not given me any discount and still want the full interest amounts up to September! ( the agreement did go into default and there is a court order in place) - Is this legal?

 

ive also noticed they’ve charged me 16 lots of £18 fees over the course of the agreement too! Is this also legal?

 

i read on another thread that if the default notice issued contained those fees then the default notice was invalid. I have looked and it seems the default did include those fees! 

How do I address this and what would be the next steps? Would I be able to take it back through courts and get the order removed? Would I be able to claim anything back off them?

 

id appreciate any help or advice with this! I’ve been treated appallingly by moneybarn over the years and I feel if there was a way I could hold them to account for something then I should !

 

Thanks folks :) 

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old and new topics merged

please keep to one topic as it make a mockery of advice already given freely by others.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Is that the only response and I apologies but I couldn’t find my old thread! And it’s a slightly different question although related to the same company!

the last thing I’d like to do is make a mockery of people’s good will!

 

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 if you go back to about post 50 and re read from there you'll see this has already been answered.

 

did you get an sar running and reclaim all these unlawfully penalty charges?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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" i read on another thread that if the default notice issued contained those fees then the default notice was invalid. I have looked and it seems the default did include those fees! "

 

Thats an old argument and not one that works now...you have to prove the fees are unlawful first to invalidate the DN

 

Andy


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Thanks Andy.

so the previous post is now a little out of date ?

 

i imagine proving they’re unlawful is the tricky part and wouldn’t be worth pursuing?

 

i have done the SAR!

 

thanks 

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wont be if they refund them....:D


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Well that would be ideal but it sounds like I don’t have much ground to pursue this from Andys response :) ! 

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Would be a lot of work and risk involved to be able to prove the fees added are unlawful and therefore invalidate your default notice :rolleyes:


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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yes jump that hurdle latter

wack in a penalty fees reclaim [properly using the CISHEET at their int rate] once you get the statements

nothing to lose there  for you and could gander you several £100's of the balance...

 

they've been fined numerous times by the authorities over their unlawful actions toward customers so you might get a good result.

them p'haps review things.

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ok trying to move this forward.

just got a statement with £260 agents fees added even though they have no collected the car! Am I right in thinking this is illegal?

 

Moving forward is it best for me to submit an N244 with the court to try and stop them taking the car and for these unlawful fees?

Could somebody advise what it is I’m asking the court to do as I don’t want extra time to pay as the account is up to date but I don’t want them taking the vehicle because I’m refusing to pay these agents fees!

 

could really do with some help :) 

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its not criminal [illegal] ...it's civil - unlawful.

you should have done this 7mts ago when advised ...hit back.

 

there is no court case to set aside.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Moneybarn are still trying to chase collection agents fees !

the agent did not collect the vehicle and Moneybarn continently have “ lost payment”! I am literally months away from finishing my agreement and they seem to be doing everything they can to get the car back at this stage.

they are taking an act now as we want and deal with the consequences later approach!

Theyve  added £342 now in “default sums” which are the fees their recovery agent have charged them for not recovering the car!!! They are trying to add these to my account!

 

how do I best tackle this?

ive put in a major complaint which they are dragging their heels over...

i need to somehow get some legal

protection in place but have no clue where to start!

 

please advise where I go and how do I challenge these fees? 

Ive paid everything up to date and I’m worried what I’ll do if they still come and take the car!

 

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they are unlawful.

how many more times

they cant take the car without an ROG

simply pay the car off and not any penalty fees and then put in a reclaim for all of them

or put the reclaim in now


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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There is a return of goods order which has been suspended.

Moneybarn are telling me if I don’t pay these fees then they will take the car.

I’ve got three months left and can’t currently pay the remainder off.

 

moneybarn are saying the account won’t be closed until every last part is paid off.

 

do I pay then reclaim back to stop them taking the car?

 

im so fed up with this company now ! 

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as usual Moneybarn are making up their own rules

 

THEY CANNOT REPO THE CAR ..fullstop

and THEY CANNOT CHARGE YOU A FEE 

for a powerless repo company to do it.

 

there is a suspended ROG in place

to activate that

they MUST go back to the COURT

and get COURT BAILIFFS to do it.

 

just pay what you owe for the CAR ONLY, no fees or anything.

if they do take the car [without going back to court] then you could take them back to court and sue them.

 

might even void the whole agreement if they did and then you'd get the car and ALL your payments back.

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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