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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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      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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Claim against HSBC


jimclark
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This is my first posting on this site

I'm a little way down the line with my claim against HSBC for unlawful charges. Used some standard template letters from the thisismoney site. However, your site seems to have more support and informed comment! At this point, I have (after being pretty much ignored - in spite of sending recorded delivery letters) issued a county court summons via the HMCS Money claim online service. As you have indicated, HSBC filed a defence disputing my claim for refund (presumably to give them more time). However, since the defence has been filed I (apparently) can no longer proceed with the claim online. This is the bit from the HMCS site:- You are unable to take any further action online on this claim.

 

"The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

 

So, I guess it's now a waiting game for a court appearance?? I'm quite looking forward to my day in court! (must be a masochist!).

Is there anything I should be doing while I'm waiting? I seem to remember some reference on your site to a court pack (where I fill in my details).

I don't know if there is anything new in this defence from what others have experienced. I guess I assumed too much in hoping that the bank would roll over and just pay up! Sorry, if this requires regurgitation of stuff you've already covered. Perhaps someone could just give some links to the next stage to save repeating what's already been posted. I will report all of the next stages of my claim in order that it may help others.

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Guest louis wu

Hello,

 

This is the court bundle you refered to

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Have a read through it, and try not to be put off by the legal parts, it gets easier the more you look at it, and were not solicitors and as such not expected to understand every bit.

 

Any problems let us know

 

Good luck

 

louis

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hi jim - it would be worth starting a thread on the hsbc forum to get advice specifically to hsbc. theres lots of friendly people on there with great advice.

 

youre well on your way with your claim - unlikely to get your day in court though! (sorry to dissapoint) you will probably get a notice of transfer to your local court & will then need to see what the local judge decides to do.

 

in the meantime you should be nudging Dg into making you an offer. lots of info on the hsbc threads about this.

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Guest ChloeJane

Hi there,

 

Yes their standard delay tactic to defend. Costs them nothing to defend and of course they can't be seen as been guilty by default!

 

So the matter now will be transferred to your local court.

 

They have 28 days from the date of acknowledgement of service to file their defence.

 

The court will be in touch and forward you a copy of their defence. Thumb twiddling time till then as nothing can be done except to read up on bundles and maybe prepare for what is called an allocation questionare to arrive.

 

This is a set of either questions they are asking you on what you are seeking and to allocate time as an estimate.

 

To read up about them and how to fill it out should it arrive click here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Some courts know of the banks and issues and have dispensed with them, so if they have, don't panic, here is another link!

 

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

The bundles information the link has already been given. Hope this gives some more direction of what next.....all the best with your claim..

 

CJ

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  • 4 weeks later...

Received a form from the Northampton Court that the claim had been referred to my local court of Colchester (dated 4th May 2007). In your experience, how long does it take for the New court to set a date? Should I be sending in my court bundle now? Also, should I send a copy of the court bundle (with my details duly inserted) to the court now? Finally, should we now be including a copy of the bank's standard contract/terms of business so that we don't have the same problems as the TSB claimant whose case was lost?

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the court bundle is way down the line - don't even be thinking about it yet -

 

first - send a copy of your breakdown to both the court and to dg and do it straight away.

 

after that, i think you'd do better to read this threadNew---after 28 Days - Maybe No Aq!!!!!!!

read post 1 - it explains what happens next.

 

the only hesitation i have is your breakdown of charges - does it include the names of the charges -as per your statements - i.e. total charges, recall s/o-d/d, card misuse, notified fees, etc.

if not - can you put those in there before you send it off - but get it done quickly - don't change the amount you've claimed - just expand on those charges descriptions. then get that off asap

 

you are right where you should be - get back with any questions.

the local courts all take differnet times to respond.

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Hi Lateralus, Thanks for the quick reply. I did send a copy of my breakdown to DG some time back (e-mail attachment to Kate Eaves on 05/05/07). No response, even though I requested a read receipt. I didn't send a copy to the local court -so I will do so straight away. I did do a breakdown of all the bank's charges (copy and paste from my on-line statements). I then calculated the interest from date the bank applied the charges (simple interest - not compound - silly me) and this was the basis of my claim.

The bank's defence (disputing the whole amount of my claim) is based on the personal and/or business conditions -blah, blah).

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i had mentioned expanding on the charges description because some of the other sites say put "charges" which at some point - dg will kick back saying it's too vague - so i was just checking. some other sites say to send the statements and the bank won't even look at those. did you use a spreadsheet or interest charges calculator for the interest? in other words did you claim interest from the date of each charge to the date of the claim? hopefully yes, sounds like everything is tickety boo - just get those breakdowns off.

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Hi again,

Yes I calculated by using 8% per annum from incurring the charge to the date of submission of the claim. However, since i didn't compound (interest on interest, year by year) I will lose out slightly. however, I will be happy to get that amount back!

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Hi Lateralus,

Have now received a "General Form Of Judgement or Order" from the Colchester Court (transferred from the Northampton Court).

 

It says:-

 

Before District Judge Molle sitting at Colchester County Court etc. on 10-May-2007. Considered the papers in the case and ordered that:

1) The Claim is allocated to the Small Claims Track

2) The action is stayed until 4-July-2007 during which period the parties shall try to settle the matter or narrow the issues. The Parties shall negotiate expeditiously, openly and purposefully without pre-conditions, to include of necessary at least one face to face meeting at an agreed time and location, to be attended by persons on behalf of both Parties who are fully authorised to negotiate and agree a final settlement.

3) By 4pm on 18th July 2007 the parties shall file at Court an agreed report in writing of the outcome of negotiations including all steps taken by both Parties towards achieving a settlement (without disclosing any matters which remain subject to 'without prejudice' terms); an explanation of what was agreed, what remains in dispute, and the reason for failure to reach a settlement; (if no settlement has been agreed).

4) Failure to comply constructively and fully with this Order or to engage properly in negotiations may be penalised in costs or by sanctions

, which may include striking out a Party's Statement of Case.

5) Because this Order has been made by the Court without consideration representations from the Parties, the Parties have the right to apply to have the Order set aside, varied or stayed. A Party wishing to make an application must send or deliver the application to the Court (together with any appropriate fee) to arrive within seven days of service of this Order.

 

So...... do I phone DG now and set up a meeting?

 

Regards,

JimClark

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Hi - thanks for the quick response. I have sent the standard first 'nudge' letter (on 28/05/07) devised by Lateralus:-

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

For the attention of Ms K. Eaves

 

 

 

Re: xxxx - v - HSBC Bank

account no xxxx

claim no and filing date xxx30/03/2007

 

It has come to my attention that as of 04/05/07, that an Allocation Questionnaire may not be required in this case.

 

I am mindful of the vast number of claims with which you are currently dealing. In order to more speedily resolve this matter, I am willing to accept the sum of £xxxx this being the claim via the court plus a further charge of £xthat was recently added to my existing charges). I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

For your records, I enclose another copy of my schedule of charges (sent to you via e-mail on 05/05/2007). I look forward to hearing from you.

 

 

 

So.... hopefully the court will see that I am attempting to resolve the issue with DG.

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i agree - i've never seen that direction before -

i'd send them another nudge (you sending them letters is equivalent to you trying to be reasonable and getting it resolved - them not even bothering to answer is them not) so send as many as you like.

i'd refer to each point of the judges letter in a new letter - for example

next letter - say basically the same as before but start off with - i understand we have been asked by the court to try and settle this between us - without further intervention from the court -

to that end - i would accept.... blah.blah.blah.

 

 

then a week later - write another one - and say - i understand we have been asked to resolved this - to this end - (don't know where you are - but say for example you are in newcastle) i suggest we meet literally half way - i am prepared to meet you at a location in leeds on any saturday morning (as i work during the week) -

 

not joking - offer to meet them when you would be available and - about half way - between you and them (edgbaston, birmingham) i'm making this up as i go along - but seriously - offer to meet them some place. they obviously won't - but again - you've tried and when/if it comes in front of a judge - you win being reasonable - hands down.

each letter after you suggest something - say you will accept xxxx. etc.

 

see how it goes - i'm thinking they will offer before they have to show they tried. obviously recorded delivery on everything and keep copies.

and send a breakdown with each one - - the nearer it gets - really push for them to settle.

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Hi Folks,

Thought I might send the following to the court - what do you think?

xxxx-v- HSBC Bank

Claim No: xxxx

Ref: xxxx

Date Issued: 30/03/2007

Thank you for your General Form Of Judgment or Order (N24), which was received on 1st June 2007.

The defendant, represented by DG Solicitors, has not responded to my correspondence (either by e-mail or recorded delivery letter).

Since I am just a private individual, I have relied on a grass roots organisation for advice on preparing my claim. This organisation seems to have large numbers of cases where this defendant has ignored approaches to settle these issues. Instead, they appear to wait for a hearing date and finally make an offer to avoid having to go to court.

It does appear that this defendant is playing the courts to their advantage. I, of course, fully accept the judge’s directive to make the best effort to settle this case via a face to face meeting, however, I do not seem to be able to arrange this. I would like to record that, since the defendant entered their defence on 4th May, they have refused to respond to my communications. Furthermore, I first applied to the bank for refund of these charges on 24th February, 2007 and I do not believe that it would take this amount of time to resolve this issue.

I will make further attempts this week via direct phone contact to arrange a meeting, but, if unsuccessful, would like to apply to the court to have the Order stayed. I understand that I must make this request before 8th June 2007.

 

Yours sincerely,

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oh, yes, how silly of me - here i am telling you to meet them half way to birmingham when you have a perfectly good hsbc branch on every corner.

THAT'S where you offer to meet them!!!! i'm a fool (but my heart's in the right place!) i see your point writing to the bank - but i'd copy it to dg - or send it to dg and copy it to the bank - as dg is their legal representative in this matter - it's them you need to prod. - but sending copies to the bank is fine -

offer to meet dg at your branch on your lunch hour - after your work, on a saturday.. - i think it highlights that it's their job and you are doing it on your own time.

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Hi Lateralus, No, "fool" didn't enter into my thinking. Working above and beyond the call of duty by replying to my thread at 11:05 on a Friday night did attract my attention, though!!

So, I'll send my letter to the court, copy to the bank and to DG and impress on DG how hard I am working to comply with the wishes/directive of Judge Molle at Colchester court! I'll suggest that I meet DG at my local HSBC branch (which according to my satnav is 147 miles from their office). I'm sure they'll be delighted to accept!

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I think I'll demonstrate that I'm being ultra reasonable by arranging to meet them at HSBC Bank, 132 High St, Huntingdon on a Saturday morning. This is about halfway between us. You never know, they might turn up - but I'm placing a bet on hell freezing over first!

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i'm just so miffed at this judge in hull saying he's going to rule out 20 peeps - just like that - based on the lloyd's case -

i thought small claims didn't set precedent. i'm really glad my son's case is done and dusted - looks like it is getting harder now.

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