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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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    • 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. 
       

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.
      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
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GOT A COURT DATE? Important, please read......


GaryH
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Potterlogo

 

Firstly, remove your case number from your last post, it may enable you to be identified.

 

So you've applied for a strikeout, presumably on the merits of their defence?

 

Here's the lnk for anyone interested:

 

CPR - Parts and Practice Directions

 

And it looks like the judge has agreed it has merit, but given SCM some leeway to correct it.

 

I suggest you contact the court next week and get their advise on whether they have complied, and if not, what happens next.

 

 

Best regards

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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For directions non-compliance, yes?

 

Oxford County Court by any chance?

 

Don't worry about the set-aside varied or stayed bit, thats the standard clause on all orders made of the courts own motion. This is excellent news! Just wait. When the 7 days are up call the court and I'll give you another letter. The defence will then be struck out and you win!!

 

Oh, PM - I got your PM, thanks. Very interesting. Someone will contact you this weekend.

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 Guys/Girls/Ladies,

 

I need a couple of pointers if you could help please.

 

The court dispensed with AQs and directed both parties to submit documents on which they intend to rely to court and the other party by 18 May 2007. My Bundle was submitted to court and bank on 18 May, but have received nothing from the bank. The trial isn't until August.

 

I didn't put the witness statement in with the bank's stuff but the court office said it's OK as long as I send them a copy now. I've drafted a big nudge letter asking for all my charges plus interest to date and have printed a new schedule.

 

I just don't know if it's the right time to ask or whether, because the bank don't seem to have complied, I should wait to hear from the court .

 

Thanks and regards,

John.

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im in same postion as you johnsworld more or less

my bundle had to be with bank and court by today and same of the bank tho ive not recieved theirs

i will be contacting the court tommorrow morning about their non complience i can only reccomend you do the same im afraid

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danlou and jonnsworld dont worry [problem] never send a bundle in ive won three cases now and [problem] have never submitted a bundle .

if lloyds dont just pay the money into your account soon wait till about aweek before the court date or deadline for submision ring [problem] and ask them fortheir bundle and i bet you a lloyds service charge (£35.00)lol that they settle there and then.

good luck your nearly there.

darren

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You don't need evidence for a preliminary hearing.

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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I have decided to add an extra bit of evidence in relation to unreasonable charges.

 

If these fees are for a service they are unreasonable etc.

 

I suggest using the Allied Irish Bank website for the Irish bank account fees and charges then the UK bank account fees and charges.

 

For returned Cheques, Direct debits or Standing orders returned unpaid the charges are below:

 

Irish branches of AIB = £4.31 (or 6.35 Euros)

Uk Branches of AIB = £25.00 (or 36.81 Euros)

 

Clearly as previously mentioned on other threads there may be some price fixing going on by UK banks.

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Looking at the advice you've given me it seems I've sent everything except my statement of evidence.....how do I go about correcting this at this stage. My pre-trial hearing is next week.

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Hi GaryH.

 

I have been reading your comments and I am dealing with HSBC and LloydsTSB at the moment. I have a letter from DG Solicitors acting for HSBC that uses the word charge 3 times. It is a stalling letter asking for information they already have yet again but it says "we require an itemised list of the date of the charge, description of the charge and value of the charge.....". Is this relevant as it doesn't mention fees at all and my understanding is that the Bank's defence is based on them levying fees for a service and not charges?

 

Regards Makalu

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Hi Makalu,

You are correct in that the banks might use different words. On my statement they were referral fees, but they are still charges on my claim. There has been some discussion about banks trying to pass off these charges as fees for a service but that's a duff defence as well. You could have alook at this thread:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/23993-legal-arguments-support-claim.html

Regards,

John.

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Hi auburngreeneyes,

I used the Lloyds' one as a basis for my own Witness Statement against Barclays. You will need to look at your bank's defence and make sure you include all the paragraphs that will counter their arguments or support your case and make sure you remove paragraphs that apply specifically to Lloyds. I also had to renumber the paragraphs because I ended up with less than the original.

Regards,

John.

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Hi there, I 've recieved a letter headed

 

"Notice Of Hearing"

 

TAKE NOTICE that the hearing will take place on......then saying they have allowed 10 minutes for the hearing. at the bootom it says

 

PLEASE NOTE; This case may be released to another Judge, possibly at a different court.

 

This letter is stamped with my local County Court mark.

 

What should I do from here? Do I need to send anything off?

 

Regards

 

BB

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Hi there, I 've recieved a letter headed

 

"Notice Of Hearing"

 

TAKE NOTICE that the hearing will take place on......then saying they have allowed 10 minutes for the hearing. at the bootom it says

 

PLEASE NOTE; This case may be released to another Judge, possibly at a different court.

 

This letter is stamped with my local County Court mark.

 

What should I do from here? Do I need to send anything off?

 

Regards

 

BB

 

Broomo

 

CONTACT SOME MODS BY PM NOW AS A MATTER OF URGENCY.

 

INFORM THEM YOU HAVE A COURT DATE !!!

 

PHOTOMAN

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Hi

Today a letter arrived from Lloyds TSB solicitors along with a letter from from Birmingham courts requesting further information for the Judge by June 7th.

“The bank will be defending these proceedings on the following grounds :

1. The fees that you are seeking are properly incorporated into your contract with the bank; and

2. By making payments (whether by cheque, debit card or by any other means) from your account where you have insufficient funds to cover them, you are making a request to the bank for an increased overdraft, which the Bank may meet or decline. If it meets your request you must pay the necessary charges. The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there is no breach of contract here.

Looking ahead, a situation which gives rise to dispute is not one the bank wishes to continue. In view of this you are requested, please, to make contact within the next 14 days with your local branch manager to review your account. A review may be useful to consider whether your current banking arrangements are the most appropriate for your needs.

We await confirmation from the bank that this action has been taken.”

With an overdraft of £5000 and bank charges of £5000+ and following advice another account has been opened.

Advice on this will be most welcome.

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....

2. By making payments (whether by cheque, debit card or by any other means) from your account where you have insufficient funds to cover them, you are making a request to the bank for an increased overdraft, which the Bank may meet or decline. If it meets your request you must pay the necessary charges. The issue of penalties only arises as a matter of law, where there has been a breach of contract, and there is no breach of contract here.

.....

 

In view of the Berwick and Rudd verdicts, the T&C would appear to be the central battleground. In my view

 

The first criterion would be your actual T&C wording re exceeding o/d limit. What do they say they will do, may do, might do?

 

The second criterion would be what the bank's actual actions, and if there was a pattern to their actions.

 

If they always bounced, then they never did you any favours, never gave you any benefit, never rendered you any service. So where is the justification for a service charge, if no service then it was a breach of contract penalty. What third alternative can it be? If the bank says they expended manager time to consider honouring your unsupported cheques but always decided against it, well no-one can lay claim to a service for just thinking about it.

 

If they always paid your unsupported cheques I believe you have a problem arguing they did you no service.

 

If it was a mixture of the two, then personally I would feel safer only to reclaim against the bouncing charges, not for the honoured cheques. The CAG lawyers could clarify, if the judge throws out reclaim of one charge, is he going to dismiss all reclaims in one job lot.

 

Lloyds does seem to be racheting up the presssure, massing their army for a showdown. My own humble opinion only, please seek other advice.

 

PS. "If it meets your request you must pay the necessary charges." -- "If the bank does NOT meet your request, then what?" Is this a freudian hint you CAN reclaim charges for bounced cheques?

 

If "you must pay the necessary charges" in both circumstances, then absolutely pointless to say "If it meets your request".

 

If they will quietly allow you to reclaim charges against the bouncings, then what exactly are they? They cannot be service fees or they will not allow your reclaim under Dunlop v Garage 1910. They cannot be breach of contract penalties, because in the bank's view expressed in the next sentence, there has never been a contract breach.

 

These internal contradictions in the defence should be drawn to the judge's attention, the defence cannot argue it both ways.

 

 

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Re Witness statement for LLoyds customers (above)

Gary - this 'one hell of an argument' thank you for all the work you've done on this. I am claiming as a business

so can I confirm that all i need do is delete para 20 & 25 which refer to Consumer acts?

Also in Foot Anstey defence they deny Unfair Contract Terms Act apply to business - Is this correct?

(details here http://www.consumeractiongroup.co.uk/forum/member.php?u=156006)

Cheers Paul

[sIGPIC][/sIGPIC]paulsuebank

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My case has now been transfered to my local court, do not have a hearing yet, when I rang the court explaining I would be preparing a court bundle they said I was jumping the gun and to wait until the judge had looked at the case as I may not even get a court date. 2 questions --

 

a) Should I start to prepare a bundle anyway?

b) Should I now send a nudge letter to my bank , if so can anyone help with a draft of this that I can use

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