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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      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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Shinobi Vs Barclays


shinobi jones
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Hi Guys,

 

Been lurking and learning for a little while now but am about to get started on my claim. I have all my statements going way back so I'm one step forward than most people I think, but I have a couple of issues I'd like a little help on.

 

I have read a number of threads and checked the FAQ's but can't pin down an answer on a few things, opinions & personal experiences would be welcome!

 

1) Are Barclays likely to close my account? I have another account elsewhere already but it would really screw me up if they did close it.

 

2) I'm in and out of overdraft but I don't think they'd default me on it, my account used to be rubbish but is looked after a lot better now, and soon to be in reciept of a bit of boost I hope!!:D Anyone think they might default my overdraft as some others have?

 

3) I have a loan with Barclays too which I'm servicing without any trouble, could they call that in? That would completely screw me up financially and I fear I would have to drop the case if they threatened that.

 

I'm not afraid to take on Barclays having read the other success stories however I really don't want to move my account or have to repay the loan (which I couldn't do anyway!) I guess I just want to have a good look before I leap.

 

Thanks in advance

Shinobi

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Hi Guys,

 

Been lurking and learning for a little while now but am about to get started on my claim. I have all my statements going way back so I'm one step forward than most people I think, but I have a couple of issues I'd like a little help on.

 

I have read a number of threads and checked the FAQ's but can't pin down an answer on a few things, opinions & personal experiences would be welcome!

 

1) Are Barclays likely to close my account? I have another account elsewhere already but it would really screw me up if they did close it.

 

2) I'm in and out of overdraft but I don't think they'd default me on it, my account used to be rubbish but is looked after a lot better now, and soon to be in reciept of a bit of boost I hope!!:D Anyone think they might default my overdraft as some others have?

 

3) I have a loan with Barclays too which I'm servicing without any trouble, could they call that in? That would completely screw me up financially and I fear I would have to drop the case if they threatened that.

 

I'm not afraid to take on Barclays having read the other success stories however I really don't want to move my account or have to repay the loan (which I couldn't do anyway!) I guess I just want to have a good look before I leap.

 

Thanks in advance

Shinobi

 

Hi Shinobi,

Whether Barclays choose to close your accounts is really up to them, in some cases they have and other they haven't. I really would look at getting another up and running before you go too far.

 

With regard to point 3, I'm sure that the loan is a totally separate entity to your bank account and therefore won't be affected by any other dealing you are having with Barclays.

 

Most of all, don't be scared. Banks do not want to go to court for fear of having to justify there over inflated penalty charges. Being a newbie myself I can only speak from advice I have received and not from experience, but I'm sure others will come on here and be able to help better than I can.

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  • 4 weeks later...

Me again, finally got my arse in gear (in work and nothing better to do!;) ) and have done my schedule of charges and letter to Barclays asking if they'd kindly refund all they've taken from me!!

 

Going off today, not sure whether 14 days should be working days or not, whether I should let them have some lee way for new year :confused: ?

 

 

Any road my claim amount is currently £2,751.84 although this will no doubt go up as they ignore me, get 8% added and end up owing me around £3,300, nice!!

 

Thats all, hope you all had a good Christmas, here's to a profitable new year!!;)

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Me again, finally got my arse in gear (in work and nothing better to do!;) ) and have done my schedule of charges and letter to Barclays asking if they'd kindly refund all they've ****** from me!!

 

Going off today, not sure whether 14 days should be working days or not, whether I should let them have some lee way for new year :confused: ?

 

 

Any road my claim amount is currently £2,751.84 although this will no doubt go up as they ignore me, get 8% added and end up owing me around £3,300, nice!!

 

Thats all, hope you all had a good Christmas, here's to a profitable new year!!;)

 

Can you please edit your original post and avoid any words which are in any way defamatory. I've asterisked the offending word in the pasted copy of your post.

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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  • 3 weeks later...

Haven't been on here for a while, I hope everyone had a profitable christmas! ;)

 

I received an acknowledgement of my complaint on 4th January and then a swift offer of £1,000 compensation (just the £1,751.84 short!) on 8th January all prior to the original 14 day deadline.

 

I then gave them the rest of the fourteen days before sending my Letter before Action cobbled together with the rejection of settlement letter to Gaynor Mills in Swansea.

 

So now they have until the end of the month before the claim gets submitted!

 

Just a couple of q's:

 

I've been charged another couple of times since my claim went in, my claim was from 01/01/2001 to 31/12/2006 but can I still add charges made after that date?

 

Second whats the timescale from now to recieving payment generally? I'm off on holiday from 21/04/07 and want this sorted by then ideally, don;t want things happening while i'm away either.

 

Thanks all :D

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Just had a call from Barclays with an increased offer of £1,500, told them to put it in writing and asked them whether or not they would consider offering the full amount as I was confident i would win my claim through the courts.

 

They aren't going to back down that easily though so i shall reject the offer, hold them to the timescale from my LBA and make my claim on 1st Feb :D

 

In the meantime though could someone help with my questions from a couple of posts up:confused:

 

I've been charged another couple of times since my claim went in, my claim was from 01/01/2001 to 31/12/2006 but can I still add charges made after that date?

 

Second whats the timescale from now to recieving payment generally? I'm off on holiday from 21/04/07 and want this sorted by then ideally, don;t want things happening while i'm away either.

 

Thanks as always

 

Shinobi

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Just a couple of q's:

 

I've been charged another couple of times since my claim went in, my claim was from 01/01/2001 to 31/12/2006 but can I still add charges made after that date? Yes, you can amend your claim for free up until you file at court. After filing, you'll need to amend your claim and pay a non-refundable £35.

 

Second whats the timescale from now to recieving payment generally? I'm off on holiday from 21/04/07 and want this sorted by then ideally, don;t want things happening while i'm away either.

 

When you file, they then have a total of 33 days to defend (and they'll use up all that time). You, and they will then receive an AQ to return to your local Court, that's another 14 days at least. Then you'll have to wait for the Judge to look at the case and set a date. In my case, that took around two weeks.

 

Thanks all :D

 

Hope that helps

To follow my case progress, click here to see where I'm at right now.

 

Welshman

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  • 2 months later...

Haven't posted on my thread for a while so I suppose its time I updated it:

 

My claim has gone through for a total of £4664.50, this was acknowledged earlier on in March and Barclays had until 31/03/2007 to defend. I logged on to MCOL this morning in eager anticipation that I could request judgement and there it was (or wasn't) no defence had been submitted and the button to request judgement was ready for the pressing!:roll:

 

I took a moment to think about what needed to be done next and by this time MCOL had logged me out. When I logged back in the screen had refreshed and showed that they had logged a defence on 26/03/2007:evil:

 

So I am now waiting for the court date which I hope will be sent soon.

 

***One question though:***

 

I am off on my hols from 24/04/2007 to 08/05/2007, if the court date or a relevant deadline falls in this period will I be able to ask them to move it? I'd hate to fall at the final hurdle because I'm off sunning myself!

 

Thanks as ever!

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Well, that's what the AQ is for, so you can ask the court not to schedule during those dates, but we've recently seen some courts dispensing with the AQ in the knowledge that matters will not end up in court.

 

Having said that, I doubt very much you'd get a court date within 4 weeks! If you did, you must be in the only area in the UK where there is no-one else reclaiming their charges!!! For example, mine were filed in on June 5th and I got a court date for November 2nd.

 

Odds are that if your court sends out an AQ, you won't get it until about 1 week's time earliest. You then have 14 days to return it, same with the other side. To be on the safe side, you can then state your holiday period, but there's no way I can see that you'd get a court date during your hols. If I were you, I'd be more worried about the AQ arriving just after you leave for your holiday. Is there someone picking up your post while you're away? It might be wise to organise this just in case. ;-)

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  • 4 months later...

I know this isn't my main thread (sorry) but I desperately need help with my bundle, it needs to go off asap.

It currently looks like this:

Correspondence

Statement of Evidence

Bank Statements

Schedule of Charges

Relevant Case Law (from basic bundle)

Early Day Motion (from basic bundle)

Dunlop

UTCCR

UCTA

SOGA

Barclays Terms and Conditions

Peter McNamara Transcript

Australian Default Charge Report

BBC Commission Conclusion

There are a number of things which I can't find but are mentioned in someone else’s bundle, I've downloaded Bookworms bundle and they aren't mentioned, should I enclose them and where can I find them?:

Provisional Findings in Northern Ireland Personal Banking

Witness Statement – I can only see one for Abbey, do I need to adapt this?

Also in Bookworms bundle the OFT report summary relates to Credit Cards, is this the right one to be using for Bank Charges? If not I can't find the right one!!

Sorry to panic so much and stray off thread but help is required! Please!

 

Shinobi

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Right then, Court Bundle submitted today but now i need some advice on Stays please.

 

I mentioned to the lady at the Court (Stourbridge) that Barclays had contacted me to say that they were going to apply for a stay (blanket letter that everyone's had) and asked whether the stay had been (a) applied for and (b) approved.

 

She said that Stourbridge County Court were going to apply stays for all cases except those above £5,000 but that I was still able to appeal if I wanted to. My claim is up around the £4,850 mark now so not far off £5k but I haven't had anything from either the court or Barclays regarding the stay application.

 

My question is should I appeal it before I get notified of it? if the court themselves have applied it I will obviously have to appeal rather than just turn up and hope Barclay's cock up but I don't want to get to court (6th September) and find that although Barclays have submitted nothing the stay has still been applied anyway!

 

Will I pee the court off by applying before I'm notified of the stay or am I ok to apply in anticipation?????

 

Given the size of my claim I might have a good chance of getting past it anyway, I just hope that B's are lulled into a false sense of security and don't turn up or file a defence and my appeal is upheld :D

 

This forum is an absolute godsend and there are some real genius' at this on here, Please help!

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Thanks Saintly, have received this morning notification from the court that they are applying the stay themselves.

 

Have many people appealed successfully against court applied stays or only those applied by the banks?

 

Here's the text of the letter:

 

1.The court is aware that a test case has been issued in the High Court between the Office of Fair Trading and certain banks, with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the Unfair Terms in Consumer Contracts Regulations and other legislation to such charges. Further information in relation to the test case is available on the OFF’s website at http://www.oft.gov .uk.

2.Upon it appearing that the issues raised in the test case will affect this claim, the claim is stayed until further order upon compliance with paragraph 1 of this order with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance with CPR23, to lift the stay.

It also says that the hearing date has now been vacated:-?

I'll appeal obviously but not too confident.

Any advice anyone?

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All you can do is try. If you don't, it will get stayed, if you do, you have a small chance to get in there, especially as you're close to the 5k limit. Have you recalculated your interest to date? That should make it even closer to the "magic" limit. :rolleyes:

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