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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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      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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Corporate V Lloyds TSB


Robmids
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Thread Locked

because no one has posted on it for the last 6136 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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Hi Guido. Nic is right but I couldnt find my other thread. At the moment, the case has been referred to Leicester County from Northampton County Court as I applied online via the HMCS. Lloyds submitted their defence within the given time period. However my original plea was as for a personal account but the claim is for a business account which is why I am being advised by this website to submit an N244 to amend the plea and the N1 being the amended ple. You dont think this is necessary ? Please advise:confused:

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These are all your other threads, please advise which ones relate to this claim and we will get them merged.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/102360-business-account-lloyds-transfer.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/101186-help-lloyds-business-account.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/101179-business-banking-court-need.html

 

http://www.consumeractiongroup.co.uk/forum/welcome-our-forums/98396-corporate-business-reclaim-charges.html

 

On the face of it, however I would not advise to amend the PoC if you have used the consumer version from this site, as oppose to the business version of the PoC.

 

Once merged I will have a look at the entire matter and advise on post 7 with bit more certainty.

If I have been helpful please click on my star and add a comment.

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Guido. Hi. Thanks for that.

The first link is the thread I laid yesterday and is most relevant.

The next one is an intermediate thread which was a tidied up version of the next thread (In Court - need help) which I would ignore.

The last thread (Corporate (Business)) was my first attempt and gives an outline.

However, the first thing I need to know is what to do now. I spoke to the Court in Leicester yesterday who advised me that all the Bank reclaim cases have a backlog and was mine transferred from Northampton? yes I answered. "You will be informed when there is a hearing date allocated".

OK

Now, at this point in time, I entered a plea under the Consumer Act not realising there was a difference between personal and business banking. Lloyds in their defence have stated that too and wanted the claim to be struck off. Do I therefore need to re-start the claim using an N1 or do I ask for an amendment using N244 or do I just wait and see what the Judge says?

Or is there something else I need to do?

Thanks

Rob

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Oh, and ps, this particular thread was only asking for the registered office of Lloyds so perhaps when merging, they should all be merged ino the following thread being the most active and relevant ?

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/102360-business-account-lloyds-transfer.html

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Rob

 

Good luck with your claim.

 

Busines claims are slightly different, ie can't use UCTA etc.

 

However, one distinct advantage that Business claims do have, is that we often don't get "free banking".

This means that you can dispel any counter arguments they try to use, by saying things like "... we provided you with all manner of free services" etc.

It also means that on the charges schedules, they indicate what the cost per transaction is..... around 30p..... so it's difficult for them to claim it cost them 1000% more to deal with returning items !!

 

Looks like some peeps have already posted the business guide thread. which is very useful.

 

Hopefully also, a thread will appear in my signature, which is for another informal thread for business claimants to get together and discuss ideas etc.

Have a read of the thread, and subscribe to it?

 

Best regards

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Hi Guido.

 

Have you managed to unravel and sort some sense out of my threads yet? Really not sure what to do now so your help woud be appreciated.

 

Regards

 

Rob

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Ok Guys! Thanks for merging the threads. Now I need your help in getting some order to this. You have probably guessed that the stage I am at is that I am waiting for a hearing date from my local County Court and my please was as if it were for a Private Account. So, I need to know:

 

Do I need to alter my plea now or at the hearing ? and if so, how?

Do I need to complete a new N1 ?

Or an N244?

Which Act am I applying under?

 

Thats it basically. Look forward to hearing from you.

 

Regs:

Rob

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Robmaids - Hi,

 

I am also claiming on a private & business accounts. (with 8% S69 interest £18.6k in total). I have read all the posts here and have noticed that you do not seem to have read all the advice, as you are asking questions that are in the guide notes. It is absolutely essential you spend loads and loads of time reading all the guide notes, template letters and FAQ's.

 

On previous posts I have seen that CAG has the best advice and that MSE is easier to navigate. I do not think there is any rivalry at all, in fact following the Birmingham case, both groups merged to form one and set up a joint fighting fund.

 

As for navigating around here can be difficult, especially as you read forward and then want to go back to things can be tricky. I have found opening two browsers helps; and for going back - go right to the top of the screen, hit site map which takes you back to the opening page, and then BAG which takes you back to beginning.

 

I hope that helps

 

Best of luck with your claim -;)

 

 

The contact info is here - which is posted on the stickies.

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/236-lloyds-tsb-contact-details.html

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Evening Helpers;)

I have discovered my original POC which I would like to share with you. After reading this can you advise whether I need to use an N244 or let the thing flow? AND if I use an N244 do I have to submit a new N1 ? I realise I havent read all the docs on here Peter but I was thinking my wuestions would get a simple yes/no answer. Anyway, here we go:

 

"The claimant refers to defailt charges applied to its account amounting to ****. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from **/**/** of **** and also interest at the same rate upto the date of judgement or earlier payment at a rate of 8%. The claimant wrote on the 24/04/07 about the intention to claim through the court. To date, no response has been received. This claim is based on the Unfair Terms in Consumer Contracts Regulations as the claimant believes these charges to be unfair. The defendant has already agreed ti pay back these charges on the claimants personal account so precedent has now been set."

 

Comments duely welcome.

 

Rob

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  • 2 weeks later...

Hi Folks.

Am I to presume that if I receive a P&C letter from Lloyds stating "without Pred" then I cant reveal the contents on here any more than in court? or, is it only P&C and WP in court? (The contents would be positive for all readers on here.)

Rob

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Hi All.

Have decided to open a new thread as my case has taken an interesting turn.

Originally we applied via the HMCS but put in the wrong plea - one for consumer instead of corporate. The defendant put this in their defence. The case was referred to my local court and have been waiting for a hearing date.

During the wait I had a letter from the defendant offering full and final settlement, 100% as it would cost too much in litigation. This I accepted and yesterday I had a letter from them confirming receipt of my agreement to their offer and the money woul hit the account within 7 days. Cool. WIN !!! ????:confused:

TODAY I get a letter from the Court saying that the Judge Blah has ordered that the claim is struck out on the basis of the original defendants defence.

Now, what do I do? The date of the offer from Lloyds is 4 days before the date of notice from the court although the Judge made the decision 8 days PRIOR to the letter dated from the defendant.

Which date is valid ?

Is the offer letter from Lloyds still valid ?

I have written to the court as requested by the defendant confirming an out of court settlement.

Would I be right in thinking that as they have offered and I have accepted settlement out of court AND they have confirmed my acceptance BEFORE we received the Strike-Out notice from the court, they are still legally bound to refund?

Your comments would be gratefully received.

 

Rob Mids

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Bump

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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It means Bring Up My Post - and what this does it bring it back to the top of the list; I did this as your Q has not been answered. From what I have read here it looks like you've WON :) - but sadly I am not an expert on this.

 

The very best of luck

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Thanks for that Peter. Don't know whats happened to Martin and the others - have deserted me :-( am not holding my breath until I see the um firmly in my account - THEN I willpost a message. Not wanting to sound smug but I think I got this one on the skin of my pants. The Judge was right but saved me from amending my plea. All I need now to do is keep the account within the limits and hopefully wont have to do this again.

 

On my personal account, they gave me 80% of the claim back B4 court but have since charged a further £250 so I have politely asked that having set a precedent, until they change their pricing policy I request these charges returned. Bugges charged £60 for going ove 0.19p on one occasion !!

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Robmids - Hi,

Same again I am afraid, you will have to go through the same process p-l-e-a-s-e do not let them get away with it - get your money back. They will not change their policy and will keep on charging you. IMVHO the OFT will eventually get their act together and get them to reduce their charges - may e the same as credit cards sort of £10 or £20 - BUT still does not mean that these charges are legal; just look at what they have done to the credit cards, the OFT have set a maximum limit, but hey-ho, they simply charge the maximum set down the OFT, just cos OFT have set a maximum does still no mean they are legal.

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

Please remember to DONATE when you have WON

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Hi Peter and Everyone!!

 

SUCCESS !!

 

If you have read the above and my concerns, read this:

 

The money was credited to my account this morning !!

 

Now, unless I am totally mistaken, they can not take it out again without my authorisation ?

 

I have also sent a letter to them thanking them for the refund on my private account but since that refund, have charged a further £250 which I have requested a refund for - now that a precedent has ben set and all that.

 

Thanks to all who helped.

 

Rob

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Hello everyone. This is funny. There's a right twist to this story - read on..... (the following copied from a thread laid yesterdayOriginally we applied via the HMCS but put in the wrong plea - one for consumer instead of corporate. The defendant put this in their defence. The case was referred to my local court and have been waiting for a hearing date.

During the wait I had a letter from the defendant offering full and final settlement, 100% as it would cost too much in litigation. This I accepted and yesterday I had a letter from them confirming receipt of my agreement to their offer and the money woul hit the account within 7 days. Cool. WIN !!! ????:confused:

TODAY I get a letter from the Court saying that the Judge Blah has ordered that the claim is struck out on the basis of the original defendants defence.

Now, what do I do? The date of the offer from Lloyds is 4 days before the date of notice from the court although the Judge made the decision 8 days PRIOR to the letter dated from the defendant.

Which date is valid ?

Is the offer letter from Lloyds still valid ?

I have written to the court as requested by the defendant confirming an out of court settlement.

Would I be right in thinking that as they have offered and I have accepted settlement out of court AND they have confirmed my acceptance BEFORE we received the Strike-Out notice from the court, they are still legally bound to refund?"

 

NOW THINGS HAVE CHANGED:::::

SUCCESS !!

 

If you have read the above and my concerns, read this:

 

The money was credited to my account this morning !!

 

Now, unless I am totally mistaken, they can not take it out again without my authorisation ?

 

I have also sent a letter to them thanking them for the refund on my private account but since that refund, have charged a further £250 which I have requested a refund for - now that a precedent has ben set and all that.

 

Thanks to all who helped.

 

Rob

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Question for Anyone:

 

I had a Barclays account for many years which was closed when the Company was placed into liquidation. That was way back in 2002. I bet there's some whopping charges on that account from memory, is it worth claiming or as the Company is no longer a legal entity will that have died with the Company ?

 

Rob

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