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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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      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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    • 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.

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      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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final settlement


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hi, can anyone help me with the next letter, what do i have to put in my letter re accepting the offer as an interim

 

any ideas from anyone who have done this already

 

pebbles

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Accept as an interim payment - but tell them you require full refund or off to court we go!!

 

You don't need any legal jargon or anything, just tell them you will accept their offer but only as an interim payment, and you are continuing with your action for full repayment.

 

 

 

 

 

 

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ok thanks for that xx

 

do i sign the customer acknowledgement accepting the offer and send that with a letter or do i just send them back a letter explaining the situation

 

pebbles

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got my letter back from barclays after i refused the 1st offer of £400, it says this is the final offer and that they will not reimburse me with the full amount, it says that with regret that i will now be proceeding to the county court.

 

before i go on for the claim in court, is it worth me doing as i havent heard of anyone getting the full amount back, ive seen small amounts getting full settlement.

 

if so i will need help in filling the n1 form out and where to send it to, i understand that i will have to pay £100 cost.

 

is this what they do to scare people off

 

a very nervous pebbles- never done court things........help me

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details for particulars of claim are in the library. you literally just need to ammend them to reflect your personal details and figures and then paste them to the form.

 

don't be nervous. as Alan said before do you think they would have made an initial offer of £400 if they thought they could win. You are right Barclays are procrastinating hugely, I am waiting for their defence to my claim which I filed at the beginning of the month. It will be the standard. Remember they have yet to contest in court. Let alone win. Hold out for the £1200 - big difference between £1200 and £400!!

"BA Group. The World's favourite CA Group"

 

HSBC 2 claims amalgamated. £1195. settled in full prior to filing claim.

BARCLAYS settled in full 2 days prior to submission of defence by Barclays

CAP ONE settled in full on day 14 of LBA (£210)

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Barclays additions account, which is a glorified current account with extras such as breakdown recovery etc is provided at a cost of ten pound per month (just risen from around eight pounds). I presume you have one of these accounts judging by your posts as do i. You do have to sign up and join though which i did from a normal current account and they do tell you there is a charge for the account. Hope this helps

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details for particulars of claim are in the library. you literally just need to ammend them to reflect your personal details and figures and then paste them to the form.

 

don't be nervous. as Alan said before do you think they would have made an initial offer of £400 if they thought they could win. You are right Barclays are procrastinating hugely, I am waiting for their defence to my claim which I filed at the beginning of the month. It will be the standard. Remember they have yet to contest in court. Let alone win. Hold out for the £1200 - big difference between £1200 and £400!!

 

i dont understand the form:confused: What do i put in the 'in the anywhere county court' at the top? the rest i know what to put.

 

then where do i send it to, do i send a copy to the bank or will the court do this for me?

is this just the only thing i send or do i send the N1 claims form aswell to the court at the same time

 

sorry for sounding so thick

 

pebbles

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something strange has happened......

i have just recieved another letter identical to the last one saying we are sorry for your upset and that they are offering me £300. im confused again. i dont think they know what they are doing.

has anyone else had this before?

 

anyway im ignoring that letter and continuing with the £400 offer and am sending the 3 N1 forms to my local county court and taking it from there.

 

something funny tho....i went into barclays to draw some money out and only read a poster saying "its your money" ha ha ha

i shall say this in court

 

wish me luck

 

pebbles

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i went into barclays to draw some money out and only read a poster saying "its your money" ha ha ha

 

I saw that, today, when I took in my LBA.

 

It goes on about "Make sure that nobody else spends it !"

 

:D :D :D

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  • 2 weeks later...
got my 'notice of issue' back from courts and also 'acknowledge of service has been filed'.

do i just wait now?

 

pebbles

 

yes thats all, dont fone them i was told it could be classed as harrasment

TOTALLY debt free as of 2007, Fantastic,

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  • 4 weeks later...

i have recieved a letter from that geoff at barclays, he has sent me a letter of his defence.

 

what do i do now?

shall i send it to the courts or do i just hang on to it till i get to court?

 

many thanks

 

pebbles

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Hi, I have been through all the stages set out on the forum in order to claim back 1050. The bank made me an offer which I only accepted as part payment and sent the letter in the library. They refused so to accept and were sad that i am going to court. I have recentley registerred an online claim against the bank for the full amount + 120 court costs. Received a letter 2 days ago saying they will be entering into a defence for all the money. The letter was signed by someone called Keith Jerimah. so basically I now wait for a questionnaire? this questionnaire how long does it normally take? and does anyone know whats on it? just so that I am prepaired.. cheers

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Letter is in the Library you just amend it to your own circumstance's, also on the subject of £13.00 charges, I telephoned Barclays to ask for an extended overdraft just before Xmas as I was skint, The plankton I spoke to stated that unless I sign up to additions Plus account he would not be able to extend my overdraft F*******(Black mail) I say..........

LETS ROCK !!!:D :D :D

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Pebbles you need to read MJANETS V LLOYDS experiences, truly exciting and just the way to go

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/1777-mjanet-lloyds-unconditionally.html?highlight=mjanet

 

regds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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