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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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ukaviator

What Made You Want To Swear Today?

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Meant to be in Taunton tomorrow. As some may know, the south west have had some awful weather over the last few days. There's no train running from Exeter to Taunton.

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looking at the last page of posts here made me re-phrase my potentual swear into a muffled bleeeeeeeeeeeat.....battening down the hatches here ready for the storm thats about to sweep up from the bay of Biscay and maybe just maybe light the real fire again tonight.....the roar seems to go well with lashing rain.......:-)

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There's a picture of Facebook of a flooded road about 10 minutes from where I live. I am so glad / lucky that I live on a hill.

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we are on the flat top of a hill so you'd think that the road gullies could handle the odd heavy fall and they can but not when this town council neglects the calls for the sludge gulper to empty the leaf and other debris out of them and the backup comes almost to my threashold.......seen it happen three times over the past few years....council cuts my arris.....they better hope the rain isnt too heavy tongiht

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There's a picture of Facebook of a flooded road about 10 minutes from where I live. I am so glad / lucky that I live on a hill.

 

I saw the news about that old man who tried to ford the river in his 4x4....what the hell must he have been thinking due to locals said the river had flooded more and more over the past few years.....I suppose hypathermia killed him

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giving what I thought was GOOD advice on another thread and then having someone who has a shed load of green pips have a go at me so i had a go back then their mate who's "site team" tell ME not to insult the green pip gatherer when it was that person who did it to me so I stood up to the MEMBER of site team and he had another pop at me so I reported the whole thing and so another site team member removed all the offending replies and left my initial reply and so I sent him a private message to thank him then yet another "site team" member told ME to chill then removed my post who the helpfull site team person saw as relevent to the thread........so I tried to reply to the site team person who removed MY post only to find....................convenient for him ....his inbox was full.

My post was relevent albeit late....the thread was still active and so I gave my GOOD advice to a person who being persued by dlc debt collectors and i told him I got them off MY back without having to pay a bean and yet I've had a green pip collector and he or she's good self uppied mates in here jump on my back......I would NOT allow it in real life so dont see why I should allow bullying in here even though I am ill i'll still fight MY corner when I know I'm right

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being let down by our potenial swapper, I found out when we logged onto the homswapper page, despite the fact this person has constantly phoned us and not once mentioned this other possible exchange.Not happy as it was our dream move to Cornwall where we have been trying to get to for a very long time, back to the drawing board I guess


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

 

 

 

 

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Hi mate sorry to read this.......................we love Cornwall and especially seeing that I'm half Cornish ....you may have noticed that in my corny jokes :lol:

 

and just to add for Nyst.....just seen the news and it's terrible whats happening down where you are.....pitty the billions that are being wasted on two wars in the middle east that were started over lies and more lies by **** could be better spent here to protect our own lands and watercourses

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I phoned the council this morning to hurry up and get a sludge gulper to the gully just left of where I live due to theres a lake forming and cars are risking driving in the middle of the road to pass the deep water ......................still waiting .................three hours now and no sign of them.......they planted the trees on this avenue that was tree-less for near on 50 years...... their leaves fill the gullys ....the environment people dont give a sh-t

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ahh a nice REAL fire in the grate again and roast some chestnuts I'd bought the other day ....thats the best way to stave off the cold :-)

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Patronising so and sos at recruitment agencies...

 

... that's better!


My advice is given based on personal experience and any useful information I've picked up over the years. Always seek professional advice if there's any doubt.

 

<Please feel free to click on the star if you think I've been helpful

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What a crap few days. Went into the place I volunteer and was told that one member of staff (who I get on really well with) has now dropped the shift her & I do.

 

Have also found out that one of my friends is moving abroad. :(

 

Neither are that much of a surprise, mind.

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got prepared for a telling off from my diabetic nurse today...............only to find that SHE does not work on wednesdays so I've got to go see her now in thirteen days time................good job it's not urgent ....unlike my biopsies are....still NO news on them and they way my body is reacting theres deffo urgencey on my part....git's

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just got my current tax bill and I think....no I'm sure that it's SO wrong I feel a need to call them and advise them that I'll only be paying that amount when I see photographic proof that particular inspectors A-HOLE has healed over.....they must think we're all divy thats all I can say....got to dig out my calculations now to batter them with.

I may ask the twonk I speak to the qusetion of how many tax inspectors it takes to change a light bulb......is it one to hold the ladder and the next 10 thousand of them to work it out as to which end to put in ....no wonder vodafone and the rest of the megga rich just tell them to f double f

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This person who is doing something very, very very bad and illegal because she believes that her terminal illness puts her outside the reach of out law!!!!

 

Could turn the air so blue with this, instead, lets make the sun shine alnight, ba#ta#d bi#tch will be dead soon, of natural causes, Karma I believe its called. Here comes the sun.

 

Kind regards

 

The Mould

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Having another weekend without my iPhone because of Vodafone's incompetence.

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Trolls. I help moderate a forum. He was banned 2 days ago and is back again asking the same question for the millionth time.

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People who think their front door needs slamming every time they go out or in


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

 

 

 

 

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People who think their front door needs slamming every time they go out or in

 

You don't know my neighbour, do you? They do the same. For the last 3 days, they've been using the hoover which I can hear. Getting fed up now.

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Nystagmite, I feel for you, they have also been runnung up and down stairs several times a day!.The have the same sort of front door as we do and there is no need to slam it


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

 

 

 

 

[sIGPIC][/sIGPIC]

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They also shout at the dog. At 10pm, every night the dogs are taken out for a walk. The lady will shout at them. I am tempted to knock on their door and tell them to shut up. I can hear almost everything they do. They know both parents work nights and still insist on making noise during the day.

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Tomorrow, I will be going to my first ever funeral. I've made it to 36 without the need to go to one, and was rather hoping to keep a clean sheet for a few more years. :sad:


"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Southern Gas and Thames Water.

 

Southern Gas do some digging next door and break a water pipe. Thames Water dragging their feet about fixing it. In the meantime we've had no water for 24 hours.... not good!


My advice is given based on personal experience and any useful information I've picked up over the years. Always seek professional advice if there's any doubt.

 

<Please feel free to click on the star if you think I've been helpful

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