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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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socleirigh

Default Notice 7 days or 14 days

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Hi,

 

This is my first time posting. i received a DN from Nationwide. Is it 7 days notice or 14 days notice that the DN should give? The loan was taken out in December 2006 if that makes any difference.

 

Any information would be appreciated.

 

Thanks

socleirigh


Regards

socleirigh

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Hello and Welcome, socleirigh.

 

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.


 
 

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Thanks for such a quick reply maroondevo52.

 

I had thought that the 1974 Act was seven days, but the 2006 Act gives 14 days.

 

If it is the case that they must give 14 days, then I think they may have made a mistake as they have given 14 days from the date then sent it. They didn't allow time for postage.

 

It was sent on Friday 13th November 09, with asking for the full balance to be paid by Friday 27th November.

 

I received it on 14th November 09, which only gave me 13 clear days to remedy the alleged default.

 

Also the fact that they have asked for the full balance and not the arrears, does this mean they have actually terminated the agreement illegally?

 

Kind Regards

socleirigh


Regards

socleirigh

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Also the fact that they have asked for the full balance and not the arrears, does this mean they have actually terminated the agreement illegally?

 

Kind Regards

socleirigh

 

 

In a word, yes!

 

The design of the DN is to give you an opportunity to put things right prior to further action

 

To do this, it must accurately state the amount required to clear the arrears and this amount ONLY

 

ont have access to all my files at the mo, but there is a COA case that proved this and this would be binding on a lower court

 

(anyone remember the name of case off the top of their heads?)

  • Haha 1

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Further, have they terimated the agreement via a seperate letter, or does it state on the DN similar to "if you fail to rememdy this by the date shown we will terimnate the agreement" (or similar)

 

?


omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Sorry ncf355 for only getting back to you now. I can only use the internet a few minutes each day in work, and don't have access at home.

 

They haven't yet sent a separate letter terminating the agreement, and I'm not sure what the text in the DN says. I'll have a look at home tonight and post comment tomorrow.

 

Thanks for your help so far.

 

Kind Regards

socleirigh


Regards

socleirigh

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Hi

 

No they haven't sent a letter terminating the agreement, and the only thing the DN says is that if I don't remedy the alleged breach, then they may commence legal proceedings to recover the full balance.

 

Kind Regards

socleirigh


Regards

socleirigh

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Hi,

 

I've had a few letters since my last post.

 

The first was one saying that the loan was being moved from Nationwide Trust to Nationwide Building Society Ltd. (No mention of assignment)

 

I'm not sure if this is connected to the second letter I received, which is from KPR Debt Collection requesting the full balance within seven days. I have learned from other threads that KPR are actually part of Nationwide.

 

Is it just a coincidence that these two letters arrived roughly a week apart, or did the first one have something to do with the second?

 

Regards

socleirigh


Regards

socleirigh

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Hi

 

Wouldnt bother too much about the standard letters they send you.

 

I would concentrate on writing a letter to Nationwide informing them as they have illegally terminated your account by not giving you the required 14 days and asking you for the balance instead of the arrears you will be taking legal action against them.


IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

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Hi

 

I have seen on other threads that some people have not waited for a termination letter and have gone ahead and sent a letter accepting the unlawful rescission of contract as termination.

 

Does this work, or should I hold out for a termination letter?

 

Kind regards

socleirigh


Regards

socleirigh

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Hi diddydicky

 

Yes, the D.N. asks for the whole outstanding balance of more than £16k to be paid in full.

 

I also received a letter at the weekend from K.P.R. offering me to settle the loan at a discounted amount. It says to phone them within seven days to agree figure, after which time this offer will be withdrawn. It also says that if I agree to this they will mark the account as partially satisfied with the CRAs. Does this mean that they could sell any remaining balance to a DCA?

 

Regards

socleirigh


Regards

socleirigh

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yes

don't do it

 

int, if they are offering a discount that means something is wrong,

i smell a rat!

 

dx


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Hi dx100uk

 

I won't phone them, and hopefully they will pass the account onto solicitors, and thus formally terminate the agreement, allowing me to accept their unlawful rescission of contract.

 

Thanks

socleirigh


Regards

socleirigh

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Hello greendollar!

 

Would someone confirm that the 14 days are 'working days' mon - fri ?

 

Sadly, no. The 14 days are 14 clear days, i.e. whole or calendar days.

 

The Working Day issue is mainly in relation to the time scale for getting the Default Notice to you.

 

In that case, Working Days are very important, and you need to establish Date of Posting, Type of Post used (1st Class, 2nd Class, or worse which would be classed as 2nd Class) from which the Legal Date of Service can be established...which is not the same as the actual day the Notice happened to arrive.

 

Thus, always keep the Envelopes within which any bank letter is sent, and especially in relation to s87(1) Default Notices.

 

Examine the Envelope for Franking Marks and Dates, and any Barcodes that might one day be de-coded to establish key dates that can aid the clarification of the Date of Posting or at least confirm when the Envelope was still in transit so not Served at that time. IOW, other evidence to show that you had not actually been Served with the damned thing at that time!

 

Cheers,

BRW

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you dont need to smell the rat- it is right there in front of your eyes!!

 

the demand to pay the full outstanding balance of the account is an unlawful repudiation by the creditor of his obligations- he has made it clear that he will not permit you to continue to pay sums not yet due on a monthly basis

 

the wording of the DN defeats the intent and purpose of the DN and it is impossible for your comply with it ANd obtain the benefits of its intent and purpose

 

 

|I would wait a couple of weeks for a termination letter or another demand for payment in full and if none recevied then write and regard the DN as an unlawful rescission

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just a quick update - received my third default notice from Nationwide this week. They have fixed one of the problems in that they ask for the arrears this time, not the whole balance.

 

But, yet again they have not allowed sufficient time to remedy the default. The default was issued 19th May, and asked for the arrears to be paid by November 2009!!! As this date is before the default was issued, they are obviously not allowing fourteen days to pay the arrears!!


Regards

socleirigh

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Had to laugh at their total bloomin' ineptitude!

 

Any update on unlawful rescission yet, socleirigh?


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