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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.

      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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NinjaWiz vs Alliance & Leciester


NinjaWiz
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Need to find out how much i can claim back first before i do/send anything? (is this correct)

 

but where do i send the letter to?.. My local branch or head office? anyone got the head office address

 

also who do i address it for the attention off?

 

Sorry for the simple question, ive read all the FAQ's etc but couldnt find it

 

Thanks

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Hi,

 

It really does take a few days to get your head around all the arguments and all the information.

 

You will be setting a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'first steps.' Start this, be clear on what your first step is (requesting the info from the bank so that you can calculate what they owe you). This has been discussed in many threads, but the general consensus is that you start with your local branch, recorded delivery and include the £10 fee.

 

Whilst waiting for the info, read up on your next step. If you make sure you stick to your own thread in the relevant area (eg [username] claim against [bank]), and use this as a sort of diary which you can update as things progress. It will also enable you to check responses to your questions, and people will be able to find your thread a lot easier.

 

Good luck.

 

You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Hey all

 

Great forum here!

 

have sent my Data Request letter off today to the Customer Services Centre in Bootle & included a Postal Order for £10

 

Will wait to hear from them now :) gonna be a long 40 days

 

Just 1 question, when i get all the statements back and calculate what im owed which letter do I send as there are 2 in the Libary

 

Letter before action - Consumer version -asking for it back

or

Letter - Preliminary approach for repayment.

 

Thanks for all the help here

 

Ninja

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Hmm just realised i didnt send my Postal Order and DPA Request by Recorded Delivery :( bugger! so dont know if they got it or not, suppose they could just deny knowledge of receiving it

 

Other people that have had all there statements back, how long have you had to wait for them to aknowlege reciept of your DPA Request? As if they send me a letter saying they are looking into it etc then I know they have got it,

 

Otherwise i will have to send another one with another £10, recorded delivery, just wanna know how long i should wait before sending another lot if i havnt heard back from them

 

Ninja

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Hello, i received my DPA info in about 3 weeks, but i did send via Royal Mail Special Delivery.

Might be worth a phone call to whom you sent your DPA to see if they have received, if not and most likely not, resend with £10 admin(reclaimable) via royal mail SD.

Regards PA G

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If you have the postal order stubs I think it tells you how to check if they have been cashed/banked.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Welcome to the Forum Ninjawiz,

 

Keep us posted on this thread as each stage develops, it helps everyone see how your case is developing, and will also help other people who start their claim after you.

 

Best of Luck with your case.

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Does anyone know the number of the Customer Services Centre in Bootle? Thats where i send my DPA Request and i want to know if they recieved it.

 

EDIT: Cancel that, just run the normal customer services number (08459 262626) and asked if they could comfirm the receipt of the letter (i explained it was for a copy of my statements and was available under the DPA and i had enclosed £10 Postal order wih it), the lady said she couldnt see anything on the account, put me on hold for quite a few minutes and said they still didnt seem to of received the letter but they can do it for me anyway and take the £10 out of my account (im made sure it was only £10 and not £5 per statement that they usually do!) I asked for them to comfirm that in writing to me (that they would be taking £10 and sending me statements for the last 6 years) and she said that is fine she will get it out as soon as possible,

 

She did apolagise about putting me on hold for so long and Explained that she thought it was a new service they were doing and so she didnt really realise about it.

 

Well i await the letter comfirming that they will be sending me the statements, only cost me another £10 so not bad, should of sent the letter recorded in the first place!

Regards

 

NinjaWiz

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BITC - Alliance and Leicester and BNENC

Leicester Bridle Road Bootle Liverpool GR1 0AA Tel: 0151 966 4304 Deborah Woods, main Cares contact Alliance and Leicester Bridle Road Bootle...

 

hope this helps

 

:)

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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Alliance & Leicester Head Office Switchboard 0116 200444 or01162011000

ask for dept. required

 

General enquiries

01132541566 Fax 01132856098

 

Use 141 to block caller I.D.

Hope this helps

 

ken parton

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Well Today i Received a DPA form From Alliance & Leicester!

 

Looks like their own version of the one in the libary, So i am filling it out with all my details, and returning it to them with another £10! so hopefully they will provide details from this one,

 

And i will send it recorded delivery!!

 

Another 40 Days to wait!

 

NinjaWiz

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  • 3 weeks later...

Hey all

 

I now have all my statments! totaled up all the charges to a nice £2178

 

So now do i put them all into the spreadsheet in the library or just make my own one up with dates and the charge etc.?

 

Then send that along with the Letter-Premiary Approach for replayment letter? it says in that letter about the overdraft interest? do i want to be adding all that up in this stage? im not too worried about the overdraft interest (as im not sure what it is!) £2178 will do, lol

 

Any help would be apreciated

 

Regards

 

Ninja

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how many pages long were the forms you had to fill in from a+l i called them yesterday they said they will send me a pack out and debit my account with the £10 so i dnt know whether to wait for that or get my own dpa sent recorded

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It's not a long form, and even if you send a DPA letter, they still seem to send the form, so I would just give it a couple of days to arrive and save yourself the effort.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I got my Data back within 3 weeks

 

Right i am just setting up the spreadsheet with all my charges,

 

can someone just comfirm that i can claim for all of these charges..

 

Failed Direct Debit

Paid Item Charge (sometimes they pay a DD for me but then charge me £25)

Unauthorised Overdraft Charge (bout £25 per day!)

Monthly Overdraft charge (awalys £5 but then usually followed on by an Unauthorised Overdraft Charge))

 

Thanks

 

NinjaWiz

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Not 100% sure about the monthly overdraft charge. Is this a genuine service charge? The rest are ok including the unauthorised overdraft charge.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thats what i was thinking, but it seems they changed it round a few years ago..

 

at the start of my 6 years (up until about 2004) i just had one type of Charge

"Monthly Overdraft Charge - £25"

 

but then after 2004 I have these charges...

"Monthly Over Draft Charge - £5"

and then...

Unauthorised Overdraft - Day 2 £25

Unauthorised Overdraft - Day 5 £25

 

So just put them all in and call them all overdraft charges on my schedule of charges i am sending to them with my letter asking for it back?

 

as if i dont inlcude the £5 ones then i may not be able to include all the £25 overdraft charges prior to 2004 as they are all called the same thing? (there is only about £100 worth of £5 charges so im not fussed if i dont include those ones)

 

Your thoughts?

 

Thanks again

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Right after doing a bit of searching on the forum i find that i cannot Claim the £5 charges back for monthly overdraft charge, but i can claim the Unauthorised overdraft charges of £25

 

but my question is that before 2004 I didnt get any "Authorised Overdraft Charges of £25)

 

they were all called "Monthly Overdraft charge" but charged at £25

 

Can i claim these back? surely they wernt charging me £25 a month to have an overdraft, seems expensive.

 

As almost half of my total is made up of these "Monthly Overdraft charges" of £25 (before 2004) - i didnt get them every month

 

Thanks

 

Ninja

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If it wasn't every month, then it sound like it was a penalty. Do they occur either in the month, or month after you went over your OD limit. If they do then claim them.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hmm looking back it looks like it was nearly every month (but i prob went over my overdraft every month! lol)

 

They all total up to about £600 so im not sure what to do

 

It looks to me as if it was just a charge for using my overdraft (i was unaware there was a £25 charge if i used my OD in a month!) and then in 2004 they put it down to £5 and intruduced the Unauthorised charges of £25 per every couple of days of being over my overdraft.

 

So doesnt look like i can claim them all,

 

Still £1700 is better than nothing, lol

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How about phoning them up and asking what it was for? Don't get into a discussion about whether it was lawful or not, just say you aren't clear what it covers.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Decided not to claim for the "Monthly Overdraft Charges" as it looks like they are proper charges (although used to be £25 a month which is very high!!)

 

And sent my Preliminary Approach for Repayment Yesterday (26th June) for £1600

 

I shall now wait 14 days before sending the LBA

 

Regards

 

Ninja

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Hi There, I've just looked on the back of my statements for my A&L current account and up until 1.12.02 they didn't charge anything for using an authorised overdraft but from the 2.12.02 they started charging £5.00 for using your authorised overdraft (service charge) and £25.00 for going over the authorised overdraft so it seems to me that this is a penalty not a service charge so you are therefore entitled to ask for it back. Hope this helps, Lesley

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I think you will find the 5.00 is considered unclaimable.

Its the 25.00 thats a penalty !

 

:)

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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