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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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MARTIN3030

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Just read that again and consider that IMHO the selling of our data

gleaned from OUR credit files is an unfair business practice, going to print that out and send with my submission to

my MP.


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Yes I am sure they have been taken to task on this many times since 2006.We have had 2 or 3 big cases documented on the site where individuals have taken on CRAs in the Courts.

Experian think they are too big to be challenged.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Lets all that the whole thing of government depts. using CRA's goes pear shaped.


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Seems damned if you do damned if you dont.

 

I had to get my credit file to fight unlawful charges yesterday and check my default notices. Today I have had 4 calls from utility companies offering different things. Never had any such calls before. Also texts from lowell . they have only been able to contact me by letter before. How do they get away with this

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they dont

any com can have a flag on your details that lets them know you have been to your cra and changed things

 

dunno about the marketing calls

if you've just signed up

youhave to tick a box to say no to 'special offers'

 

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The DCA's Cannot sell or pass on your details other than to the companies who are providing

the information, the CRA's don,'t gather the information it is supplied to them


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What they do though is offer Target lists.Read this it is quite interesting.

They admit that opt outs can be a problem,but appear to boast that they can offer some kind of gap fill.

 

http://www.callcredit.co.uk/products-and-services/consumer-marketing-data-and-segmentation/core?gclid=COi_v5_566kCFcce4Qodvg8mVg


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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It is interesting Martin, as I use all the CRA's for work had a look at some sample ''listings''

on the address list it is basically a phone book disc, the other note a household that has perhaps

had insurance quotations etc .

 

All of seems to be no more than any marketing agency in house out would have on file.

BUT I STILL DON'T LIKE IT:!:


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I was looking at their stats on individual areas,which show % of people who have chosen to opt out.

I think if more people were actually aware of what was happening here,the opt out figures would be much greater.

These days,there is also more of a call to be giving out emails and mobile numbers,in everyday situations,whether this be making a purchase online,or a simple enquiry.

Many people,tired of getting spam emails,or unwanted sales calls,end up changing numbers and using multiple email accounts,but no one should be having to do this.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The crux of the matter is I think that a very great deal of the time the public are not

made aware that they can opt out ,or the option to do do so is small and or hidden away,

there needs to be greater transparency.

Edited by BRIGADIER2JCS
  • Haha 1

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Can't believe it's coincidence. I request Credit Report from xperian then this happens.Lived here nearly 18 months. NEVER had one phone call from anyone trying to sell me anything and NEVER had any junk mail in my name. After less than a week the poor postman is on the floor carrying my junk mail. lol Any one else had this happen ??/

 

Lewte :) (Still Smiling)

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Yes this demonstrates what we are talking about.

Brig will know I commented on another thread,this relates to people who try to clean up their credit files and settle on debt,or else maybe one of their entries falls off after the SB.

It seems that the CRAs then notify any other lenders or assignees of defaulted accounts listed on the CRF that the subject may now be in a position to pay more,or else start to pay.

This is absurd and blows out of the water,any message the CRA might want you to digest from them,that they can help you to improve your credit score.....well of course they can-by ensuring any creditors are advised of your current status.

With this sort of arrangement going on,they have a lot to answer for.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Obviously they are all in bed together Martin !!

 

 

 

Lewte :)

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Hmmm So Mr Joe Bloggs like you or I can bury their head in the sands because they are scared by DCA's into believing they owe money.

 

When infact, many don't owe anything. The aledged debt is , in many cases, nothing but unlawfull charges.

 

 

Then when we decide to eventually take a stance and sort things out , we are told to first get a credit report.

 

The CRA's then make the situation even worse by letting anyone else know they can send letters to get unlawful charges tooo and put more pressure on !!!! SSSSSSSSSO Joe Bloggs thinks it is unsurmountable .......and caves in.!!!! Hmmm. (Sorry for spellings)

Just feel so strongly about this. It is soooooo wrong .

 

 

Only in England

 

Lewte :)

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Yes you got it in 1.

 

There have been some successes from people challenging adverse credit markers which were due to charges.

This happened with bank charges until the Supreme Court ruled in the banks favour a couple of years back.

But credit card defaults and others are still open to challenge.

Some additional Consumer regs and a revision of the banking codes may also give cause to challenge not only the actual reporting,but also any unfair business practices which led up to that.

There is still scope to beat them then,but it is often an arduous task.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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re cra defaults, see for eg

s159 consumer credit act (as amended)

[ATTACH=CONFIG]30804[/ATTACH]

[ATTACH]30805[/ATTACH]

Edited by Ford

IMO

:-):rant:

 

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s159 could, indeed, prove quite useful! depending on the circumstances!


IMO

:-):rant:

 

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I might be sounding cynical but I love the comment in the 'guidance on defaults' where unresolved disputes mean difficult decisions are to be made. Ahem, I've never yet seen a creditor issuing a default notice with one iota of concern for the (alleged) defaulter whatsoever. They happily will take your money and default you because, dependant on their own 'points' system the notice will just 'click in'.

 

Michael


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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I might be sounding cynical but I love the comment in the 'guidance on defaults' where unresolved disputes mean difficult decisions are to be made. Ahem, I've never yet seen a creditor issuing a default notice with one iota of concern for the (alleged) defaulter whatsoever. They happily will take your money and default you because, dependant on their own 'points' system the notice will just 'click in'.

 

Michael

 

Surely a default notice is issued by the creditor to give the

debtor an opportunity to rectify the dispute and not incur

any further charges or penaties.


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Surely a default notice is issued by the creditor to give the

debtor an opportunity to rectify the dispute and not incur

any further charges or penaties.

 

Well I guess they will still accept your payments (:whoo:) however for 6 years that default is around your neck wheather or not you pay the debt off. A potential creditor does not look at the word 'satisfied' but 'default' and as one sees on a CRA file it's in red, it is to someone who searches.

Michael


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Well I guess they will still accept your payments (:whoo:) however for 6 years that default is around your neck wheather or not you pay the debt off. A potential creditor does not look at the word 'satisfied' but 'default' and as one sees on a CRA file it's in red, it is to someone who searches.

Michael

 

Well if you fail to rectify the default, what do you expect, rectify the arrears then no default entry.


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Well if you fail to rectify the default, what do you expect, rectify the arrears then no default entry.

 

I'm sorry but the default will remain even if you clear the debt. The entry might well say 'satisfied' however the default stays (and shows as such) for the 6 years and any potential creditor will see it.

Michael


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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I'm sorry but the default will remain even if you clear the debt. The entry might well say 'satisfied' however the default stays (and shows as such) for the 6 years and any potential creditor will see it.

Michael

I see you are confused if you receive a default notice and rectify

the default within the time scale allowed there will be no default

to record.


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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1752 days.

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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.

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