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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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BUZZ-999 Vs BARCLAYS


buzz-999
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:confused: hi i'm new here. i'm in the process of claiming £3625 from barclays.

When we started the process my wife and i decided to open a new current account with smile. we now use this for our salary, bills etc. the barclays account has become obsolete. i wrote to barclays requesting our charges back 2 weeks ago and i had a letter back saying that we would get a response by the 20th March. So far so good.

 

Here is the problem -

 

As many of you can probably sympathise we've always had charges month in and month out. We have an agreed o/d limit of -£1250 on our barclays account but it is currently -£1850 which is over our agreed limit ( mainly due to charges!!!:mad: ). as i already mentioned we are not using the account at all now. (We just had to switch so our money wasn't taken away from us every bloomin' month! )

 

So i just thought to myself when barclays cough up that will cover the overdraft and everything will be ok.

 

anyway today i get a phonecall off Barclays saying when are you going to pay the unathorised o/d. so i said - oh can i set up a payment plan? they said no you have already had 5 failed plans in the last 12 months.:o They then said when are you going to pay? well of course i made some excuse about it being a difficult time to talk as i was going out so they said they will call back.

 

Where do i stand? i've got no chance of a loan/credit card etc. etc.

 

Any advice would be greatly appreciated.:)

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Hi Buzz,

I believe that if you write to Barclays, stating that you dispute the account because of the unlawful charges they have applied, and follow the standard claim procedures as outlined in many other threads on this forum, then they can't force you into paying anything until your claim is settled by a court, should it go that far. You simply tell them that the account is 'in dispute.'

 

But I'm just a beginner myself; anyone out there who can confirm this....?

 

David.

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One thing that i would add to what oneofakind has said is don't hang around with your claim. You say you have wrote to them asking for charges back. Have you followed the procedures described on this site,, ie SAR (subject access request) to find out how much you are owed and have you used the charges spreadsheet in the template section.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

The reason i say don't hang around is that they may well try and default you on the unauthorized o/d.

 

Trucker

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thanks guys for your replys. I Got my list of charges and wrote to Barclays on the 20th February asking for £3625 ( i used the templates on moneysavingexper.com) i gave them 14 days they then wrote back saying they were looking into it and that i should expect to hear from them by the 20th March, and i am still waiting. Do you think i should just go for it now and give them the old 7 days or court routine???:cool:

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Tell them that you are starting / have started court action and that they owe you more than you owe them. But remember they will be chargeing interest at something like 27.5 % APR on your "unauthorised" overdraft. I am not that experienced on these matters but perhaps Admin / moderator can give you better advice.

 

Trucker

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buzz if i were you i would just put the phone down . i refuse to have anything to do with them on the phone because all they try and do is intimidate you , it's what they are trained to do (see daily mail article today and programme tonight on bbc 1).

i have just won back all that was owed , over £4000 , which went into the bank yesterday.

just stick to your timetable and don't back down , you will get it all back .

good luck mate.:-)

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I've been on moneyclaim site for a woolwich account i'm claiming for. i filled out all the details including the particulars of the claim section ( where i stated i am claiming interest of 8% blah blah blah )

 

my query is on the final boxes on this page. it has a box where you put the amount claimed, below this is a box stating the fee for the claim i.e £120.00. in the 1st box do i put the figure as £1995 as this is the amount i am claiming or do i put the amount as £2445 as this is the amount plus the interest which i calculated???

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Buzz

 

Just checked the faq's on mcol site, it say any claim for intrest must be included.

 

 

Q. What details should I be entering in this field?

A. This is a description of what you are claiming for and must include any claim for interest. The information provided here must be sufficient enough to enable the defendant to respond to your claim.

Q. I have entered my particulars, however an error message prevents me from going any further, how do I proceed?

 

A. There may be several reasons why your particulars are being rejected. Please check: The particulars are no more than 1080 characters or longer than 24 lines

No other punctuation apart from full stops and commas are included

No double spacing has been used

The particulars have been typed in fresh, copied and pasted material will not be accepted.

 

Q. Do I need to tick the box about reserving the right to claim interest?

A. If you wish to claim interest in you claim you will need to tick this box and then copy and paste the pop up box that appears into the particulars. You must ensure you complete the brackets in this paragraph correctly to enable you to claim interest.

Q. How do I work out the interest I am entitled to?

A. If you are claiming interest under section 69 of the county courts act 1984 you must multiply the amount you are claiming by 8% and then divide this by 365. This gives you the daily rate of interest. You must then work out how many days have passed since the date the invoice was due until the date the claim is issued. Not only must this be stated in the particulars of claim, but this figure must also be added to the amount you are claiming.

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  • 1 month later...

Hi Everyone it's been a while. i was wondering if anyone could help me.

 

i put in a claim for £2443.33 with the woolwich on moneyclaim.

 

here are my sequence of events so you are up to speed.

 

26th March - Claim isued

31st March - Served

14th April - THE 14TH DAY!! - Ackowledged giving them a further 14 days

 

well that 14 day period is up ( at midnight ) by my calculation and nothing has happened it still shows as being acknowledged on moneyclaim.

 

does this mean i can enter judgment?? :confused:

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14 day period is up ( at midnight ) by my calculation and nothing has happened

Buzz, dont get too excited, one of two things are likely to happen here.

a) Barclays file their defence late.....they are getting it down to a fine art.

b) The defence HAS been entered but MCOL havent updated the file yet.

 

Personally I would wait until about Wed, if still the same go for judgement.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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  • 2 weeks later...

Hi there everyone

 

i've got a couple of questions tonight if anyone could help.:D i'm claiming £4293.41 via the moneyclaim online from Barclays.

 

i don't use this account anymore.

 

1st one is this: The Barclays account i'm claiming for is currently -£1990 od my overdraft limit is -£1250 about 4-5 weeks ago the bank were calling everyday ( i never once answered the phone) asking me to make arrangements to pay blah blah blah. then they wanted me to cut up card and cheque book and send them back. i obliged!

They were really p***ing me off so after seeking advice on this site i wrote to them saying that they couldn't pass my details to credit reference etc quoting banking code because 'i was in dispute' they then wrote back saying we have made a note of your comments and that barclays would be writing to you to make an offer which i should strongly consider!:rolleyes: and they would not contact me for 4 weeks whilst i consider the offer. Well the offer came ......... £2200 i just said no thanks a went ahead with the mcol. The 4 weeks is up and the phone is going like the clappers. and one letter also saying that if i don't make arrangements they may pass my details on to credit ref agencies.

 

the mcol has reached the stage where they have defended the claim and i am awaiting a court date.

 

What do i do should i just send a similar letter to the one i sent before but this time quote my claim number so they know that as soon as it is sorted the overdraft will be paid off or not?? :confused:

 

my other question is this how long do i wait for a court date, and will this date be soon i.e 1-2 months or a bit further away??:confused:

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1. You need to answer the call, the could have grounds that they attempted contact to discuss settlement to which you never responded. Always be seen to appear very approachable.

When you do take the call, remain calm, YOU are in the driving seat. First take the guys name, even if you catch it first time, tell him to repeat it twice, just to make him feel uneasy.

Make a note of the time and date, if possible record the conversation.

Tell him you are recording the conversation [even if you ar not], that way he wont try and fob you off with rubbish.

Write down everything he tells you, even if you have to keep telling him to repeat it, its their call not yours, keep him on there as long as YOU want.

If he tries to settle with an amount that you are not happy with simply tell him you will leave it up to the judge to decide. [have your updated figure with you]

If he is calling about the overdraft, tell him the account is still in dispute and will remain so until the matter is settled, at which point you will be happy to enter negotiations for the outstanding amount. and any action taken before this will be seen as an act of retaliation.

A good idea is to write down any headers you think that might come up in the conversation, so you can direct the conversation to where you want it to go or you can be ready with your answers to HIS questions.

 

2. Your court date, i would estimate would be end of Aug, beg of Sept now.

 

hope this has helped a little.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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  • 3 weeks later...

Hi ther guys

 

I Have a query but before i get to the query i will give you a quick update.

 

( i am at work so these figures are approx as i don't have figures with me )

 

Claiming: Woolwich £2300

Claiming: Barclays £4700

 

i had a court date of 18th July sent to me 7 days ago for my woolwich. i rang krysta and she told me to phone back on tuesday. She did say that she would discuss settlement then. so that sounds good.:)

 

Then i got this letter yesterday from plymouth county court ( my local ) yesterday re the barclays account:

 

 

TAKE NOTICE that this case has been listed for a DIRECTIONS HEARING which will take place on the 2nd July 2007 at 10:30am

at Plymouth County court..blah blah

 

when you should attend.

 

15 minutes has been allowed for the directions hearing

 

Please note: this case may be released to another judge possibly at a different court.

 

WHAT IS A DIRECTIONS HEARING???????:confused: :confused:

 

 

 

WHAT IS HAPPENING?:confused:

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Thanks Dar£n

i've read that info. one thing that is says in the article is that there should be a reason at the top of the letter giving a reason for the directions hearing. i don't have any reason on my letter. any thoughts???:-|

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