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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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goin4it

HSBC- 1 personal, 1 Ltd business account

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Hallo everybody.

I just registered today and read a lot trough the forum. Already downloaded letters making sure that I saved them as bus or pers, respectively, to avoid confusion when sending them out.

 

Thanks to this forum and my previous experience I am pretty sure, what I have to do with personal account.

 

Send letters in sequence |=>PDA=>preliminary=>before action | - get responses refusing settlement and take matter to the court.

 

In meantime I already got new account (actually old one I did not use for few years, but I checked - its working and the bank is only happy to get me back on board). I wonder if they forgot that I claimed from them £800 back in 2006 and was awarded over £900 by court in early 2007?. :D

 

Anyway I will transfer all income, direct debits and standing orders to them.

When that will be done I will send another letter to HSBC stating that I will not put any funds on the account as the overdraft facility is slightly bellow my claim.

 

Furthermore I will advise them, that they may not charge any other interests, close account or put default into my credit file as the account is now in legal dispute.

 

All these actions will result into me having nearly all my money even before going to court :rolleyes: (by not paying the overdraft back). Plus after test case will finish I will get some nice interest and the rest of charges. :D

This part is easy enough.

 

 

However I am not so sure about business account.

 

Taking in account development of Test Case, I can not see what are exactly my legal grounds to get charges from business account (it's Ltd. company).

 

Anyone can advise?

 

Thanks upfront

 

P.S.: I will send business letters anyway, they would not do any harm, do they? However what to do, when court stage will come?

Edited by goin4it
formated to make it more readable

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Hi goin4it , welcome to the forum :)

 

It's great to see you've done your homework and your plan of action for your personal account is spot on ......... :D

 

As regards your business account , I'm no expert on this I'm afraid , but there is a link on the forum which will probably help :

 

Business claims for bank charges - The Consumer Forums

 

By all means come back and ask if you've got any questions on your personal account (or Business for that matter), someone will answer ... and we're user -friendly . :D

  • Haha 1

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi goin4it , welcome to the forum :)

 

Thanks for welcome, Johnny.

 

It's great to see you've done your homework and your plan of action for your personal account is spot on ......... :D

 

Yeah, been there - done that - got t-shirt, just lather, rinse and repeat :D

 

As regards your business account , I'm no expert on this I'm afraid , but there is a link on the forum which will probably help :

 

Business claims for bank charges - The Consumer Forums

 

Thanks for that link, I could not find it only business library. Now I have something to read before sleep :)

 

By all means come back and ask if you've got any questions on your personal account (or Business for that matter), someone will answer ... and we're user -friendly . :D

 

I know, your posts were amongst the ones I noticed almost in every thread, you are very helpful and :?: how do you say it? Oh yes, user-friendly :rolleyes:

 

Thanks again for your answer and link, Johnny.

 

I know about personal accounts so much as I already went to court before and won!

 

After the last case I behaved, but last October our child benefit stopped without warning and I did not noticed what happened until statement arrived. At that moment it was already too late as we were short of £178 on ChB and went overdrawn (the bank let us go overdrawn £160, but of course applied charges and took together over £300 from other incomes - in addition to £160 they took another £150 on charges).

 

It went on every month until January this year, we were short on ChB and in addition on charges. After we had no heating for one week in freezing weather I threatened ChB office that I will go to ombudsman as we have no money for oil and there is frost on the walls in our home. 2 days after that I received letter with apology and next day all money was in account. But the charges made the real problem. In fact nearly whole ChB which arrived in January was already swallowed by charges! If not the charges we would be able to manage, sort of.

 

Afterwards, in March I lost work and again went overdrawn. I've got no benefit as my former employer did not send P45 in time and Job Centre refused my application. Few weeks later I've got new job but being again overdrawn, the charges are still killing me. Yesterday I had call from bank and decided that I had enough.

 

They put me and my family in misery and they are having none of it and trying to intimidate me. Enough is enough. Now they will get their own medicaments to try. I will not stay still and watch another chunk of my hard earned money to be swallowed by them.

 

Sorry for being so harsh here but I am REALLY P!$$£d 0f. At least I know what to do :D.

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Sorry for being so harsh here but I am REALLY P!$$£d 0f. At least I know what to do :grin:

 

I think you deserve to be bitter, going4it, you've had it rough - but your spirit is still there and your determination not to let it get you down.... :)

they really are the pits ...

 

Besides, this is the place to get it off your chest , - it seems to help somehow to just put it down in print ...........

 

Glad to help , and thanks for the tip on my scales .. :D

 

Hope you manage to sort them out business-wise -if you have time, share your experience of how it goes , it helps others to cope ......


Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch 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.

 

 

If you think I've helped you please feel free to tickle my star :-D

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