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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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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Please help for an old lady


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Thanks sarah, I do appreciate all your help.

So Bill, soon it will be

'Another one bites the dust' and Dotty will be able to afford to go to

'Barcelona' and I'm now getting into this so...

'Don't stop me now'

 

LOL you guys !!!

 

Here's a couple of singalongs for THEM :mad: :-

 

Dotties' Rhapsody.

 

 

:D:lol:

 

BTW ...A4 Deffo Ain't Big enough ... u want wanna them huge ones like they have on children in need etc ... ! ;)

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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Guest willowb

RBS have usually been pretty good at sending statements, I've never had a problem with the 3 account statements I've SAR'ed so hopefully you'll have them in a week or two. It's Abbey who are absolutely foul at time wasting, as far as I can see they're the worst!

 

Wxxx

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Got the statements today, just entering on s/sheet. In July 04 alone they charged her £460.00!!!!

From 16.1.01 to end of july 04 the charges are £2698.00, Plus the £3,000 odd for 05-06.

Absolutley disgraceful!

Dotty's going to have a well good time when she gets this back!!

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£6,000 + £457.70 interest.

1 question though- nothing has been paid into the account since Jan 06, the interest that has accumulated since then is £405.00

 

So, unless they make her pay it, that money is strictly not recoverable is it? It is only numbers on a sheet of paper.

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They are still claiming she owes it and it is compounded interest don't forget so, they have charged her interest on interest on unlawful charges.

 

All I am saying is that yes, she is perfectly entitled to claim it back and also entitled to charge them interest for it.

 

I have nearly confused myself there but, I think you probably know what I mean (she says hopefully). What did you set the interest rate at incidently? I don't know what the unauthorised rate is for RBS

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Ah, the spreadies are set to a default interest rate and if you are claiming a contractual rate then, you need to enter the unauthorised borrowing rate for RBS. I am not sure what the current rate is but, on this successful thread (which is worth a long read) I think it was 29.8%

 

 

http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/49470-contractual-interest-details-case.html

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Hiya

Was just reading your thread and am in a similar situation with RBS (although i'm not the same age as your lady). I had 2 accounts with RBS (1 joint, 1 my own) both which had o/d on them and found that could not pay back what we owed them. Total was about £4500, but by the time they had decided to send to Credit Management total had risen to £6500 with all the charges. Agreed with RBS to pay a little every month to pay off the debt and they have stopped adding anymore charges. However beware. I am trying to get back £2775 in charges owed to me and although RBS have agreed to pay the money back, they say they will ONLY pay into my account to which i owe them money. They will not send me a cheque, which is what i've been asking for all along. Have not given up though and am still fighting it out. One piece of advice which maybe helpfull. You are entitled to an encashment from Credit Mgmt, which is where you can phone them up and ask to be paid a sum of money and collect in cash from an RBS bank. I took RBS to small claims court where they agreed to pay me what they owed for charges £450 and paid the money direct into my own account which is held with Credit Mgmt. I then phoned them and told them that monies had accidently been paid into my account and they agreed an encashment. I went along to my local branch and took it all out in cash. They told me that everyone is entitled to one encashment, so you could try that later if you find you are having problems. Good luck.

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:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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Thanks Unicorn.

Just a thought- Dotty has never paid most of these charges, she just letr thew account run up whilst her benefits were going into another account. I realise that she should have closed it and set up D/D's in the new account. So how can she reclaim money she has never paid?

If it went to court RBS could in effect just wipe out the debt as she has never paid, how does that affect the £120 court fees? So in effect, she doesn't get any money back at all

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Thanks Unicorn.

Just a thought- Dotty has never paid most of these charges, she just letr thew account run up whilst her benefits were going into another account. I realise that she should have closed it and set up D/D's in the new account. So how can she reclaim money she has never paid?

If it went to court RBS could in effect just wipe out the debt as she has never paid, how does that affect the £120 court fees? So in effect, she doesn't get any money back at all

 

Okay- so, you know what the charges are for these a/c's. About 6k plus interest (?)

 

Yes, probably most of the reclaimed charges will go to paying back the amounts owed. I don't know how much is outstanding on the accounts but, the important point is that she will no longer be harrassed for these amounts and, if you apply contractual interest to the mix, there may be some left over. She will be able to reclaim the court fee so, don't worry about that.

 

That is why I said in an earlier post that personally, I didn't mind the fact that money went towards paying the original creditor first and then I had a cheque for whatever was left over.

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Destiny, it looks to me like you are either using the wrong rate of interest or the wrong spreadsheet - or both. You should be using a spready that calculates compound interest. The ones in the template library do not. I would recommend Vampiress's No. 5. Unfortunately, she has just closed her Google Chambers for re-Vamping, but there is an Excel version here:

http://www.cagmembers.go2.to/

 

You might find this useful, too. Spready guide:

http://www.consumeractiongroup.co.uk/forum/post-50088.html

I think as Sarah says, the bank has been charging this to her account, and they obviously still consider themselves due this amount from her. They have charged her this money - but she hasn't paid it - yet.

So it seems to me that the object of this exercise is to get them to admit that the charges were unlawful, by refunding them in full, plus the interest charged on them, plus contractual interest to be charged on all of that. Upon receipt of the refund(s), Dottie then immediately pays off the balance owing on the account(s), and keeps what is left. If they insist on paying directly into the account, then I would personally suggest that you agree, but on condition that the account balance is paid off, the account is closed, and the surplus is refunded as a cheque.

But please make sure you have got all your figures on the spready right first. If this is wrong, then the whole claim is wrong.

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Just an announcement from Batty Bill here. Vampiress has announced that her Google Chambers will be closed for a while, as they are undergoing a "Re-Vamp" :D

Mindzai's spreadsheet will not be affected by this, and should still be available.

 

For those needing compound interest spreadies, this is available for download, along with Excel versions of Vamp's Recommended #5 and #16 spreadies here:

 

http://www.cagmembers.go2.to/

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Just when I thought I knew what I was doing. This compound spreadsheet, I have a few questions

 

1) Compound Annual int rate - I assume I ask the bank for this?

 

2) Est average o/d balance during period of interest-- Que?

 

3) Int on bank int on penalties - Que?

 

If the answer to No 2 is the account balance on that date the interest has been debited, then do I put in a - sign if in o/d ?

 

And if the answer to No 3 is the 8% s.69 Court fees @ 8%, I assume when I print out for prelim & LBA, I make sure that this section is not printed out with it until N! is dent?

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Just found this thread from the "bank taking your benefits" thread, its really disgusting considering the age of the debtor but I guess they dont care its pound sings in eyes to them! I was in this situation in 2005 and for a few years previous and I eventually went bankrupt at the end of 05 to escape it all. If id have been aware of all my rights at the time claiming back all charges and benefits they had took from my accounts would have cleared the balances and id still had pocket change for a nice holiday.

 

Its disgusting how they use peoples lack of knowlege for profit gain and someone somewhere with the authority should be doing something about it. You cant tell me they dont know what goes on cos theres threads like this all over the internet brought to the attantion of people from all walks of life every minute of the day! Anyway I wish you all the best in this case and tell your friend we are all behind her!

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Just when I thought I knew what I was doing. This compound spreadsheet, I have a few questions

 

1) Compound Annual int rate - I assume I ask the bank for this?

I prefer to get the current annual unauthorised overdraft rate from their website. You can save the page and print it later, then, if you like.

2) Est average o/d balance during period of interest-- Que?

This is an approximation of the average amount by which the account was overdrawn throughout that month. Just try and make a reasonable estimate of this - no need for precision, it's more important to just be reasonable.

3) Int on bank int on penalties - Que?

Don't fill this in - the spready does this automatically.

If the answer to No 2 is the account balance on that date the interest has been debited, then do I put in a - sign if in o/d ?

No it's not, and no you don't !!

And if the answer to No 3 is the 8% s.69 Court fees @ 8%, I assume when I print out for prelim & LBA, I make sure that this section is not printed out with it until N! is dent?

If you are claiming contractual interest, then this will be the interest at the rate in (1) above. Put this rate in the interest rate box at the top of the spready.

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Yes Gizmo, there was. I asked for details under the S.A.R - (Subject Access Request) but have not got any

Thanks Midnight , it's nice to know that we have friends on here, I'm sure thats a great comfort to Dotty as well

 

I am in court with Nat West on 22/02 over laon interest - hang fire until then if you can so we know what to expect and how to word claim form. I am claiming hte proprtion of interest that relates to charges. It would help if you could put details of her debts to NW here and how much the charges are. Also if you could give some amounts on laon - it wil lbe on her statements the amount that was paid in and how much they are taking per month - we just need to work out how long it was supposed to be for.

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Consumer Health Forums - where you can discuss any health or relationship matters.

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ok gIZMO THANKS.

 

would help if you could put details of her debts to NW here and how much the charges are

Do you mean the charges on current account from RBS?

And overdrafts on each account - amounts outstanding - and then how much you are reclaiming on each account.

Consumer Health Forums - where you can discuss any health or relationship matters.

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