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    • Well done...just a slight tweak on your point 3 re default notice.....you will note that the claimant has been particular careful not to state the actual words Default Notice within its pleadings....so I have redrafted your point to bring it back into the claim.   Andy
    • Ok, defence is due by this Friday, so here's my first draft (cobbled together from others I have read here on the forum). Please can someone check it over and amend where necessary? Many thanks.   Particulars of Claim for reference only   1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXX 2. The Defendant failed to maintain the required payments and arrears began to accrue 3. The Agreement was later assigned to the Claimant on 23/09/2019 and notice given to the Defendant 4. Despite repeated requests for payment the sum of £620 remains due and outstanding.   And the Claimant claims a)      The said sum of £620 b)     Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.136, but limited to one year, being £50 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 fully 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. Paragraph 1 is accepted in as much as I have in the past had financial dealings with Vanquis. However I do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a CCA1974 section 78 request. I am unaware of what account or contract the claimant refers to.   3. Paragraph 2 of the claim is noted although I am unaware of any Notice of Sums in Arrears or actual Default Notice being served pursuant to sec87(1) of the CCA1974 by the original creditor.Therefore the assignee claimant is put to strict proof to evidence same.   4. Paragraph 3 of the claim is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in September 2019.   5. The defendant submitted a request for documents pursuant to CPR 31.14. on 9 November 2020. The claimant acknowledged receipt of the request but has failed to comply.   6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974 on 9 November 2020. The claimant has not acknowledged receipt of the request and has failed to comply.   7. 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 with Vanquis; and (b) show and evidence the nature of breach and service of a Default Notice pursuant to sec 87 (1) CCA1974, (c) 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;   8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   9. In the alternative, if 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.   10. 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.  
    • CPR is merely a request, they don't have to comply.  However, if this gets to Witness Statement stage they will certainly have to show their cards at that point.   Yes, please redact & upload the other two letters.  We're particularly interested to see if they sent him a formal Letter Before Action or not.   Also please post up what he wrote to them.  In your first post you hint he admitted part of the sum. 
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hi this is the first time i have posted on the forum

i have been reading the posts and trying hard to grasp the information i took a lbl out last year break up of marriage desperation anyway all was ok till dec startred suffering with depression had to cease work monthly payments where 39.20 somehow through charges i accrued 240 arrears paying 40.00 per week now cant cope strugglin on my own living on ssp paying mortgage etc went to cab they are too busy didint seem to know anything bout lbl or how to advise was shocked.

i dont want to lose my car its my lifeline at minute cant afford 40.00 per week having letters and txts from lbl reminding me (as if i need reminding every day) of arrears and my default please someone help advise needed not coping this is taking over my life !!!!!

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If you get no joy try the National Debt Line they are very helpful, if you are really struggling try CCCS they offer advice and can help to get payments reduced. There are letters you can send to help stop the phone calls. I am sure someone soon will come along with lots more knowledge than I have. I know you feel helpless but you will get loads of help from the people on this forum. I have. DG:)

I have no legal training my knowledge comes from my personal life experiences

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CCCS is the Consumer Credit Counselling Service you can find them on the web check out their website. If you ring them they will make an appointment to ring you back at a convenient time and date. It may just be worth your while having a chat with them. In most cases creditors accept their offers. As everyone will tell you what you haven't got they can't have. Please try to cheer up - everyone is here to help and we have all been in the same situation - in debt - and still are. You will get plenty of advice from this forum - the advice is from everyones own experiences.:) DG

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Thank you i have been reading this forum for a couple of weeks only there is such a lot to read its hard to take it all in and not knowing where to start this advice will help me to now move forward i hope and try to resolve this , i have read where they just come sometimes early ie 5 am and take the car is this still happening if so how do i prevent this ? Do lbl accept offers when i have tried to negotiate they just said if i could not afford the payments i should consider letting them take my car i originally had 1300 the settlement is 8000 they said if i pay now they would reduce this to 1900 i cant believe i have been so silly

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just trying to get you back onto first page DG

I have no legal training my knowledge comes from my personal life experiences

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browneydgirl

 

first

dont panic, we are all aware on log book loans, they are becomming as bad as welcome finance,

 

ill dig out some threads and post a links for you to know how these muppetts operate,

they can be beaten as they are nothing but legal loan sharks,

 

back soon

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Please don't worry we are all in the same boat or were that's why the help from this forum is great because people have been through and are going through exactly the same emotions as you are. Try to keep your chin up. DG:)

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Thank you DG have been reading some more threads from postggj trying to wade through the information have registered with national debt line via email maybe hear something tomorrow and contact lbl again with another offer ?

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Please do not sell your car. We had a car took of us because the owner before us took a lbl on it then stopped paying. We lost a lot of money as we have no rights to the car. We now fighting to get money back.

 

If you sell the car it can be took from the new owner, they don't have a leg to stand on other than taking you to court for fraud.

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Have spoken to cccs they have made an appointment for me to speak to one of their counsellors on 28th april who hopefully will be able to help me further with this nightmare thank you for all your advice.

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Please keep reading the threads they are very useful. If you get letters etc., anything that you need help with post them on your thread everyone will take a look and help. Only sorry I don't know anything as such on this subject. DG:)

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you can go to your local court and obtain an injunction which will prevent them from being able to take your car....at the same time ask the judge for a time order which will give you more time to pay. Its not difficult but if they arrive at your door they will take ur ar so get the order NOW.

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If you knlow someone with an empty garage put it in there when you don't need it. DG:)

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browneyedgirl...you need to go to your local court and fill in a form number N1 it will cost you 150 pounds but will stop them in their tracks. you apply for an injunction on the basis that they have threatened to take your car and you are disputing their bill of sale which you believe was not executed properly..ie if you did not sign it in front of an attesting solicitor then in terms of the bills of sale act 1878 ammendement act it is void. also tel him you are having difficulties financially and ask him to freeze the intrest and ask him for and extended time order. Also tell the judge they are a company of ill repute and that the oft are minded to revoke their license. you can verify this by looking at other threads on this site that refer to log book loans...im sure this will help if you do it.

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i havnt got 150 pounds i did not sign in front of a solicitor just their rep who signed as witness i have got telephone appointment with cccs on the 28th april just hope by keep paying the 40 a week it will keep the wolves at bay go without heating on my pr payment meter rather than lose my car !!!!!

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