Jump to content


  • Tweets

  • Posts

    • 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. ]
  • Our picks

ukaviator

What Made You Smile Today?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 370 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

:)

i dont see the emphasis on the MC today. historically yes. but, it was re the then 'Parliament' v the crown. the crown no longer has any practical effect re parliament. whats needed now is a people v parliament. ie a modern day bill of rights.


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

I think all kids should be made to learn the maths tables and say them backwards. Learn 4 passages from each of Shakespeares works and be able to recite the MC verbatim. Then, and only then, should they be allowed to progress to the best subjects like cricket and sex education.

Share this post


Link to post
Share on other sites
Watching customers in a Tesco buying Easter eggs.

 

 

We saw Valentine cards in one of the shops before Christmas.

Share this post


Link to post
Share on other sites

The new colour of my Bathroom :)


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites

collecting the tokens for a £9.50 holiday, been on a fair few and reccomend them to any one, the accomadtion is superb . Not had a holiday for a long time so hope manage to get one this year :)


If I owe you money, take a number and join the queue. If you owe me money pay up and shut up

 

 

 

 

[sIGPIC][/sIGPIC]

Share this post


Link to post
Share on other sites

I know I shouldn't laugh:

 

Someone posted on Facebook that some people starting a certain Open University module next month received a DVD through the post. Instead of receiving a DVD with course material, the DVD had a kids TV program on...

 

There's a box in the dinning room which one of the dogs likes to lay on. The box has some dog food in it. Anyway, mum had taken the lid off the box and putting some packs of food in the box. Dog comes running into the dinning room and instead of jumping on to the box, jumps into the box. She (the dog) was not amused. :lol:

Share this post


Link to post
Share on other sites
Watching customers in a Tesco buying Easter eggs.

 

We saw Valentine cards in one of the shops before Christmas.

 

 

And as soon as Easter is over, they will start stocking for Christmas again !!


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites
And as soon as Easter is over, they will start stocking for Christmas again !!

 

Is that the day DFS don't have a sale?


<<< If I have helped please click my star :-D

 

Get The Consumer Survival Handbook

Share this post


Link to post
Share on other sites

According to an online form on the Sainsburys website, the letters "st" are "bad language"

Share this post


Link to post
Share on other sites

Dad was filling in an online form and the first 2 letters of his name are St. As he was typing in his name, a message comes up saying "It look like you've used some bad language. Please remove any bad language you've entered".

Share this post


Link to post
Share on other sites

So, I've moved out of my parents house and am living in a flat. Someone had left behind a wooden door stop and due to my sight impairment, it's a tad difficult for me to see. My parents said they'll take mine home and I can have the one they use.

 

They took mine and the dog thinks it's toy!

Share this post


Link to post
Share on other sites

Paxman. :-D


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Share this post


Link to post
Share on other sites
Paxman. :-D

 

He'd be a gr8 candidate to take the vacant position on the Top Gear team:madgrin:

 

Grumpy, sarcy, shallow, argumentative

 

I believe it's an act which works well for him. I think this is the CV that JC fans require.

Share this post


Link to post
Share on other sites

Conniff :)


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites

The chap standing behind Mr C's pump up:madgrin: It was like a scene out of Yes Prime Minister, a loving grin at his leader:lol:

Share this post


Link to post
Share on other sites
...a loving grin at his leader

 

alan b'stard :)


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites
alan b'stard :)

 

That's also reminded me of Sebastian the Prime Minister's aide in Little Britain:lol:

Share this post


Link to post
Share on other sites
That's also reminded me of Sebastian the Prime Minister's aide in Little Britain:lol:

 

:)


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

the word 'con(s)' being used :)


IMO

:-):rant:

 

Share this post


Link to post
Share on other sites

My daughter passing her driving test 1st time today with only one minor :)

Share this post


Link to post
Share on other sites

well done to your daughter x :)


R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...