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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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HELP

 

I have received a hand delivered letter in my letter box today from BAILIFFS

 

It is addressed to my son who hasn't lived here since he was 17.

 

I dont normally open any of his post and just bin it however this letter was not totally in its envelope.

 

I have been estranged from him since he was this age as he was in considerable trouble with the police

 

Now I have notice that these people are to return to my address to remove goods

 

Help what can I do

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They could only remove his goods, not yours.

 

Does he have any goods at your home?

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No he has nothing here !

 

But how do I stop them calling I have visions of them knocking my door down

 

I am disabled and to add to that I have just had major surgery on my leg so therefore cannot walk - and I'm not too fast on these crutches it would take me 10 minutes to get to the door in this time they could gain entry before I even had a chance of getting there

 

I am so worried about this

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whats the debt all about?

 

p'haps better to contact who sent the bailiffs around

 

was it the court?

 

is this a magistrates fine?

 

more info please

 

dx


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Don't worry - they won't break any doors down.

 

You owe them nothing, you are not the debtor and they aren't after you. What you need to do is tell them that your son does not live there, and hasn't for several years, and that he has no property there at all. They will probably want to see proof, in which case, Council Tax bill for the current year (and if possible lastyear too) will prove who lives there.

 

Start by phoning them and just tell them the situation.

 

Do you know where your son lives? They may press you to tell them, but of course you don't have to. They can't take your property and they can't force their way in.

 

How did they get your address, by the way? It suggests the car is registered at your address - if so, you need to also get in touch with DVLA and get them to amend their records. Do you know if this is the case?

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Its for a parking fine

 

says unpaid penalty charge

 

For which Council & do you live in the same Council area?


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I have no idea how they got my address maybe my son did register it here

 

Any post I get for him goes straight in the bin I have had enough of the childs antics over the years

 

Will contact DVLA now - 2 years council tax bill :/ I'll have to hobble around to try and find one

 

Shall I phone to speak to them or email them?

 

You sure they cannot force entry this notice says they have a warrent of execution

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Phone - much quicker. Check whether DVLA have your address - if so, tell them you want it removed and they will tell you what to do - to avoid this sort of thing happening again.

 

If the bailiff did not get your address from them, then don't worry - but do speak to them as I suggested above. Phone them and tell them the situation.

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If there is penalty charge for parking then it is CLEAR that you son still has a vehicle registered at your address. I would assume that you wold also receive yearly road fund licence reminders from DVLA each year as well.

 

Which bailiff company has written to you?

 

PS: The warrant is addressed to your son. It allows bailiffs to seize goods belonging to HIM and not you. I would suggest that you do not open the door to any bailiff and they do NOT have the right to force their way into your home.

 

Jamberson has provided good advice above. Please post back with details of the bailiff firm.

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Collect Service Limited

 

says called today with a view to levying distress (certainly did that)

 

No letters from DVLA has come for my son that I can remember ?

Edited by onestressedwoman

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Collect Service Limited

 

says called today with a view to levying distress (certainly did that)

 

No letters from DVLA has come for my son that I can remember ?

 

See if you can phone the bailiff (record the call if you can) to tell them that your Son has not lived with you since he was 17 and there is nothing at the address that belongs to him. Advise them that you will obtain a statutory declaration to this effect if need be. See what they say and post back.


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Sent them an email with 2 years council tax bill

 

Noting to them that they have not acknowledged the 2 email notices I have sent them and have requested confirmation of receipt by return

 

don't think can record any calls but will look for a way on my phone ???

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Well that's great !

 

My emails failed ???

 

Haven't got a clue how I am going to get notice to them can't walk can't leave the house errrrr

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Phone the bailiffs on Monday morning to advise them of the situation. If you know which council they are chasing the parking fine for, you could contact them if the bailiffs don't listen.

 

If you have an Ipod or phone with a recording device, you could use that by placing the microphone near to the speaker part, so it picks up what they are saying, as well as what you are saying.


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I googled an alternate email address as the address on paperwork is not receiving mail and have noted that entry to my property will now be classed as harrassment as you may be able to tell I have had enough of this now

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Tried phoning council to get yet another automated line - left the requested message for them to call me back that was on Thursday to no response

 

Think I'm going to stick a note to my front door as no way I'm getting up hobbling to the door to speak to these bully boys

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Just received automate response saying basically they are in interested deal with doorstep agent

 

****** choice words *********

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Can anyone tell me :/

 

This letter says they have a warrant of execution in their possession ?

 

Does that make things different ?

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no your son does not live with you.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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You need to contact Collect services with a copy sent to the council that issued the PCN.

 

You need to tell them that 1, your son has no connection to your address since he was 17 and you have no idea of his whereabouts. 2 you need to make it clear that you are vulnerable due to your disability so they SHOULD not even make a visit.

 

They can do nothing. They cannot break in, even with a warrant.

It maybe that they have traced your son to his last known address, which happens to be your's. I would be inclined to call the bailiff company (not bailiff) and let them know. This should stop any further bailiff visits.

 

If it dosnt then you would need to write a formal complaint to the CEO of the issuing council and get them to investigate Collect services and get them to stop hassling you.

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I'm flaffing about this just incase one of the children open the door (which I have never allowed) but you know sods law -

 

I'll try and find cell's email address in the morning thanks people !

 

I'll let you know

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