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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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roncarr

proof of contract letter

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I believe that somewhere on this site their is a letter that you can send to a DCA about proving a contract exists. Does anyone know where I can find it as I've been on here about 2 hours and can't find it.

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Welcome to CAG...we all started at this point

 

Heres a complete A-Z index

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

 

But the letter you want is No 8 here.....bookmark this page as there are others that will be useful too

 

The Consumer Forums - Debt collectors


Live Life-Debt Free

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I've already done the CCA. I thought their was a letter that you can send to make the DCA prove you have a contract with them.

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I've already done the CCA. I thought their was a letter that you can send to make the DCA prove you have a contract with them.

 

Have they supplied you with the agreement?

 

You won't have a contract with the DCA per sé, but on your initial agreement with the bank for instance, it will say in the small print, that you agree that they can pass your details to outside agencies such as debt collectors to seek payment from you.

 

What is the alleged debt, with who and who is the DCA chasing?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The debt is to M&S Money and HFO sevices/Roxburghe are chasing.

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The debt is to M&S Money and HFO sevices/Roxburghe are chasing.

 

Ha Ha HA:D Roxburghe..... that will be enforceable then:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Did you get a response to your CCA Request?

 

Probably not if Roxburghe are chasing it:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I got a copy of the credit card application and statements but no terms and conditions (unless the info by where I signed counts as T & C's).

It's only just gone to Roxburghe. Initially HFO were on the case.

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Did you tell HFO that they had failed to comply and the account is in dispute?

 

Regardless send Roxy the bemused letter, telling them that the request you sent HFO for the CCA was not honoured, so they have bought a lemon and should sell it back to HFO.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Don't forget HFO and Roxburghe are the same company. When I queried some details with Marks & Spencer Money they replied with the fact the debt had been assigned to HFO Services/Roxburghe so as far as M&S Money are concerned they are the same company.

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Either way if the account is in dispute then no-one should be chasing you for payment against a disputed debt.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I have never acknowleged the debt however it is only since Roxburghe took it on that I have sent an SAR request to M&S Money.

The good news is that since I informed Roxburghe that I had sent an SAR request to M&S Money and therefore the account was in dispute that they wrote to me to tell me a default had been placed on my file with them and also my credit file-whoops!!!

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The good news is that since I informed Roxburghe that I had sent an SAR request to M&S Money and therefore the account was in dispute that they wrote to me to tell me a default had been placed on my file with them and also my credit file-whoops!!!

 

Well you can tell them to remove it pronto, as even that is still pursuing collection activity whilst the account is in dispute, also make a formal complaint to these ridiculous credit reference agencies, they could do with being knocked down a peg or two!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Does the notice of assignment have to be sent recorded delivery or can they just send it normal post?

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I do believe that it can just be sent via normal snail mail, however you should always keep the envelopes they send.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes I kept the envelopes they were sent in. I got 2 of them (long story). Both were dated after they were posted. I kept them to prove that the NOA was sent by HFO and not the original creditor.

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