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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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Beetlebum v MBNA


beetlebum38
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Hi

I have joined today and have been following unlawful charges on MSE.

I am ready and prepared (with the help of the group) to take on various banks and credit card companies, starting with MBNA.

I closed my credit card account a couple of years ago after falling into financial difficulties. I defaulted and MBNA passed my account to a debt collection agency, finally resulting in me making a final settlement with them at 80% of the outstanding debt, and closing the account. I had been charged ridiculous fees etc by MBNA and the DCA over the years. Can I claim back these charges even though I have settled the account and it has been closed since 2005? If yes do I follow the same procedures starting with the DPA request for 6 years worth of statements etc.?

 

Any advice would be great.

 

Beetlebum38

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Yes same procedures.

Your arguement can be that although you agreed to 80% at that time you were unaware that they were unlawful penalty charges.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good.

 

Have moved your posts and sorted a thread for you here in MBNA;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

wow just re read the letter they sent me

 

They have put someone elses account number on the letter!!!!!!! its definately not mine!!!

 

i Cant wait to see whos statements they send me!!!!!

 

What should i do? any ideas? that would be a clear breach of the data protection act right there if they sent me someone elses statements?

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wow just re read the letter they sent me

 

They have put someone elses account number on the letter!!!!!!! its definately not mine!!!

 

i Cant wait to see whos statements they send me!!!!!

 

What should i do? any ideas? that would be a clear breach of the data protection act right there if they sent me someone elses statements?

 

They did what? Outrageous! Tut tut MBNA. I would get straight onto the Information Commissioner.:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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MBNA?........making life difficult...? sending the wrong information.....? looking like they don't know their a**e from their elbow....? running around like headless chickens........? Surely NOT?

 

(Morning Corn)

 

Morning Ladybird! LOL! How can you say such things?! :lol:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I also have been sent someonelse`s account details sent a stroppy letter back. Shame that person didn`t have any charges mind, hell knows whatwould have happened if id have claimed for them lol. We trust companies with our data only for it to be given to someone else.

 

 

Matt

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  • 3 weeks later...

Just an update..... 40 days has passed on 20th Feb so MBNA are now in non conformance of the data protection act.

i rang them up to inform them and spoke to James Doherty in the customer advocates office (01244 672892).

Informed him they were in breach of the data protection act.

He informed me there was no one there to deal with my call(yeah Right) but had i recieved the G.O.G.W. payment of £268?

He proceeded to tell me that i should have received a letter detailing my G.O.G.W.

Where was it paid into i enquired?

Your account he says

well that would be hard because its been closed for over a year!!

oh right he says but we have updated your account thats why you have a new account number but i will have to get someone to ring you back who knows more about it

i then informed him i was putting it in writing they had a further 7 days to comply with my sar or its off to court

he says thank you if you put that in writing for someone that would be great(PMSL)

anyway my ring back did not materialize today (surprise surprise) so i will ring again tomorrow

 

is everyone who writes in with a sar now recieving a G.O.G.W. payment at this stage in the hope that we will go away?????

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anyone any thoughts?

 

Hello Beetlebum, it is quiet on here tonight!

 

MBNA appear to be not treating SAR's as SAR's and then offering a goodwill payment and then saying that if you want a full SAR you must send a payment of £10.00 and ID. Hilarious given that you would have asked for a full SAR to start with! They are just stalling for time.

 

Certainly ring them but I wouldn't beat about the bush, stick to your timetable and tell them that any GOGW will be treated as a part payment and you will be pursuing them for the rest.

 

I will be interested to see where they put your payment, perhaps they'll issue you with a shiny new credit card that is in, er, credit! LOL!:rolleyes:

 

I hope this helps!:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Rang again.......no joy,spoke to a nice quietly spoken girl called Nicola.She said there was no "expert" available to take my call......lmao

 

I asked name of said expert and she said Dan Friar

anyone came across this gentleman???

 

She was able to confirm £268 was paid into my acc (which is closed) on 12/02/2007 as a GOGW.

informed them Again they are in breach of my S.A.R. and i want my details!!!!

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Just downloaded the "Data Protection Act 1998 Complaint form" from the Information Commisioners website. I am starting to fill it in now.

 

Any help would be appreciated, especially concerning what info to include for the complaint. Dont want to send to much.

 

Also can anyone help me regarding what to claim in damages when i get round to filling agianst MBNA for non compliance??

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OK Today i posted off the ICO complaint . Feel better already.

 

Tomorrow im filing.

Could someone please guide me as regards what damages to claim?? i think i am ok filling in the court form and POC just need some guidance for the damages?

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ok Claim lodged with small claims court in N.I..

Just waiting on verificaton now.

Failure to comply with SAR under section 7 of the DPA.

PLease please let me have filled everything in correctly!!!!!!!!!

 

Feeling a bit lonely on this thread i think im posting to myself!!!!.....LMAO

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Guest Battleaxe

Aww don't be lonely my little leprechaun.

 

You will get a defence lodged and then they will ask for a true breakdown of charges, just give them what you have and let the Judge decide what else he will give you for non-compliance. let the ICO know what has been going on because the ICO's letter will be your leverage with the Judge and DO NOT settle out of court. make them sweat. After all you have been reasonable and tried everything to open dialogue with them

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Thank you mrs Axe.

I have already sent ICO complaint off. Do you suggest i contact them(ICO) and let them know i have filed a claim for non compliance?

 

Thank you for you guidance oh wise one!!!!!

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Guest Battleaxe

Not so sure how wise I am. LOL..I would just let everything lie now and wait for the ICO to reply.

 

Just remember when your crock of gold has been replenished, to guard it well.

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