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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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Richy B

Monument Hassle

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Hi, i have been reading threads in these forums for a while and find most very interesting and the advice extremely helpful.

 

I have a senario and i'm hoping you may be able to help? My other half has a debt management plan with various credit cards included, one of which is Monument. When joining the debt management company they took their usual first payment set up fee meaning all creditors weren't paid for that month. The debt management company managed to get arrangements in place with all of my partners creditors but... Monument like to see 3 payments reach them on time before they clear the arrears into the balance. One of the payments reached them a little after the due date and they marked this as arrears on the account. Because of this my partner gets calls every other day from Monument chasing this 'late payment' even though her debt management company has an arrangement in place with them.

 

She has spoken to her debt management company who have called Monument and tried to put a stop to the calls but Monument are having none of it! Unless the late payment of £36 is paid up they will not stop calling! Their is no way my partner could afford that on top of what she is paying out each month and my situation is pretty simular.

 

How will my missus be able to put a stop to these calls?

 

Any help will be greatly appreciated.

 

Thanks in advance

 

Richy B

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one way is to manage the payments yourself, you dont need to use a debt management compnayfor all of your creditors or any of them

 

agree the amount to be paid to momument and the date and interest frozen then pay them seperatly and take them out of the plan.

 

or if there are only a few creditors come out of the plan and save the 17.5% by paying them yourself.

 

if your paying over £250 a month and have over £15k and more than three creditors look at a IVA

 

cheers James

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You could also send Monument a telephone harrassment letter and in addition advise them that a third party is dealing with your financial affairs and to direct all matters to them in the first instance.

 

Regards


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Have you had a notice of assignment and had sight of the CCA for this account?

Edited by exasperated

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You could also send Monument a telephone harrassment letter and in addition advise them that a third party is dealing with your financial affairs and to direct all matters to them in the first instance.

 

Regards

 

Hi thanks for your reply.

 

Do you know where i could obtain a template letter for telephone harrassment or should i write one, i wouldn't know where to start so i would need some ideas if possible?

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Have you had a notice of assignment and had sight of the CCA for this account?

 

No notice of County Court Action and as far as I am aware they don't intend too...

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Have a look through some of these template letters

The Consumer Forums - Debt collectors

and

The Consumer Forums - Harassment

for the telephone harrassment letter

 

regards


-

PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

-

Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

-

Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

-

Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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you may also want to add that you will report them to the OFT regarding their unfair practices:

 

refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money

advisers

ida x


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No notice of County Court Action and as far as I am aware they don't intend too...

Notice of assignment is when an original creditor sells on the debt to a third party. The cca is the agreement you signed for the credit card originally. This is important as you need to request this if you have not had a copy enclosing a £1 postal order.

Let me know if you do not have the template to do this and I will post it on here for you

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Thanks everyone for all you help, I'm going to try the template letter for telephone harrassment to start with and if that doesn't work i'll come back to you :).

 

Thanks again

 

Richy B

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