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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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pfjc1000

PayPlan

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Hello

 

I'm new to this site, so hi to all :)

 

I recently left UK to live in Australia (4 year VISA) about 18 months ago with quite large debts that i was struggling to pay when I got out here. Main issues were sending money back to my UK account, bank charges for this process and exchange rates AUD -STG which were high at the time. I defaulted back in June and haven't paid anything since then. My debt consists of a few credit cards, bank loan and an overdraft.

 

I found PayPlan before I found this site :-( and I have been in touch with them and they drew a up a budget payment plan that works out how much spare cash I have every month and how much they reckon I can pay to them (PauPlan) every month. The trouble is, the repayments I will struggle with (400 pounds) and would be comfortable with paying half of what they've suggested for each month.

 

Can I offer the reduced payments to them? what are they like as a company, has anyone used them before? Could anyone tell me my rights also and can I pay back what i can afford.

 

Any input/advice would be greatly appreciated. I have worried about this a lot, but have read that there is no recriprocal agreetment for unsecured debt between UK and Australia.

 

thanks in advance

 

pfjc1000

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Have a read of this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221573-debt-being-chased-australia.html before you decide anything. It's a bit long but well worth the read. ;)


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Hey thanks for your reply. There is some real interesting stuff in there but noticed that the original question was for old debt being resurfaced (6 yrs +)

 

Would the same apply to me as my debt is relatively new, roughly 6 mths??

 

Also would it be worth going the cca route, what with me living in Oz??

 

Cheers

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Would the same apply to me as my debt is relatively new, roughly 6 mths??
Yes, they don't have the legal authority to chase debt in Oz unless they've already obtained a CCJ against you before you left the UK.

Also would it be worth going the cca route, what with me living in Oz??
It depends on how old your a/c is & how you applied for it.

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

 

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17 Port & Maritime Regiment RCT

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Cheers for the advice

 

I know that I had no ccj's against me when I left the UK as I had no problems with my bank a/c and credit cards.

If I have got ccjs against my name they would be incorrectly filed then? Is it worth a check to see if I have and how difficult are they to remove?

 

I can prove I've lived in Australia since May 2008 by my passport and 457 VISA stamp? Would that be enough to prove I dont live in the UK?

 

My bank a/c is years old and my credit cards are probably around 3-5 years old.

 

Cheers

:)

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If I have got ccjs against my name they would be incorrectly filed then?
Yes.
Is it worth a check to see if I have and how difficult are they to remove?
You could check online at CCJs, court orders & fines - Search yourself and others - Trust Online If there are any they are relatively easy to get set aside.
I can prove I've lived in Australia since May 2008 by my passport and 457 VISA stamp? Would that be enough to prove I dont live in the UK?
Yes.
My bank a/c is years old and my credit cards are probably around 3-5 years old.
CCs after 2006 are usually enforceable.

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 PJ,

 

As Cerberusalert has suggested, keep an eye on the other thread relating to UK to debt in Australia.

 

Some of the info relates to stat barred debt but the main topic is how an Australian DCA is trying to magically convert a UK agreement into an Australian one...with about as much success as ye olde alchemists trying to turn lead into gold.

 

The other similarity 'twixt the two is that is highy probable that the DCA's experiment will blow up in their face too.

 

More to the point. you may also find some good info on the expat focus debt forums at Expat Focus - Forums - Expat Issues (scroll down for country specific forums) - Credit and Debt Management

 

This is where the current thread on CAG started (before Pie and Beer's lawyers got it shut down) and there are many, many posts on there concerning different aspects of UK debt in Australia that will set your mind at ease. :)

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Hey, thanks to yourself & Cerberusalert for your help :)

 

I'm just in the process of finding out if my creditors and/or DCA's have registered any ccjs to my old address in the UK. If so, I'll start the process of setting them aside.

 

Yeah, was reading the other thread, some interesting stuff on there, just goes to show that the DCA's will stop at nothing to get you to pay up.

 

So glad I found this site !! :)

 

I think I will check VEDA also just to see if any stuff has been registered on my credit file in Oz

 

Just thinking now what to do about PayPlan !!!!!!

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Just thinking now what to do about PayPlan !!!!!!

 

 

Email them & say that you have realised that these debts may be invalid so you won't be paying them until you have proof that they need to be paid and when you know exactly what is legally owed, you will contact them again.

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Hi

 

I have been with Payplan a few years now, and I have found their service excellent, and would recommend them. They do not charge fees, so the DMP is completely free of charge. They take away a lot of pressure when receiving letters and statements, as they just deal with everything on your behalf, and they also apply to get interest and charges frozen on your accounts. If you have drawn up and income and expenditure and your payment is £400, that you do not feel comfortable with, I would suggest getting in contact with Payplan to inform them of this, and they can re-look at your details to try and get this down to an affordable, realistic payment.

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Thanks, Ive fired an email off to PayPlan to ask if I can pay the reduced amount and see what they say

 

 

Just wondering on the ccj issue, if they can raise one against my old address in the UK, as I didnt contact them to tell them I was relocating to Australia as my cc's and bank a/c was in order then?

 

I know I definetly didn't have any ccj's when I left

 

Cheers 4 the advice:)

 

 

Just had an e-mail from payplan and they said that they can knock 20 or so pounds off the monthly payment, so nowhere near the figure I have proposed. I have sent them a final offer that i have increased by 20 pounds and have told them my final offer. I am really suprised that PayPlan doesn't know about no reciprocal agreement not non-secured debt between Uk & Australia. I would have though me offering to pay rather than not pay which sounds like I can easily do, they would have accepted anything

Edited by pfjc1000

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Just wondering on the ccj issue, if they can raise one against my old address in the UK, as I didnt contact them to tell them I was relocating to Australia as my cc's and bank a/c was in order then?
If they did that you can easily get it set-aside as they are not legally allowed to obtain a CCJ against a non-UK resident. ;)

 

You can check online at CCJs, court orders & fines - Search yourself and others - Trust Online to see whether there are any against your previous addresses.


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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Just had an e-mail from payplan and they said that they can knock 20 or so pounds off the monthly payment, so nowhere near the figure I have proposed. I have sent them a final offer that i have increased by 20 pounds and have told them my final offer. I am really suprised that PayPlan doesn't know about no reciprocal agreement not non-secured debt between Uk & Australia. I would have though me offering to pay rather than not pay which sounds like I can easily do, they would have accepted anything

 

You need to TELL payplan what you can afford to pay & if necessary, draw up a fully itemised income & outgoing sheet that allows for EVERY expense you have in Oz (after all, how can this be proved ;)) then the remainder is available for paying off debts in UK. The minimum amount payplan work with here is £100 per month.

 

It's your money, your debts & you need to decide whats fair & whats not. The very fact that you are willing to pay is commendable. :)

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Thanks for all your help, as I have made no payment as yet, I sent an email to PayPlan and offered what I can, if they don't like it - tough

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