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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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JimmySpangle

Rude and aggresive forum members

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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I am sure I am not the first person to feel this way and have no doubt I will not be the last.

 

I joined this forum for a mixture of social interaction as I don't get out much because of the nature of my disabilities, and the fact that I happen to be very knowledgeable with regards to driving matters in general.

 

I am happy to accept that I will not be right everytime and that the written word is sometimes read in a different light to that it was written in. But recently I seem to have fallen under attack from a few members who feel it is ok to respond to posts with utter rudeness and hostility.

 

The latest batch in the thread about a blue badge and a bus stop. I have been told by one member that I am not qualified to contribute. As a former driving instructor and someone who has been disabled for 9 years, I think I am possibly the most qualified to contribute. But it is the hositility and rudeness I cannot tollerate.

 

If we were all in a pub having a nice chat over a beer, you would not accept people talking to you in that manner, so why should you here?

 

I have found this very upsetting this morning. I do not feel the will to contribute any further at the moment for fear of having another member bite my head off for daring to have an opinion.

 

Any comments welcome below and I would hope the moderators of this forum can do something about the out and out aggresion on this forum at the moment. As I said at the begining, I am sure I am not alone in this thought.

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I know exactly how you feel Jimmy!!

 

I had a similar run in with a well established member on this forum a while back. I said something like "oh well, we'll have to agree to disagree then" and recieved an angry retort along the lines of "oh no we won't, because I am right blah blah blah."

 

I am sorry that you are upset, but please don't let it spoil your day. The vast majority of members on this site are fab and you shouldn't stop contributing as we all have something to offer.

 

If you have been upset by a post then you can always report it using the red triangle on the bottom left hand side. However, different Mods seem to have different tolerance levels as regards what is acceptable.

 

Have a fab day hun!!


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hi jimmy

 

take it on the chin and move on

 

some people should get a life rather than giving fellow members verbal gbh

 

i find its best just to ignore and they then get tired.

 

saying that

 

ive been wrong on a few occasions and welcome the imput from fellow members

 

its the only way we learn

 

but there is no excuse for being rude

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pop across to pepipoo, there are no big egos over there. any advice given there will be more relevant and helpful than the petty point scoring that goes on here.


:mad:LF53

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simple fact is ignore it

its a bit diff when its in B/W i know

it takes getting used too.

 

but i certainly would not want you to refrain from helping & i suspect neither would your 'bullies'.

 

dxd


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I've had a similar experience recently and backed out of the thread in question. Sadly some 'we are ALWAYS right' people will get on their horses and stay there even though experience shows otherwise.

 

A bit like the climate change mob, who now can't decide who has the most correct data on the subject!

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pop across to pepipoo, there are no big egos over there. any advice given there will be more relevant and helpful than the petty point scoring that goes on here.

 

:lol: :lol:

 

All forums are the same Pepipoo has a clique who can only be criticised at your own peril. Penaltycharges forum actually banned me for mentioning on here that the advice given was wrong. BTW Nero my ban has expired so I might be back :lol:. A discussion will involve various points of view this board unlike pepipoo is not a motoring only forum so many people with different points of view read the posts. If you park in a disabled bay for example there will be those willing to help and there will be those hacked off by your selfishness such is life I'm afraid. It is annoying though I must have to admit for people to state 'opinion' as fact. If you are not 100% sure of a legal point state its an opinion not fact. Posting rubbish such as 'you didn't leave the vehicle so appeal you were not parked' does nothing to help. :)

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i view this place as a learning site

i dont mind being told i've not got hings correct, but i must admit some are a wee bit un tactful.

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Jimmy

 

If you do have a run in with someone here please let us know using the Red Triangle on the bottom left of your post. There are Parking / Clamping companies who deliberately join the site to cause our users as much agro as possible. Our Forum rules section 3 (3.5a) will come into play if anyone gives another user personal abuse or starts a flame war.

 

The site team are here nearly 24 hours a day, and will respond as soon as we see a reported post, especially in the Parking forums. There are heated discussions in that forum, but a majority of the users are well known old hands at Parking Fine law and i would trust their judgment.

 

No one should come away from this forum feeling angry and upset over someone else's comments. Bullying and Harrassment of our users will result in Moderation of their account for the person involved.

 

Let us know if we can help.


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I've reviewed the thread concerend, and I'm afraid Jimmy, if you think any of it is 'rude and agressive' then clearly you have a very sensitive nature and should not take things so seriously.

 

I do not believe anyone is being rude to you - we've had a couple of exchanges and I enjoy them. The problem for many is if they do not get the reply or consensus they expect, they start throwing insults around. More fool them, as anyone reading the thread can easily make up their own mind as to who is being unreasonable.

 

Meanwhile - I point out that Orange badges were replaced by Blue in April 2000, which was very relevant to the OP who explained they had had one fpr 9/10 years, what you experienced after 2000 would be irrelevant to this - but you took it to be a slight, which t was not. You responded to my comment with a rolleyes/sarcastic 'smiley'. Why? I simply stated a fact. Not that I doubted your use of a BB in the last 9 years, but that someone who had been issued with an Orange badge and taking it as a benchmark, could find themselves is sticky situations as it wasn't only that the badge changed colour, but what you could use it for.

 

Life's too short. If something upsets you - don't let it. I enojy a healthy debate, but if it degenrates into mud slinging then I'm happy to contribute until the mods get bored and remve it. I won't accept uncalled for antagonism for the sake of it - but I won't sit idly by either. But it doesn't upset me. And THAT'S the secret.

 

If you've felt I've contributed to your fwwlings of discomfort - sorry, none was ever intended, and any points were made in the spirit of friendly banter, no more and no less.

 

:)

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Jeez. Get out of the pub the worng side?

 

You made a statement that is not correct. See my above post Mr happy for more details.

 

So sorry if I diagreed with your utterly perfect and helpful response to the OP. I will now leave you to advise them as you are obviously qualified for the job

 

you CANNOT guarantee it. I have had a blue badge

for 9 years and have only had a blue one. Whilst I am aware of the

existence of orange badges prior to that, you simply cannot assume that

everyone had an orange badge. So I stand by exactly what I

said.

 

And WE'RE rude and aggressive!!!!?????

 

Get real!! :rolleyes:


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More free hugs..... ;)

 

0_hugs_christina_milian.gif


If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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While we appreciate and expect lively debate, Personal abuse will not be tolerated.

 

Please re-familiarise yourselves with the site rules.


If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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I have sent you a pm and responded on the bus stop thread.

 

It was not my intention to be rude and I apologise if you felt I was being so. I do accept that I robustly contradicted you and I have explained on the thread why I felt it necessary to do so.


********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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No one should come away from this forum feeling angry and upset over someone else's comments. Bullying and Harrassment of our users will result in Moderation of their account for the person involved.

 

We have enough bullying and harrassment from the PPC's to not need it here

 

The trolls are usually obvious and one just has to tread as silently as possible on their bridges

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wish I had found this a while ago - pleased to see i'm not being over sensitive and definitely feel that certain mods 'take advantage' at times and are a bit too selective dependant on their personal interest

 

my posts to explain my comments were removed but the others who were hurling abuse were not which resulted in me being accused of all sorts!

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It's simple. If your a woman, You're right:p.

 

Maybe sometimes arrogant, obnoxious and downright rude....But nevertheless right;).

 

That's what I've been taught anyway.

 

 

(SOD'EM eagerly awaits a female CAGGER to post the words "WELL TRAINED", or something to that affect).:D


 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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wish I had found this a while ago - pleased to see i'm not being over sensitive and definitely feel that certain mods 'take advantage' at times and are a bit too selective dependant on their personal interest

 

my posts to explain my comments were removed but the others who were hurling abuse were not which resulted in me being accused of all sorts!

 

I have had a look around the Moderated posts section Fluffy Bunny, i can't see any of your posts in there. Where did you post the comments?


Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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I appreciate we all have different views but some people seem to take pleasure in contradiction whatever the subject happens to be. Not because it imposes on their views...it's just a general disliking for the poster. Something that could pass, and be ignored by the parties but others post and sides are taken, like some childish playground.

 

Respect others and expect the same in return. Walk in their shoes..you may find yourself in their shadow one day.

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