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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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      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.  

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      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.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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

      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.
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      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
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stecol v Barclays


stecol
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Ok, ive received my statements for the last 6 years from the Barclays data team although the charges were not itemised, they simply returned my £10 cheque and bunled all the statements into 2 envelopes which i received about a week apart from each other. It was easy enough for me to mark out the PAID REFERAL and UNPAIDS OUT from these though. I was waiting about 3 weeks for the first package to arrive.

 

I have now filled in the basic charges spreadsheet available from MoneySavingExpert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more and plan to post this tomorrow. I also used the template letter 2 from this site and will include that with the charges spreadsheet. I am not claiming interest at this stage.

 

Hopefully i should hear back within 14 days.

 

Thanks for the support from the consumer group, i'll keep you updated ;)

 

- stecol

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Guest littlesally

Hi Stecol,

Welcome to the site.

Have a good look around, read the FAQ's and threads so you're loaded up with information.

If you get stuck, post your question and some kind soul will come along to help.

 

Stay calm, no need to panic,

 

Sally x

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Hi Sally,

 

I have been putting this off for a while so have had a chance to read up about it and i now realise that at the end of the day the money is mine.

 

I finally got round to filling out the spreadsheet today, on a bank holiday aswell, how ironic!

 

Thanks. ;)

 

- Ste

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Ok, ive received my statements for the last 6 years from the Barclays data team although the charges were not itemised, they simply returned my £10 cheque and bunled all the statements into 2 envelopes which i received about a week apart from each other. It was easy enough for me to mark out the PAID REFERAL and UNPAIDS OUT from these though. I was waiting about 3 weeks for the first package to arrive.

 

I have now filled in the basic charges spreadsheet available from MoneySavingExpert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more and plan to post this tomorrow. I also used the template letter 2 from this site and will include that with the charges spreadsheet. I am not claiming interest at this stage.

 

Hopefully i should hear back within 14 days.

 

Hi Stecol.

 

They actually had up to 40 days, so you didn't do bad.

Before you send the charge sheet I think you would be better sending the prelim letter.this is the tried and trsted route.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

Then follow the other letters laid out in the templates library;

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

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Include the schedule of charges with your prelim letter

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

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Thanks happyolddog.

 

The letter i plan to send is as follows:

 

[iNSERT NAME, ADDRESS AND TELEPHONE NUMBER]

[iNSERT DATE]

[iNSERT NAME AND ADDRESS OF BANK]

Dear Sir or Madam,

Re. Account number: [iNSERT ACCOUNT NUMBER]

I am writing to request that you repay all the default charges that have been applied to my account. I do not believe these charges reflect the true cost to [iNSERT NAME OF BANK].

 

The charges total £[iNSERT TOTAL CHARGE]. I believe I have been unlawfully deprived of the money and therefore ask that you repay me the full amount. Please find a full schedule of the charges with this document. [iNCLUDE A LIST OF CHARGES AND BE SURE TO KEEP A COPY FOR YOURSELF]

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

[YOUR SIGNATURE]

[YOUR NAME (PRINTED)]

 

 

The letter you mentioned... (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html)

 

This also says include the charges sheet. Should i just send the letter and send the charges spreadsheet printout at a later date?

 

- stecol

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Ah right, thanks Michael, i think that answered my question. happydogs prelim letter is a lot better so i will use this and also send the schedule of all charges. Thanks.

 

- stecol

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quote

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

 

I am in the process of completing the prelim letter. I have worked out the schedule of charges PAID REFERAL & UNPAIDS OUT but does this include the overdraft interest? I am happy with the figure i am reclaiming, so i presume removing the OD interest sentence will be ok?

 

eg.

What I require

I calculate that you have taken £XXXXX.

I enclose a schedule of the charges which I am claiming with this letter

Is the OD interest the 8% apr? I thought this could only be claimed if the claim reaches the courts?

 

Thanks,

 

- stecol

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There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the general overdraft interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

If you're not claiming OD interest, then as you suggest, just delete that part.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

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OK,

 

i understand that the standard OD charges are legal but a percentage of this is calculated from the illegal charges incurred. At this stage i will leave this off.

 

- stecol

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I noticed on the spreadsheet i am using that the formula works out the 8% apr based on the 'days since offence' column, this is different for different dates evn though the charge is the same. Can anyone explain this? (I can't seem to find the website which i downloaded this from).

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That's right because the 8% is charged on each penalty from the date it was incurred until the date you file. This is different from an ordinary debt claim which is usually one figure owed from one date and so there would be just one calculation. Wiith a bank claim you may have 40 charges all from different dates so there would 40 separate calculations.

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Thanks Sally, this is the spreadsheet i am using.

 

In answer to Michael's post, my question is...

Is this formula just calculating the lawful interest or does it work out the unlawful interest charges?

I presume it is just the interest for this part as you mentioned...

 

quote:

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

 

Thanks for bearing with me on this, maths was never my best subject!

 

- stecol

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I presume it is just the interest for this part as you mentioned...

 

quote:

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

Correct. To work out the OD interest on your charges youi need to use the Advanced s/s here:

6. Interest calculation spreadsheets

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Guest littlesally

I am impressed with myself, giving the same advice as MB. I must be getting clever!

Or here too much!!

 

It's a pity the chatroom is still closed as that place can really help with any doubts and fears you have.

Also good for just unwinding and having fun.

Still hopefully it won't be long.

 

It's basically a waiting game, seeing who can out stare the other - don't be the one to look away.

Many people do at this stage and give up.

 

Make sure you stick with the winners and you will be one!

 

LOL

 

Sally x

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  • 1 month later...

Hi,

 

Just to update you on my 2007 case...

  1. 12th January - Initial letter for list of charges for last 6 years posted recorded delivery. Included £10 with this.
  2. 15th January - Received letter which explained that the breakdown of charges could not be provided but copy statements for last 6 years could be provided free of charge. My £10 cheque was also enclosed. These would arrive 'within a few weeks.'
  3. 4th February - Received copies of all my statements in 2 seperate deliveries which highlighted all 'PAID REFFERAL' and 'UNPAIDS OUT' charges.
  4. I produced the spreadsheet using the 'basic template' available from the templates library on this site.
  5. 13th April - Barclays received my print out of all charges in spreadsheet. The request was for £2300.00.
  6. 19th April - I received a reply. The letter was quite polite and apologised to me for the fact that i was unhappy about the charges. I also asked for a final decision within 8 weeks which they mentioned and endeavoured to follow up this request although there was no guarantee on this.
  7. 10th May - Received letter from Barclays offering me £1750.00. After looking at my financial situation and thinking about this, i decided that this offer was acceptable.
  8. 19th May - signed return slip and requested money.
  9. 25th May - Money was transferred into my Barclays account account listed as 'GOODWILL GESTURE' on my statement. I found this quite amusing but at the same time very happy. :)

Thanks for all the help and guidance i received from the consumer action group forum and i hope my case details will help other users who are claiming back their money.

 

- stecol

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Guest littlesally

Well done really pleased you got it.

Just goes to show what you can achieve when you put your mind to it.

Sally xxx

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