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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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garythai

repayment programs

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i agreed a repayment program with newmans who were acting on behalf of RBS , i rang them to make the first payment on the agreed date and was told they are no longer dealing with this matter, the debt had been taken from them by a company called ALLIED INTERNATIONAL CREDIT UK LIMITED.

i rang these people who demand instant settlement of the outstaning debt no ifs or buts.

Please if anyone can advise me as to what to do as i need to give them an answer tomorrow 7/12/2009 i have only just found this site and am panicing as i had allready made an aggreement to pay newmans and knew nothing of this other companies involvment untill last thursday 3/12/2009 any advice much appreciated.

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What type of debt is it?


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Is it an overdraft, loan or credit card etc.


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Send AIC a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign


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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why can someone else intervene when i have made an aggreement to pay on a plan ? i am worried what this new compay are going to do the guy i spoke to sounded quite overbearing

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thankyou for that info but he insisted he wants a decision tomorrow evening can i send £1 cheque with a copy of this letter in the morning and if so what do i tell him tomorrow when i have to speak with him i am worried this is to short notice and what they will do

thanks again.

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The person you spoke to is a Debt Collection Agency & you should never speak to them on the 'phone everything should be in writing so you have a nice paper trail because, shall I say, they can be somewhat economical with the truth when it comes to what powers they have, what they can do etc. Plus the fact that they will threaten, bully & cojole you into making payments which you cannot afford.

 

The letter above is asking them to prove the debt exists, they have the authority to collect & that it is enforceable. If they cannot do that you can legally withold payments.

 

Have you received a Default Notice & Termination Notice from RBS?


Anthrax alert at debt collectors caused by box of doughnuts

 

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thankyou for that info but he insisted he wants a decision tomorrow evening can i send £1 cheque with a copy of this letter in the morning and if so what do i tell him tomorrow when i have to speak with him i am worried this is to short notice and what they will do

thanks again.

If they 'phone tell them you have written to them & from now on you will only communicate with them in writing then hang up.

Anthrax alert at debt collectors caused by box of doughnuts

 

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Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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can i send £1 cheque with a copy of this letter
A postal order is better, in that way your signature cannot be used for any 'photoshop' purposes. Do not sign the letter either.

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 i am not sure of termination notice as i lost the plot with all the paoer work going through my hand this last year ,if i just write my name on cheque and not sign would this be ok so they can not reproduce signiture ?

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If you do not sign a cheque it would be unlikely that your bank will honour 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

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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hi i am not sure of termination notice as i lost the plot with all the paoer work
Did you keep the Default Notice?

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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thankyou for your help i will do as you say with postal order but do you think the time scale is to short ?

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you think the time scale is to short ?
Nothing is going to happen immediately, DCAs go through a well known series of threatening letters over many weeks before anything will happen. ;)

 

Just concentrate on getting the CCA for now.


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 to explain further, the people like the telephone monkey you spoke to are on commission so it's in his interests to get as much money as fast as possible from you. Obviously he will use every tactic imaginable to try & get your bank details, credit card/direct debit card etc., so you must not give them. If it comes to the point where you have to arrange a payment plan this must be done using Standing Order only. In that way you control how much is taken from your a/c not them. It is not unknown for people to arrange DDs only to find that their a/cs have been cleared out. :eek:


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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thank you for all your help i have the letter typed up and it will be sent in the morning recorded along with the p/o, i will let you know on here what comes back from this as soon as i receive something back .

thanks again

gary.

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Hi Gary,

Welcome to CAG :)

Sound advice above from Cerberusalert.

Just to reiterate- don't be intimidated by these people. Once you've read more on here you'll realise just how much they do lie, cheat and do anything on the phone, to try and trap you into paying. It IS lies however, which is why it's crucial for you to keep everything in writing from now on, as they have to abide by the Office of Fair Trading Debt Collection Guidelines.

It is up to them to prove you owe the debt and that they have a right to collect it.

 

So, ground rules:

  • NEVER EVER discuss it on the phone. Refuse to go through security questioning and tell them you will only communicate in writing from now on.
  • Don't worry!! - despite what they may threaten, they cannot come into your house, take your property or send Bailiffs. (Not without a County Court Judgement and then only if you fail to pay what the judge agrees you can afford). They rarely take court action for this reason- they try and get MORE than the judge would order by bullying you instead.
  • Start a folder and keep a record of everything. All letters sent, and all letters received, including envelopes (staple them on)
  • Never sign any correspondence. Hand print your name.
  • Keep us posted on here for help and support every step of the way

Well done for starting to take control.

 

Shout if you need any more help :)

 

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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hi guys back again just had a reply from the letter i drafted last week on cerberusalert i will attempt to attach it here for your expert advice, thanks again

gary

aic debt collectors 001.jpg

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this seems to have come out small i hope someone can read it

gary

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Can you upload it to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and then copy & paste the url back here?


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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don't know if i've done this right but here go's14jp0f4.jpg

hope this is it

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