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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.
      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.

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Weller11 v Halifax


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Oh Sally - now i am totally lost, what is part 8 of the FAQ's, in fact what is the FAQ's.

I have done the following but tell me if I haven't done it right:-

 

Sent SAR - received statements

Sent Prelim letter - response stated to allow them 4 weeks

After 14 days sent LBA - still awaiting response

 

I haven't had an offer at all either part or full settlement, should I be worried?

 

Though, have received this morning a "Notice of Debt" detailing the amount owed on my OD and over limit and asking if I will pay this back by such and such a date (well, not asking really) if not it will go to a Debt Collection Agancy - have to say though, I was expecting this and am planning on including it in a Debt Managment Plan that I am in the process of setting up. Makes me sound awful, doesn't it - been in debt I mean but we have had a tough year and are just about making it right again though cant afford all minimum payments on debts therefore the DMP.

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No it dosn't make you sound awful at all. I'm so good with money I owe over £10,000. I feel really cross on your behalf. Now I could be wrong but because the account "is in dispute" they cannot send it to a debt collection agency for one. For two, are you setting up the debt plan with CCCS? I am with them and would recommend them to anyone. Whoever you are with, let them know what the Halifax are saying. When my plan was being set up I had to keep making the minimum payments until my plan was implemented. But as you say you can't afford the minimum payments ask the debt management people. You are not being charged for this service are you? This is why I like cccs. They are interviewed by the BBC quite often as well because they are reputable.

 

See Michael is on the ball as usual. Where are the other 2 buses.........

 

 

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You do make me laugh Sally, have now read the FAQ's as directed by Michael, I feel I'm annoying everyone but its really hard to take everything in and understand all the processes - oh !!!!, now I'm crying, silly !!!

 

But I still don't understand what questionarie you are filling in, is it because the bank have put in a defence - is it the one for the court? And what is Section 8? When filling out the court forms will i have to explain why my OD is so large and why I have gone overlimit?

 

I apologise for asking what are simple questions to some but I just want to make sure I get it right and the FAQ does not say anything about a questionaire, just the one if the bank put in a defence - is this applicable to me as I am not claiming over £1500?

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Section 8 of the step by step guide here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html

 

AQ is applicable, but no fee payable under £1500

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

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Oh, I see now where section 8 is - I was looking for it in the FAQ's - stupid woman - Thanks Michael and also you Sally for your support - YOU didn't make me cry - just got frustrated.

 

I think I will just take it one step at a time, ie: have now read everything so will do things only when they become necessary, will stop jumping ahead IYKWIM.

 

Michael - you can have a couple of beers and Sally, well - I will share my Baileys (lol theres not much left :rolleyes: ), maybe I should treat myself to another bottle ;)

 

Thank you both very much

Lisa xxx

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Any time m'dear. I queried my daily rate which you can charge Halifax once you have submitted your N1 because I was not sure I had done it correctly. I had as it turns out, but that is what this site is for. Help and encouragement available for all. It's still cold so we are going off to the pictures today. Taking a break from all this can be invigorasting too.

 

Did you hear the pompous twit from the banks today going on about how "Which" magazine is giving people misleading information about claiming their charges back. Backs to the wall or what?

 

 

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Hi, Can Anybody Please Help. I Have Receievd An Offer From The Halifax For The Full Amount Claimed But It States The Payment Is To Go Into My Account - Which Is All Well And Good But I Cant Use The Account As It Is So Overdrawn And I Know It Would Bring The Amount Owed Down But My Benefits Have Been Paid Into The Account Until I Stopped Them And I Have Had No Access To Them Because Of The Od.

I Called The Person Who Wrote The Letter Up And She Said The Account Was Still Active - Received A Notice Of Debt Last Week - And Its The Halifax's Policy To Pay Into Account. In Both My Letters (prelim And Lba) I Requested Payment Be By Cheque.

 

The Form That I Have To Sign Says "pay The Money To Halifax Roll No ................." And Then Requires A Signature.

 

Please Help As I Really Need This Money

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Plesae Help Urgently - Have Rceived An Offer

Hi, Can Anybody Please Help. I Have Receievd An Offer From The Halifax For The Full Amount Claimed But It States The Payment Is To Go Into My Account - Which Is All Well And Good But I Cant Use The Account As It Is So Overdrawn And I Know It Would Bring The Amount Owed Down But My Benefits Have Been Paid Into The Account Until I Stopped Them And I Have Had No Access To Them Because Of The Od.

I Called The Person Who Wrote The Letter Up And She Said The Account Was Still Active - Received A Notice Of Debt Last Week - And Its The Halifax's Policy To Pay Into Account. In Both My Letters (prelim And Lba) I Requested Payment Be By Cheque.

 

The Form That I Have To Sign Says "pay The Money To Halifax Roll No ................." And Then Requires A Signature.

 

Please Help As I Really Need This Money

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Hmmm, difficult one...

 

It's up to you what you would like to do, but if it were me (and this is only what I would do) I would refuse to accept their offer unless they are prepared to hand over a cheque. In my prelim letters I requested payment by cheque only, if they insist on paying into my closed account, I might risk taking it to court on the basis that they are not agreeing to my terms - getting the money back is half the battle.

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Thanks for that - they are saying the account is still active but sent me a "Notice of Debt" but obviously I cant use it as they have taken my card and chequebook back.

 

Do you know if there is a templete letter for this situation anywhere?

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To be honest, I am not concerned about my credit rating - its already very bad and I take on your point that I owe them money - I do but they have taken benefits from me to pay these charges which is why I want it back.

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to be honest i dont think you stand a chance. if that went to court the judge would agree with the bank on the money owed. they would agree with the charges against you though but they would ask you to pay the over draft minus the charges that they levied onto you.

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Sent this e-mail and copied it to Chief Exec - worth a try.........

 

Dear Ms Hollyoak

Further to your recent letter dated 29 January 2007 and your offer of full and final settlement of the charges claimed and further to our telephone conversation of today.

After receiving advice regarding your policy of only paying the settlement into the account where the charges were taken from, I wish to inform you that as I stated in both of my letters to you I require payment by cheque and as I can no longer use my account as there is a "stop" placed upon it and it is due to be sent to a Debt Collection Agency (confirmed by your Customer Service Staff) I still require the payment to be made by cheque and am legally entitled to do so.

I will return the offer letter to you, amended to show I will only accept payment by cheque, and if you continue to refuse to make the payment by this method I shall have no option but to proceed with my claim through the Courts. I have been advised that the Courts will take a very dim view of your refusal to make the payment by cheque and when my case is successful or goes to Judgement the Court will allow the Claimant to decide how the payment is made.

 

I am aware of the oustanding balance on my account and this will be dealt with in the very near future by my Debt Management Company.

I look forward to hearing from you in the very near future.

 

Yours sincerely

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Dear Ms Hollyoak

 

Further to your recent letter dated 29 January 2007 and your offer of full and final settlement of the charges claimed and further to our telephone conversation of today.

 

After receiving advice regarding your policy of only paying the settlement into the account where the charges were taken from, I wish to inform you that as I stated in both of my letters to you I require payment by cheque and as I can no longer use my account as there is a "stop" placed upon it and it is due to be sent to a Debt Collection Agency (confirmed by your Customer Service Staff) I still require the payment to be made by cheque and am legally entitled to do so.

 

I will return the offer letter to you, amended to show I will only accept payment by cheque, and if you continue to refuse to make the payment by this method I shall have no option but to proceed with my claim through the Courts. I have been advised that the Courts will take a very dim view of your refusal to make the payment by cheque and when my case is successful or goes to Judgement the Court will allow the Claimant to decide how the payment is made.

 

I am aware of the oustanding balance on my account and this will be dealt with in the very near future by my Debt Management Company.

 

I look forward to hearing from you in the very near future.

 

Yours sincerely

 

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My hubby had a recent battle with Halifax, they wanted to pay his GOGW into a closed account that was fully paid up and closed. They stuck the money where he could not get it and he had to fight heaven and earth to get them to send him a chq. They stated on the defence that the GOGW had been settled in accordance with the claimant wishes. BUT NO THEY HAD NOT! now they say a chq is coming I'll believe it when a see it.

Are you saying that after all the credit card charges, interest and the court fee refund there is still no money to come back!

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My hubby had a recent battle with Halifax, they wanted to pay his GOGW into a closed account that was fully paid up and closed. They stuck the money where he could not get it and he had to fight heaven and earth to get them to send him a chq. They stated on the defence that the GOGW had been settled in accordance with the claimant wishes. BUT NO THEY HAD NOT! now they say a chq is coming I'll believe it when a see it.

Are you saying that after all the credit card charges, interest and the court fee refund there is still no money to come back!

 

 

The last paragraph, "am I saying that after all the charges interest and the court refund there is still no money to come back" - sorry, i;m not sure what you mean - there is money to come back to me

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6 threads merged, it makes your story easier to follow if it's all in one place.

 

To be honest, if you owe them more money than they owe you in charges, you do not have a case to ask for payment by cheque. The fact that they took your benefits is irrelevant, at some point you must have borrowed money from them.

 

If on the other hand, the charges reclaimed more than cover your o/d (authorised or not), they can still pay the money in your account, and you can then withdraw the difference.

 

If you're in debt with them, I am afraid they have every right to reclaim that from you. I'd be very careful about taking this to a judge.

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