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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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pcmf62

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Hi to everyone. This is my first post on this great forum, I’d like to thank anyone who takes the time to reply and or offer advice on my debt problems.

 

Ok so, my debts are all owed to credit cards IE all unsecured or so called low priority debt. I’ve paid the minimum monthly fee on the cards, and no doubt cost myself a fortune in interest. However I’m now in a situation where I have no income and my bank account is now in the red. I have been paying a minimum fee of £1.00 to the credit card companies, but now they’re starting to threaten “recovery actions” I’ve also had many hundreds of ‘phone calls which I ignore. For some reason they’ve suddenly all stopped (the calm before the storm?)

 

Now, I don’t dispute that I owe money. That’s not an argument. But as I’m in a position where I have no cash to pay the debts I owe, I’m not on benefits. I’m literally living day to day by selling off all my assets. I’ve applied for many jobs and even attended a few interviews, without success. The question is where do I go from here?

 

One person I’ve spoken to suggested forcing the credit card companies to make me Bankrupt. I’ve no idea how this works or how to set about it, as I always thought that to be declared bankrupt involved a fee of at least £700.00 (which I just don’t have)

 

I’d welcome any advice or suggestions.

 

Sorry for such a long opening post.

 

Very Best Wishes.

 

PCMF

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Welcome to the site.

A couple of questions;

 

1.How many different cards are we talking ?

 

2.What is the current overall total outstanding ?

 

3.Have you sent any comms in writing ? They are required to refrain from calling you if you make it clear that you will only deal in writing and are not ignoring them.

 

4.Has there been any charges levied on any of the cards which could very well be reclaimable (late payment fees/overlimits etc)

 

edit

Can you confirm whether all these are with original creditors and whether they are open or closed accounts ?


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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Thank You for tasking the time to reply Martin 3030. In answer to your questions.

 

1) 3 different credit cards.

 

2) Approx 35K

 

3) No comms in writing OTHER than a breif covering letter with each £1 PO sent monthly stating account number ect.

 

4) Yes there are charges on the accounts. Late/no payment over credit limit ect

 

All accounts are open at present.

 

Very Best Wishes.

 

PCMF62

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Ok,clear on that then.

Your card issuers/providers are obliged to take into account your ability to repay,and under various guidelines,cannot ask you to pay more than you can afford.

They can obviously escalate their collection procedures,but this has to be proportionate,and since you have no money to pay,is not likely to benefit them too much.

Firstly I think that you need to be putting something in writing to them outlining the position,it will help if you send with this an income and expenditure sheet to show that you currently are unable to maintain the repayments as agreed previously,but that you are not seeking to wilfully evade them.

You should state that you are aware of their responsibilities to you in consideration of financial hardship.

 

Secondly,I think that you should be looking to recover all the charges with interest which has been paid by you.

This will mean getting copies of statements which will allow you to total these up.

With interest it may well be that it is a substantial amount.

I suggest that you start threads in the Card issuers that are relevant for help and guidance in proceeding.

You will find them in the bank forums in the main menu under other institutions.

Perhaps you can say here who the 3 card providers are and what dates the agreements began.


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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Once again Martin3030 thank you for your reply and for the useful info contained within.

The three card providers are.

 

HSBC

 

EGG

 

Halifax

 

all of the above credit card accounts were opened between 1989 and 1994-5 in the days when you were bombarded with credit card application forms!! So the signed agreements would date from that period. I'm not too sure if this helps in some way.

 

Oddly I had a letter arrive within the last few minutes (our post seems to arrive later each day) From Capital Credit Agencies (Egg/Barclays) which seems to up the anti.

 

The letter states that they (Capital Credit Agencies) have been appointed by Egg to contact me in relation to my outstanding arrears. The letter then goes on to warn of impending legal action by "others" unless I phone an 0845 number, which I refuse to do!

 

Would I be right in thinking that I ned to write to CCA and informing them of my problems? They should already know, but I'll wager that they don't. Is there a suitable template letter on this forum I could use? Sorry to be a pest I have intermittant internet access at the moment due to a BT line fault.

 

Very Best Wishes.

 

PCMF62

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Thanks for that debtbutt but the link seems to be a Credit Card Agreement request? :???: I think that this could be my fault as I shortened Capital Credit Agencies name down to CCA Silly me!

 

The template I'm looking for is for a letter explaining that due to current circumstances I am unable to pay more than £X per month. I'm not trying to evade payment, but as explained above until my circumstances improve I can only afford to pay so much. At the moment my internet is playing up (BT are doing their best to fix the problem as I type.) This site seems to be keeping me logged in at the moment.

 

 

Very Best Wishes.

 

PCMF62

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This includes allhttp://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

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Hi pcmf, If you are intending to write

asking for a repayment plan on each

card I find it best not to use templates,

all the creditors, debt collection agencies

have seen every template in existence

a personal approach explaining your

circumstances and what you are proposing

to pay is very often given more attention

and consideration..

For your own purposes do an income, expenditure

statement, all priorities first + an amount for emergencies,

then other no priority debts so you can be sure that you

are not putting yourself in hardship, and always remember

that they cannot make you pay more than you can afford,

and you are in charge of your finances NOT them.

 

Brig.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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It is no secret that Capital is a collection arm of Barclays,so you can be sure that they do have access to all they need.

Capital appears on Barclays Consumer Credit licence,and the address I would use to communicate to them is ;

1, Churchill Place, LONDON, E14 5HP.

They are required to deal with you fairly and sympathetically,observing banking and OFT codes.

Ask them to forward you a copy of their complaints procedure.

Make it clear that you only wish to deal in writing too.

If they insist you communicate via the POBox in Derby address,you may like to remind them that their E14 5HP is the one listed on their CC Licence for correspondence.

They will have no answer to that.


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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