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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 am 34 weeks pregnant with my first child and I know it's irrevelant but i suppose it might help you understand the story better.

My so called partner just left me to deal with a new baby on my own so I have been trying to deal with this emotionally AND financially.

I have a frost free fridge freezer from Bright House which I suspect uses a lot of energy! My electric bills have been very high since I got it! But anyway I missed three payments of £6.38, that eventually added up to roughly £23 (including late payment charges). Last weekend I was going to go down to pay them but before I could, lo and behold I see a calling card saying they had visited my home!!!!

I was fuming and refused to contact them after that. A few days later I got home struggling with my cotbed when some idiot who said he was from Bright House was near my door. I told him I'd alredy paid and if he didn't get the hell off my property I'd call the police!

He said that he had every right to be there! Can you imagine??

 

Isn't this trespassing? Am sure these people are breaking the law!

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Where on your property was he? If he was going up to knock on the front door there is nothing stopping him its accessible from a public right of way and would have no private property signs (I assume) and he would have been conducting business anyway, anywhere else on the property would be trespass.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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the building operates on an electronic door system. You need to press a buzzer to get in. He was standing in front my door with his finger on the bell. I have no idea how he got in.

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It could be a mixture of pressing the trade button which works at certain times of the day, or someone else letting him in. As I am guessing that this only leads up to your property you would have to speak to the building management. In my opinion he wouldn't be liable for trespass from yourself unless he entered your property.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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I am 34 weeks pregnant with my first child and I know it's irrevelant but i suppose it might help you understand the story better.

My so called partner just left me to deal with a new baby on my own so I have been trying to deal with this emotionally AND financially.

I have a frost free fridge freezer from Bright House which I suspect uses a lot of energy! My electric bills have been very high since I got it! But anyway I missed three payments of £6.38, that eventually added up to roughly £23 (including late payment charges). Last weekend I was going to go down to pay them but before I could, lo and behold I see a calling card saying they had visited my home!!!!

I was fuming and refused to contact them after that. A few days later I got home struggling with my cotbed when some idiot who said he was from Bright House was near my door. I told him I'd alredy paid and if he didn't get the hell off my property I'd call the police!

He said that he had every right to be there! Can you imagine??

 

Isn't this trespassing? Am sure these people are breaking the law!

 

 

 

 

In commom law their is only an implied right of access, what this means is you have a right to withdraw that right. Send a letter to the company stating you are withdrawing their implied right of access to your door. Let us know how you get on..

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yes i sent a letter to them last week Saturday via first class mail. They have yet to reply. The gentleman who came was trying to bully me to come into my house even though he had called the office...who confirmed that I'd paid the bill. This guy was hell bent on trying to come in! When he realised he was getting no where he said 'Yes well you're loan is up to date. But I will be waiting here in future.'

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When did you get the fridge freezer? I only ask as if you have paid more than 1 third of the agreement Brighthouse cannot reposess it without a court order.

 

I would suggest that you write to Brighthouses head office and to the store manager explaining your problem to see if they will help.

 

Sorry for your partner leaving you. I was in the same position 10 years ago when my ex left me but i have brought our daughter up on our own.

 

If there is anything else we can do then just ask.


:cool::cool: Blondmusic :cool::cool:

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thank you very much Blondemusic. I purchsed the fridge in April this year so i guess thats why they are behaving this way.

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yes i sent a letter to them last week Saturday via first class mail. They have yet to reply. The gentleman who came was trying to bully me to come into my house even though he had called the office...who confirmed that I'd paid the bill. This guy was hell bent on trying to come in! When he realised he was getting no where he said 'Yes well you're loan is up to date. But I will be waiting here in future.'

 

 

 

The guy that turned up might have been on commission only..

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Is it on a 2 year or 3 year agreement? 156 weeks is a 3 year agreement and 104 weeks is a 3 year agreeement. If it is only a 2 year agreement then they cant take it back without a court order.

 

Have you paid it up to date since?

 

Are you paying Optional Service Cover for the Fridge Freezer? If so then i suggest you cancel it (See Lefty's Brighthouse Factsheet Sticky for the letter) and that will save you some money.


:cool::cool: Blondmusic :cool::cool:

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CAG BrightHouse Fact Sheet HERE

 

But, if you're in a hurry, here's the bit you need...

 

Cheers

Lefty

 

 

 

If you have paid more than one third of your agreement total, BrightHouse must seek a court order before they can re-posses their goods – which are now considered as “protected goods”. (Note - if, after one third of the agreement total has been paid and BrightHouse do re-posses their goods without a court order and without your permission, then Brighthouse are in breach of their agreement and you are entitled to claim back all payments made previously on it.)

 

Even if you have NOT paid more than one third of your agreement total, BrightHouse must still seek a court order (return order) to re-posses goods from your home - even then they cannot forcibly enter. They can, however, re-posses their goods if they are in a public place.

 

If BrightHouse do decide to apply for a re-possession order (or return order), you will be notified of the hearing date and you will have the opportunity to put your case forward in court. If you want to keep the goods (and continue with your agreement) you must show the court you can still afford the repayments, and you should make a reasonable offer to reduce your arrears. The court will make a judgement and, if acceptable, order BrightHouse to accept your offer.

 

If you have paid more than half of the instalments on your agreement you may, if you wish, return the goods voluntarily and without any penalty.


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yes my payments are up to date. i sent a letter in September to remove the optional cover but they ignored my letter! they claimed that they were under new management and the letter had got 'lost'.

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