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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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Copy arrived from court and papers from Restons about Charging order. Similar papers sent to my wife. I will post up tomorrow. Dont trust Restons at all.

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Ok, as I read it you have agreed to judgment against you.

 

1. Your to pay the costs of the claimant immediately

 

2. The total sum to be paid by £100 per month until repaid starting 10th Feb (GET a standing order setup for at least a couple of days prior to this if you can afford it)

 

3. They can apply for a charging order but can take no further action so long as you keep to the agreement.

 

Did they try for interest? was it mentioned?

 

s.


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Ok, as I read it you have agreed to judgment against you.

 

1. Your to pay the costs of the claimant immediately

 

2. The total sum to be paid by £100 per month until repaid starting 10th Feb (GET a standing order setup for at least a couple of days prior to this if you can afford it)

 

3. They can apply for a charging order but can take no further action so long as you keep to the agreement.

 

Did they try for interest? was it mentioned?

 

s.

 

Could the OP apply for an N245 redetermination for £100 pcm??

 

That way the CO would not be allowed

The CO is only allowed as the OP has failed to comply with the Order (i.e. forthwith)


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Ok, as I read it you have agreed to judgment against you.

 

1. Your to pay the costs of the claimant immediately

 

2. The total sum to be paid by £100 per month until repaid starting 10th Feb (GET a standing order setup for at least a couple of days prior to this if you can afford it)

 

3. They can apply for a charging order but can take no further action so long as you keep to the agreement.

 

Did they try for interest? was it mentioned?

 

s.

 

Interest after judgement was not mentioned.

.

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and is not payable on a regulated agreement debt

 

Really?

 

I openly confess I havent looked back through the history of the case so dont know if it applies in this instance or rather could have been applied for but post judgement interest is allowed as far as I'm aware if the terms&conditions allow it and the default notice warned of it.

 

S.


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We've now received a load of stuff from the land registry which seems to say we cant stop this charging order going ahead. Any suggestions please.

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We've now received a load of stuff from the land registry which seems to say we cant stop this charging order going ahead. Any suggestions please.

 

???

 

I'm confused... I thought you got what you wanted... the consent order gave them judgement, they can obtain a charging order to protect the money owed but they arent allowed to proceed to any further enforcement so long as you keep paying the £100 per month and pay their solicitor fees now.

 

Is this not what you expected?

 

S.


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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Didn't know what to expect tbh. I didn't agree to pay the sols costs now, its supposed to be added to the total.

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Could the OP apply for an N245 redetermination for £100 pcm??

 

That way the CO would not be allowed

The CO is only allowed as the OP has failed to comply with the Order (i.e. forthwith)

 

You sure GH? re-read the judgment again, it clearly states the CO is allowed to be applied for despite agreement of £100 PCM.

 

or are my eyes decieving me (or my brain confusing me :-))

 

S.


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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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the order says that in return for accepting your payments you agree to the charge being registered but they agree that if you keep up the repayments they cannot apply for an order for sale

 

IMO the order also means that cannot even apply at any time for an order to redetermination of payments- since they agree in the order not to take ANY further action

 

i would advise two steps

 

1/ if the due date for payments is close to your pay going into your bank- make an extra payment up front and /or ask for the repayment date to be moved to at least two week safter your pay normally goes into the bank

 

2/ set up a standing order (not a direct debit) for the payments and again make sure that this is dated for 7 days before the date it is actually due

 

this is to ensure - that due to any possible banking problems or crisis- bank holidays etc- that you do not miss the payment deadline

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Really?

 

Really :)

 

I've blogged about it sir:

 

http://www.consumeractiongroup.co.uk/forum/entry.php?191-Post-judgment-interest-on-CCA-regulated-debts

 

I'll take a look at the rest of the trhead once I'm home as my work PC doesn't allow me to view linked images.

 

But it sounds like they've gone for a Hybrid order - which I thought were dead and buried a LONG time ago.

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Really :)

 

I've blogged about it sir:

 

haha youre too prolific with the blogs, I cant keep up.

 

Thanks for looking in, much appreciated.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

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Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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the order says that in return for accepting your payments you agree to the charge being registered but they agree that if you keep up the repayments they cannot apply for an order for sale

 

IMO the order also means that cannot even apply at any time for an order to redetermination of payments- since they agree in the order not to take ANY further action

 

i would advise two steps

 

1/ if the due date for payments is close to your pay going into your bank- make an extra payment up front and /or ask for the repayment date to be moved to at least two week safter your pay normally goes into the bank

 

2/ set up a standing order (not a direct debit) for the payments and again make sure that this is dated for 7 days before the date it is actually due

 

this is to ensure - that due to any possible banking problems or crisis- bank holidays etc- that you do not miss the payment deadline

 

We don't have a bank account and will probably never have one again. We pay all bills in cash or building society cheque, will of course be sending to Restons using registered mail. We will also be paying more than we should so as to be in front with payments.

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You sure GH? re-read the judgment again, it clearly states the CO is allowed to be applied for despite agreement of £100 PCM.

 

or are my eyes decieving me (or my brain confusing me :-))

 

S.

 

Well, that's what I would do - the CO is ONLY being allowed as the original Judgement is forthwith (not £100 pcm) and hence the debtor is already in breach of that Order

 

If the original Order can be redetermined to £100 pcm until debt is cleared then, as long as those payments are made any further enforcement of the debt would not be allowed.

 

AFAIK the test is of the debt being repaid in 'a reasonable time'


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They already have an interim order, how? I wasn't notified of any application or hearing about this.

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They already have an interim order, how? I wasn't notified of any application or hearing about this.

 

An interim order doesnt require a hearing.. it just needs an application from a creditor and the courts just need to be provided evidence you own or have a part ownership in the property (land registry will show this).

 

Its the permanent charging order that comes with a hearing.

 

S.

  • Haha 1

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Application for SJ

Last paragraph on continuation sheet 1 and the bit about PPI. This has not been refunded and so does this make the court order wrong as the amount they've sued me for is incorrect?

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Last paragraph on continuation sheet 1 and the bit about PPI. This has not been refunded and so does this make the court order wrong as the amount they've sued me for is incorrect?

 

I take it you are referring to the trial? if so Judgement has been obtained, the time to point out any errors was at the trial or before.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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