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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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      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.

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welsh_nick vs Abbey


welsh_nick
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Hi All,

Thank you all in advance for the help, advice and information to assist in claiming back monies from the Abbey.

Today i sent off the 1st letter requesting history of charges etc going back 6yrs, and hope that i can eventually join the large list of success stories so far!!!

I have been looking into this for a few days, and came across this site. Well what can i say, Excellent!! registered asap and now its all systems go!!

Hopefully updates to follow witrh each stage of the process....

Good Luck To All Others..

 

Nick.;-)

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  • 2 weeks later...

Today I recieved my Bank Statements from Abbey!!! 10 days wow!

Just printing off Junes to add recent charges, and then sorting out the step2, Preliminary Approach for Repayment. Will sort this out over the weekend, get copies of all charges sheets and additional statements for myself... as a back-up, then post it all, and wait for the reply!

So Far So Good....

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Today I recieved my Bank Statements from Abbey!!! 10 days wow!

 

that was quick welsh nick

 

You only need to post your preliminary letter with a copy of the spread sheet for charges you don't need to post statements to Abbey yet?

 

Now wait for the sorry you feel you need to complain and it will take 4 weeks to look in to your complaint, our charges are fair etc, stick to your dates and you will be fine

 

Good luck

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Cool,

Thanks for your comment. Just need to confirm that i dont have to send copies of my charges and statements yet?

 

Just send a spreadsheet which i can find on here somewhere??

Cheers for any help you folks are providing...

Nick.

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All you need at this point is your pelim letter and the spreadsheet which you can find here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Choose the one you want but if it's only the 8% s69 interest you're claiming then I'd use the simple excel one, it works fine. Just input the info and it will automatically calculate the days since offence and the 8%. Don't include the 8% at this stage when sending to Abbey. That comes with the N1 for court.

 

Stick to your timetables no matter what they tell you, keep following the tried and tested steps and you'll get all your money back.

 

Good luck. :)

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Thanks for your comment. Just need to confirm that i dont have to send copies of my charges and statements yet?

 

you don't send any statements yet!

 

As Robdblynd has already said type your charges into the spread sheet (link provided) and send them with your letter, they are refered to on here as SOC or schedule of charges.

 

You need to send another copy with your LBA and also to the court when you are ready so make sure you save it ;)

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As i am only claiming charges back on bank account without any overdrafts etc.. this should be relatively straightfoerward...

 

S.O.C. filled in this weekend, along with prelim letter on its way today(recorded delivery).

Just have to wait for the 14 days now then.....

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Already recieved letter from Abbey today (dated 26th), telling me they will look into my complaint... and will re-contact me in 4 weeks... Whatever...lol

 

I will be sticking to my timetable and sent next stage letter out within the 2 weeks as per recommendations from you folks here...

 

Updates to follow !!!

Good Luck To All Other Fellow Claimants....

Cheers,

Nick.

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Quick Question...

If i claim for OVER 6 yrs of charges, is there anything different that i need to do (instead of just the flat 6yrs). Or does it not matter?

I have statements from Jan31st 2001 and was going to use all the charges listed from that date... and if i claim Just 6yrs, does that date begin when i make my 1st request (25th June 2007) and any charges before 25th June 2001 cant be requested??

Hope this makes sense??

Thanks for any replies!!

Nick.

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Hi Nick

 

The 6 year limit starts from the date you file at Court; when I sent my Prelim it included charges from April and May 2001, but I then took them off when I filed on 22nd June.

 

However, there is a very good argument for claiming beyond the 6 year limit - I didn't because I have no confidence in my ability, but I read this and it made sense:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

Hope that helps.

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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Thanks for the reply Jo,

 

I think i'll be happy carrying on with the 6yrs only, as i will have to go down the road of additional requests and waiting time to collect the appropriate statements and charges lists from Abbey!! And this could take ages!! due to Abbey stalling wherever they can...

And as i am close to the LBA stage i'm happy to continue where i am, with the 6yrs worth,

Thanks Again..

Nick.

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Today sees the LBA letter going out recorded delivery.

After this i will be reading up on the next stage in detail.. so any pointers for what to look out for will be appreciated.

I'm pretty sure i know what i'm doing at the moment, but if any of you folks have any extra suggestions on what to watch out for... then Thanks in advance.

Nick.

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  • 3 weeks later...

I have recieved the standard 'looking into your complaint' letter from Complaints Dept, but will be moving on to the next stage regardless.

I am about to go into the realms of nervousness now... Issuing the court papers.. Form N1 filled in, printed off and attached with spreadsheet including interest rates. I just have to wait for payday before i take it all to the Court! (probably re-print spreadsheet on the day, as amounts change).

Any advice or anything i might have missed, or need to know would be truly grateful!!

Thanks in advance.

Nick.

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Hi All,

I'm going to continue with my claim despite all the 'test case' concerns etc..

Using the new poc thats been kindly produced for our use, can anyone offer any advice on filling it in with the N1 form and what i need to look out for.??

Don't want to cock this up here...

Cheers

Nick..

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