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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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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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.

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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hi there,yes i can see what you mean-crafty so-and so's.

i'll now compose another e-mail to NW +see if they answer this time.!

bet she ignores me again:p.

anyway thank you for doing this for me -wait for next instalment!

hope you get some response to yours soon too-you're a star!

shirl

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hi there,yes i can see what you mean-crafty so-and so's.

i'll now compose another e-mail to NW +see if they answer this time.!

bet she ignores me again:p.

anyway thank you for doing this for me -wait for next instalment!

hope you get some response to yours soon too-you're a star!

shirl

Who you dealing with is it DE

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi ,

yes it sure is-you had dealings with her?

don't think she likes me!

shirl

 

 

That has made me laugh out loud. Well I never, I actually think she is sweet, but does tend to ignore you, :rolleyes: well we best keep at her eh:cool:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi HHNF & Shirl, it's the other Shirl (s) hijacking again!

 

HHNF. how on earth did you find out that they were charging the total intereset premium each year for 10 years?

 

what on earth would have possessed them? was it some kind of clerical error? i mean how could they justify trying to get away with charging this type of interest?

 

i know i know they are a large financial instit and all that, but they couldnt seriously have expected to get away with it? are they not audited? there must be some outside agency go in on a reg basis and check over their paperwork (live cases). ie random samples on each of services they offer.

 

by the way first draft of POC done, but taking a break to go back and review over the weekend. got struck on how to introduce the mis representation act into claim, and fraud act 2006 (which i will have to read up first).

 

will post on my thread when complete. if nothing else it will put a smile on your face, as i am sure it will read like the biggest load of BS you have ever read in your live, bigger even that the BS we customers have been getting from the financial instit for years. this will only be because not sure how to state the facts so that they look as impressive as the points on bank charges POC. but hey gotta start somewhere

 

Shirl. good luck with your next email to nasty west.

 

have either of you thought about inviiting this young woman over for tea one night or arranging to meet over a game of golf and thrash out the matter:) the personal touch of a whack round the head with a golf iron or tea pot should sort out the reclaim issue pronto :D that or a short term in clink, but dont worry as long as you are out within 6 years of raising your original complaint you will still be able to follow it up on release:D :D :D

 

please excuse me in a silly mood. and of course i dont advocate violence;)

 

Shirls

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  • 2 weeks later...

Well,here i am again,

After sending 4 e-mails the woman (to be known as ms x) has finally replied!she answered none of my questions to her.:mad:

After telling me the ppi was provided by NW,she has said that Norwich Union provided 1+ Sun Alliance provided the other.:(

I sent another e-mail back outlining the 6 points i wanted answered+got a p***off letter back!!:eek:

miss x says i've got all info they have hmmmm......so go to court if you want(or words to that effect!)

so...think i have to go court route now.or does anyone know of anybody else i can pester?!!:D :D :p shirl

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Well,here i am again,

After sending 4 e-mails the woman (to be known as ms x) has finally replied!she answered none of my questions to her.:mad:

After telling me the ppi was provided by NW,she has said that Norwich Union provided 1+ Sun Alliance provided the other.:(

I sent another e-mail back outlining the 6 points i wanted answered+got a p***off letter back!!:eek:

miss x says i've got all info they have hmmmm......so go to court if you want(or words to that effect!)

so...think i have to go court route now.or does anyone know of anybody else i can pester?!!:D :D :p shirl

 

Possibly the ICO for non-compliance with your SAR.

 

I have just sent them a lba for non-compliance of my SAR I have given them 7days and then I will file a n1 to court. I have to make a stand now.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 3 weeks later...

Hello again,

Does anyone know for definite whether interest to present date can be claimed on PPI?The reason I'm asking is because I've been reading around +all I've seen is 'refund of all payments of PPI +interest'

Does this mean only interest on payments paid?or interest on these +interest to date?

Had final response letter plus bit of arguing with them-they won't listen +just repeat same goodwill gesture blah blah-they won't talk to me any more:cry:

So want to be very sure before I start court action.Getting really down about this now.Frustrating when you know they're keeping info back+lying to you;) Gotta cheer myself up!:D shirl

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Hello again,

Does anyone know for definite whether interest to present date can be claimed on PPI?The reason I'm asking is because I've been reading around +all I've seen is 'refund of all payments of PPI +interest'

Does this mean only interest on payments paid?or interest on these +interest to date?

Had final response letter plus bit of arguing with them-they won't listen +just repeat same goodwill gesture blah blah-they won't talk to me any more:cry:

So want to be very sure before I start court action.Getting really down about this now.Frustrating when you know they're keeping info back+lying to you;) Gotta cheer myself up!:D shirl

 

Hello Shirl,

 

Hope you are well and keeping up the good fight. I truely know how you feel regarding the fact that they keep information back, oh and they do tell mistruths continuously, but hopefully they catch themselves out.

 

Now regarding the interest thingy. You claim for the ppi and interest that they attached to the ppi. That is the amount they charged you for the ppi. You calculate that from the date of the start of the loan to the date that they pay it back, either at the statutory rate of 8% or the contractual interest rate of the loan, ie, 17.9%, 9.9%

 

Did I not help you with the figures before??????

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi Sandra,

yes you did work figures out for me but starting to doubt myself now!I was clear on what to claim but Ms DE says shes offered PPI refund +interest +thats the end of it.I .looked on few links +they all seem to say 'refund of payments +interest' so started thinking........mmm maybe I got mixed up!:confused: BTW dont bother going to top man-he doesnt want to know either!I told them how I found info by ringing different depts + they said will not enter into any more correspondence:D

have you had final response letter yet?

 

shirl

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Hi Sandra,

yes you did work figures out for me but starting to doubt myself now!Think that is was they want to achieve. I was clear on what to claim but Ms DE says shes offered PPI refund +interest +thats the end of it. Who is she???? the LACKY I .looked on few links +they all seem to say 'refund of payments +interest' They always applied interest to the ppi.so started thinking........mmm maybe I got mixed up!:confused: Easy doneBTW dont bother going to top man-he doesnt want to know either!I told them how I found info by ringing different depts + they said will not enter into any more correspondence:D

have you had final response letter yet?

 

shirl

 

Hello shirl, no I don't think they have issued me with their final response yet, but I think I will ask for it. and then get them.:-x

 

Can you pm me with the Name of the top man please

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello,

still thinking about going court route but have a few questions if anyone can help please.

As the issue isn't really the mis-selling (as they've made offer) but the interest,do I put in claim for PPI amt+int at rate they took plus interest to date?(I asked NW for contractual)

Or do I put claim just for PPI amt+int they took?and ask for 8%?

shirl

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Hello,

still thinking about going court route but have a few questions if anyone can help please.

As the issue isn't really the mis-selling (as they've made offer) but the interest,do I put in claim for PPI amt+int at rate they took plus interest to date?(I asked NW for contractual)

Or do I put claim just for PPI amt+int they took?and ask for 8%?

shirl

 

Hiya Shirl,

 

The court will allow the premium and interest they applied to it. and then Statutory 8% from the date the loan was taken to when they pay it up.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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