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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.
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urbantiger v Abbey


urbantiger
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Hi

 

I recently requested a CCA from Link Finance regarding an Abbey Loan. The request was initially made on 10th February 2009 and follow up letter was sent on 16th March 2009.

 

I received a letter back from Link Finance saying the account had been put on hold for the time being.

 

Last week I started receiving calls again from Link Finance, I didn't answer, they requested I call them, which I didn't. This week I received a copy of what appears to be the CCA, it is an extremely bad copy of what looks like itself to be a copy.

 

I was wondering if anyone has any advice on what to do next?

 

I have attached a copy of the CCA returned, can someone tell me if it is enforcable, especially considering the time it has taken to produce it and the legibility of the document.

 

Any advice would be greatfully appreciated.

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Its a bad copy but seems to have all the prescribed terms on it although not sure if all the figures add up or not someone else will have more knowledge as to what is correct but did notice that you have left some info like account numbers on the top might be best to go and edit these out.

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as mad has said seems to be ok as the prescibed terms are there albeit it a bad copy but the PT's can be read

 

Ida x

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Thanks for your replies.

 

Presume the dates are down to Abbey signing before forwarding to me for a signature. I don't know if that is the correct / normal way of doing it?

 

So presume I need to write them a letter making an offer of monthly payments or something along those lines now??

 

Does it make any difference that they didn't come up with CCA for 5 months?

 

Thanks again for all your help.

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I dont think it is as anytime I've had a credit agreement the bank has always signed after i've or my better half has signed the agreement, perhaps a higher knowledgeable person can come through on this? if it was signed on the 25th?can you definately confirm this tiger?

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Thanks for your replies.

 

Presume the dates are down to Abbey signing before forwarding to me for a signature. I don't know if that is the correct / normal way of doing it?

 

Yes its alright for them to sign first

 

So presume I need to write them a letter making an offer of monthly payments or something along those lines now??

 

You need to look into it more - is the apr correct etc

 

Does it make any difference that they didn't come up with CCA for 5 months?

 

Not now they have sent it

 

Thanks again for all your help.

 

I have added some notes but it is a poor copy and you need to wait for more advice to come along.

 

In particular there is Payment Protection Insurance on the agreement. Was it right for you? Did you qualify for it and would you have been eligible to claim on it if needed? Did you think that you had to accept it to get the loan accepted? Was it explained to you properly Etc Etc. The point is was it mis-sold?

 

If it was, you can claim the money back you have already paid on the PPI and get the total charged for it deducted from the loan which will reduce the balance owing.

 

Well that should start you off, look around the site you will get lots more ideas.

 

Pedross

Edited by pedross
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Hi

 

Was definitely signed on the 25th, but seems from Pedross that is OK.

 

PPI was as usual pushed as part of the loan and at the time it felt to difficult to say "no I don't want it". I am Self-Employed and feel that PPI's always have a get out clause but they are usually insisted on by the lender. I will have a look around the forum and to see how I deal with the PPI issue as this loan has already been sold to a collections agency.

 

Thanks again for all your advice.

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Hi tiger

 

It looks like you will probably have a claim for PPI mis-selling if you look on the forum you will find advice on how to deal with it.

 

You need someone to look at the loan agreement for enforceabilty as well.

 

I suggest you change the name of your thread and you may get more advice. e.g. is this Abbey loan with PPI enforceable? or something like.

 

Pedross

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  • 2 weeks later...

Hi

 

I sent a CCA request to Link finance who have purchased an Abbey loan in my name. After 5 months they sent through a bad copy of what appears to be the CCA. It is attached.

 

It includes PPI which was mis-sold as it was pushed with the loan.

 

Can anyone tell me if this CCA is enforcable and also how I go about disputing and removing the PPI from the loan as it is obviously no longer with the original creditor.

 

Any help would be greatly appreciated.

Abbey CCA LinkFinancial.pdf

Edited by urbantiger
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  • 1 month later...
  • 3 years later...

Hi

 

I wonder if anyone can help me with some answers?

 

I just received a Formal Demand letter from BCW for an *alleged* Abbey National loan which I believe is statute barred.

 

Until end of April the debt has been with Link Financial whom purchased the debt back in Feb 2007.

 

No payment or acknowledgement of the debt has been made to Link financial in that time. At one point in 2010 a CCA request was filed which they did provide however I ignored it and they did not follow it up. The requests for CCA's where not singed only printed and I don't believe they could be used as acknowledgement of the debt.

 

The debt fell off my credit report at the end of February 2013 and 1 week prior to that I had a letter from Link stating the files would be passed on to BCW if I didn't contact them in 7 days.

 

Obviously they did pass it on to BCW as within the first week of March 2013 I received a text message and the following letter from BCW.

 

My questions are, could the production of the CCA by Link be used to reset the clock in 2010 even though I didn't respond to it?

 

Do I just ignore this letter from BCW and wait for further communication from them as I believe this is just an initial letter or do I write back with the Statute Barred letter now?

 

Worth noting are,

The debt has dropped of my credit file.

I lived in England when the debt was taken out but have lived in Scotland for nearly 6 years now.

No payment has been made by me towards the debt since Link has had the debt.

No letters of communication with Link have been signed.

The only monies sent to Link were a postal order for £1 CCA request fee.

 

From everything I've read here I believe the debt should be Statute Barred but just wanted to check with the experienced minds that frequent this forum.

 

Letter from BCW

------------------

 

Dr Mr .......

 

We have been instructed by Link Finacial Limited re: Abbey National plc to recover an overdue debt, in the sum of £15, 454.45 on their behalf.

 

Our clients have informed us that they are unaware of any legitimate reason for non-payment of their account and although they would prefer an amicable settlement, will not hesitate to commence Legal Proceedings if necessary.

 

Please call our 24 hour payment line immediately .........

 

Should there be any matter that you would like to bring to our attention or if you wish to discuss your financial circumstances in relation to the debt, please call us immediately.

 

-------------------------------------

 

I think the wording of this letter suggests they know it is Statute Barred and that also if Link "will not hesitate to commence Legal Proceedings..." then why haven't they done so in the preceding 6 years?

 

Thoughts ideas and suggestions gratefully appreciated.

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A debt becomes statute barred when no payment of acknowledgement of liability has been made for 6 years after the last payment has been made in England & Wales and 5 years in Scotland.

 

If you believe the debt is statute barred, then you should send the SB letter from the CAG library, telling them it is SB and that you will no longer be making payments toward the debt. You should establish when you made the last payment towards this account.

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice"

is issued. It does not.

 

Limitation clock starts ticking from when the

payment is due and not paid not when they send a default notice.

 

We often see that CRA entries will date 5 or 6 months ahead of when the payment was

missed.

 

People need to be sure that they aren’t being hoodwinked and that

the DCA is extending limitation so they can sue when they are not allowed to.

 

 

If you live in Scotland then I would say the 5 years applies. I will alert members of the ST who would know for sure.

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Hi, yes this is obviously statute barred, but you (the debtor) must inform the creditor of the status of the debt in writting.

 

So send the following to

The Compliance Manager

BCW.

 

Ref: use the one on their letter.

 

Sir/ Madam,

 

I refer to a letter from BCW dated xx xx xxx in which it is alleged I owe a debt for £xxxx.xx that you claim to collecting on ehalf of Link Financial, please note I do not aclnowledge any debt to BCW or its client Link Financial.

 

Having reviewed my credit history I have concluded that any such alleged debt is statute barred and I will therefore not be making any payment now or in the future.

 

I would remind BCW that should it dispute the status of the alleged debt the onus of providing unequivocal proof that the debt is not statute barred falls entirely on BCW and/or its client.

 

I suggest that BCW should now close the file on the alleged debt and return it to its client.

 

BCW WILL now cease to process all data relating to me and remove it from all records.

 

I have been made aware of the OFT Guidance 2003/2012 and the section regarding the pursuit

of statute barred debt.

 

This is my final response.

 

 

Send this by RM recorded delivery and check delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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My questions are, could the production of the CCA by Link be used to reset the clock in 2010 even though I didn't respond to it?

 

 

The £1 payment was not a 'payment in respect of a debt' as per s29(5) Limitation Act 1980 and in fact the statutory payment for your information request under the Consumer Credit Act. Therefore it cannot be considered a payment in relation to the statute of limitations.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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5 threads dating back several years on the same debt merged for history of advise.

 

i'd get a PPI reclaim going, they owe YOU!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks everyone. and dx for pulling those old threads in to this one.

 

I just found the old default figure from Abbey back in 24 Feb 2007 which is stated as £15,454.00 and in March 2013 they are chasing for £15,454.45 showing clearly no payments have been made to the account in 6 years.

 

I'll send off the Scotland Statute Barred letter along with the suggested cover letter from Brigadier and send it all Recorded Delivery.

 

Don't want to pursue PPI until I have some confirmation the debt is definitely Statute Barred and Extinguished just in case it resets the clock, maybe that's just me being nervous though.

 

Thanks again

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just you

 

go do it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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