Jump to content


  • Tweets

  • Posts

    • 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.    
    • 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)  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

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

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Mazamarie vs Abbey


mazamarie
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6192 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

Thanks spoonerlee, lula & charley...

this is my letter I would like to send in response to the letter I received today - any suggestions or changes you think I should make please let me know... Maz

Response to Gesture of Goodwill.

 

Dear Gerry Kane

 

Thank you for your letter dated 20th March 2007.

My total claim amount was £779.00 in charges this is now reduced to £729.00 a reduction of £50.00 in reflection of the gesture of goodwill payment which was credited to my account in the form of two separate payments of £20.00 and £30.00 in miscellaneous charges.

I have revised my schedule of charges and a copy is enclosed with this letter which I am also sending via first class recorded/signed for delivery.

My Letter Before Action was sent via first class recorded delivery on Tuesday 13th March 2004 in which I gave your organisation 14 days to respond with a full settlement of my claim. You now have until Tuesday 27th March to respond with repayment of my claim in full.

If I do not receive full settlement by Tuesday 27th I will have no alternative but to issue a claim via the county courts small claims procedure. The Court will allow me to reclaim interest at a statutory rate of 8% from the date each charge was incurred plus court fees and also I could charge for my time in preparation of my claim.

I fail to understand how your organisation or any banks can expect to continue getting away with the unlawful practice of applying excessive penalty charges to their customers accounts, and I will be very pleased when this practice is ruled out by law.

I trust this clarifies my position.

 

Yours faithfully

 

Link to post
Share on other sites

  • Replies 92
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi all!

I updated and reworded slightly my letter above and have sent it via first class recorded delivery today....

Had no response to letter above so I hope that everyone will think it is ok!

maz - - revised letter below

Response to Gesture of Goodwill.

 

Dear Gerry Kane

 

Thank you for your letter dated 20th March 2007.

My total claim amount was £779.00 in charges this is now reduced to £729.00 a reduction of £50.00 in reflection of the gesture of goodwill payment which was credited to my account in the form of two separate payments of £20.00 and £30.00 on 21st March 2007 as miscellaneous fee refunds.

I have revised my schedule of charges and copy is enclosed with this letter.

My Letter Before Action was sent via first class recorded delivery on Tuesday 13th March 2004 in which I gave your organisation 14 days to respond with a full settlement of my claim. You now have until Tuesday 27th March to respond with repayment of my claim in full.

If I do not receive full settlement by Tuesday 27th I will have no alternative but to issue a claim with the County Court.

I will point out for your benefit that I am fully aware of my rights. The Courts do allow individuals to claim back bank penalty charges in full and any interest charged as a result of charges taking them over their credit limit. Also if a claim is taken to court Statutory Interest at the rate of 8% from the date each charge was incurred plus court fees and up to £9.26 per hour for time taken in preparation the claim are also claimable.

I trust this clarifies my position.

 

Yours faithfully

 

Link to post
Share on other sites

:( I have posted a letter which I have fully printed out and signed - its on my thread Mazamarie vs Abbey...

 

Please could some of you very experienced and helpfull people give it a look over and let me know Should I post today as it is or would you recommend some changes?

 

Also Im currently £450 overdrawn with a £700 overdraft limit - should I be getting this overdraft paid off sharpish?

 

Any help greatfully received!!

 

Maz

Link to post
Share on other sites

Guest louis wu

It looks ok, but I am unsure if you should include the 'costs' of £9.25. As your claim is in the small claims court, you are not automatically awarded costs (as you would not be liable for abbeys costs if they contested).

 

Apart from that, it looks fine.

 

Louis

Link to post
Share on other sites

Hi all - I'm still waiting for a bit of help!

 

I Have the letter here! with the registered post stickers etc - I am waiting to post it because I want to make sure that I am not saying anything wrong in my letter..

 

I have been pretty daring in what I have said and I am now unsure of myself...

 

I hope someone replies to my thread http://www.consumeractiongroup.co.uk/forum/abbey-bank/76038-mazamarie-abbey.html today/tommorow before 11:00 am otherwise it will be in the post and it will be too late..

 

Pllleeeeese ;) Help

 

maz

Link to post
Share on other sites

why have you started another thread?. the last paragraph i personally wouldnt put. dont make it complicated, just send the tried and trusted rejection letter off. thousands before you have been using this. :rolleyes:

Link to post
Share on other sites

Hi again - - think I'm talking to myself here

 

Now I have sent letter but ommitted the last sentence

 

Also if a claim is taken to court Statutory Interest at the rate of 8% from the date each charge was incurred plus court fees and up to £9.26 per hour for time taken in preparation the claim are also claimable.

 

Now I feel much better about the letter, not that it will make any difference but at least I said it...

 

I'm getting nervous now --- got to get my N1 sorted by Tuesday 27th.

 

The template looks really good but I'm a bit confused? do I need to go to court and pick up the N1 form itself or can I find it online i.e. HM Courts website?

 

maz

Link to post
Share on other sites

I have merged 4 threads into one.

 

Please keep all questions in this thread. If noone answers and the thread falls down the front page of the forum then post 'bump' into it and it will return to the top of the page.

 

Keeping all posts in one thread helps us to keep track of your case and helps you as you won't need to keep repeating the same questions.

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

Link to post
Share on other sites

Hi there, the letter is OK. The 8% applies at the stage where you take your claim to court after the 14days in LBA run out. As to payment of costs, as said before this is not automatically awarded. it would be at the discretion of the court and would be on the basis that Abbey have acted unreasonable by allowing the case to go so far when your claim is the same as thousands and that Abbey has been able to settle other cases with costs aso your claim would not be any different.

 

You can claim costs and time spent at a much later stage after AQ and a court hearing date has been given along with directions from the judged. You claim for the time spent doing a court bundle. As i've read somewhere, Abbey (inga) has admitted that the average court bundle takes around 20hrs.

 

Hope this helps

Link to post
Share on other sites

Help please - you lovely people!!!

 

I'm now filling out my PDF N1 to take to court tommorow as today Tuesday 27th is my deadline for reply to LBA:-

 

When I fill out the bit at the bottom of the 1st page of the PDF N1 form????

 

In the blue bit where there are the boxes for amounts should I put the amount of the claim including statutory interest at 8% and add court fees to give a total amount to date at the bottom??? or should I just put the charges not including statutory interest???

 

I think I should include the statutory interest 8% in the Amount Claimed..... Just double checking...

 

As I said I'm actually filling the form in right now as I write so a quick answer will be really helpful

 

Iv'e swapped days at work especially to do this....and I'm a bit unnerved..

 

Is there a checklist to ensure that I send everything I need with the 3 x copies of N1?

 

maz

Link to post
Share on other sites

Bump

 

from particulars of claim N1:

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £729.00 and any interest charged thereon;

 

I take it this means the basic amount without any interest added....

 

thats why I'm confused about filling in the bit at the bottom of the N1...please TAKE A LOOK at my previous thread...

 

Im really quite nervous now :eek: - filling in the N1 and I won't submit it until I know I've done everything right...

 

maz

Link to post
Share on other sites

"bump"

 

Hellooo!

 

bump, bump, bump

 

Anyone out there?

 

bumpety bump

 

Help I've fallen down a hole!

 

Everyone seems to be ignoring me :( and my "daft?" question/s...

 

I just want to make sure I've filled my N1 in right thats all - then I can take it to court tommorow!

 

Please look at last couple of posts on my thread

 

maz

Link to post
Share on other sites

Thanks Karnevil

 

Your da man - wow I did it right!

 

Just one more question - in the spreadsheet including interest at 8% which I'll sending with the N1 (in triplicate)

 

How do I deduct refunds...

 

wont refunds affect the interest for the charges they should be applied to... (Ive not applied them to specific carges and just gave the date and description of what they were for as given on the statements.

 

I have put the refunds at the bottom of the list as -(minus amounts) before the amounts are added up but removed the interest calculation... how does that sound?

 

Sorry to be a pain but just don't want to get anything wrong when submitting to court...

 

maz

Link to post
Share on other sites

A1 - Tripple Star advice as usual Karnevil!

 

Just off back into my spreadsheet to undo the damage, then all should be well for tommorow when I submit to court!

 

I'm nervous and excited now!

 

maz

Link to post
Share on other sites

Hi all,

 

Thanks for all the best wishes, Burnley County Court now have my 3 x copies of the N1 and schedule of charges I have receipt for £80.00 court fees and off we go...that felt so good!

 

Big up to leecabs, kidneybeaner, knellyk, fendy and everyone else who's on the

 

I even told the courts clerk what I thought about the banks and their charges and she was in full agreement and said that the courts were getting a high volume of claims for penalty charges!

 

So a waiting game and then . .

 

From what I gather - this is whats happening next - - -

 

Abbey now have 28 days to respond with a defence or settle, or they loose by default - - - If they respond with a defence the case will then proceed to Allocation? Then the court send me an allocation questionnaire to fill in? and I will need to prepare the court bundle (all letters, statements etc)...

 

If Abbey contact the court at the last minute they can have another 28 days to prepare their defence? Is that right?

 

When Abbey write to me regarding their defense I can then contact them offering to take settlement in full out of court (including court fee?)?

 

I'm off to do a bit more reading up just so I can feel a little more confident as to how it goes from here....

 

Maz

Link to post
Share on other sites

No abbey will have 14 days from date papers(n1) deemed served which will prob be friday to state if they wish to defend or not

 

if they defend they then have 28 days from date the N1 was deemed servered

 

if they do not respond with in the 14 days you Supposedly win by default and can apply for judgement

 

it will be come clearer when you get copy from court saying your n1 is deemed servered

 

the info in regards defense or claim for judgement is on it

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

Link to post
Share on other sites

OOOOH Newbody - Thats Friday the 13th April :eek:!!! - lol

 

I'll bump and let you guys know when they let me know re defending the claim...

 

I dont understand why they bother defending at all when in the end they give in before court what a waste of their time and resources - wonder how much they pay their legal team....?

 

When I think of what they did to us fining me £350 in one week just before Christmas 2005 - I still get really angry I will think about that any time I feel nervous or worried re whats to come..

 

Maz

Link to post
Share on other sites

That's exactly why alot of us are doing this Maz, coz it's made us really angry...... I recall the exact same thing happening around Christmas time - being really hard up for cash and then getting about £300 in bank charges as an extra Chrissy Prezzie.

 

Now is the time to wreak our revenge!

 

Good luck dooder!

 

:cool:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...