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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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rasg

I am confused - Bailiffs costs and parking tickets

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I have a long running situation going with Philips and everything has been remarkable civil so far and I have been recording all conversations etc.

 

The PCN that was never actually issued back in 2008 is essentially done and dusted. The amount of £180.00 is not in dispute and I have accepted that. It is the fees that Philips have lumped on that has taken the debt above £600.00 that are usurious to say the least.

 

Elsewhere on this forum there are figures that state the amount that bailiffs are allowed to charge for a parking ticket and yet Westminster Council insist that £200.00 per visit is correct.

 

Can somebody please explain how the figures are so different please?

 

TIA.

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The truth is that I am not sure. I've attached the letter, and I now have three of them, with the bailiff's name and his mobile number.

 

That's all I have.

philips-small.jpg

Edited by rasg

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thats too small and i cant read it, ring philips and ask them if they have a distress warrant if they have ask them to email you a copy of it.

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You can probably see by the thumbnail (that is meant to be a big scan!) that the only boxes that are filled out are the phone number and surname of the bailiff. No reference number. No nothing.

 

Here is the text of it:

 

We have attended your premises today with the intention of seizing and removing your goods to clear the arrears you have failed to pay.

 

Should you fail to make immediate payment we may re-attend your premises on any day and at any time withou any further notification.

 

Please note: we may re-attend your premises with a locksmith to remove any seized goods (as in accordance with the law), even in your absence.

 

Removal action is very expensive and you are liable for all fees, charges and expenses that may be incurred.

 

Should you be unable to pay in full immediately it is imperative you contact the bailiff on the number provided. Payment by all major credit/debit cards are accepted.

 

Ignoring this letter will not make the debt go away.

 

I will try and see if Philips can help but they are terrible to do anything except take payments. I bet they are good at that!

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You can probably see by the thumbnail (that is meant to be a big scan!) that the only boxes that are filled out are the phone number and surname of the bailiff. No reference number. No nothing.

 

Here is the text of it:

 

We have attended your premises today with the intention of seizing and removing your goods to clear the arrears you have failed to pay.

 

Should you fail to make immediate payment we may re-attend your premises on any day and at any time withou any further notification.

 

Please note: we may re-attend your premises with a locksmith to remove any seized goods (as in accordance with the law), even in your absence.

 

Removal action is very expensive and you are liable for all fees, charges and expenses that may be incurred.

 

Should you be unable to pay in full immediately it is imperative you contact the bailiff on the number provided. Payment by all major credit/debit cards are accepted.

 

Ignoring this letter will not make the debt go away.

 

I will try and see if Philips can help but they are terrible to do anything except take payments. I bet they are good at that!

 

 

dont ring them on there rip line, use say no to 0870 to get the normnal rate number

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I spoke to TEC at Northampton that have allowed me to file an out of time declaration. It should freeze all bailiff action as soon as they receive it. Thanks. R

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I am confused - Bailiffs costs and parking tickets

 

28% of the sum recovered.


The next generation Nintendo Wii - the Nintendo Puu

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