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

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

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      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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Halifax 3 here we come


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Hello there, we're finding it hard trying to keep track of all our claims i don't know how some of you do it!

having got woolwich claim rolling we are now hitting halifax:

1 basic account and 2 credit cards

 

HAlifax 1;SAR sent 20/4/07. Statements received and Request for charges of £2629.83 repaid sent 09/05/07 . Haven't heard anything so have just sent LBA yesterday (04/06/07) so lets wait and see:rolleyes:

 

HAlifax card 1 and 2; SAR sent 09/05/07 they cashed the £10 cheq about the 20th may but nothing untill today when we get a letter saying;

"We are currently experiencing a high number of similar requests and it may take a little time to process your request.........." bla bla :-D i bet they are, shouldn't have over charged us all in the first place!!!:-D

Do you think it's worth us giving them a ring?

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If they are that busy then I doubt if a call would have much effect at this stage.

 

I would give it until the 40 days are up and if nothing received send them the Non Compliance letter.

PPMAN159

 

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thanks for that PPMAN159,

 

was getting a bit eager then after reading some of the threads !!

 

how can there be such a difference between how they treat one claim and another? surely they can't justify this!?:???:

 

cheers:-)

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At present there is no logic to the way that they treat claims or claimants for that matter because I am sure that all claims go through the same process whether it is for a bank acount or a credit card.

PPMAN159

 

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  • 2 weeks later...

hello all,

:confused: lost track of halifax a bit as have been sorting court papers for our other claim:Druids36Vwoolwich/barclays.

Anyway it's been very quiet post wise. in fact the halifax have sent nothing on all 3 accounts, so thats court proceeding starting tomorrow on the current account and 2 letters of non compliance to the credit cards!!!:cool: as we are well over time scales!

We have spent some time on the phone to them tho. Interesting conversation with the visa complaints dept. (phone number from this site)they said "if we had just phoned them first we wouldn't have had to wait the 40 days and they would have not only sent out the statements but an offer too"??!!!!!:rolleyes:

"but as we hadn't we would have to wait for the other dept' to play catch up and send them through:mad: and they take ages" -noooo really:rolleyes:

On phoning the main complaints dept. on another issue, having mention we are requesting fees returned we were told "We hope to resovle things quickly and satisfactually so that you will be a happy customer once more" How nice, believe it when i see it .

Will let you all know how things go Druids36

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HELP ANYONE OUT THERE

just trying to do the spread sheets and we've just noticed that we do'nt know what the charges are for. it just says "Carges as Notified" Does this matter? on the spread sheet it has them in detail as to what they were for ?? Sorry i'm rambering a bit ! Feeling a bit paniced over court and how serious it's all getting !

Can anyone please advise ?

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THANK YOU TILLY,

there are people still out there, you haven't all run off enjoying the money or given up!! :D

I was trying to get them all typed in while 15mth old

wasasleep but he's now helping me type!!!!!!! with his foot!?

i just over write them on the computer and it saves me some typing!

h ...........0..0000000000000g r6uhjuy

jnbvbbvc

going now while he's pinned down:D

thanks druids

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Hello everyone, progress report: ( without the toddler's help!)

 

Halifax 1; the 14 days are up well last week actually so N1 next but we are out of funds completely so unless anyone knows of ways round lack of money for court fees then we've stalled:oops:

Did have a "go jump" letter from them on this account. Best statement was "I am sorry you are unhappy." no you b***** not you patronising ****&%£*~#, but you would be to if it was your money.

Sorry back to calm now.

Halifax 2 ; a half baked reply to SAR saying "we don't think we've done wrong but as a good will gesture we offer £153 which is half of the total charges incured." Is it well suppose you should know BUT WHERE ARE THE STATEMENTS TO SHOW THAT..... OH YOU FORGOT TO INCLUDE THEM!! yer i believe you you would never lie your a bank:rolleyes:

Halifax 3; NOTHING diddly quat.

 

So guess thats 2 letters of non compliance then:evil: and a stalled court action pending.

Any suggestions?

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sorry to be a pain but .......................:o

if they have made an offer of settlement ( they say it's half!) but not sent any reply to the S.A.R. (no statements or anything) and the 40 days are over am i correct in sending template letter 3?

Should i also send a seperate "shove it where the sun doeth shine" or add it in to the letter ?

Am i making any sense ?? sorry poorly child, lack of sleep, head fogg!!!

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ok i promise only 2 more questions tonight .............

 

how much does the non-compliance order normaly cost ?

 

and i get that you send it to the bank but am i right in thinking you complain to a third party too and if so- who and how ????????????

don't want them to get away with out a telling off!

druid (running on caffeine)

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Hi Druid,

 

I had exactly the same issue with Halifax non-compliance with the DPA 40 day rules - you DO have to send a LBA for non-compliance and THEN give then time to respond before issuing. Just going for it when the 40 days is up WITHOUT chasing them at this stage would probably mean that claim is thrown out.

 

The way I did it was;

- sent letter 7 days before 40 day period was up saying that they had so far failed to comply and telling them I would complain to the Information Commissioner's Office if they took longer than allowed.

- sent a second letter on the 41st day giving them 14 days to supply statements or I'd issue proceedings through the Small Claims process. I also enclosed a copy of the complaint form, along with all this correspondance, that I'd sent to the ICO.

- they did respond saying the statements had been ordered and would be with me "soon". I took this as meaning that they'd handled my complaint - which was upheld by the ICO by the way - and actioned it, but it still took another few days to receive them.

 

I'm not sure how far you are with this, but I'd say you at least need to write to them once in the form of a letter before action. How long it takes to either receive the statements or have the order issued at the Court is a toss-up, really... I decided to wait and didn't have to go via the Court.

 

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