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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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Big Ted Vs Lloyds TSB (defending case)


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Hello every one,

 

I downloaded the letter from the BBC Money Programme to request all my previous bank charges for the last 5 years (Scotland) under the Freedom of Information Act and the Data Protection Act to Lloyds TSB along with the £10 fee and received a list of the charges they have taken from me over that period. I then sent the next letter asking for these charges to be returned and received their standard letter saying all charges had been explained at the opening of the acount and they were not going to refund them.

 

So my next step was to file a small claim at Dunfermline Sheriff Court. The case is to be heard on the 17 Aprill and they had until the 10th of April to reply and state if they were going to defend the case. I phoned the court to see what their reply was, if any, to find they are defending the case!

 

In fact, attached is an extract of their reply.

 

  • Admitted.

  • Admitted the Pursuer has an account number (blank) with the Defenders. Quoad ultra denied.

  • Denied. Explained and averred the charges forming the subject matter of this action are imposed as a term under the contract between the Defenders and the Pursuer for the provision of Bank services by the Defenders. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank’s charges, currently in a leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not limited to, providing:-

· Cheques

· Bank statements

· The facility to make payments by direct debit and standing order

· Debit cards

· ATMs (cash machines)

By maintaining the account in credit, or within any limit agreed with the Bank, the customer may avoid most if not all charges. If the customer fails to ensure that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes a request for a payment to be made from the Bank’s own funds. If the Bank makes payment, or returns the payment, it provides a service as specified in the leaflet and makes a charge in accordance with the terms of the contract. On page 1 of the leaflet, the Bank explains that’s:

 

“there are normally no charges for everyday banking at Lloyds TSB when your account is in credit. When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where you go overdrawn without an agreement of where you use special services, such as copy statements, we will make a charge. This guide explains how these charges work, and when they will apply. If you want to use a service that we haven’t listed, we’ll tell you the cost of that service before you give us the go-ahead

 

The charges represent a fair and reasonable reimbursement to the Defenders for the services provided to the Pursuer.

 

4. The case of Castenda and Others v Clydebank Engineering and Shipbuilding Co Ltd (1904) 12 SLT 498 is referred to for its terms beyond which no admission is made. Quoad ultra denied.

  • The Unfair Terms and Consumer Contracts Regulations 1999 and The Office of Fair Trading Unfair Contract Terms Bulletin 21 (July to September 2002) issued in May 2003 are referred to for their terms beyond which no admission is made. Quoad ultra denied. Explained and averred the Defenders are entitled to impose the charges for services rendered to the Pursuer under the terms of the contract between the Pursuer and the Defenders. The contractual term specifying the price paid for the service provided by the Defenders to the Pursuer is not subject to an assessment of fairness in terms of Regulation 6 of the Unfair Terms and Consumer Contract Regulations 1999. The charges represent a fair and reasonable reimbursement to the Defenders of the services provided to the Pursuer.

  • Denied.

  • Denied.

I would be grateful for any advice you can give me with regard to attending court on Tuesday, as I have opted for no representation, and therefore I am rather perturbed!!!!

 

Also, can anyone please advise which case they are citing (Number 4 in bold)?

 

Big Ted

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Hi Big Ted,

 

I've PM'd you a detailed witness statement which covers all the arguments you'll need to put accross in court - particularly with regards to Lloyds 'service charge' defence.

 

Make sure you read up on it so you understand the issues, and you could also prepare some case notes based upon it.

 

Have you been ordered to provide any documents or evidence in advance of the hearing (ie your court bundle)? If so, have you complied? Have Lloyds complied?

 

It would be helpful if you could post up the wording of the order.

 

Also have a read of this thread - http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html#post553523

  • Haha 1

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Gary, First let me take a second and thank you for your help.

In answer to your question , I have not been asked to provide any evidence or papers of any kind. nor have I asked Lloyds to do so, except to provide me with a list of the charges, which they have done. I am going to study the docs. you have provided. I will let you know if I have any problems understanding anything tomorrow. Many thanks again.:D

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Hi Big Ted

 

I too have gone through Dunfermline Sheriff Court nut my date is not until 1st June, however, its my understanding as explained by the clerk that the initial hearing is a preliminary one for the judge to decide if there is no way of coming to an agreement then there will be a full hearing at a later date, I would call the clerks at the court house to verify tho.

 

Good luck and keep us posted

 

Jaybabes :)

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Hi

 

I think Jaybabes is right at the first hearing the sheriff will see if the sides can come to an agreement if not then they will look at the arguments and then according to the act of sederunt if they can't make a decision based on the evidence they have.

 

Where evidence requires to be led for the purposes of reaching a decision on the dispute, the sheriff shall-

(a) direct parties to lead evidence on the disputed issues of fact which he has noted on the summons

 

So as long as the Sheriff agrees you have a valid case they will order the banks to produce evidence of their costs which is obviously not going to happen.

 

I not sure what happens if the banks don't then provide the evidence and settle instead the Sheriff may get very annoyed that they wasted the courts time but I'm not sure what they can do.

 

My only nagging doubt is that if you both attend the first hearing and the sheriff decides the banks don't have a case to answer based on their rebutal as above in post 1. Obviously that would leave you up pooh creek without a propulsion device! and in the case of Sumamry Cause with a not too small bill to pay as well.

 

Hope I've got this right I'm more than happy to be corrected:D if I've missed anything or made a wrong assumption.

 

Cheers Maryhillgull

[sIGPIC][/sIGPIC]They don't like it up 'em Mr Mannering :-o

 

Abbey Claiming £1241.00

S.A.R - (Subject Access Request) requested - 17/02/2007

Prelim sent - 26/03/2007

LBA sent - 13/04/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE!

*** WON *** Cheque recieved 13/9/2007

 

Lloyds TSB Claiming £1335.00

S.A.R - (Subject Access Request) sent - 07/03/2007

Prelim sent - 13/04/2007

LBA sent - 03/05/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE

**WON** Cheque received 6/9/2007

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Hi All,

 

Have just downloaded the case they are citing Castenda and Others v Clydebank Engineering and Shipbuilding Co Ltd.

 

Turns out they havent even cited the correct case. The case is actually "Castaneda and Others v Clydbank Engineering and Shipbuilding Co Ltd"

 

Could I quite legitimately quote that they case they are citing in their defence does not exist or is that being petty?

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The case they have quoted does not exist - allbeit on a technicality. If they try to produce this in court it would be thrown out in the same way as if you had made a mistake in your claim.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Well, Today is the day for the first Hearing in the Sheriff court.

I will let you all know how it went as soon as I get back. I'm not sure whether to mention the fact that they are citing the wrong case in there defence at this stage or hold that back till the second hearing.

any advice before I leave???

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No court today!!!!!!!!!!! Just been to the bank and they have put £752.64 into my account quoting "Bank Claim Refund" (was only claiming £680! YAHOOOOOO!!!!!!!!!!!!!!!!!!!!!!!

 

Big Ted (aka Ann)

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Surprise! Surprise! Just shows they back down everytime! What interest did you ask for 8% Judicial?

 

Anyway BIG Congratulations :D

 

Maryhillgull

[sIGPIC][/sIGPIC]They don't like it up 'em Mr Mannering :-o

 

Abbey Claiming £1241.00

S.A.R - (Subject Access Request) requested - 17/02/2007

Prelim sent - 26/03/2007

LBA sent - 13/04/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE!

*** WON *** Cheque recieved 13/9/2007

 

Lloyds TSB Claiming £1335.00

S.A.R - (Subject Access Request) sent - 07/03/2007

Prelim sent - 13/04/2007

LBA sent - 03/05/2007

Summary Cause - 22/05/2007

Form 11 - 29/06/2007 (no defence submitted)

Extract of Payment sent 01/08/2007 ALMOST THERE

**WON** Cheque received 6/9/2007

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In reply to Maryhillgull "yes it was 8%" I think maybe thats why the odd amount £252.64

To everyone else "A realy big thanks to evryone for there help and advice sometimes late into the night" . In particular site helpers BIGMAC and GARYH who went through my paperwork with me step by step and who I could not have done without.

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Fantastic, thats great news well done!!!!!:D

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Just a quick question, having read the preamble on the site (which I didnt do before, what a dohball) I realise that I may have been penalised as I have never been offered a Switch card, I only have a card which means I have to go to the bank, or a Lloyds TSB cash machine.

 

Is there any way I can redress this, as they have paid up?

 

Big Ted (aka Ann)

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On what grounds was the card issued. Was it because you have/had a poor credit rating - is this now repaired (you'll need to check). Or is it due to your income i.e. not fixed such as self employed or short-term contract worker.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Not even sure, they wont say!!! My credit has been good since last August (anyway not that it was bad before) but that was when the charges started, dont know if it is related, or me just being paranoid! I only joined the bank in 2005 (after having been with RBOS for 25 years) (next claim here I come) so figured it was cos I was a new customer

 

Any help welcome!

 

Big Ted (aka Ann)

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I would suspect the reason might be your previous banking with RBofS. I had a similar problem and at the mo have a basic account with Nationwide, but am looking for just over £4.5K back from RBofS plus the repair of my credit rating.

I would suggest you get a copy of your credit report (think it only costs £1) from Experian or someone like that. This will let you know how credit worthy you are deemed.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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Oh just had a thought......do you do all your banking with Lloyds now. They may not have issued you with a switch card on the basis you weren't putting much money through the account.

Don't know if this helps or not.....Rory

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally 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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