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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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and the notes

 

Notes for statistical data on IVA outcomes.

 

An Individual Voluntary Arrangement (IVA) is an alternative formal debt

solution to bankruptcy and was established by Part VIII of the Insolvency Act

1986. It is a legally binding agreement between a debtor and his creditors

about how the debts will be paid (either in full or in part).! An application is

made to court and an insolvency practitioner has to be appointed to

supervise the arrangement.!More detail about IVAs is available here:

http://www.insolvency.gov.uk/bankrup...bankruptcy.htm

 

Definition of terms

 

Completion:-

 

Where the supervisor has issued a certificate (“the completion certificate”)

stating that the debtor has complied with their obligations under the

arrangement.

 

Termination (Failed):-

 

Where the supervisor has issued a certificate (“Certificate of Termination”)

ending the arrangement because of the debtor’s failure to keep to the terms of

the arrangement.

Ongoing (Current):-

 

Where the arrangement is continuing.

 

Revoked or suspended:-

 

Where an application to court has been !made to challenge the decision !of a meeting approving an IVA, the court may revoke or suspend the approval or call for further meetings to be held. Notification of such action should be forwarded to the Secretary of State within 7 days of the making of the order

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Hi debtinfo

 

Well, well, here we have them at last.....the elusive figures, oh dear.

 

I dont know if it is just me debtinfo, but to date they seem to have been met with an 'eerie silence' in some quarters, or should that be a 'deafening silence' almost as if they dont exist, dont you think?

 

They certainly make interesting reading.

Edited by Wintry

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and even abuse in other places i posted it, not relevent apparently. Dont get me wrong, IVA's are a very important part of the insolvency framework. But i think people should be aware of these figures when signing up. Even better as we all know that some IVA companies are much better than others it could provide an oportunity for the better ones to show how their failure rate is better than the average

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Hi

 

abuse, not relevant, Oh I say.

 

Agree with your post entirely debtinfo.

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Still quiet on the IVA failure figures front????

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I think they should have a breakdown of companies success rates, as not all IVA companies are the same.

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Very good point, although it might be a selling point for companies in the future if they can show that there rate is better than the national average.

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Yes, but I do feel that a lot of companies give a good service, and then others really take the mick, and give a bad name for the good companies:(

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I think the best advice anyone to conisdering IVA or BR, is to go to a not-for-profit group first, they'll always give you advice that's in your best interests. I found Myvesta extremely good.

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Hi all

 

Much awaited figures / tens of thousands of IVAs terminated / failed (unless I have read these figures wrong!) and yet, a couple of weeks on, all around the forums / websites and anywhere basically (unless I have missed something) 'still' none of these providers or their 'agents' (I was going to put 'salesmen', but I didn't) seem to want to comment or even mention them.

 

Strange really for an 'industry' that in some cases (in my opinion) advertises / boasts on percentage figures such as 70 percent write offs / little known goverment legislation and occasionally refers people to reviews of individual companies etc.

 

It would appear that some people may have been proved right all along:)

 

Come on guys, where are you??

 

PS - Do not get me wrong here - an IVA can be a suitable solution in the right circumstances and at the end of the day it is the debtors choice, but hey, these figures are somewhat frightening to say the least (in my opinion:)) and deserve at least some explanation......I would think? or maybe I am missing something.

Edited by Wintry

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