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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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I expect you thought this topic was sure to be about football. No, not football but maybe a game of two halves! BTW so football does get a bit of a plug I have a Spurs household, I stay on the side line on that! Anyway, I wanted to help the Government with a suggested list of names to consider just in case the RBS Board decided to go if bonuses were culled or imo not given this year as you didn't make any profit over and above your debts last year. I read a journalist over heard two Bankers talking and one said to the other "This is our best year ever!" Planet comes to mind. I start the running. Perhaps you have thoughts on name suggestions please add.

 

Sir Alan Sugar Entrepreneur So good at saying "Your Fired!"

 

Peter Jones CBE Entrepreneur

 

'Olly' Rothschild International Man of Excellence

 

Sir Terry Leahy CEO of Tesco

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Or Stelios from easyjet :p it'd be easier for them to evade a sniper if they were wearing as much orange... they'd blend in to their own fake tans!


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What's his name, owns Ryanair.

 

 

 

I think it's Ryan;-)


 

 

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

 

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Would the airline owners be there so if the going got tough the tough got

going?! by air!!

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...I wanted to help the Government with a suggested list of names to consider just in case the RBS Board decided to go if bonuses were culled...Perhaps you have thoughts on name suggestions please add.
MilkTrayMan - CEO

CV - I sometimes play golf + I know nothing about any alleged backroom dealings done in the council estates of Eton.

8-)


The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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I did think about you MTM but I didn't think you would be available.
I am always available Termi (...weddings, christenings + bar-mitzvahs a speciality ;)), just so long as peeps abide by the ticketing system in operation.

:D


The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men.

Blessed is he who in the name of charity and goodwill shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children.

And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers.

And you will know my name is the Lord when I lay my vengeance upon thee.

(Jules Winnfield)

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Roger Cook - investigative journalist


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Why, what has Roger Cook ever done to you? :shock:

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Angela Knight, AKA "First-against-the-wall-come-the-revolution".

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Why, what has Roger Cook ever done to you? :shock:

 

He could make sure everyone behaves themselves!


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Lord Lucan---CEO, you'd never find him :D


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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It's about changing a mind set which I think started when the Uk was turned into a service industry and not being more self sufficient. Banker bashing has been mentioned but let's get constructive. I still like to bear in mind they are the servants not the masters. There were rules which were ignored in the industry and now everyone is paying the price. 40k per household I last heard.

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Cor, what I could do with 40K. Just about pay off the mortgage for starters. Then once that's paid off, we'd be paying out £600 lessa month, and that means we would never have to worry about bills again. :oops:

*sighs wistfully*

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Jonathan Ross

 

Gordon Ramsay

 

Jeremy Clarkson

 

The Stig

 

No explanation needed!

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Simon Cowell. Everyone would want to bank there, you could get the really good bankers as all the other banks would close because their customers have left to go to The Bank with the X Factor. It could be charge free as there would be loads o money and wouldn't need to pinch off those who were less fortunate.

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If Richard Branson is going ahead with creating a new bank, it would be the opportunity to make it the one everyone is looking for and ticks all the boxes. At the moment it is difficult for someone to get a debit card if there is adverse info registered against them by a Credit Reference Agency which can sit around for six years. After all a debit card is a way to pay for goods direct from your account.If you are refused a debit card this prevents you from buying on line and more often goods on line are cheaper. Again this means you are preventing people for getting a better deal.

 

Caro has started a thread in The Consumer Forum titled Bank Charges Campaign continues. I will get a link. Give your thoughts and there is also a link on the thread to another petition to reduce the length of time CCA's hold info from six years to three.

Edited by determindator

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At the moment it is difficult for someone to get a debit card if there is adverse info registered against them by a Credit Reference Agency which can sit around for six years. After all a debit card is a way to pay for goods direct from your account.If you are refused a debit card this prevents you from buying on line and more often goods on line are cheaper. Again this means you are preventing people for getting a better deal.

 

My Credit is pants and I have had that problem for years. Someone told me to give Halifax (EasyCash account) a go, so I did. I applied for it online and only had to send them a photocopy (or scan if you wish) of my passport. I had a debit card within 10 days and it was a couple of weeks before Christmas as well, which came in handy. You can do everything you can do with a regular account (standing orders, dd's, money transfers etc), but you can't get interest or an overdraft. And of course, you can shop online and stuff.

 

I wouldn't recommend Halifax for anything else personally, but if you need a debit card (which everyone does), then it's a must.

 

I had previously been refused by the Co-op who are meant to accept everybody.

 

 

https://www.halifax.co.uk/easycash/forms/ey_main.asp?applicationState=1&brand=halifax&navigation=b

 

 

Here is the link for the online application for anyone that wants it.


 

 

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

 

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I got turned down by HBOS and the CO-OP for a debit card account a few years ago even before my BR!


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

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Many thanks Sodem for your informative post. You may want to post this info in the Bank Forums where more peeps will see the info. I will give you a well deserved green blob if you tell me where you post.

 

BB, you may have got yourself sorted now but a lot has changed over the last few months in Banking, and it may be a success second time round to reapply.

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