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


RCR50
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RCR 50 - If you want to add CI you should not just add it in (for the first time) when you issue the claim form. It should be in your prelim and LBA. As you know this differs from statutory as this should not be claimed until the claim form is issued (Nevos' post 75 is mistaken).

 

If you are now claiming contractual then I would re-issue the prelim and LBA with the CI calcs. Others will probably say there is no need to issue both, but I would.

 

You are getting very brave (post 62 above) these days with CI.

 

Reference is made in your post 74 to a business account, are you aware of the new business templates here?

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html

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Thanks Guido T: I was always under the impression that you could apply the CI at the claim court filing stage and in the alternative the s69 as your not guaranteed to get it, and the Banks will fight much harder on this aspect.

 

 

:)

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Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

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Hi Nevos - you are correct, you can claim SI as a fall back position from CI when filing your claim form and the banks usually put up a more rigorous defence with CI.

 

However, as you are now aware, if you are claiming CI you need to include it in the prelim and LBA, whereas with SI there your should not include the interest calculations in those 2 letters.

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Nevos and Guido

 

Thank you both very much for your replies....very kind.

 

Guido - I shall indeed send a new prelim letter I shall begin by saying that it is further to the letter that I sent on the 7th because of of an oversight on my part where I did not add any interest onto my claim and then I shall continue with a replica of the same letter sent with the additional interest on it. Guido - I know. it is very brave of me (;) ) but I figured that it would almost double the claim without interest and also I have managed to persuade myself that I m not a helpless victim, do have rights and this is a closed business account that bears no relation to my current a/c with them and on that basis they should have no legal right to be retaliatary and call in authorised facilities that I have with them or close my a/c.

 

I am leaving my current a/c with a larger claim for a later date but have decided to also reclaim charges on my MBNA credit card......I don`t know quite how to approach them for my statements over the last 6 years - despite reading over and over the site.....I must seem absolutely hopeless!

 

Anyway - thanks guys for your help......hope all is going well with any outstanding claims you might have.

 

Best wishes

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Such drama - you are getting extremely brave.

 

I would not refer to your previous letter at all.

 

They may have no legal retaliatory right, but that may not stop them from doing it - they think they are above the law.

 

Explain to me a little more about MBNA and we will be able to help.

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Guido hi

 

Its the drama queen again!!!!Thanks for your reply. You say not to refer to the first letter at all - so just send in another letter with the contractual interest? Guido, you aren`t supposed to be saying that they shouldn`t but they might!!! I am trying to be really `brave` here!!! - seriously though - do you think they have more chance of being retaliatory if I do add CI? (I don`t think there can be any more threads where they are on page 4 and still not got the prelim letter sorted yet!).

 

I just thought that I would claim my charges back from MBNA - my credit card....I doubt there will be a great deal of charges but I do not know how to approach them for my statements though - I got my statements online and from my business accounts/books with LTSB. There is a letter on here for asking for statements but it didn`t seem quite the right approach to me and I am not sure where to send it...does it just go to the address on my statements.

 

Guido, maybe I should have cashed in on being so dramatic and been an actress....at least I would not have ended up reclaiming bank charges.

 

Thanks for you help....much appreciated.

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I would not be too concerned regarding retaliation, I have not seen much by way of posts regarding this from Lloyds. Just in case have your opened up a parachute account?

 

Not sure about claiming back credit cards. Open a thread in the forum below and I am sure someone will help:

http://www.consumeractiongroup.co.uk/forum/mbna/

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Guido hi thank you.

 

No - not opened a parachute a/c yet but really should...Thanks for reassuring words re LTSB (I think from what I have read on this site LTSB should actually stand for `Long Time Slow B*****s` (excuse my french - I am a lady really but they sound so scary to me).

 

I have found a really kind soul who has sent me the exact letter to send to MBNA.

 

Thanks again.

 

All the best.

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I posted my prelim letter on 9th February for my business a/c only just asking for my charges back. As you know I have been unable to make my mind up about asking for contractual interest (authorised 18.9%) mainly because I sort of like my bank (sorry guys!) and also out of fear of them being retaliatory.....This morning I posted a new prelim letter `with` contractual interest added to the claim. I started the letter by saying that it had been an oversight on my part and was an ammendment to my original letter and this time I used the business letter from here.

 

However....on arriving home from work there is a letter from LTSB in response to the original letter. It is dated 15th Feb so they responded fairly quickly. I also have to say that it is a `nice` letter - I am sure that it is just a standard letter......she explains they are completely open and honest about any charged for services before we take them on etc etc - explaining that it is easy to keep abreast of my balance and I could always ask for a temporary OD etc to cover any possible problems etc etc.

It says that I mention the new guidelines from the OFT on `credit card defaults` (I didn`t mention `credit cards` at all) and she says they do not agree with the OFT`s thinking on this and they are still talking it through with them.

She says the important point is that the guidelines are about `default` charges that people pay when they break an agreement with us. The fees we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you haven`t broken your agreement. They are our prices for the service we provide.

Please let me know if there is anything else I can do to help etc etc etc and if we cannot come to an agreed solution after this I will help you refer your complaint to the Financial Ombudsman Service for independent advice.......If she has not heard from me by 12/4/07 she will close my file though she is happy to re-open it if I should come back at any point.

I don`t know whether this is helpful for people claiming on a business a/c

The address of the reply was...

Customer Service Recovery Centre (Debbie Gilbert - Team Manager)

Charlton Place

Andover

Hampshire

SP10 1RE

I sent mine to Colmore Row (I live in London/Kent).

It was a nice letter from them....but then, I am a soft touch which is why doing this is so difficult for me.....(I need to get my head around the fact that this lady is just doing a job that she is paid to do and it is not her personally that I have a dispute with and this ultimately does not affect her in any way).

I have sent the other letter now....should I just do nothing - wait 14 days from when I know they have received it and then send the LBA?..

 

Many thanks.

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Hi RCR50.

 

1. It's a template letter which has been received by just about every LTSB claimant.

2. It's bunkum!

 

I have an almost identical letter on file, which I received months ago and I'm just about to be paid out, prior to court proceedings.

 

Just continue with your timetable and don't let LTSB's blandishments fool you. It's all designed to make you quietly go away.

 

Elsinore:)

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Hi, It is a standard letter.

 

You must have been sore about the charges to complain at all and if they were you they would want to get the money back so, don't feel obliged to bend and stick to your guns. Banks are in business to part you from your money which, they are rather good at, if your business gets in trouble they will hammer you! If they will give you an overdraft so will another bank. Go for it!

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This is just Lloyds standard nonsense. There is no lady, the person probably does not even exist, therefore it is not going to affect her.

 

Stick to your timetable Prelim 14 days - LBA 14 days, then claim form.

 

Do not be concerned about them, they do not care about you. The banks are abhorrent money making machines without regard to the human tragedy they may leave in their wake - now who is getting dramatic.

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Thanks guys

 

I am so glad that you are here.

 

Guido! - such drama!!!! ;) Thank you

 

Nevos - thank you.

 

Elsinore - so pleased that you are about to get your money back. Thanks for your help.

 

Best wishes to all.

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Do not be concerned about them, they do not care about you. The banks are abhorrent money making machines without regard to the human tragedy they may leave in their wake - now who is getting dramatic.

 

True though - especially Lloyds! http://www.consumeractiongroup.co.uk/forum/lloyds-bank/41562-spiritgirl59-lloyds-bank.html

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/41729-pen-lloyds-tsb.html

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Gary hi

 

Thank you for the thread....They were absolutely heartless in that case....Also it has given me seriously cold feet.

I did close the business a/c three years ago when I stopped trading but I do have a current a/c with them - my claim on that one is slightly larger but I have not sent it in yet - am still sitting on it....I thought that I had managed to obtain a loan from a different bank to clear my authorised overdraft with LTSB but it was declined at the last minute because they felt that I had far too many other financial commitments (which is very true) - apparently my credit rating is fine......But despite having closed the a/c and having a sweetheart of a business bank manager who still sends me a christmas card with a kiss on it! I don`t think I can go through with this now.....I am fearful that I might end up in a real pickle if it all goes wrong. You would not have thought they would make them close their current a/c because of a claim on their business a/c would you..

 

Also - Gary, what confuses me - and I don`t know whether you might know the answer. Why do they treat everybody so differently? Notlam for instance won his claim with LTSB and he had an authorised overdraft facility which they allowed him to keep - he swiftly withdrew his pay out (or rather `payback`) from his a/c and he said they were even helpful and courteous.....he even claimed contractual interest and compensation....To allay my fears he said, `Why would they treat you any differently and how good would it make them look if you went to the papers about them behaving in a retaliatory manner`.....It did help give me some courage to put in my claim (being a `lovie` again Guido and all theatrically dramatic) but having read that thread I don`t think I can go through with this now and might just let it drop.

Gary - do you actually know why they treat customers differently - some sailing through with uncomplicated claims with no come back and others not?

Anyway - sorry to ramble.

Thanks again for pointing that thread out.

Best wishes

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Cold feet are for Eskimo's.............who probably don't have Bank accounts !!!! :D

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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:o Oh no! Sorry - that was'nt the intention!! I linked that to show you what swines they are so as you would'nt feel guilty about wiping the floor with them!

 

Spiritgirls case was a rare occurrance - a one-off even, in that she has been having various disputes with them going back years. They won't close your account, don't worry - or its highly, highly unlikely anyway.

 

Go on - stop flapping and get your money back!!!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

Hi guys

 

Just a quickie to say that you were all right. I sent in the ammended letter with contractual interest added and today I received a replica of the letter I received initially - I shall wait several more days and send in my LBA.

 

Best wishes.....Take care all.

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Excellent - thats the spirit!:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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