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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 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.  
    • 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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    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Phonesurgeon VS First Direct


Phonesurgeon
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So here it goes...Sent my S.A.R.(subject access request) this morning recorded delivery(of course) with a £10 postal order(i don't have a cheque book) and, although i am claiming money that the bank ripped me out of, i can't hide the fact that i was very nervous.

Infact when i was filling in the details for recorded delivery, my heart was pounding in my throath and my hand was shaking uncontrollably, so much so that the nice lady at my local post office did that for me.

Anyway the news has sank in now and i feel confident. i have all the letters and the step by step....

At the same time my wife did the same with capital one card, but thats another story.....

will keep you posted

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Guest ian cognito

Well done, it is a bit daunting at first but plenty of reading will soon boost your confidence.

 

I found them quite good with statements, came in about 2 weeks so you'll soon be totting up and sending off your prelim.

 

Good luck

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Received a letter from First Direct stating that they will oblige with my request and they will send all the statement and note via courier FREE OF CHARGE. They returned my postal order and stated that should i need more info/help gladly get in touch with them.

Of course i will be in touch with them when i total up all the charges.

Watch this space i will keep you posted.

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  • 2 weeks later...

Hiya guys something strange has just happened and need your input on this one.

My FD account has been closed and i ve been dealing with DG Solicitors( i think they are the solicitors for hsbc) and through the Citizen Advice Beaureau debt management we agreed a token payment of £1 per month.

On the 12th february sent my S.A.R. to FD and today i received a letter from DG Solicitor sayin that the repaiment agreed on 16/11/06 has now expired and we require an increase in your payment.

Well I am heavily in debt and thats what i can afford. What should i do?

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Guest ian cognito

I take it you haven't received your statements yet? Have you any idea how the amount of charges compares with the outstanding balance?

 

I would write to DG and tell them there is a dispute on the account and you will contact them further when it is resolved, refer them back to FD, in the meantime, continue paying as agreed.

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no i heven't received the statement yet and i owe them about £1450 more or less. In todays letter after making 2 payment totalling £6.00 the outstanding balance has been reduced at just under£1200. Strange.

ON a rough calculation thecharges applied to this specific account would amount at more or less £600+.

So what course of action should i take? I will continue paying the agreed token payment.

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Guest ian cognito

Until you have settled the charges issue, i would tell them the account is in dispute, this will give you some time to decide what is the best way to deal with the debt, paying the charges off it will reduce it by half and you should be in a good position to negotiate repayment rates, you may be surprised when you get your statements at just how much you've paid in charges - many people are!

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Hiya everyone i ve just received the statement today.

Total debt to FD is £1289 and when i totted up all the charges totalled at a staggering £1278 :mad: and the nice guys at DG Solicitors are now hounding me.:D

I am at the stage to fill the spreadsheet. do i take them for the interest they added on the charges?:confused:

By the way i have found out i have 2 overdraft fee at £30 each and 2 excess overdraft fee of £119 in a single month.:-o

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Phone, be calm.

We owe them over £4000, and I've filed an MCOL. They owe me more than I owe them now. Worse thing that can happen is that you end up owing them less than when you started when you win. Thing it through logically. They can hound you all they want, but even if they take you to court, the judge will only order you to pay what you can reasonably afford to, and if you have been already doing that, then tough nuts DG!

 

Good luck mate

 

Dub

[sIGPIC][/sIGPIC]

 

First Direct - S.A.R - (Subject Access Request) sent 29/12/06

Statements recieved 15/1/07 - >£3000 owed

Prelim sent 16.01.07

Partial offer received 01.02.2007

LBA and letter rejecting paltry offer sent 02.02.2007

MCOL filed mid Feb 07

AQ 26th March

 

 

BoS - S.A.R - (Subject Access Request) sent 29/12/06

Statements received 1.02.2007 - Prelim sent 02.02.2007

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Sent prelim letter on 01/03 recorded of course.

Received a standard reply today 07/03 saying it'll take them 10 days to investigate... errr no! on the 15/03 i will be sending the LBA.

Time is running out FD, i am not interested in your very nice and colorfull leaflets....

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  • 2 weeks later...

23_33_10.gif: Yes can i have my money back please?

 

well thanks harvest

i am not prepared to accept any less than the whole kit and caboodle. thry were keen in taking it an now i am keen in having it back.

 

 

 

 

 

 

 

 

 

 

sig.jsp?pc=ZSzeb098&pp=ZNxmk571YYGB

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FD received my LBA yesterday and if by magic today i ve received an offer of £1008 in full and final settlement over a claim of 1289.74.

Should i or shouldn't i accept it?

i am inclined in going full speed ahead and after the end of the month i will file at court.Any suggestion?

1035.gif Maybe one of this might came handy

 

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sig.jsp?pc=ZSzeb095&pp=ZNxmk571YYGB

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Bigmac thanks but to be honest i didn't think of that!

I am actually claiming contractual interest from FD and i didn't think to claim the judicial one as well as.

I don't want to show myself a little too greedy, you know what i mean?

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Phonesurgeon

 

I could be wrong but I don't think you can claim both Contractual Interest AND Judicial (Statutory) Interest on top.

 

I think it must be one or the other. Look at Madzai & Lucid's thread in the Lloyds TSB Forum or do a search on their names - this came up in their thread.

 

As I understand it, interest is NOT automatic and if a case ever did get as far as court (with the banks in attendance) it would be up to the judge to award interest and even if you had applied for contractual interest he/she may say they will only award judicial interest.

 

However, this is only my understanding so double check this. I know where people have applied contractual interest to their claim and received it - the reason has been they were very close to their hearing and the banks paid out the contractual rate to avoid disclosing other info (charges basis) in court, not because they believe claims should include contractual interest.

 

Happy hunting.

Claim against First Direct - WON - 29th March 2007

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