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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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ukaviator

HBOS took Farepak cash in knowledge company was heading for the brink

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HBOS should repay millions of pounds to depositors in the failed Christmas saving company Farepak, after being found to have played “hardball” in the months leading up to its collapse.

 

A High Court judge warned that the bank, now part of Lloyds Banking Group, risked being seen to have acted “unacceptably” by forcing directors of Farepak to take £10m from customers in a matter of weeks, despite knowing that the company was heading for insolvency. While fully exonerating directors of Farepak, Mr Justice Smith pointed the finger of blame at HBOS for precipitating the collapse of the company with overall losses of up to £35m for 120,000 depositors.

 

 

Justice Smith said: “I would suggest that HBOS [...] seriously consider whether or not they ought to make a further substantial contribution to the compensation fund. It seems to me that what happened here, whilst apparently legally acceptable, might not be regarded in the public’s eyes as being acceptable.” The judge was speaking after the case brought by the Secretary of State for Business, Vince Cable, to have seven Farepak directors banned collapsed. Mr Cable’s department was roundly criticised for errors in preparing the case. The prosecution, led by the Insolvency Service, had relied on witness statements which were unfairly “slanted against the defendants”, said the judge, listing statements from City figures such as Oliver Hemsley, chief executive of broker Numis and David Farrow, then at ABN Amro, all of which were tainted in some way.

 

 

Justice Smith said he did not believe the witnesses were dishonest but they had not seen crucial pieces of evidence. The seven former directors of Farepak, including Sir Clive Thompson, former president of the CBI, are now expected to pursue the Department for Business for millions of pounds in costs.

 

Link; http://www.telegraph.co.uk/finance/newsbysector/banksandfinance/9347400/HBOS-took-Farepak-cash-in-knowledge-company-was-heading-for-the-brink.html


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The Insolvency Service abandoned its five-year Farepak investigation after extraordinary new evidence showed that HBOSlink3.gif turned down the option of placing the money in a trust.

 

This meant that when the firm collapsed into administration in 2006 the cash was used towards repaying the bank's £31million loan rather than refunded to Farepak's vulnerable customers, many of them elderly.

 

Read more :- http://www.dailymail.co.uk/news/article-2162422/Doris-Money-bank-called-Farepak-savers-cash-thousands-lost-scandal-cheated-justice.html

 

I think that's outrageous. I don't understand the ins and outs' date=' but people saved money and now they've lost it. The fat cats seem to be OK as I read it.[/quote']

 

The bank used their right to 'offset' by the sound of things.

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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A High Court judge has partly blamed the "hardball" attitude of the HBOSlink3.gif banking group for the collapse of the Farepak Christmas savings firm in 2006.

 

Mr Justice Smith exonerated the company directors of any blame, after the government dropped legal proceedings to have them disqualified as directors.

 

In a highly unusual move, the judge called on the bank to return up to £10m more to the customers who lost savings.[url=http://www.bbc.co.uk/news/business-18540914][/url]

 

 

 

 

 

read more : - http://www.bbc.co.uk/news/business-18540914


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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