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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • 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  
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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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Just Been To Court!!


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Banking isn't free, so I suppose the solicitor was correct in a way - the fact that he said the charges pay for it is an admission of guilt - if they only recover their costs (as they are supposed to), then how are the charges paying for anything? ;-)

 

We lend them our money at VERY little interest - they lend that money out again at a much, much higher interest rate and in any case get the libor rate overnight (including weekends) just for having our money sitting there.

 

Just pure greed - don't take his bulls**t, YOU are the one in control here, and he doesn't like it!! :-)

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As some of you's will have read I was to phone the solicitors today ahead of my court date next week. The same solicitor offered another A+L claimant the full amount last week, I wasn't so lucky.

 

I'm going to court and need advise, he got me on a few subjects and I don't want to muck up in court.

 

He offered £400, I declined, I said I will only accept my full £950, He says "IF IT GOES TO COURT YOU WILL NOT GET 100%"!!!. He then says, he does not have a blank cheque book and can not settle for the full amount I am claiming, again more bull as he settled with another member last week.

 

He goes on to say, "Do you expect the banks to offer banking for free, thats why there are these fee's" He caught me out a bit, I said it does not cost £25 to send out a letter, he then said "What would you be prepared to pay" I said I don't know but even the £12 set for credit card is very generous, I mean 40p for a stamp, 5p for envelope, 5p for paper,5p for ink, it may cost £12 if it came via Australia of something.

 

So is there truth that I will not get 100% of what I claimed. And what should I say in court if he asks about how much do I think each charge is worth etc.

 

Maybe just coincidence but I'm in court 29th June, court papers had to be submitted no later than 10 days before the case, today is 19th June, so he must be serious about court.

 

If It goes to court I am pretty sure I will loose, As my mother always said, if it wasn't for bad luck I wouldnt have any

I'd say he was trying it on, dj.

If it ends up before a judge, THEY are the ones who are supposed to justify the costs, you won't be expected to pluck a figure out of the ether and say "Well actually, Judge, I wouldn't mind paying say £2.21 per item even though lots of claimants have already got all their money back and therefore have had the same service for free!".

This is what this whole thing is about, getting a bank to stand up in court and explain once and for all how they arrive at the figures they charge. When the banks come clean and say it costs x pence or £x per item, then I'm sure we'll all gladly pay it, shut up and go away!

Precedent so far seems to be that claimants going all the way HAVE received 100% of their claim - so this was yet another SCARE TACTIC (they invent new ones every day and you have to admire their ingenuity even if you don't admire their morals!); hang in there dj - the fact that they have to try to scare people out of going to court is simply a deflection of the fact that THEY'RE scared to go to court! :cool:

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he's talking absolute bull****, if you win you will get the full value of your claim, [ unless something has changed in the last 3 weeks while i've been offline] and you'll get the s69 interest, unless you've gone for the C/I or the CCI, in that case it's up to the judge which rate you'll get. as for him saying about free banking, how come it's the people who can least afford to pay for this so called ''free banking'' that end up paying for it, when the only ones that actually get free banking are the ones that could afford to pay for the ''services''.

only you can decide if you've done the right thing, but IMHO you have.

make sure you're ready for court, but i'd expect another call v soon, offering the FULL amount.

if it does get to court, and you are asked about how much you think you should pay, then tell them you could only come up with an accurate figure if the bank was willing to FULLY DISCLOSE THEIR COSTS.

 

have you received their bundle yet???????????

 

good luck:D

 

 

I don't know about another offer, I was speaking to the listing officer today about my court bundle, I asked had the bank submitted anything, he said yes just this morning they got a letter from the banks solicitor saying they will be attending court next week.

 

Surly they wouldn't send this in if they weren't going to attend?

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Right, got my defence from wragg today, and it says i haven't "particularised", alto i sent them a list of dates and amounts, as per the calcuator. but it says I should send particularise each and every charge, specifying the amount charged, date of charge and explanation for the charge. Should i photocopy my statements and send them? Surely they have this info themselves?

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Right, got my defence from wragg today, and it says i haven't "particularised", alto i sent them a list of dates and amounts, as per the calcuator. but it says I should send particularise each and every charge, specifying the amount charged, date of charge and explanation for the charge. Should i photocopy my statements and send them? Surely they have this info themselves?

 

Sent them your charges schedule which details all the info. they need and mention you've already sent this to A&L and the court (if you haven't, do so now) and that you hope this clarifies your claim.

 

No need to do anything yet with your statements.

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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I know alot of us are up very shortly so i'd be interested to hear what exactly happens in the court room? I mean what questions are asked etc etc... Just to prepare me a bit for my date next wk

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i had the same happen with the halifax, and my case was unlikely to succeed, very dodgey as i'd made 1 very big mistake, anyway they still paid me in full , with only 2 days to go, and even if they do attend, as long as you've prepeared correctly then you shouild still win [ depending on the judge of course]

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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Why not pop down to your local court and ask the clerk if you can sit on some cases.

 

Its not as scary as people think it will be,

 

Have a read of the link in my signature

 

Hope this Helps, Paul

 

"Wisdom Begins In Wonder"

 

 

My advice is based on my personal experience and should be taken as such.

 

 

If I have helped you, Please click the Scales

 

 

 

 

Abbey WON - MNBA WON - BARCLAYS WON - HALIFAX(1) WON - BT WON

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i have been in county court

 

it was relaxed, civil and not at all scary (even though i lost - dont worry it wasnt bank charges)

 

the judge was knowledgeable and explained everything in plain english

 

i enjoyed the experience. i would love to get a bank into court wooooooo!

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Well in less than 40 hours I will be in court, So has anyone any tips/advice?

 

I'm a bit confussed about a couple of questions that will be asked like:

 

"I knew about these charges before I signed up so why did I sign up if I wasn't happy"

 

Also What is the difference between a Penalty Charge and an Account Service Fee??

 

As far as i'm aware the solicitor will not be turning up so does this give me a better chance etc??

 

Thanks for the help

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Don't know if this is good or bad but I'm just out of the court. I was claiming £970 + £200 odd interest against A+L. The defence did not turn up, Judge ruled I get £500 including interest plus the court fee. Reason being "You cant expect free banking"angry-smiley-030.gif

 

Check of the man Grrr. However on Monday the defence made me an offer of £800 so he changed it to £800 + the court fee.

 

I though if the other half didn't turn up it went in your favour!! Infact there was another person there claiming against someone, there defence did not turn up and it went in his favour.

 

Don't know what to make of it.

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i dont believe this you have to pay the court the money i dont get it at all what bank was it?

gheepers im waiting on a court date and am s******g myself, i am so scared of the word court know nothing about it so what are you going to do i would say the bank to pay it they didnt turn up carnt wait to read the replies to this one im sorry for you

abroadgirl

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Well didn't get the full amount, got £800 I claimed £970+ £200 odd interest,

 

Don't know if its good or bad.

 

Judge says you can't expect free banking

 

Well done dj, I can see the judge's point I suppose. At least it's all for you now.icon7.gif

 

By the way, I'm presuming Wragge didn't turn up?

A-Z CAG links to all documents you'll need for

your claim

(Thanks to Michael Brown for all his efforts)

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

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hey people

i'm just sat waiting, very frustrated, my court hearing is set to take place on 31/7/7, i am just sat waiting to see if they will pay up. my account is closed and has been for a little while now. it is reassuring hearing other people tell you there stories and what stage they are at. as far as i know A&L have never actually gone to court, but i got my court date about a month ago now and have had no response back or offer of payment.

just gonna keep holding on now... x

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dj, which court/judge was this?

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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