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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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Harry May

Default Notice Re-Issue

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Thanks PB, a lot of what you say above is slightly confusing to little old me I have to admit :???:

My opinion is based purely on my very small knowledge, I have no experience or links to anyone with such experience and therefore your opinion and advice is valued!

 

I have to agree, a typo is a minor technicality for the courts to actually make the decision that the agreement is therefore unenforeable however, if the debtor is not provided with the necessities that is afforded to them then surely this represents a prejudice issue? My case for instance does not involve a typo on a DN, no DN was present at all and there is a termination that resulted from this prejudice business error made by the creditor. So what reasons are DJ's giving of late for allowing another DN to be issued on an agreement that a reasonable person would deem none existent?

Lets say after a default on an account the creditor recovers the goods... No DN and no TN. This is the same senario only using a different entitlement afforded to a creditor after a valid DN.

Can the creditor return the goods, then issue a DN and a TN for the agreement to become capable of enforcement? To a reasonable person, if the goods were recovered or a TN was received either way one would believe the agreement is over and that the creditor no longer wants it to continue.

What I'm trying to fathom is what reasons for a failed defence is the DJ likely to return based on other cases?

 

Thanks

C

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Any update


VT against welcome finance costs returned

Refund against jetline travel

Caital one settled 6th November

N1 Filed Yorkshire Bank 26/09/06

£677+£172int.+£80Chgs acknowledgemment of claim recieved 29th/09,Defence recieved 27th October Recieved AO 30t hOctt Settled in Full 8th December

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Returning to this subject once again and the original post :

" If a default notice is invalid due to penalty charges or overstated amount or not allowing 14 days to remedy breach should that be enough to strike out their claim. And if so can the claimant then re-issue a new default notice correcting the wrongly stated items, even if this is two years later!"

I find myself in the same situation, HOWEVER, the o/c has reissued ( reprinted/conjured up/edited ) a default notice with exactly the same dates as the original ( 2009) but this time asking for the arrears and not the whole balance to be repaid. Surely this amounts to fraud and deception, as the original DN was defective they now have tried to correct their mistake. Account terminated and assigned during the default notice period to rectify in any case. Current dca is now asking for proposals to repay on the strength of this altered dn, how should I respond?

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In that case it's still a bad DN, Griffin. As they issued it retrospectively it's obviously impossible to remedy by the given date.

Staple it to the envelope it arrived in, noting date of receipt and sit on it (and the original) in case they take you to court.


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The latest DN was sent by the current chasing DCA who had asked for a copy of the DN from the OC. To all extents and purposes this DN now looks compliant, however it is not the same as the one I originally recieved.

It seems that certain american bank who issued loads of dn's like mine asking for the full balance, are now trying to put right their mistake. Convincing the DCA that they are still in the wrong maybe a different story!

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I'm also struggling to figure out if I have a defence or not. NatWest defaulted a loan in 2012 and we went to court, but the DN was defective (amount wrong, less than 14 days to resolve). The judge struck it out and as if by magic, a new default notice arrived in April 2013. It all seems to be correct but there is the small matter that the agreement was in effect, terminated when court action took place. Also, my access to the linked bank account/loan was unilaterally terminated in 2009 with no notice when arrears first started.

 

 

I have a trial date in 3 weeks time and keep finding conflicting information so I don't know if it can be successfully defended on this basis or not. Please advice, thanks

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?336532-RBS-taking-me-to-court-*Struck-Out*-**-New-claim-issued-by-RBS-**/page18

Edited by Andyorch
Posters link added

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I'm also struggling to figure out if I have a defence or not. NatWest defaulted a loan in 2012 and we went to court, but the DN was defective (amount wrong, less than 14 days to resolve). The judge struck it out and as if by magic, a new default notice arrived in April 2013. It all seems to be correct but there is the small matter that the agreement was in effect, terminated when court action took place. Also, my access to the linked bank account/loan was unilaterally terminated in 2009 with no notice when arrears first started.

 

 

I have a trial date in 3 weeks time and keep finding conflicting information so I don't know if it can be successfully defended on this basis or not. Please advice, thanks

 

Please start a new thread for your case.

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