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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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pegasus10

what to do when they dont reply to cca request

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hi all

 

title says it all really. what is the next step after you have sent a cca request and the 12+2 days has lapsed without any response?

 

thanks

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Anthrax alert at debt collectors caused by box of doughnuts

 

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i have one that has sent me nothing at all. then there is another that has sent me a statement but no contract. is it the same letter for both?

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Yes same for both. Are you sure what they have sent is Unenforceable maybe you should post it up removing all identifying bits and barcodes so it can be checked.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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I sent off CCA to Lowells on 16th Nov, Today I got a reply saying,

Quote

"While we endevour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period."

 

I shall ignore their excuses, allow them the 12+2 days, then send follow on letter informing them the account will be in dispute.

If it was me being late with a payment, I couldn't see them being nice and allowing me any extra time.


Never mind, it could be raining!

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I sent off CCA to Lowells on 16th Nov, Today I got a reply saying,

Quote

"While we endevour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period."

 

I shall ignore their excuses, allow them the 12+2 days, then send follow on letter informing them the account will be in dispute.

If it was me being late with a payment, I couldn't see them being nice and allowing me any extra time.

 

 

exactly what we're doing , lowells amongst others had till the 19th to reply to the cca's, we have had some correspondence

 

see this thread

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/229212-6-cca-letters-ready.html

 

just got some letters ready telling them to do one now :D

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I sent off CCA to Lowells on 16th Nov, Today I got a reply saying,

Quote

"While we endevour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period."

 

I shall ignore their excuses, allow them the 12+2 days, then send follow on letter informing them the account will be in dispute.

If it was me being late with a payment, I couldn't see them being nice and allowing me any extra time.

 

dear sirs,

 

please take all the time you like but kindly note that after 12 days you will not be entitled to enforce the alleged agreement or add interest or charges to the account

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Ok, I gave them a chance to conform to my request, but apart from the letter mentioned above telling me they may need more time, I have had no other reply.

So, today I have sent off the follow up letter, from templates page, by recorded delivery, informing them the account is now in dispute.

I will post any further information regarding this request when, or if, I receive any.

They claim to "play by the rules", so I will follow suit, and "play by the rules".

 

BTW, Baahh Humbug, 'tis almost Crimbo!!:D


Never mind, it could be raining!

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You could always start banging your head into a brick wall, cos that's what it'll feel like whilst trying to get them to comply:rolleyes:


Time flies like an arrow...

Fruit flies like a banana.

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