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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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isoprox

Nemo - Repossession hearing please help***SUSPENDED***

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I honestly don't think the judge will order eviction - do you know if there are any duty legal reps at the court in the morning ? if so approach them and they will accompany you into the hearing to support your case. Do you know what you'll say if the judge asks why you didn't pay as per the proposal you made in March ?


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I'm not sure if there is a duty solicitor , but I will ask when I get there, if the judge asks about March and April payments I'm going to say that they refused payments, I am able to pay a lump sum of a £1,000.00 off the arrears but not until the 26/05/16 if need be I will offer this if I think it's going against us, within my defence statement I have given a full proposal and also have given accurate figures of arrears and balance in 2013 and to be honest since 2013 and current we have paid of nearly £8,000.00 of the balance since 2013 so it clearly states we have paid a good lump of it I hope these facts and figures helps with the decision.

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Did the lender actually refuse to take payment from you or did they just refuse your proposal to repay the arrears? Whichever way, the judge would think you should have kept these payments to one side and if you had made these payments the judge would see that you were committed to clearing the arrears.

I take it you no longer have the money for the March & April payments?


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They refused the proposal, yes we do have most of it

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Just because they refuse your proposal doesn't mean you stop paying altogether, you should always make payments especially as an eviction notice is imminent - you need to show that you are sincere about sticking to regular payment.. My concern is that the judge sees you made a proposal to pay a few months ago and then didn't make any payment - this could be seen as you not being commited to reducing the arrears. It would have been helpful to your case if you had paid the money you have before the hearing.


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We have made a significant payment since 2013 to show that we are committed to paying off the loan and the arrears

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I know what you mean, but at the end of the day you made a proposal to pay and then didn't make the payments in line with the proposal or keep the payments to one side so they could be paid when necessary.

 

In any case, it may not be an issue, but you need to know the judge could ask the question, that was what was worrying me.


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And too be honest if we need too we could somehow get that money for March/April payments and say that we kept aside as we didn't know what the outcome was going to be and that we would need this for deposits if we needed to rent etc

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And by the way I must thank you for the defence letter I ran it past someone I know and they said it's the best n244 they had Seen so thank you

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Tomorrow is another day unfortunately it's Friday 13 th

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And by the way I must thank you for the defence letter I ran it past someone I know and they said it's the best n244 they had Seen so thank you

 

Thank you for those kind words - I just want to give you the best chance possible and it's lovely to know it's appreciated :)

 

Glad you have thought of something to say if asked about those payments. It may not come up but I just wanted you to be aware of anything that might be an issue so you're prepared.

 

I'm sure it will all go well for you tomorrow - please don't forget to come back and give us the good news :)

13 can be very lucky :)


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Thanks for your support ell-nn

And I will send you the good/bad news

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I'm sure you will be sending me the good news ! :)


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If decision goes the wrong way am I allowed to ask for longer stay or can I ask for time to stay in the house and sell

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You can always ask - but I don't expect you'll need to :)


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SUCESS GOT THE EVICTION ORDER SUSPENDED many many thanks ell-Enn the judge tore the representative apart

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Brilliant ! you obviously got a good judge :) Can you give us a bit more detail about what was said in the hearing ?


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I have changed the thread title to reflect this was nemo

 

 

dx


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tidied and merged the many threads on the many attempts by nemo to do this to you as well.

 

 

have you ever sent them an SAR to get all the statements?

 

 

if not do so.

 

 

I see you've had many debt management visits

and must have horrendous arrears, letter, etc etc fees

ALL these can be reclaimed back off the outstanding balance.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I will give a full detailed report about the hearing and I can't thank you enough ell-enn

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I look forward to reading it :)

 

I bet you're glad you didn't pay one of those repo companies now - they wouldn't have done anything more than we did for free


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Ok I have had a bit more time to reflect on what a awful day we had yesterday and the days running up to the hearing,

 

well I arrived at the courts really early so that I could have a chat with on duty solicitor, and also the representative for nemo, my hearing time was for 14.30 however I didn't realise that all the other people in the waiting room was the same time,

 

it was getting on for 14.20 so I was petrified that I wasn't going to get to speak with the other parties, in rolled the rep for nemo, and she asked if we could have to chat try and come to a agreement before we went into the court room, to be honest she was being really nice about it all, but after I have reflected on it she was sort of doing this to get me cough up a better offer,

 

I put my proposal forward to her to pay a extra £100 plus the normal monthly payment she was very unsure that nemo would agree so I offered her a lump some of £1000 to be paid by the 26th of this month plus the £100 and the normal monthly payment of £286 by the 1st of next month,

 

she contacted nemo to see if they would accept, after about 5 minuets she got a call from nemo and they accepted the offer so I was so relived, next the duty solicitor came and appologised for they delay the rep explained that we had come to agreement so there was no need for a meeting the duty solicitor asked if I was happy and I agreed,

 

we then were called into the court room sat in front of the judge the rep explained to the judge that we had all agreed a proposal, and his response was to ignore her and went through my n244 she said again we have agreed he told her to stop talking as it was his decision to agree the proposal

 

he asked me how I got into the arrears and explained, he was really nice with me and then asked the rep how much the arrears were in total then how long was remaining he did his calculation and said to her I am ruling the norgan statement and dropped the payment to £60 plus the normal monthly payment,

 

she said I had offered a lump some of £1000

he said to me can I afford that

I said it would be ok

he said no you're not

I want to leave you with some left over

you only need to pay £500 and

then said to the rep you set people to fail

so in 2 months time you're back on their case

 

he wouldn't let her speak at all I was flabbergasted ,

 

 

SO I CANNOT THANK YOU MORE ELL-ENN I

hope this helps anyone that finds themselves in this position and please advice before you go to court.

Edited by honeybee13
Paras.

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What a result ! I''m glad you got a judge who knew how these lenders and their reps operate- and reducing your monthly payment was a great win for you. You must be so relieved.

 

You must make sure you don't miss any payments - even by one day - or they will immediately issue another eviction notice. If possible you should try and pay a couple of days early to ensure they receive it on time.

 

Well done for staying strong.

 

When you are back on your feet you might consider making a small donation to CAG. The site is run solely on donations - every amount, no matter how small, helps us to keep the site running and continuing to give advice on these situations.


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