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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.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Barclays Litigation Team Good or Evil? You Decide..


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Emailed to Lit Team

.......Could I ask if you aware of the decision to allow local branches and their staff to refund bank charges?

 

In light of the OFT 'Test Case' which now looks like it will not go ahead, will leave the question of the lawfullness of bank charges unanswered.

 

This in turn will return the situation to consumers pursuing claims to court.

 

I would appreciate any comment you may have on the subject.......

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http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

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Hi Gingerninja

 

daren has emailed barclays lit team to ask exactley that question and were waiting for a reply at the mo

 

it is something which has been suggested on a few threads that im aware of but we are still waiting for it to be confirmed

 

regards

 

paul

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To be honest with you guys, I tend to agree with Saintly [again !!!!!!]

 

It has been common practice for banks to back down on new charges applied once confronted. but only as a 'one off basis'.

It is already accepted that if your account has had no charges applied within 12 months they will waiver the first one but continual charges, not so sure.

 

It may be that banks are authorised to issue refunds once court proceedings have been started but even then prob have a limit.

 

Again IMHO I think this is a case of Chinese whispers that started by one person getting 'ONE CHARGE' repaid.

 

As soon as I get a reply [from ANYONE] I will post here and put everyone out of their misery LOL

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Before peeps get carried away, this is ONLY heresay and Ginjerninja should read the previous page before putting down deposit on the MX5.

 

Chinese whisper thats turned into a rolling snowball.

 

Slick

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Hi guys,

Not sure if I should post this here so feel free to move/delete this if it is wrong - I'll stick it in my thread too just in case.

I spoke to a customer services person at Barclays yesterday and she mentioned bank charges, basically she asked whether I'd ever had any repaid. I laughed and said that I actually had a court case on hold at the moment because of the OFT to which she replied...

1) why did you go to court - why not just speak to us?

2) when did you ask for them as I (she) got all of mine back about a week before the OFT case

3) Oh well, it's a shame and it's a delay but you'll get all of the charges back I'm sure

I was stunned to be honest but I guess you can't really take point three as gospel really can you given her position in the company (with all due respect to her - I'm sure she won't be deciding who gets what and when!). I was surprised by point two too as I always thought that anyone who works for a bank is banned from having an overdraft or is that just for people who advise/chastise people on their banking habits?

As for point one, I politely pointed out that I did contact Barclays and that I have at least two emails telling me they would settle my claim.

Anyway, I'm not sure whether that conversation made me feel better or worse to be honest!

Cheers,

KA.

Prelim letter received by Barclays: 26/03/07

**************no reply***************

 

LBA received by Barclays: 10/04/07

**************no reply***************

 

N1 filed at court: 25/04/07

N1 received by Barclays: 04/05/07

Offer of £1,885.00: 04/05/07 (turned down)

Offer rejection received by B'clays: 08/05/07

Barclays Acknowledge Claim: 11/05/07

Barclays Defence Filed: 18/05/07

 

Directions Hearing Date Set: 06/08/07

Case Stayed Until Feb '08

 

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When I went to court the judge said if I had evidence of e mails confirming an offer of refund then the case was totaly compromised and that a stay was not appropriate. I did not receive offer in an e mail just verbally - but he said that was enough for him not to order a stay. Barclays paid up.

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The trouble here is verbal promises mean 'jack', unless we can get these comments in writing they mean nowt.

 

barclays employees can have O/D's but they dont like it, they cant 'not' allow it as it might be seen as discrimination against an employee.

 

What we need is a thread where people post any comms received from the banks offering to settle out of court.

 

see here

http://www.consumeractiongroup.co.uk/forum/barclays-bank/115124-have-you-been-offered.html#post1144274

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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DINO HAS LEFT THE BUILDING!!!!

 

Sent email to Krysta - No reply [surprise]

 

Forwarded it to Dino, got this reply:

Thank you for your email. I will be out of the office for the foreseeable

future.

 

In my absence please direct any urgent correspondence to my colleague

Eleanor Dangerfield ([email protected]). Unfortunately, my

emails will not be read until I return.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Ok Its Official Dino, No longer works for Barclays [prob cos he was customer orientated ??]

 

For everyone who is following this thread for info about local branches paying out....This is direct from Barclays Litigation Dept.

I have now taken over Dino’s caseload as he is currently not working for Barclays Bank PLC.

In response to your query:

Local branches have always had the ability to refund a small amount of charges to customers usually as a goodwill gesture on the first occasion that a charge has been taken. I am unaware that this situation has been extended further than small refunds.

As regards the OFT case, an 8 day hearing is listed to commence on 14 January 2008. The main purpose of this litigation is to determine the lawfulness of the bank charges once and for all so that all the banks and other institutions are consistent and the issues are decided one way or the other. I have not heard any information stating that the test case is not due to proceed as planned.

 

 

 

sorry its not better news :(

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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