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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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Hardupnotfedup

B Card Have Stopped Reduced Payments

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Hello Guys,

I'm looking for some advice or ideas in how to approach this, I do not dispute the debt apart from maybe a few unfair charges in the past, I have never wanted to upset the applecart because to be honest BC have been reasonable to me over the last 2 years in accepting a payment of £7 a week towards a debt in excess of £7,000. I originally set this up through a debt management company I no longer want to use them(big fees).

BC have now sent me a letter saying that they now want to withdraw the reduced payment option and re-instate interest.

I am actually worse off financially now than when I set up the reduced payment.

Is it worth just writing to them stating my position financially?

I am tempted to just tell them this is what I'm willing to pay and if you don't like it take me to court.

 

Thanks peeps


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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A court will only make you pay what is demonstrably affordable. However, you would end up with a CCJ which is generally not a good thing.

 

Bcard are trying to negotiate a new payment arrangement with you with all the sublety of a bull elephant. You should respond to their letter offering a payment that you can afford. If that's less than what you have been paying then so be it. You could mention the point above about what the court would do but don't do so in a threatening way.

 

If they won't play ball then post what they say here.

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I have never wanted to upset the applecart
Now they've upset the cart don't you think it's time now to see whether the CCA is in fact enforceable? http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

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Thanks Seminole that is along the lines what I was thinking, but thanks for the tip about being less threatening:) I would have been a bull in a china shop to be honest. Are there any template letters available, I know it sounds lazy but I know the templates are better than anything I could construct.

 

Thanks again


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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Cerberusalert as the debt is still with BC I am sure they will have the necessary docs, and it might just get their backs up, I was going to do that if they pass it on to a DCA. I would be more than happy to continue paying as I have but can't afford to increase payment


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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Cerberusalert as the debt is still with BC I am sure they will have the necessary docs, and it might just get their backs up, I was going to do that if they pass it on to a DCA. I would be more than happy to continue paying as I have but can't afford to increase payment

 

You'd be surprised at how bad their record keeping can be, particularly if you've been with them for a while but I think your approach is the right one for the time being. If you start getting letters from a company called Newmans, that is Bcard's in house debt collector.

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It's a nonsense to pay anything towards a debt that increases.

 

Offer them £1 per week ... see what they say.

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Cerberusalert as the debt is still with BC I am sure they will have the necessary docs, and it might just get their backs up, I was going to do that if they pass it on to a DCA. I would be more than happy to continue paying as I have but can't afford to increase payment

 

i'll bet you a pound to a bucket of pigsh*t that they do NOt have a valid agreement- still if you want to play the white boy - trust me they will walk all over you

 

get that s78 request off now

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Thanks guys, I will send off letter with my offer tomorrow and let you know the reply. If they mess me around then I will go down CCA route, I already have one account in dispute with another credit card as they sold on debt that I was paying without warning, anyway I want a paper trail if it does go to court.

Diddy they have been reasonable for 2 years plus so hopefully that will continue if not then the real fun will start.

Edited by Hardupnotfedup

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 paid Barclaycard a token amount for a few years without any cobtact from them, then a couple of months ago they wrote to me saying I should be paying more.

 

I just wrote back saying that I'm going to continue paying the same amount as my circumstances haven't improved.

At the same time I enclosed a CCA request (along with £1 postal order).

 

Since then all I've received is a copy of their current t&c and they've apparently accepted me continuing to pay the token amount.

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Thanks Florish great idea to do both at same time, offer and cca request.


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 paid Barclaycard a token amount for a few years without any cobtact from them, then a couple of months ago they wrote to me saying I should be paying more.

 

I just wrote back saying that I'm going to continue paying the same amount as my circumstances haven't improved.

At the same time I enclosed a CCA request (along with £1 postal order).

 

Since then all I've received is a copy of their current t&c and they've apparently accepted me continuing to pay the token amount.

 

ill bet they have!! you are paying them for nothing i would imagine. they have not complied and sent you a true copy of an executed credit card agreement and they are in default of s78

 

 

you need to send the second letter from the template section

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