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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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olliepup

Will it stand in court if its not on your Credit file?

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Just a quick question,

 

As the run upto xmas i find these leeches get busy to try and upset people no doubt!

 

I had an egg credit card debt which i cca'd some time ago, they did produce what seemed a valid credit agreement.

 

I have been making payments over the last few years and it got passed over to Barclaycard.

 

I have been short so i havent paid the last 2 months, i was paying 19.74 but now they are asking for 75 a month and should contact them as they have been trying to visit my property which isn't true.

 

I have checked my file and this debt is no longer on my file, now Barclaycard have it would it be enforceable in court with it not being on my file?

 

And would egg have passed on the paper work??

 

Moorcroft are collecting for Barclaycard, i owe 1600 quid .

 

Many thanks.

 

 

Olliepup

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It is my understanding that it would drop off your file after 6 years anyway.. but if you have been paying each month, I think you are going to have a hard time denying that there is any right for them to continue to collect !


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If Moorcroft are collecting "on behalf of" then carry on paying the original creditor...you are under no obligation to deal with the DCA.

 

Barcaycard took over Egg card accounts (or most of them anyway).

 

The fact that it doesn't appear on your credit file doesn't mean that they can't take action and that it is not enforceable, it purely means that the default has dropped off.

 

Have you done the usual of reclaiming any charges etc that may have been applied to the account?


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Opps...snap with CB :lol:


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They would certainly struggle to achieve a judgement after all this time, but the debt is still live.

A judge would want some very good reasons why enforecement action had not been taken earlier.


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Thanks for advice guys, I should maybe just send my usual cheque for the normal amount, I have been kicking round the forums a while but I can't remember what charges I could claim for on a credit card account?

 

Or shall I just ignore and see how far they will go??

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Your decision but it's probably what I would do.


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Thanks for advice guys, I should maybe just send my usual cheque for the normal amount, I have been kicking round the forums a while but I can't remember what charges I could claim for on a credit card account?

 

Or shall I just ignore and see how far they will go??

 

There is nothing wrong in getting prepared. You may even be surprised.

 

Have you got all of the statements of the account?

 

What you are looking for are charges for being late with payment, going over your credit limit and the like. Pretty much anything that is not "normal purchases".

 

You will able be able to claim back any interest which has been charged as a result of these penalty fees.

 

If you don't carry out this exercise you will never know what the "correct" balance on the account is.


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I don't have all the statements now, god knows where they are, will I have to sar them again?

 

Part of me wants to just ignore them as I'm fed up with them to be honest, I had a doorstep visit for another debt that is in dispute , I phoned him back and told him and he was thoroughly nice and said if it comes up again he will not bother.

I find they always get busy in weeks before Xmas, think its to try and spoil your time.

 

I am also tempted to send them take me to court letter, and see what they do, have used it before with some success .

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If you want the statements then yes another SAR will be needed. You say "another" so I assume you have done one historically but not kept the data....bit of a shame really.

 

Personally I wouldn't tempt them with a "take me to court" letter....they may take you up on it.

 

You could carry on paying what you feel is a manageable amount each month and if this did go to court then a Judge is not going to require you to pay more than you can afford.

 

Just bear in mind that there are no guarantees that they won't issue against you if you stop paying.


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I thinl i will send a cheque for what i can afford and pop a note in, if they want to take me to court for 1600 quid and they won't get anymore a month it will be an expensive exercise or would i get the costs added to the debt??

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but pay the OWNER not the DCA

 

and stay off that phone too!!

 

dx


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but pay the OWNER not the DCA

 

and stay off that phone too!!

 

dx

 

So even if moorcroft have been running the debt I should send a payment to Barclaycard? Will they not tell me to deal with there dca as they no longer have the debt, I'm unsure wether they have purchased it or are they the in house collector?

 

Should I make a re offer to Barclaycard or just send a cheque with the account number?

 

Thanks again everyone!

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not being funny OP

but you've been around since 2007

and been advised numerous times on various threads what not or too do...

wthh your debts.....anyhow

 

ok you cra file will tell you who owns it.

 

i hope those payments have been going off the debtnot to moorcraps pocket

 

dx


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