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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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trigot33

DCA postcard arrived - Need help

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Hi

I got a postcard through the post this morning, says ``WE HAVE VISITED YOU WHILE YOU WERE OUT``. None of us were out so thats a lie.

 

It goes on to say we will visit again between 9-5 ANYDAY. Talk about arrogance lol.

 

I find it quite disturbing that there is no confidentiality in the way they openly post information like this.

 

I have only a reference number, and a postmark from ``skelmersdale``

Any advice most welcome before i ring them up or make another move.

thank you.

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Co-op bank is in Skelmersdale but it's not their style. What's the phone no?

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As others here will tell you - don't call them... if I were you I would just file it under ignore - if it is that urgent they will write to you, and if they visit "again" then you can ask them to leave or you will call the police...

 

Just my opinion x


"I am prepared to meet my Maker. Whether my Maker is prepared for the great ordeal of meeting me is another matter" - Sir Winston Churchill

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Hi Trigot,

 

I have had and continue to have these postcards put through the door. They are not allowed to visit you unless they have your express permission - there is a very good letter that you should send them recorded delivery regarding doorstep harrasment that you can find on here. I had this when some guy from MERCERS turned up outside the front door and just sat in his car trying to intimidate the wife and kids.

 

I wrote to them next day and they wrote to me passing the account back to the lender!!

 

Dont let them get you down and keep fighting!!!:D

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Co-op bank is in Skelmersdale but it's not their style. What's the phone no?

 

the phone no. is 0871 789 4288

 

I ant to write and ask them what the helll this is, and what its relating to, once they tell me that, ill ask them to prove it.

I need any letters i should forward at this stage please ladies and gents.

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I always put those in file 13

 

along with all the other domestic detritus

 

don't even acknowledge this piece of crap


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Ive read enough on here to feel confident of standing up to these bullies.

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Does this law about not visiting apply in scotland also ??

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OK got details. They r called `federal management``just did a phone search. However i have no idea what they r chasing.

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CCA Search :: CCA Search Results :: Licence Details

 

 

Application / Licence Details

Licence Number:0574773Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

Federal Management Ltd 5292720

 

Categories:

Credit reference agency

Debt adjusting/counselling

Debt collecting

 

Right To Canvass Off Trade Premises:No

Issued Date: 27-Aug-2005 Expiry Date: 26-Aug-2010

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Marc Anthony Curtis-Smith OFFICER

Pamela Curtis-Smith OFFICER

 

Historic Individuals that run the organisation:

Name Position

Pamela Prescott OFFICER

 

Nature of Business:

Debt Adjusting

 

Current Address(es):

Address Type Address

Principal Place Of Business Maple Court, 1c, Maple View, Whitemoss Business Park, SKELMERSDALE, Lancashire, WN8 9TW, United Kingdom

Registered Office Maple Court, 1c, Maple View, Whitemoss Business Park, SKELMERSDALE, Lancashire, WN8 9TW, United Kingdom

 

Historic Address(es):

Address Type Address

Principal Place Of Business 211A, Tulketh Brow, Ashton On Ribble, Preston, Lancashire, PR2 2JH

Principal Place Of Business Maple Court, 1c, Maple View, Whitemoss Business Park, Skelmersdale, Lancs, United Kingdom

Registered Office 211A, Tulketh Brow, Ashton On Ribble, Preston, Lancashire, PR2 2JH

Registered Office Maple Court, 1c, Maple View, Whitemoss Business Park, Skelmersdale, Lancs, United Kingdom

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very nice, thx for this info. Impressive. So what shall i do about the postcard. I must add, it wasnt hand posted, it came via royal mail.

 

Id like to give them a bloody nose. Write to them asking what they have sent me and ask for any back up evidence of debt etc.

 

Advice again please.

thx.

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Send it back marked 'return to sender' and 'postage to be paid by sender'


I reside in Dawlish Warren but am not a rabbit.

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You'll need to wait till they come out of the woodwork and write to tell you what they think they're chasing.

Under no circumstances should you ring them or contact them till they show their hand.

They do this to get you on the phone.

If that doesn't work they hope you'll write, which provides them with a name and address of someone who gives a s**t.

If you didn't have a debt with them before, you could then! ;)

Be patient, it could just be a random phishing trip.

If it's not they'll soon write with more details - then you make em prove it.

Shout if you need more help :)

Elsa xx


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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I had this when some guy from MERCERS turned up outside the front door and just sat in his car trying to intimidate the wife and kids.

If anyone else is put in this position then I am of the very strong opinion that the Police must be called, and tell them that someone is sat in a car outside watching your house and you have children inside. I guarantee, this practice will be frowned upon and these DCA's will be dissuaded from using it when their 'Doorstep collectors' keep getting arrested.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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very nice, thx for this info. Impressive. So what shall i do about the postcard. I must add, it wasnt hand posted, it came via royal mail.

Id like to give them a bloody nose. Write to them asking what they have sent me and ask for any back up evidence of debt etc.

Advice again please.

thx.

 

Debt Collection | Debt Recovery | International Debt Collection | UK Debt Recovery Services

 

Likely bunch these!

As for the postcard they sent in the post, send a copy of it to the OFT;The Office of Fair Trading: Contact us

 

And also a copy of it to the Credit Services Authority;

Welcome to the CSA

As they are in breach of the OFT debt collection Guidelines, and the CSA likes to believe that all of it's members are whiter than white.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thank u all so much. Very appreciated. I will hold back until i get something concrete with more details , if i do that is, i wil keep u posted.

 

cheers.

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