Jump to content


  • Tweets

  • Posts

    • 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. ]
  • Our picks

cmab

Overseas CCJ advice

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2205 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

I have just received a form N1 claim (CCJ) on behalf ofZopa for £1, 500. My husband and I are now living in France, no longer UK resident, this claim has come out of theblue, sent to our old UKaddress. In the year we have been here we have found it difficult to organisemoney and banking. We are notfinancially able to pay it off, due to my husband being out of work, but do not want to shirk our responsibilities.We are up against a deadline due to them not having our overseas address. I feelreally concerned and worried about this. We are very much in the dark as to howto respond at such short notice. Should we phone/email or have we time to fillout the form and send it back to them? Is there any advice on the bestimmediate course of action?

Share this post


Link to post
Share on other sites

Did the claimant know about your change of address?

 

Can you provide more info on the debt and the history of it?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Hi

Thanks for your speedy response

 

No they didn't know about change of address, it slipped under the radar due to an oversight on my part.

The debt is a small loan over five years that has about a year left on it. Prior to leaving England it had been 100% up to date with no late payments.

Share this post


Link to post
Share on other sites

Canyou give us more detail of the debt? WHo is after the CCJ? Was teh debt sold on? How much is it for? Any charges/insurances that could be reclaimed?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
Canyou give us more detail of the debt? WHo is after the CCJ? Was teh debt sold on? How much is it for? Any charges/insurances that could be reclaimed?

 

I think it's a company called P2PS Limited. So I'm guessing that means it was sold on as up till now I had never heard of them. The loan was Zopa originally. They are now claiming just shy of £1700

We didn't take insurance, but I have no idea if there are charges that can be reclaimed. Sorry to be vague.

Share this post


Link to post
Share on other sites

Well, you need a full itemised breakdown of the debt for a start.

 

Since you have had the papers, you need to make sure you acknowledge the claim form using the info on it, otherwise they will get judgement by default. There are a LOT of unanswered question here and you need to get to the bottom of it.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

This needs to moved to the legal forum. I will ask site team to do this.

 

Can you just dispute the jurisdiction of a UK court dealing with a claim that relates to the consumer credit act, being that you were a resident of France at the time the claim was issued by the claimant ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites
Well, you need a full itemised breakdown of the debt for a start.

 

Since you have had the papers, you need to make sure you acknowledge the claim form using the info on it, otherwise they will get judgement by default. There are a LOT of unanswered question here and you need to get to the bottom of it.

 

Ok. I will acknowledge it straight away. If I've understood it correctly I can do that online so that's good.

The unanswered questions - do you mean things that I should know about this claim? For instance, how would I know if it was sold on? And what charges could be reclaimed? I know about ppi (which we declined), but I don't know about any other unfair charges.

Thanks again for taking the time to help me.

Share this post


Link to post
Share on other sites
This needs to moved to the legal forum. I will ask site team to do this.

 

Can you just dispute the jurisdiction of a UK court dealing with a claim that relates to the consumer credit act, being that you were a resident of France at the time the claim was issued by the claimant ?

 

Sorry and thanks. I figured the debt section was the right place but I'm new here.

 

I have no idea if I could dispute it. This is all new to me and quite a shock. At the moment I'm just feeling overwhelmed, but I'm willing to listen to any help and suggestions.

Share this post


Link to post
Share on other sites

Hello there.

 

I'm a bit confused about your reference to P2PS. Zopa is a peer to peer lending company, where individuals lend to other individuals, normally at rates that are more favourable than the banks.

 

I don't know more detail, but I understand that P2P means peer to peer, so maybe the loan is still with Zopa. Always happy to learn more though. :)

 

My best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
Hello there.

 

I'm a bit confused about your reference to P2PS. Zopa is a peer to peer lending company, where individuals lend to other individuals, normally at rates that are more favourable than the banks.

 

I don't know more detail, but I understand that P2P means peer to peer, so maybe the loan is still with Zopa. Always happy to learn more though. :)

 

My best, HB

Well, reading the paperwork again I think you're right. There is a long list of names of ppl with cash amounts next to them.

So if Zopa still have the claim and haven't sold it on is that a good thing? Where in the bundled paperwork would I find out for sure?

Share this post


Link to post
Share on other sites

Sorry, I missed the bit about moving this to the legal forum, which I'm about to do. I'll leave a short term redirect to follow from this forum.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

If you could type out the particulars of the claim oleg (verbatim) and the name of the Solicitors representing?

 

What date is on the claim form?

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Is this what you need? :-

 

 

Brief details of claim

The Defendant entered into agreements ("the Agreements") with lenders (the Lenders") for the loan of sums of money. The Lenders, who have Assigned their rights to P2PS and the amount of money that each lent is set out in Schedule 1 attached hereto. All of the Agreements contained the same terms a copy of which is set out in Schedule 2 attached hereto.'

Share this post


Link to post
Share on other sites

And the date cmab ...are there any attachments with the N1?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Dated 15th September

Against claimants solicitor it says N/A

Share this post


Link to post
Share on other sites

Yes. Three attachments.

Schedule of lenders

Loan conditions

Zopa principles

Share this post


Link to post
Share on other sites

So no Solicitor they represent themselves.......

 

Ok so you have 33 days in total 5 deemed served so acknowledgement of service was the 3rd October and you have done it today (7 days late) any defence should be submitted by the 17th October if not too late.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thank you Andy,

So I'm hoping that I can contest jurisdiction. Is that the right route for me to go?

What happens next?

Really appreciating all the help :)

Share this post


Link to post
Share on other sites

You need to check firstly that your AoS has been accepted...you are 7 days late.You cant contest jurisdiction the summons has been issued here in the UK...pertaining to when you did reside here.

Last known address is considered good service and as you have stated you did not inform them of a Change of address.

 

You can defend this easily but you need to sort the AoS out first and hope they have not already attained judgment by default.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks Andy

A phone call has confirmed they have not attained judgement at this moment.

I'm pleased that you think I can defend it easily... But how?

 

Thank you

Share this post


Link to post
Share on other sites

Now you start to explore and break their claim down...can you scan in the attachments (less any identifiable data removed).

 

The particulars you have posted you state " brief " we need to know word for word what they state.

 

Type into the the search box above CPR 31.14 and use this template to request further information referred to in their particulars....the agreement the notice of assignment and statements to verify the amount claimed.

 

Send this recorded delivery to the claimant and also send a section 77/78 request separately this is a legal request for the agreement..they have 12 +2 days to comply.The CPR request is free but you will have to enclose a £1 Postal Order in the section 77/78 request (letter N in the templates library.Head the request " We/I do not acknowledge any debt with your company "

 

As stated send both requests by recorded delivery and retain proof...print name ...no signatures.

 

 

Get on with that today and then we will move on into the process.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thaïs brilliant! Thanks very much for your guidance.

Will report back with progress :)

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...