Jump to content


  • Tweets

  • Posts

    • 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. ]
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3622 days.

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.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

The one lot I havent really posted about as yet.

Wrote to them in August requesting CCA and got nothing - put the account into dispute which they ignored. sent two further CCA request letters without reply (other than defaults and statements etc) Then I got FPC and Scotcall attacking me - both of whom I withstood and sent warning letters to.

 

Now I get a letter from Cap One saying that they did respond - which they didnt. Some text from the letter....

 

"You clearly have a valid and enforceable credit agreement with Capital ONe as evidenced by the documents we have already provided (:eek:) and any claim to the contrary will be strongly defended.

 

We do not consider the amount to be in dispute as we have fulfilled on what you have already requested. Therefore we will continue to pursue the outstanding balance.

 

The info we have recorded with the CFA's is an accurate reflection of how you have managed your account and we will not be asking the credit agencies to remove this info."

 

 

Thoughts?:)

Share this post


Link to post
Share on other sites

Forgot to say that along with this letter I got a letter which was never sent at the time (20th October) saying that enclosed was a scan of a signed agreement (not enclosed in this copy) I never received that!!! What should I do in reply?

 

Your advice as ever much appreciated

 

GIB

Share this post


Link to post
Share on other sites

Capital One are a law unto themselves. Send Capital One (not the DCA) a Subject Access Request to their Complaints Department at the address you have for them - that they cannot ignore.

 

Subject Access Request - Debt & DCA

 

Enclose a £10 postal order and they have 40 days to reply. In the meantime if a DCA is pursuing you you can tell them you will have no correspondence with them and you have made a SAR to Capital One.

Share this post


Link to post
Share on other sites

i would also write back and point out that you have not received the cca despite their assertions and include another s78 recorded delivery request

 

wait 29 days from the first one

Share this post


Link to post
Share on other sites

Hi all,

 

Have received a letter dated 20th October!! which states that they are enclosing a true copy (this by the way is a completely different letter to the "copy" they sent me in December) and quoting chapter and verse about how they've already supplied etc etc.

 

What they have sent me is a signed copy of a short application form dated June 01 - On this one page doc there is no mention of credit limit, interest rate or monthly payments. What there is a credit agreement which is un - signed and refers in non specific terms to all these things.

 

Are they still shooting in the wind as it were?

 

Cheers

 

GIB

Share this post


Link to post
Share on other sites

Hi,

I would keep those letters together for when you complain about their tactics.

Just goes to show they either don't know what they are doing or they are plain liars. I know which one I would choose.

 

It's also standard for them to send short application forms and I'll bet that is all they have. No terms = unenforceable but if you can post it up that will help (and give us a laugh at their incompetance)

 

fox


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Thank you Silver Fox - really appreciate your comments. I haven't yet sent SAR to anyone as they dont seem to be progressing beyond blowing hot air and frankly money is so tight that sending them to all of my lovely creditors would cost a fair bit! In your opinion have I done enough to date by sending CCA's x 3 - complaints about harrasment?

 

Thanks again

 

GIB

Share this post


Link to post
Share on other sites

keep the SAR until they have dn'd and terminated

 

otherwise you will have a premajure access requestlation

Share this post


Link to post
Share on other sites
Thank you Silver Fox - really appreciate your comments. I haven't yet sent SAR to anyone as they dont seem to be progressing beyond blowing hot air and frankly money is so tight that sending them to all of my lovely creditors would cost a fair bit! In your opinion have I done enough to date by sending CCA's x 3 - complaints about harrasment?

 

Thanks again

 

GIB

 

 

Based on what you have put before (no limit.APR etc.) I would put the ball firmly in their court.

Whilst informing them (AGAIN) that what they have sent is not a FULLY executed agreement despite their assertions to the opposite, if they think their case is strong enough, let them take you to court. Basically, put up or shut up.

Even if they did take you to court and you lost, the judge would make you pay what he/she thought was appropriate. (personally I don't think that will happen but you never know)

Your credit file is already shot to pieces and lots of future creditors see a CCJ as no worse than a default and you're not planning to get credit in the next 6 years are you!

 

I agree with diddydicky, wait a while before sending a SAR

 

No doubt this will be sold on when of course you can deal with that when it happens


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...