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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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opal21

Notice Seeking Possession.What aftermath?

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My HA stopped receiving Housing Benefit payments, I did not know that it was frozen for some 7-8 weeks. I kept paying on time every week my part of £23; HB was £55. 4 weeks ago my wife started her part time job. Today I received NSP ground 10 and 11. I believe arrears will be cleared soon by the council, but it is not my fault that HA did not get rent on time. Are there any after effects of this matter in order to get mortgage/credit checks? If they are, can they be removed somehow?

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Sorry do not know the answer to your question. I guess a mortgage company would do a credit check and check if your rent payments are up to date. Are you thinking of applying for a mortgage now? If not I should not worry too much as you can rebuild your credit rating.

 

Have you actually checked your credit rating to see how it is looking?


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Thank you Jansus for reply. It is not right time for me to look for a mortgage yet because I am jobless now. Yes, I believe you're right about that after some time my credit rating will improve if it is affected by that Notice. But it is possible that it does not affect at all, but if it does it is not to late to do something, I guess. Today I am less worried than yesterday. Actually I was shocked yesterday when housing officer brought to me that Notice Seeking Possesion because I had no idea about freezing of the Housing Benefit.

Do you know easy way to check credit rating?

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If you go to the martin lewis website there is a whole section on how to check it and how to improve it as well - the cheapest way is to send a postal order by post - it only costs one or two pounds. It is worth doing and make sure you read all sections carefully including associated addresses etc and I found several errors on mine.

 

I think all the addresses are on that site as well.


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Actually there's not much to check - I do not borrow money - I do not buy anything if I have not enough cash even a car and I do not have any monthly payments like mobile phone plan. I checked the website you reffered and will finish registration on Mon.

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actually in this topsy turvy country that has the reverse affect. If you do not borrow it gives you a lower rating as you have not proved you can pay a loan back. Its crazy.

 

My son had never borrowed a penny , wanted to change his current account and required NO overdraft and was refused because of his credit rating.

 

then we wonder why we are in the state we are.!


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Only yesterday I received a letter stating that I am in arrears, backdated by 9 days. So, firstly comes NSP and then message that I owe rent!

Does anybody know are there any future effects of the Notice Seeking Possession?

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Thank you Maya. It is the way it should be done - tell your tenant that they are in arrears and if they ignore your message then you issue something more serious, like that Notice. But this time I believe Housing Association's (Contour Housing) finance officer did not follow the rules. OK, I can live with this, rent arrears are cleared now by the Housing Benefit, I am paying my part - I was always paying with no gaps, but I am still not !00% sure does this affect my credit rating. But as it was said above - it can be improved.

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t mobile do a 6 months contract plan sim only which most people with low credit status may be applicable?

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