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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Goodwill payment


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Several months ago I applied for and received a refund for bank charges.

 

About a week later I received another letter from the bank stating "Although we dispute your claim for refund of charges we would like to offer you a goodwill payment. If you accept this you must understand your claim will be void."

 

So I took the payment.

 

Two days ago the bank called me and stated "We made a mistake in paying you twice, we accept it is our mistake and we would like our money back"

 

Am I legally bound to repay or can I say tough luck I've spent it?

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Two days ago the bank called me and stated "We made a mistake in paying you twice, we accept it is our mistake and we would like our money back"

 

Am I legally bound to repay or can I say tough luck I've spent it?

 

i'm sure they will be able to recover their money if they have made a mistake in paying it to you. I'm sure someone with a clearer understanding in this area will be along soon.

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It would actually be illegal for you to keep the money, as you have knowlingly acquired funds that you knew that you were not entitled to... If you kept the money the bank could actually have you charged with theft, so I would recommend that you repatriate the funds with their rightful owner!

 

Sorry the news wasn't more positive.

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You could easily argue the second payment was part of their settlement with you and you could not have easily foreseen that the payment to you was anything other than a goodwill gesture. As such, should they now wish to claw back their 'goodwill' gesture, you similarly will not feel obliged to agree that you cannot pursue them for the unfair charges - therefore, they can either let you keep it (and not have a formal court claim) or they insist on the return, and you reserve the right to chase them as before.

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It would actually be illegal for you to keep the money, as you have knowlingly acquired funds that you knew that you were not entitled to... If you kept the money the bank could actually have you charged with theft, so I would recommend that you repatriate the funds with their rightful owner!

 

Sorry the news wasn't more positive.

 

No, you are under the asumption that I knew what i was doing was wrong. This is not so and therefore I cannot be found guilty of theft.

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You knew the money wasn't due to you, and the bank have advised you that they have credited to you in error. If you keep the money, you are therefore knowingly doing so and thus, committing theft.

 

There are a few other, older threads on this within this site, and the compactlaw website, but they all indicate that if you fail to repay the money you could be charged with theft.

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You knew the money wasn't due to you, and the bank have advised you that they have credited to you in error. If you keep the money, you are therefore knowingly doing so and thus, committing theft.

 

There are a few other, older threads on this within this site, and the compactlaw website, but they all indicate that if you fail to repay the money you could be charged with theft.

 

I may be charged with theft, but I won't be found guilty because I didn't know I wasn't allowed the payment as it was a goodwill payment. To be found guilty of theft you have to admit that you knew what you were doing was illegal

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One could say that the bank gave you two amounts of goodwill.

 

Since when was goodwill quantifiable.

 

And in any case, a goodwill payment by the bank can be accepted as part payment of your claim without making your claim "void".

 

If they have taken money from you unlawfully you have the right to claim it back.

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Is it fair to say you no longer have the money?

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So they are saying they really only intended to express half the goodwill that they actually did.

 

Goodwill is goodwill. How can you have half of goodwill?

 

Doesnt make sense. Carry on with your claim, accept what you have recieved as part payment, deduct this amount from what you believe they owe and and carry on with your claim.

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This is different to where a bank has accidentally deposited money into your account which belonged to somebody else - for example an input error meaning somebody elses deposit was credited to your account. In that example, the bank could quite rightly take back the money.

 

I think what has happened in your case is completely different and goes far beyond putting the money into your account "by mistake" - they have specifically offered you a goodwill gesture, which you have accepted. As far as I am concerned, it is a goodwill gesture, in the interest of customer relations, which they have no right to reclaim.

 

My own personal view, and this is really just me thinking out loud here is that the goodwill gesture they have given you is no different from if the bank manager had given you a bottle of scotch at Christmas - it is yours to do with as you please.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Absolutely.

 

The bank credited this person with money as a goodwill gesture. Whether the money was credited in one or two or twenty seven instalments is neither here nor there.

 

It was as a goodwill gesture-the bank didnt recognise the claim and went out its way to make it clear that the payment was not in settlement of anything.

 

It was paid as a goodwill gesture.

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The other point of view is that ignorance of the law is not a defence

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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The OP is entitled to belive the Goodwill payment is for inconvenience caused by their unlawful charges.

 

It would be interesting to know what the refunded charges were and the amount of the Goodwill payment.

 

They certainly dont like the boot being on the other foot.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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What did the bank say when they made the first payment? If they said, "Although we dispute your claim for refund of charges we would like to offer you a goodwill payment. If you accept this you must understand your claim will be void" or words to that effect, then it is patently obvious they made a mistake when they made the second payment. But I am not sure that it necessarily needs to be obvious that a mistake was made, which let's face it is the case. If a payment was made under a mistake it is recoverable - the law no longer distinguishes between mistakes of fact and mistakes of law and instead asks the question: has there been an unjust enrichment?

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1 - The account charges aren't unlawful, until they are proven to be in the test case. I get really frustrated by people that say this. I am on your side, guys, but you have to remain objective in your advice and information (until the test case is resolved).

 

2 - The bank contacted you within a reasonable period and acknowledged that they had made a mistake, and asked for their money back. If you think this is unreasonable, put the shoe on the other foot; if you had made a similar mistake to the bank, and cordially asked for your money back and the bank refused, you would probably be on here now starting a thread about how the bank stole your money...

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the way i see it, is, if you had a loan, or credit card, or something along those lines, and decided to make a lump sum payment to clear it, agreed the price with the bank for a full and final payment, made the payment and then accidentally made an additional payment, would the bank refund your mistake? i dont think so! they would take whatever money they could to cover the shortfall of said loan/credit card. this is the same thing, as far as i can see.

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1 - The account charges aren't unlawful, until they are proven to be in the test case. I get really frustrated by people that say this. I am on your side, guys, but you have to remain objective in your advice and information (until the test case is resolved).

 

2 - The bank contacted you within a reasonable period and acknowledged that they had made a mistake, and asked for their money back. If you think this is unreasonable, put the shoe on the other foot; if you had made a similar mistake to the bank, and cordially asked for your money back and the bank refused, you would probably be on here now starting a thread about how the bank stole your money...

 

I don't regard 10 months as reasonable

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