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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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    • 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.

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      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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

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

      Frankly I don't think that is any accident.

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

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

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Mecanician Vs Nationwide ***WON***


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Hi guys

Can I first say a big hello and thank-you to the CAG website, who without you I would not be pursuing my claim against Nationwide`s unfair bank charges.

I have been a “loyal” customer for 12 years having my wages paid in my flex account .However I am paid every 4 weeks so my pay day each month moves throughout the year which is a big problem when it comes to direct debits & standing orders which go out on a fixed day in the month as much as I tried I never seemed to have enough money to cover all the monthly direct debits spread throughout the month and of course Nationwide were very helpful when I complained about the unjust charges & how they can reject a DD for £28.00 when I had £26.80 in the account but charge Me £30.00 and then £20.00 for an unauthorised overdraft. I have just submitted MCOL on the 25/04/2007 after receiving 2 bog standard letters fobbing Me off after sending both the preliminary approach letter & the LBA I have followed this site advice and feel that I am not alone ……..thanks again

“All the power in the hands of the people rich enough to buy it while we walk the streets to chicken to even try it”

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Hi Mecanician.

 

Spend some time reading the FAQs and ther step by step guide in the library section. You will find a wealth of useful and essential information there.

The more you know, the easier your claim will be.

 

Good luck.

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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  • 2 weeks later...

Hi Guys

Just a quick follow up received a notice of issue stating that my claim was issued on 26/04/2007;the defendant (Nationwide) has until 15/05/2007 to reply.

Received today 10/05/2007 “Notice that Acknowledgment of service has been filed”

However I did not receive a copy, & the letter had a line through the passage “a copy of which is attached” is that normal?

The defendant (Nationwide) now has 28 days from the date of service of the claim form to file a defence (fingers crossed now)

Can anyone tell me is the date of service the date the claim was issued (26/04/2007) or the date is was deemed to be served on?

Will let you know what happens next

Regards

Mecanician

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  • 2 weeks later...

Hi

Just wondered if anyone could give me some advice?

I filed a claim against Nationwide on 26/04/07 via MCOL I received a notice of issue, which states the claim was deemed to be served on the 01/05/07.

I then received the acknowledgement of service of my claim, stating that the defendant (Nationwide) has 28 days to file a defence, on the 03/05/07.

Since then I have received nothing, no information from the court that Nationwide intends to defend, no letters from solicitors or Nationwide. I have checked my bank account everyday but nothing has been refunded as of today (24/05/2007).

Is there anything to worry? About only claimants against Nationwide all have a different story to tell.

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WON TODAY!!!! :D

I’ve just checked my account tonight (24/05/07) at 23.00hrs and Nationwide have paid into my account the amounts of £999.99

+ £999.99

+ £999.99

+ £999.99

+ £939.54

+ £298.97 (I think these are my court fees) :o

+ £999.00

Grand Total £6237.47 this is the correct amount plus cost and interest that I claimed.

So far though I have had no correspondence from Nationwide or their solicitors regarding, my claim against them. I don’t know what Nationwide`s intentions might be now whether I will have to close my account with remains to be seen, what I have done is more or less closed the account myself, with all my wages being now paid into another account with the Halifax, and with some of the money that was paid into my account tonight paid off my overdraft.

Now I take it is my responsibility to inform MCOL (Northampton County Court) that is my next point of call tonight.

I feel I must thank everyone connected with CAG without you guys, and all the people in the Nationwide forum, I don’t think my claim would have got of the ground!

And although I did not subscribe many posts I read many!

Once again Thank-You

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Congratulations.

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Well done mecanician....:) My claim was acknowledged on 9th May with intent to defend. Have heard nothing so far. You were paid out 21 days after acknowledgement I think? That makes it 30th May for me maybe, however I've got a feeling Ill be one of the unlucky ones whose claim actually goes to a court date! Fingers crossed for me, and congratulations to you again:)

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Libby. Also recieved my acknowledgement of service on the 9th May stating Eversheds would be defending my claim. Have since sent them a scedule of charges as well as sending the court a copy. Getting nervous. 12 days to go. Keep checking my bank account every two hours just in case. Why do I get the feeling it will be me having to stand up in court ?? Good luck with your claim !!

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Now I take it is my responsibility to inform MCOL (Northampton County Court) that is my next point of call tonight.

 

No need to do anything yet - you'll get a letter from the court stating that NW's defence is that they have paid in full - there's a box to tick to say you're happy and don't want to take things any further. Do that and send it back to the court and it's all done..

 

Well done!

 

Andy

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Hi All, we have been reading this forum for quite a while and finally plucked up the courage to take the Nationwide to court having had what sounds like the usual 'fob off' letter from our first and second letters we sent them together with the spreadsheet of bank charges and interest.

 

We issued the claim through Moneyclaimonline on 10/05/07 and received a notice of issue a few days latter, stating it would be deemed as served as of 15/05/07, then on 15/05/07 we received an acknowledgment of service and Eversheds LLP are intending to defend all of the claim. Two questions (1) does this mean they have 28 days from the 15/05/07 to put in a defence and if not will they have to pay up before 12/06/07. (2) Do we have to do anything else at this stage as 'Ackers' has confused me a bit by stating he has sent the court a copy of his schedule of charges. Do we need to do this as well or will the copy the Nationwide has been sent suffice.

 

Like everyone else now since the Lloyds verdict we are very nervous and just know that we will be the next ones to lose..!

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Hi tugs1403 (anything to do with tugs cause I work for a tug company ?). Reason i sent a schedule to the court and to Eversheds was because i read in another thread that MCOL send all details onto a local court near to you. Thread read that it was better for them to have the information at hand otherwise Nationwidecan claim a further 28 days i believe even though you will have sent them a copy of your schedule previously. Hope this helps. Recieved my acknowlegement of service on 09/05 so counting down the days until 06/06. Your 28 days started on 15/05 so you are 6 days behind me. Good luck !!!!!!!!!!!!!!!!!!!!!

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congrats mecanician. Your a star. I'm well pleased to see they have paid you out AFTER the berwick case and that it may still be their intention to pay (on the 28th day or before) using the same tactic, writing to the court saying they have satisfied it etc but debarr you from any more claims. I have issued on 17th May. I am waiting for a defence if they are going to issue one, at the moment its just acknowledged. I think they have until 14th June to defend if not i'll go for judgement but judging by the sound of things the money just goes in the account. funny thing is the account that had the charges has been closed for ages (I do have a savings acct with them, i suppose they could put in there) if not a cheque'll do nicely. Do you mind posting what their defence was, on there please so I can get ready to pick my holes in it?

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congrats mecanician. Your a star. I'm well pleased to see they have paid you out AFTER the berwick case and that it may still be their intention to pay (on the 28th day or before) using the same tactic, writing to the court saying they have satisfied it etc but debarr you from any more claims. I have issued on 17th May. I am waiting for a defence if they are going to issue one, at the moment its just acknowledged. I think they have until 14th June to defend if not i'll go for judgement but judging by the sound of things the money just goes in the account. funny thing is the account that had the charges has been closed for ages (I do have a savings acct with them, i suppose they could put in there) if not a cheque'll do nicely. Do you mind posting what their defence was, on there please so I can get ready to pick my holes in it?

Hi pestrick

Hope your claim goes the same way as mine.......

I recieved the letter from Northampton Court (MCOL) 02/06/07 which states "Notice of defence that amount claimed has been paid" and stapled to the letter is a photocopy of form N9b in which states "charges totalling £4939.50 + cost + intrerest were refunded on 24/06/2007" and in section 5 "the defendant believes that the facts stated in this form are true.I am duly authorised by the defendant(Nationwide) to sign this statement.Eversheds LLP (solicitors)

I hope this is some help

Regards

Mecanician :D

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Sounds good. What date was this though? that they paid out? and what date did you issue? Eversheds are on the case on mine too. Did they put the money in your account? did they pay on the 28th day due when they were due to enter the defence?

 

Thanks.

 

Pestrick

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Hi tugs1403 (anything to do with tugs cause I work for a tug company ?). Reason i sent a schedule to the court and to Eversheds was because i read in another thread that MCOL send all details onto a local court near to you. Thread read that it was better for them to have the information at hand otherwise Nationwidecan claim a further 28 days i believe even though you will have sent them a copy of your schedule previously. Hope this helps. Recieved my acknowlegement of service on 09/05 so counting down the days until 06/06. Your 28 days started on 15/05 so you are 6 days behind me. Good luck !!!!!!!!!!!!!!!!!!!!!

 

Hello Ackers

 

Sorry Different Tugs, Just wondered if the Nationwide have paid out yet.. 6 days left for us.

 

Good Luck

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No nothing yet ! No money in account and no defence lodged with MCOL. Been reading a few threads and it appears Nationwide may have changed tactics. Successes seem to be getting few and far between ! Peaple are getting to 28 days are hearing nothing. Wonder if its because they know MCOL may have a backlog ?? Any views would be appreciated !!

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No nothing yet ! No money in account and no defence lodged with MCOL. Been reading a few threads and it appears Nationwide may have changed tactics. Successes seem to be getting few and far between ! Peaple are getting to 28 days are hearing nothing. Wonder if its because they know MCOL may have a backlog ?? Any views would be appreciated !!

 

 

HI Ackers

my 28 days are up on the 18th June 2007.

I have not heard of any delaying tactics as yet by Nationwide

But i will keep eyes & ears open & will keep you informed:D

GOOD LUCK WITH YOUR CLAIM!!!!

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No nothing yet ! No money in account and no defence lodged with MCOL. Been reading a few threads and it appears Nationwide may have changed tactics. Successes seem to be getting few and far between ! Peaple are getting to 28 days are hearing nothing. Wonder if its because they know MCOL may have a backlog ?? Any views would be appreciated !!

 

Hi Ackers

Yesssssssssssssss..... we are under way.

Our 28 days aren't up unill the 12th but have just checked our account to find £3789 has been paid in 7 varying amounts from £55 to £999. This totals the amount of our charges - BUT - hasn't included the interest or costs yet.. But hey !!! 5 days to go yet... Happy days.. Thanks for your advice and support... we will just wait and see what happens over the next few days.:smile:

 

I see on another thread that you have had your monney as well - Congratulations..

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