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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.

      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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poorkaren v LloydsTsb


poorkaren
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Hi

I just wanted to check (and seek some reassurance) that the reply from Birmingham after a preliminary approach for repayment that everyone is getting is the same as mine. I was surprised to recieve a two page letter that went on about me being aware of charges as they are available for all and that they are entitled to charge for additional work and that I have a responsibility to manage my account within their terms and conditions... they may withdraw cheque books etc and they will support referral to the Ombudsman...?

 

Is this standard and is doing nothing til the 14 days are up best?

Also, if they are suggesting me moving my account, can they close it down, i have an overdraft facility at the moment and wondered where i stood with being forced to repay it?

Any support and/or reassurance appreciated

Thanks

Karen:-?

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Hi Karen,

 

Looks like your at the same stage as me! I received that very same letter this morning, so yes, looks like its a standard one. As they have replied, you should probably go ahead and send the LBA straight away. Thats what im doing anyway, it'll be in the post first thing tomorrow morning.

 

As far as your account goes, yes they CAN close it but as i understand it they very rarely do. Keep looking round the site, im sure you'll find all the answers your looking for.

 

Good luck, and let me know how you get on.

 

Gary

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi Karen,

Yes I got the same reply as you so dont worry your not alone. I waited the full I4 days before sending the LBA in today.

Theres mixed feelings on this, you can send LBA in after getting the sod off reply from them but some prefer to wait the 14 days. I read a remark from B/F somewhere " to be as good as your word, no more no less ". So I was did what I said I would in the prelim letter.

Hope this helps and good luck what ever you do.

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I would wait until your 14 days are up. The point of that is to show the court (should it get that far) that you have given the bank every opportunity to respond positively to your request.

 

You stated that they had 14 days to respond. They have done, but they still have time to change that response. Now, we know they probably won't, but in court, you will be able to show that you gave the bank a full 28 days (i.e. 14 days after the prelim letter and a further 14 days after the LBA) to respond before issuing action. Both you and the bank have a duty to try and resolve the matter before going to court. Issuing an LBA 4 days after sending the prelim letter might be viewed as being a little hasty, and not giving the bank ample time to "see the error of their ways".

 

My advice would be to wait until your initial 14 days are up.

... a little

Mahala is a powerful thing ...

 

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Barclays:claiming £908. Defence filed

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I agree with mahala and StoneLaughter.

 

At each step, work to your own stated timeframe and do not be swayed from it. By responding prior to 14 days you show the bank that their actions influence yours, and they should not - remember that you are in control of your claim.

 

Regards,

Bean

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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Hi Karen,

 

Yep, pretty much identical down to the letter. I've been writing the full text of the letters I've recieved out in my own thread, if you want to double check it against the one you've recieved :)

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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I would wait until your 14 days are up. The point of that is to show the court (should it get that far) that you have given the bank every opportunity to respond positively to your request.

 

You stated that they had 14 days to respond. They have done, but they still have time to change that response. Now, we know they probably won't, but in court, you will be able to show that you gave the bank a full 28 days (i.e. 14 days after the prelim letter and a further 14 days after the LBA) to respond before issuing action. Both you and the bank have a duty to try and resolve the matter before going to court. Issuing an LBA 4 days after sending the prelim letter might be viewed as being a little hasty, and not giving the bank ample time to "see the error of their ways".

 

My advice would be to wait until your initial 14 days are up.

 

But the letter says this:

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect.

 

They respond negatively within the time period. IMHO, you are justified in sending the LBA following their reply, since they could still be reflecting AFTER the LBA has been sent.

 

You are not starting action yet - just entering dialogue. Letters can overlap in that period. In fact, I would go so far as to say you are being courteous by responding promptly ;)

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thanks everyone. i feel very reassured. I think that i should stick to what was stated in my letter and not be swayed. therfore will wait the for the 14 days are up before sending LBA letter.

will keep you posted.

karen

:rolleyes:

 

timeline:

prelim letter to lloyds sent 14th may. claim for £1190

first " we are forwarding to someone else" reply on 16th May

second "really sod off" reply on 17th may

lba to be sent on 28:rolleyes:th may

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Hi Karen

 

I'm a couple of days behind you & can't wait to get onto the next stage with the LBA.

 

But like you I've decided to wait till the 14 days are up.

 

Good Luck!!

 

Karen

FIRST DIRECT: £4751.86 SETTLED IN FULL 5/07/06 :-)

 

TESCO VISA CARD: £90 SETTLED IN FULL 12/08/06 :)

 

LLOYDS TSB: £4403.59 SETTLED IN FULL 17/08/06 :)

EGG: £451.52 SETTLED IN FULL 18/01/07 :)

 

 

Opinions and advice of kazzaw are independent, offered informally, without prejudice, without liability, and not endorsed by the Bank Action Group. If in any doubt, seek the advice of a qualified, insured professional.

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  • 3 weeks later...

Hi all

I am filling in my claim form for Lloyds on moneyclaim, but am confused over what to fill in in the interest part. I have copied the section on claiming my right to the 8% interest from the date of the charge, then it continues " and from this date to the date of judgement at a daily interest rate of..." what do i put in here? (I did not leave in the section on claiming interest charges back in my letters as i felt it was too complicated to calculate.) Please help! Hopefully nearly there!

Karen

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Total Claim Amount (excluding Court costs etc) x 0.00022 = daily rate

  • Haha 1

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 1 month later...

its been a long time since i last posted... everything went quiet, i sent the claim off, it was acknowledged and Lloyds said they'd defend.

Today i had through a letter from the court with an allocation questionnaire and the defence from LLoyds, 9 points of defence, signed Alan Ingledew, recoveries Team Leader. Is this what everyone else has found?

My questions about the questionnaire are:

Do i need witnesses?

Do i need an experts report?

An has anyone written anything in the "other information" box?

Appreciate any advice as Im pretty scared to read their defence. Do i need to get anything else together ready other than all the statements and letters etc?

Thanks in advance

Karen:-?

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Mr Ingle fellow was busy, you are the 4th person (me being one) today who have received the AQ and defence from him. Just looking myself and found guidance on the AQ in the Bank Templates Library.

 

Still looking myself for the evidence and cases to mention, but time on our hands for now as I assume your date for reply is 25th Jult too?

 

Good luck be watching and supporting.

Steve

Slightly disgruntled but getting happier as LTSB squirm!!

steve1145 v lloyds-tsb

Data Protection Act done

LBA done

Claim issued 5/6/06 - 6QZ35417

Reply due by 24th June

Responded so further 14 days now 8th July

Defence filed 6th July ......bah humbug!!!!!!!

AQ and defence received on 7th July

AQ filed 21/7/06 12.30pm

Court date set for 16/10/06 - D DAY

***** Settlement Paid 12/10/06 Nearly the whole amount *****:D

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thanks Steve,

i found the library notes and i have completed the form. Wondering now if it is worth calling the defence solicitors, looking at some other threads, this has speeded up teh refunding, offer them the option of not paying teh court fee?

Is anyone going to do this?

I ahve had no telephone contact with tehbank through this process and am happy to not start now, however, anything that makes this move quicker must be a good thing!!

Karen

Moderated : threads merged , please keep to your original thread ,thanks

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Phoning the solicitors is not recommended by CAG.Following the step by step guide is.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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