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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • 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.
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Flaura V Halifax (£ + defaults)


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Jonni

 

Wanted to ask your advise on the removal of defaults. I walked away form my accounts and left them at the maximum overdrawn. i paid in what i could afford each and every month but the interest they charged me was over and above what i could afford to pay in so the debt actually grew although i was paying it back because of the interest they were charging. ? i walked away because i also had a loan and they were taking money from my current acouunt towards the loan willy nilly and theefore not leaving me no money in my current account to pay for things then they'd charge me i'd put money in they'd transfer it to my loan which wouldn't go out as they'd emptied my account to my loan and charge me etc etc ..

 

can i get the defaults removed ? :?

Flaura :p

xx

 

Halifax Bank Accounts - N1 ready to file waitng further advice and pay day !!

 

Halifax Loan - Sending LBA for £150

 

MBNA settled in full for £488.23 - whaa hoo ..:lol:

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The most important thing to consider in this scenario is the level of charges at the exact point the default was issued.

 

Look to the date of default - when and how much for?

AT THAT DATE, the charges total (including, if you can work it out, any overdraft interest that had been caused solely by those charges).

 

Once we know that, we can advise on the next step.

 

Also, if you don't mind answering on forum, did you have any other defaults around that time?

 

You did very much the same thing as me in walking away from it, it really helped me to start from scratch. Are you still paying this off? Are they still charging interest?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Account A

 

debt was £-100 from Feb 2004. defaulted me for £156.00 on 11 07 2005 total charges £106 charges £126.44 in interest to date

They gave me back 46 quid in interest in september last year still don't know why ?

current balance is £0.00 tried to close

 

Account B

 

Debt was £499.99 in Feb 2004 .. defaulted me for £570 on 27 12 2004 charges to that date were £996.28 and £23.28 in interest.

 

current balance is £352.04

 

Loan debt was £13657.00 on defaulted me on 17 Feb 2004 charges were £150.00

 

current balance is £6930.26

 

I had one other default on my MBNA card limit was £1500 defaulted me for £1575.00 on 29 10 2004 charges were £475.00 to that date

 

current balance is £356.05 when MBNA pay back the £475.00

 

I paid in each and every month since i walked away on a debt managemen plan. not charging interest any more on any of my debts light is at the end of the tunnel i am still but paying it back ...but shoul be debt free in 14 months ..!

 

Let me know what you think :)

Flaura :p

xx

 

Halifax Bank Accounts - N1 ready to file waitng further advice and pay day !!

 

Halifax Loan - Sending LBA for £150

 

MBNA settled in full for £488.23 - whaa hoo ..:lol:

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Account A - 68% of the default was in relation to charges.

 

This is quite possibly worth a challenge in court. Have you ever tried to work out the overdraft interest that was caused by charges on this account? Any more could help us to sway the balance even more in our favour. I would guess that every extra £2 or so would increase that percentage by 1 point. Don't be confused by 8% interest on those charges.

 

Account B - Definitely. Every single penny of the default is made up from charges. Have you always included text in your letters that you wanted the default removed, or not yet referred to it?

 

Loan Account - I'm afraid that this one looks likely to stand, unless they failed to notify you correctly etc, or another anomaly

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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From my (very limited to date) experience with recovering defaults, I think it is worth asking for copy of default notice. It appears most banks (or recovery agents) issue defaults like confetti and forget the correct procedure. I have just found Amex didn't with me so worth asking.

Egg Data Protection Act Statements arrived. On hold.

 

Halifax - Moneyclaim £3100

 

Amex to Remove Default - acknowledged didn't issue correct documents - default removed :) . £135 paid in full without Court

 

I'm on a roll now :rolleyes:

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Cheers Jonni

 

I'll have a scout about on Account "A" see what i can drag up .. i've always mentioned the Default part.. just in case.. kinda knew i wouldn't get away with it on the loan but thought i'd get proper advise from you before pursuing it ..

 

overdraft interest on the statements how would it show ? or should i be looking for interest they charged me in my overdraft when i went in because of a charge.. it was only a secondry account i used for most of my DD's ..did out of interest challenge the defaults at the time they issued them as i stated that i felt they had mishandled my accounts and that is why i had defaulted however i don't have copies of all the letters..

 

for want of a better expression i "lost it" after my finances went to pot and destroyed lots of paperwork.. ! wish i hadn't now..!

 

Thanks for all your help on this ..i'll let you know how i get on with the interest part.. ?

 

cheers !

Flaura :p

xx

 

Halifax Bank Accounts - N1 ready to file waitng further advice and pay day !!

 

Halifax Loan - Sending LBA for £150

 

MBNA settled in full for £488.23 - whaa hoo ..:lol:

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The overdraft interest can be tricky but if, for example, the amount of charges totalled 70% of your overdraft in any particular month, then I'm sure it is fair to assume that 70% of the overdraft interest is reclaimable and should be included.

 

Also worth bearing in mind is the total level of charges - if in any month you can show that had it not been for the previous £xxx in charges, you would not even have been overdrawn, then surely 100% of the overdraft interest is reclaimable and will count towards the magical 100% of the default figure that we are looking for.

 

Is that confusing enough?

 

Some of Vamp's spreadsheets help to show this.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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received letter from halifax offering me £95.00 ! yeah yeah yeah see you in court boys.

Flaura :p

xx

 

Halifax Bank Accounts - N1 ready to file waitng further advice and pay day !!

 

Halifax Loan - Sending LBA for £150

 

MBNA settled in full for £488.23 - whaa hoo ..:lol:

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  • 2 weeks later...

Filing claim in court tomorrow - for £1049 + Interest Charged + 8%

+ removal of two defaults as a result of the charges.

 

should have money in my pocket soon ! and hopefully a cleaner credit record. ;-)

Flaura :p

xx

 

Halifax Bank Accounts - N1 ready to file waitng further advice and pay day !!

 

Halifax Loan - Sending LBA for £150

 

MBNA settled in full for £488.23 - whaa hoo ..:lol:

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retract that one i'm skint have to wait till pay day to file it !

Flaura :p

xx

 

Halifax Bank Accounts - N1 ready to file waitng further advice and pay day !!

 

Halifax Loan - Sending LBA for £150

 

MBNA settled in full for £488.23 - whaa hoo ..:lol:

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  • 12 years later...

This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Flaura :p

xx

 

Halifax Bank Accounts - N1 ready to file waitng further advice and pay day !!

 

Halifax Loan - Sending LBA for £150

 

MBNA settled in full for £488.23 - whaa hoo ..:lol:

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