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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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rainbow moon

RBS (Triton) playing games - really fed up with the pair of them

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I have a loan and an overdraft debt with RBS, I sent a letter to RBS when things started going wrong and they seemed understanding and put the interest and charges on hold. They asked for an income/exp form after I explained I could only make a token payment of £5 per monhth for the time being, I did send one thinking if they are going to play ball I have no problem showing them how little I have coming in at the time. After not hearing back from them, I sent another letter asking for payment details so I could set up a standing order and enclosed a cheque as the first months payment, still no reply from Rbs but the cheque was cashed.

 

I then received a letter from Triton, collecting on behalf of RBS and the whole thing started again, they wanted all the income details and to know how I was going to pay all the amount, yet again I sent off the same info with a reuqest to send me bank details so I could continue paying. I got a letter back saying they could not consider the token payment as no I/E form had been sent with the letter - it definately had. After getting advice on here I sent off a cca request to triton and a sar to RBS.

 

Yesterday I have received back the cca request from Triton stating they cannot provide the information as my signature does not match the one they hold on file, they have sent back everything, the cheque, cca application and my recorded delivery envelope. They want me to take id into my local bank before they can action but they also state that they cannot send out information for the many previous loan accounts I had with them if I don't have the account numbers - I do not have any paperwork so cannot provide them.

 

A coupld of days ago, my son took a phone message from a company called Apex who told him that my accounts had been transferred to them - at the time I had no idea which accounts as they didn't tell him that bit but I was angry that they had said anything to him, as I was out he took their number and said I would phone when I got back that night, they then continued to phone back every twenty minutes or so throughout the day - he ignored the calls and I didn't ring them just barred their number.

 

Today, I have two letters arrive from Apex who claim that they are dealing with the accounts on behalf of RBS, they want the full amount and a reply within 5 days. I have not heard anything back from RBS yet re the sar but no doubt will get the same response that I received from Triton.

 

Does anyone know what I should do next? I am annoyed that I have to pay again for the postage etc to get the details but even more annoyed they seem to be stringing me along. Sorry for the long post. Rainbow x

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Send Apex this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute & this;

 

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully, **Print name do not sign**


Anthrax alert at debt collectors caused by box of doughnuts

 

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Did you sign you SAR or covering letter? As a rule, don't do this, you'll find that it ends up on some CCA that they've cobbled together.

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Thank you cerberusalert for the letter, will send that straight away. I have blocked their phone number so all quiet at the minute. Is the account classed as being in dispute since they have sent all the request back to me and do I have to send again or just put it in dispute from the date they originally got the request?

Bladeboy I did sign the letter but not in my usual signature which is where they are questioning the true signature bit I think.

Thank you both for your replies. Rainbow x

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Update on this saga, Apex have been back in touch by letter after I told them that these accounts were in dispute with RBS/Triton, They state they have been informed that RBS still want them to collect and if I don't respond with a payment plan within the next three days they are threatening court action. I have not heard back from RBS re the sar - they still are within the time limit, but they did return all my cca request stuff without acting on it. Not sure what to do with this now. Thanks for any replies Rainbow x

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Hi Cerbs, I have already sent that letter to them, their reply (Apex) is that they have asked RBS what is to happen next and according to Apex, RBS have told them to carry on persuing the debt. Rainbow x

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Send Apex the CCA request in that case, let's see what their excuse is going to be before you fire off complaints to Trading Standards, the OFT & the ICO.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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