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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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piggywinkle

Sygma/Creation Finance being difficult

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My first post here, so please bear with me...

 

I have been out of work now for just over a year, when I had taken out my debts, I was in a well-paid job and could comfortably afford the repayments. My circumstances changed when I had to give up work and I was no longer able to afford my minimum payments - debts totalled 17k over 4 CCs and 1 loan.

 

Contacted StepChange who helped me put together my I&E forms to send out and all but one accepted my token offer of £1 payment - Sygma (or Creation Finance).

 

They have been a nightmare from day one - I've been harassed on the phone by them and had to send a letter asking them to remove my number under the DPA. Then they were wanting to know the details of what car my husband owned - when I explained to them that it was my sole debt and that I had taken out the CC before we even met, let alone got married, they weren't interested and accused me of being deliberately evasive.

 

I used to call them up, but they were like attack dogs on the phone and one guy in particular called me a liar and said that my husband could probably cover my debts, but I was being deliberately unhelpful to them (his words were, 'some people genuinely need our help and some people just want to get out of paying their way :!: ). He got really nasty, I had a good cry after I'd come off the phone and I'm not an overly emotional person.

 

Fast forward to now, they are asking to see 3 months of wage slips (I don't work), 3 months of bank statements and any claims of benefits I receive. I told them that I have no wage slips, and any benefits we receive go into my husband's account as a joint claim (we only get child benefit and a small amount of CTC). As for the bank statements, I asked StepChange and they effectively told me to inform them to go whistle.

 

Sygma replied today, saying that they need 3 months' worth of my bank statements, as well as 3 months' worth of my husband's bank statements, because that is where our benefit payments go. If I don't then they will continue to apply interest, default charges etc. to my account which will result in the balance increasing to unmanageable amounts and will be passed on to a DCA or followed up with court proceedings.

 

If you've got this far, well done. Question is, what do I do next? There's about £25 in my bank account, but my husband has said that they'll see his bank statements over his dead body. I wouldn't mind if he was on a footballer's wage, but we're downsizing to a new house next month as we're just about breaking even each month where we are at the moment, so it's not like we have loads of spare cash between us.

 

Any advice?

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they have no legal right to see ANY of yours or hiubby's pers details - end of.

 

is this debt on your CRA file?

how old is the card?

ever sent them a CCA request?

ever thought of reclaiming penalty charges & PPI?

 

stay off that phone too.

 

dx


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I would let it go to a DCA =, maybe you'll have a little more joy dealing with Sygma....

But then again i dont know...if it does go to court then im pretty sure that they will find in your favour.

 

Now my concern being that Sygma are requesting certain documents.... This is a big no no under UK Law and can only be enforced in Court on in extreme circumstances.

Tell them to go whistle and do everything in writing.... FMI whats the debt for and amount? Loan or CC?


**Fko-Filee**

Receptaculum Ignis

 

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they have no legal right to see ANY of yours or hiubby's pers details - end of.

 

is this debt on your CRA file?

how old is the card?

ever sent them a CCA request?

ever thought of reclaiming penalty charges & PPI?

 

stay off that phone too.

 

dx

 

Like you,

StepChange said that they have no legal right to see any bank statements etc.

but they're telling me that they're going to keep billing me for my contractual payments

and subsequent default fees (which ironically took me over my original credit limit = more penalty charges).

 

Yes, the debt is on my CRA files.

I took the card out in 2006.

I've never sent them a CCA request to be honest,

as when we move, any 'spare' money will be going towards my bankruptcy fees (which I haven't told them) so I didn't see the point.

Is it still worth doing?

 

I never opted into any PPI with them either so that's a dead end.

Edited by piggywinkle

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I would let it go to a DCA =, maybe you'll have a little more joy dealing with Sygma....

But then again i dont know...if it does go to court then im pretty sure that they will find in your favour.

 

Now my concern being that Sygma are requesting certain documents.... This is a big no no under UK Law and can only be enforced in Court on in extreme circumstances.

Tell them to go whistle and do everything in writing.... FMI whats the debt for and amount? Loan or CC?

 

I thought a DCA may be easier to deal with than Sygma

- they have just been completely and deliberately obtuse from the get go.

 

I have been doing everything in writing though,

and I request to continue doing this at the end of every letter I send to them.

They invariably write back with, 'please call us on... to discuss your case further.' Errrr, nope!

 

The debt is for a CC.

The amount outstanding now is £2135.

It was just under the 2k credit limit before they started whacking penalty charges on for me being over my limit

(I was over my limit because they were putting on late payment fees for me paying less than my contractual payment!)

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then sar them and get reclaiming.

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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When was this defaulted?


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When was this defaulted?

 

Last August. I have been paying them token payments of £1 per month since.

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dx100s advice is what you need to follow, do you know what the charges are currently?


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

Please Consider making a donation to keep this site running!

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dx100s advice is what you need to follow, do you know what the charges are currently?

 

Their default sum fee is £12 and so is their overlimit fee.

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My first post here, so please bear with me...

 

I have been out of work now for just over a year, when I had taken out my debts, I was in a well-paid job and could comfortably afford the repayments. My circumstances changed when I had to give up work and I was no longer able to afford my minimum payments - debts totalled 17k over 4 CCs and 1 loan.

 

Contacted StepChange who helped me put together my I&E forms to send out and all but one accepted my token offer of £1 payment - Sygma (or Creation Finance).

 

They have been a nightmare from day one - I've been harassed on the phone by them and had to send a letter asking them to remove my number under the DPA. Then they were wanting to know the details of what car my husband owned - when I explained to them that it was my sole debt and that I had taken out the CC before we even met, let alone got married, they weren't interested and accused me of being deliberately evasive.

 

I used to call them up, but they were like attack dogs on the phone and one guy in particular called me a liar and said that my husband could probably cover my debts, but I was being deliberately unhelpful to them (his words were, 'some people genuinely need our help and some people just want to get out of paying their way :!: ). He got really nasty, I had a good cry after I'd come off the phone and I'm not an overly emotional person.

 

Fast forward to now, they are asking to see 3 months of wage slips (I don't work), 3 months of bank statements and any claims of benefits I receive. I told them that I have no wage slips, and any benefits we receive go into my husband's account as a joint claim (we only get child benefit and a small amount of CTC). As for the bank statements, I asked StepChange and they effectively told me to inform them to go whistle.

 

Sygma replied today, saying that they need 3 months' worth of my bank statements, as well as 3 months' worth of my husband's bank statements, because that is where our benefit payments go. If I don't then they will continue to apply interest, default charges etc. to my account which will result in the balance increasing to unmanageable amounts and will be passed on to a DCA or followed up with court proceedings.

 

If you've got this far, well done. Question is, what do I do next? There's about £25 in my bank account, but my husband has said that they'll see his bank statements over his dead body. I wouldn't mind if he was on a footballer's wage, but we're downsizing to a new house next month as we're just about breaking even each month where we are at the moment, so it's not like we have loads of spare cash between us.

 

Any advice?

 

Hello. I have the same problem. i was trying to speak to them so many times, they are so rude and that's makes me upset. Just wanted to find out did you sort it out? What did you do? Kind Regards Ingrid

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hi

you wont get seen here

 

better to start a new thread

of your own

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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