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

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

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Any stays applied for against Barclaycard claims due to OFT bank charge test case?


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I have taken this text from the OFT website - it states that £12 is the maximum charge!

 

"The OFT is not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.

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Yes, LS123, and it states further that ...

 

"A fair default charge should not exceed a reasonable estimate of certain limited administrative costs which the [issuer] reasonably expects to incur as a result of default."

 

Noomill, my N1 includes removal of default as does my N1 for NatWest so you and I are in the same position ... just remind me when you filed your claim please. TVM

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This is all very good peeps!

 

I am currently telling anyone who'll listen to start on their CCards whilst the test case is in motion - no point wasting valuable time not suing anyone!

 

These little notes are also very useful, and no doubt will come in very handy!

 

Has anyone heard anything about the prelim hearing today? If there is anything in that that leaves a hole for us to get through I'd like to explore it, and make it work for us!

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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Hi

 

can anyone help me. I have won three Bank current account claims - one in and two out of Court.

 

I want to start a claim for charges on my credit card which I understand is a slightly different process?

 

Can anyone point me in the direction of any differences in what I actually claim - and in the paperwork - SAR, POC etc?

 

Fred

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The banks defence for current accounts, is based on there being no contract, and therefore they say the charges are fees for a service.

 

But with credit cards, there certainly is a contract. We have to stick within an agreed limit, and pay a minimum amount each month by a set date.

 

If you breach this contract, you are charged. So we are on much more solid ground with regards to credit card.

 

I am sure i have a letter from a credit card, confirming that the charges were for breach of contract. I will look through my papers.

 

I filed against Barclaycard for myself and a friend on the same day. Yesterday, they defended mine, but my friend won by default.

[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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Thank you for this thread, I was actually about to start one to ask the same thing - if the test case would effect credit card charges claims.

 

If I gather what's been said correctly, it looks like as the OFT have already 'addressed' the level of charges on credit cards and subsequently advised that they should be no more than 12 pounds, therefore, any stays on claims against credit cards wouldn't be entertained?

 

I have 2 by the way, one is with Capital One, I am unsure of the charges amount, but the balance is about 170 over my limit, which is predominantly charges. The other is Barclaycard which is sitting at almost 3000 (!!), my limit was 2000, but the charges were incurred before I began going over my limit. I took a look at the interest charges and late payment charges and nearly fell off my seat:

 

Over Credit Limit Charge - 12.00

Interest on your standard balance - 38.98 (!!)

Interest on your cash balance - 13.61

Total - 64.59!!

 

The previous months charges totaled 73.13 (Oh MY!)

 

Barclaycard have passed my account to Mercers Debt Collections Agency, so does anyone know if when I begin my claim do I send the S.A.R. to Mercers or Barclaycard?

 

Also, Capital One passed my account to a debt collections agency too and then I received a letter from them saying it had been passed back to Capital One and if I didnt pay up it would be sent to another debt collections agency, whats that all about?

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My account is also now with Mercers - I sent my SAR to Barclaycard and eventually got all my statements.

 

Take a look at my thread to see where I am going with this.

 

Anyone seen the BBC website this morning?! I am not allowed to post the link, but this has ****ed me off

Pre-tax profit at the bank rose 12% to £4.1bn

 

Go get 'em guys!

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aqualibrium- Mercers ARE Barclays! ;)

 

Just start your claim and serve it on Barclays Bank PLC t/a Barclaycard, when you know what all your charges are and how much interest youve been decieved into paying.

 

If you are being hassled by Mercers- send a CCA s.78 request, this will put the account into dispute, shut the bar stewards up and give you time to evaluate your charges situation.

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Cheers Moneyhelp,

 

I will pour over it, as I may be going down a different route from before here, depending on the amount of the charges. (With my Nationwide claim, I went down the FOS route, due to the amount of the claim being over the Summary Cause limit for Scotland)

 

Thanks Noomill060,

 

I like the sound of that CCA s.78 request, considering I have had to unplug my phone over the last couple of weeks to get peace! Even though all my creditors have been informed I am seeking debt advice and any offer of payment will depend on a thorough assessment of my financial position.

 

I don't suppose anyone could point me in the right direction to get info on this CCA s.78 request please?

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Send them this-

 

Your address

 

Their address

 

date

 

Section 78 request Account number XXXXXXXXXXXXXXXXXXXXX

 

Dear Sir/ Madam,

 

Under section 78 of the Consumer Credit Act 1974 you are ordered to supply me with the following:

 

1)A True copy of the excecuted agreement conforming to the prescribed format under the Act.

 

2)Any deed of assignment

 

3)A statement of the current balance you claim is owed under the credit agreement

 

I enclose the maximum statutory fee of £1 (Postal Order no. xxxxxxxxxxxxx) I retain the receipt for this and the reciept for this letter sent by Recorded Delivery (tracking number xxxxxxxxxxxxxxxxx)

 

Yours faithfully,

 

 

aqualibrium

 

Send a PO rather than a cheque- its verifiably traceable by the Post Office and they cant deny recieving this notice if you send it by Recorded. Keeping the reciept means you can prove they recieved it by using the Track and Trace facility at www.royalmail.com

 

They have 12 working days to supply you, after which time they have deemed to have made it unenforcable (until they do) and if they fail to do so after 30 they commit an offence.

 

 

Start a thread of your own so we know where you are, and keep us informed what happens.

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Thanks a lot Noomill.

 

I would just like to double-check something, am I right in saying that the purpose of the above letter is to put my account in dispute and that I send this along with my S.A.R.?

 

I will start a thread now. (here we go again :eek:)

 

Thank you for all your help!

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No, the purpose of the s.78 request is to force them to provide evidence that you owe them anything- until they do they cant hassle you or enforce whatever agreement they may have.

 

But, yes, it has a secondary effect of putting the account into dispute UNTIL they comply.

 

The SAR is a request for all the data they hold on you, including all the charges and interest charged on the charges.

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Sorry if this has been asked already !

 

I'm in court with Barclaycard on the 25th of Oct , and been asked to fax over my defense to their Legal Section , (what do I send ) also I have downloaded the basic court bundle of here but been told I have to put some details of mine on there , how do I do this ?

 

Any help would be great !!!

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My husband has a court hearing in September against Barclaycard. We have followed the reclaiming process all the way to exchange of bundles. A letter came through yesterday from the bank informing us of their intention to ask the Courts for a stay of the claim. Are they trying to scare us off and if so, does anyone have any ideas on what response we should make?

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I have just received a letter from my local court which states:

 

Upon reading the court file

 

And upon the court noting that a test case has been issued in the High Court between the Office of Fair Trading and certain banks, with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts.

 

And it appearing that the issues raised in the test case are similar to those in this claim.

 

THE COURT OF ITS OWN INITIATIVE ORDERS THAT:

 

1. This claim is stayed until 31st March 2008 with a view to awaiting the decision in test case. Either party may apply at any time, by application on notice in accordance with CPR 23, to lift the stay.

 

2. If no such application is made, the court will give directions of its own initiative on the expiry of the stay.

 

3. The allocation hearing listed on (date) be vacated.

 

 

 

Can someone please tell me what I should do now? I thought the stay was only applied in the case of current accounts. Who should I speak to?

Would appreciate any advice PLEASE !!

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There now seems to be a pattern forming here.

 

Shazza- I would recommend that you make a photocopy of this letter from barclaycard and send it, together with a letter to the FSA complaining about Barclaycard's abuse of the waiver, which ONLY applies to current account claims not credit cards.

 

lesley jane- you need to apply to have the stay removed for the same reason. Judges seem to be confusing credit card claims with claims for the return of unlawful penalty charges applied to current accounts.

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Would be interesting to know if any of those having stays applied have also been going for a removal of defaults?

 

I can't see how a judge can blur the two issues as the gap between them widens?

 

Would be good to know.

 

Cheers

 

Peter

Sign my petition to the Prime Minister here:

PETITION

Thanks

Peter

 

!!!WON!!!

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