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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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      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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Halifax Is Asking for 4-8 wks : Delay Tactics?


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I am a new member and am currently having a problem with claiming from halifax. I sent off for my statements dating 6 years backwards and have freceived them. On 5th April I sent off my letter requesting they refund default charges amounting to £1677 plus inetrest £250.56 interest accrued totalling £1,927.56 to me. On the 13th of April I got a reply from them which in part said, "Please note the complaint handling rules set by our regulator, the Financial Services Authority, gives us 8 wee3ks to investigate and respond to complaints.

 

............However, we want to ansure the issues you raised are thoroughly investigated. If, for any reason we are unable to to respond fully to your concerns within the next four weeks we will write to update you of our progress."

 

I am just wondering whether any body else got a letter like this and what to do next. Any help or advise will be appreciated!!

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I posted this to update my post today but ill copy it here too as im a bit confused myself with regards to this practise.

 

I just called my local branch today to chase my rundown of charges as its just about come to the 40 day deadline and he was very helpful so I felt a bit guilty about shouting as he was a middleman more than anything else.

 

 

He had to call me back which he did pretty much straight away telling me that due to the increase in requests they are having some problems getting them out within the deadline of 40 days, some landing around the deadline and others a little bit after. Can they legally do this?! They had no problems taking my cheque on the 10th April...

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Sugary007 - absolutely normal - go ahead and send the LBA - it's YOUR claim, not theirs!

 

Delmorpha - well that's tough luck on them isn't it? If they hadn't acted unlawfully in the first place then they wouldn't have all this extra workload would they? If they don't respond in the time-frame you should report them to the Information Commissioner, and send the DPA non-compliance letter in the templates section.

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http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

Here is the link to the lba letter, but as ladybird says, please read around a bit more so you know what to expect.

 

Read some threads, that gives you a good idea of how everything works out.

But if you do get stuck, just shout, some one will come along and help.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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This is the letter or similar to the one I semt them. Their reply to the LBA is that they were investigating which would take upto 8 weeks. My letter wasposted on the 5th of April 07 which makes today their 14th day. do I send them another LBA, the one recommended by you? That is like giving them another 14 days, in total 28 days, but if that is what it takes to get my money, no problem. please respond and thanks for the help so far. Sugary007

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Did you send the prelim first?

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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The first letter I sent was the one asking for copies of my bank statent dating back 6 years. giving them 40 days to respond. They responded within the time frame sending me the 6 yrs history. I then calculated the various deductions worked out the daily interests and then sent them my second letter outlining they they had withdrew various sums of money from my account under as penalties for failed direct debits etc , attached a copy of all the deductions and ineterests calculated against each one on s daily basis, and aked them for my money back. In part it read, "I am writing to request that you pay all the default charges that have been applied to my account. I do not believe these charges reflect the true cost to Halifax plc of going into unauthorised overdraft or unpaid standing orders etc.......

 

I look forward to a response from you within 14 days. Their response was that they are ivestigating and that by rules laid down by the FSA they had upto 8 weeks to investigate and respond.

 

Where do I go from here?

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If you sent the letter in the templates - You didn't complain!

 

You sent a claim to them!

 

On your terms and conditions!

 

To your timescale!

 

If only I could use the eff word I want to? Eff them!

 

We're in charge!!! Two weeks from receipt then go!

 

A D

[sIGPIC][/sIGPIC]"Another charge by the Bank?"

 

1st Claim (Current account)

30/11/06 WON! £3146.41

 

2nd Claim (Mortgage charges)

27/3/07 WON! - £277

 

3rd Claim (Credit card charges)

14/5/07 WON! £300

 

4th Claim (Old account 97-99 £444)

20/4/07 Prelim sent

9/5/07 LBA sent

Can't remember now but I WON!!!

My current thread - An A-Z - My previous saga

 

IF THIS HAS HELPED PLEASE CLICK THE SCALES - THANK YOU.

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Please don't lose sight of the fact that this is YOUR claim not theirs!!

 

Why on earth would you want to give them more time when you have quite explicitly stated what you want from them?

 

If YOU owed THEM money, and they wrote to you and asked for it within 14 days, and you responded with "sorry, bit busy at present, but I'll get back to you in 8 weeks or so" what do you think their reaction would be..............?????

 

I rest my case.

 

Either do it properly, or don't do it all, every time you delay or dither, they will spot this a weakness and play on it.

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Lady Bird17, thanks eversomuch for puting the fire in my veins and adding clarity to a situation which they are hoping will spiral out of control. They owe us, not we them so I,m going ahead with stage three.Their day of grace is over. These d--mn dogs do the crawling for a change. Thanks for clarifying everything. Will keep you posted. Sugary007

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I know this can seem scary when you start off - and I won't pussyfoot around with people who dawdle and dither. Either you want your money back or you don't. And usually when I post a reply saying this, it fires people up - that is only my reason - I genuinely want people to get their money back.

What is the worst that can happen........? You don't get it back...now this is exceptionally unlikely, and would be very frustrating and unfair and you would be angry. Is that the end of the world?

 

Go, go sugary, and keep us posted. Good luck!

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I know this can seem scary when you start off - and I won't pussyfoot around with people who dawdle and dither. Either you want your money back or you don't. And usually when I post a reply saying this, it fires people up - that is only my reason - I genuinely want people to get their money back.

What is the worst that can happen........? You don't get it back...now this is exceptionally unlikely, and would be very frustrating and unfair and you would be angry. Is that the end of the world?

 

Go, go sugary, and keep us posted. Good luck!

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  • 4 weeks later...

Hi, I have just received a letter as well saying they will make a response by 19th June. This is in response to my LBA. I have rung the customer relations and they say that they are legally entitled to do this under FSA guidelines. This is the second letter I have received, the first one giving themselves 4 weeks to reply. They say I cannot speak to anyone else in Halifax regarding this. So is the next step court action after the 14days are up from the time of the LBA or do we send another letter first?? Can anyone help??

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Hi Tanglewood!

I'm in the same position as you here (i'm guiding a friend through a process).

 

We sent a letter asking for the money back, without threatening action and they replied first by saying they would get back in touch within 14 days. Before the 14 days were up they have written again saying they will be in touch by 13 June!

 

I'm not hesitating in taking them to court, just not sure how to reply to the letter as I never threatened them before!!

 

If there saying that time scale is allowable by the Financial Services Authority, can I give them my own deadline?

 

Is there "8 weeks to investigate and responde to a claim" from when they first recieve our letter?! They have responded within that time, just not really investigated!!

 

Didn't have these problems before!!

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Well, it's up to you what to do - but as you've registered on this site - I'm assuming you want to go down a tried & tested route, wth all the docmentary and moral support that a site like this can give, and claim back what is rightfully yours.

Again, I urge you to read around the site - all instructions are given in the right order, from the preliminary letter to the documentation you may need to complete if you pursue though the courts. So there should be rarely be a case of "I don't know what to do next" or "I don't know what to put in my letter in response" because IT'S ALL HERE!!

 

Even the spreadsheets do all the calulations for you, and you can even ask for a "court buddy" if by some remote chance you do land up in court.

 

Please read through everything, it will save you a lot of time waiting for people to answer your queries - and some won't reply to you because you are asking questions that are answered on the site, or making comments which point to the fact that you haven't read up on this properly.

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Hi Slammiman

I sent a prelim letter asking for the money back and they responded saying they would look into it and respond within 4 weeks.

After the 14days given by me in the prelim letter I sent the LBA with spreadsheets.

They replied today referring to my original letter (the prelim letter) and saying they would respond to my 'complaint' by the 19th June.

I have rung the customer complaints and said that I do not have a complaint I have a demand and I want that put on the file. I just got 'I'm sorry you are not happy but under the guidelines we have 8weeks to respond'. They keep saying complaint not claim!!

The 14 days are up on the 23rd May and I am going to start court proceedings unless anyone can tell me differently. I do not know if the 8 weeks is legal or not.

I have asked who is dealing but they say I cannot speak to anyone about this so it looks like I have no option but to go to court.

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No the 8 weeks is not legal, it's what the Banking code et al say, but there's no legality to it. Absolutely - put your MCOL or N1 in after the 14 days - the time-scales that are in the template letters are obviouly the ones to follow - otherwise there would be different time-scales in them! Good luck tanglewood!

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We seem to be going around in circles with this 8 weeks business. This 8 weeks nonsense is a complete red herring. If you have been following the threads in this and other bank areas you will see the banks come out with all sorts of guff to try and obscure the clear and simple process we have here. So I suggest you all ignore any obfuscation employed by the banks and stick to the clear timetable you set out.

 

1. get statements

2. work out charges

3. ask for money back give 14 days

4. send LBA give another 14 days

5. issue court summons

6. get the drinks in

 

I have had 3 successful claims and helped 7 other friends family and colleagues and each time the banks have tried to bamboozle us with guff so keep your blinkers on and don't get distracted.

 

good luck

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