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[EXHIBIT x, x & x].   5) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no xxxx  pursuant to The Consumer Credit Act 1974 (CCA).   6) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given.    7) It is denied notice of assignment from Provident to Vanquis and subsequently Vanquis to Lowell were ever received.    😎 The claimant states documents were received at both addresses. The claimant doesn’t appear able to confirm my address and therefore cannot say with certainty said documents were received. Furthermore, the client did not issue said documents and therefore cannot prove delivery.     9) It is denied any communication took place with myself and Vanquis Bank Limited. Any alleged legal assignment to part of the “Fresh Start” initiative had not been informed. I have no previous knowledge.   10) Under the consumer credit act 2006, until debts have been repaid, there is an obligation to send statements and notices to the debtor at prescribed intervals at no more than 12 months. The statement should explain the money borrowed, money paid, interest in all cases and the outstanding amount. Consequences of failing to make repayments and the opportunity of making minimum payments.   11) The Claimant has submitted a statement of accounts dated March 2019. This having followed my request for a credit consumer agreement. 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Either way the default notice was not issued by the assigned creditor (Vanquis).   14) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.   15) The Claimant states a default notice was not required. If there is a default in payments during the fixed term a default notice must be issued. The Claimant states they were informed a default notice was sent on 18thJanuary. The Claimants case relies upon being informed and does not constitute fact.   16) It is denied a default notice was ever received.    17) It is admitted I responded to the Claimant’s pre-action protocol letter addressed in my name. I indicated I did not know if I owed the debt. I indicated as such having no recollection of affiliation with Vanquis nor Lowell. A default for the allege debt appearing on my credit file only November 2019.    18) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.   As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   19) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
    • Ok I’m still thinking about this PayPal but only because ive been reading other forums and them saying that PayPal sells the debt to other companies and then they chase you for it .   Here are the other debts I have below and I’m still paying them all but now really struggling with it as I’m now full carer and no tidy income. None of these have I failed to pay yet to date and ive never been to court or anything and no criminal record ive always been clean & tidy and always paid things without fail but due to circumstances already said about ive now got deeper in owing more and just really struggling now and cant afford all the payments I’m paying plus then all the interest that keeps going back on them.   Nationwide building society credit card  £4,400 Nationwide building society overdraft £345 Capital 1  £2,594 Argos credit/store card £1,904   the wife also has   Nationwide credit card £1,600 Argos credit/store card  £1,875 Capital 1  £1,280   Its the Nationwide bank I’m really wanting to keep sweet as ive been with them since I was like 17 and I’m 50 now plus I use it for all direct debits and car insurance / life insurance etc etc plus I rely on the overdraft from month to month.   
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hitchy1

Parking fine doubled. No knowledge of incident.

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I received a letter from council today giving 28 days to pay a £70 fine for a parking contravention on 30th May.

apparantly had i paid within 14 days the payment would have been halved.

Until today i knew nothing about the incident, nothing on the windscreen and nothing through the post.

I'm not denying that i may have been illegally parked although i cannot recollect it, but how do i appeal against the fine being increased when i clearly have no knowledge.:confused:

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I received a letter from council today giving 28 days to pay a £70 fine for a parking contravention on 30th May.

apparantly had i paid within 14 days the payment would have been halved.

Until today i knew nothing about the incident, nothing on the windscreen and nothing through the post.

I'm not denying that i may have been illegally parked although i cannot recollect it, but how do i appeal against the fine being increased when i clearly have no knowledge.:confused:

 

You can't. Technically it hasn't been increased, you have lost the discount for early payment. Financially it comes to the same thing but technicalities matter!

 

What you should have received is a Notice to Owner. This is the start of the formal process. It should have the details of the alleged contravention, time, date, location, etc. There are a number of statutory grounds for appeal, you have to decide which (if any) apply in your case.


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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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You can't. Technically it hasn't been increased, you have lost the discount for early payment. Financially it comes to the same thing but technicalities matter!

 

What you should have received is a Notice to Owner. This is the start of the formal process. It should have the details of the alleged contravention, time, date, location, etc. There are a number of statutory grounds for appeal, you have to decide which (if any) apply in your case.

 

Thanks, just as i feared its hard to prove. I will try the appeal process and hope they reassess.

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The first ground is procedural impropriety on the part of the Council in that no PCN was issued,

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The first ground is procedural impropriety on the part of the Council in that no PCN was issued,

 

A PCN must have been issued of there would be no NTO what I assume you meant was no PCN was served.

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A PCN must have been issued of there would be no NTO what I assume you meant was no PCN was served.

 

 

There was certainly no PCN issued to me or attached to the car, hence the letter today was first i have heard about it.

How would i prove it? its possible someone took it off the car but god only knows why. To be honest if it had been served i would have paid it, what im trying to achieve now is for them to prove it to me and offer the 50% discount.

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A PCN must have been issued of there would be no NTO what I assume you meant was no PCN was served.

 

Correct, sloppy of me...:mad:

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The absence of a PCN on the vehicle does not mean it was not served. If I were you I wouldn't appeal on this basis before making some verbal enquiries as to whether it was served, and how. If, for example, they have a photo of it on the car, this is not going to be a viable line of appeal. See if you can find out.

 

Be aware that if you put anything in writing, it will likely be processed as your one and only formal representation, so avoid this until you are armed with all the info you can get, and then submit an appeal.

 

If it was served, then you can choose whether to appeal the charge for some other reason, such as the contravention did not occur, or you could write and request that they reinstate the discount since you did not receive the PCN itself. It has been known for local authorities to agree to this.

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Be aware that if you put anything in writing, it will likely be processed as your one and only formal representation, so avoid this until you are armed with all the info you can get, and then submit an appeal.

 

One and only formal representation to the Council

 

However, if the appeal is rejected by the Council, there is always PATAS and you are not limited to appealing only the same grounds to them.

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One and only formal representation to the Council

 

However, if the appeal is rejected by the Council, there is always PATAS and you are not limited to appealing only the same grounds to them.

 

 

What is PATAS?

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PATAS is an independent adjudicator who you can refer the case to for review (normally a personal hearing where you and the local authority attend). They will give an impartial judgement.

 

However before things get to that you must have made a formal represetation, and had it turned down - so not an issue at this stage, but something you can look at if you have no luck with the representation.

 

As I said, don't blow the representation by sending a premature letter which doesn't contain your whole appeal case. If you write and query whether the PCN was not served, yet thay have a picture showing it was, you'll almost certainly have lost your representation.

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