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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • 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 😉
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IND/Welcome Finance - Claimform

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Hi,

 

I am being taken to court by IND/Welcome

 

they issued a Claimform

 

I have replied stating that as far as I was concerned the loan was repaid!

 

Here is my defence, and I'd like your opinion;

 

* In 2010 I recieved a cheque from welcome for about £3,000 for mis-selling of PPI,

if the loan still had an outstanding amount, why did they not use this toward the repayment of the loan, as my other Credit cards had?

 

* At the time, and months afterwards my credit file showed all the loans I had with welcome were "Settled".

 

* I recieved sometime afterwards (about a year) a letter saying that I owed £5,900 (approx),

i wrote back requesting a wriiten copy of the Credit Agreement, which they never replied to, however I do not have proof of posting!

 

They are disputing this and say I owe the money (I did have this loan with them),

and have now added another £1,700 to the loan and more charges, making my loan owing to over £8,000!!!

 

they have written to the Court asking this to be heard, and

 

I think they are going to really fight this,

 

whats your opinion, and

 

what can I do!

 

I don't want another CCJ, as I have just cleared my final one,

 

i am also not in a position to pay this.

 

I did think this loan was cleared as after receiving the payout,

 

i heared nothing for a couple of years.

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Hi,

 

I am going through a court case with IND,

 

who are collecting on behalf of Welcome Finance.

 

I have gone through all the CCA requests, etc, and they seem to have everything 100% ok.

 

However,

I have never agreed or have a contract with IND,

 

would I have a case of having this case thrown out due to the fact that I have never elgally entered into an agreement with IND?

 

Just trying to find a way of either winning this case or having it thrown out.

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ah stop reading those FOTL sites

 

no chance

 

tell us the full story please


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Dont listen to DX100Uk... Hes not a supporter of the movment while the rest of us are... Oh wait... Im on CAG.... Change Masks :lol:

 

Im kidding about the above, but we need more info. If it was a welcome loan have you tried to reclaim all penalty fees, etc etc


**Fko-Filee**

Receptaculum Ignis

 

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Hi,

 

I am going through a court case with IND,

 

who are collecting on behalf of Welcome Finance.

 

I have gone through all the CCA requests, etc, and they seem to have everything 100% ok.

 

However,

I have never agreed or have a contract with IND,

 

would I have a case of having this case thrown out due to the fact that I have never elgally entered into an agreement with IND?

 

Just trying to find a way of either winning this case or having it thrown out.

 

If the account was assigned to IND, then they are the new owner of the debt and are legally entitled to pursue you for the outstanding balance. However, if you were never advised that the account was assigned to them, then you might be able to challenge their standing in the case..

 

I am a little confused as to why you are asking this question, given that you claim to know the banking and credit industry very well ???


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I do know the credit industry very well, and helped people get back on their feet,

obtain bank accounts, cards, etc, even with poor credit,

 

I have also dealt with may payday loans companies and won,

however I let this case go, and I should of dealt with it earlier.

 

I had about three loans with Welcome, the last one I had I defaulted on due to redundancy.

 

i claimed back PPI fees and received a cheque for over £3,000.

I didn't understand why they didn't take this off the amount owing, as all my other companies had?

 

i didn't hear from them for a couple of years, then i recieved a letter with a statement saying I owed about £6,500.

 

All my credit file entries stated all my loans were settled!

I wrote to them asking for a written CCA, but didn't receive a reply, however I have no proof.

 

They have sent me statements, some of which are incorrect, they have assigned the debt to IND,

who have issued me with a Summons, which I am fighting in Court.

 

I want to know the best way to go with this as I do not want a CCJ on my credit file.

 

I have also send Data Protection requests, etc.

 

I have used the legal route of DC's companies not having legal rights and won before,

but this is usually done before any summons.

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can you fill this out please:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

so you have since the claim has been issued

 

sent a CPR & a CCA request

 

and they have supplied all they need too?

 

dx


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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

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The CAG Interest Tutorial Read Here

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Yes, they seem to of replied in the correct manner.

 

 

However, they have sent me a couple of statements which are incorrect and

 

 

yesterday they sent me a copy of a revised credit agreement with Welcome,

 

 

but it had no signatures on it!

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What is the value of the claim? £8,000

Is the claim for a current or credit/loan account or mobile phone account? Old Loan

When did you enter into the original agreement before or after 2007? In 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Being dealt by IND

Were you aware the account had been assigned – did you receive a Notice of Assignment? No sure!

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

Why did you cease payments:- Financial Problems

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementlink3.gif plan? Yes

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I have recieved a card from APS, and I was expecting a delivery from a catalogue company. So I called them and asked them to deliver my 'parcel' at work. It turned out to be a Court Order requiring me to attend the County Court to prove my financial situation.

 

Has this been done legally? Why did the court not send the papers?

 

where do i stad with this? I have an ongoing issue with Welcome Finance.

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I have recieved a card from APS, and I was expecting a delivery from a catalogue company. So I called them and asked them to deliver my 'parcel' at work. It turned out to be a Court Order requiring me to attend the County Court to prove my financial situation.

 

Has this been done legally? Why did the court not send the papers?

 

where do i stad with this? I have an ongoing issue with Welcome Finance.

 

It would be up to the claimant to evidence that you had received the court order and knew you had to attend the court. If you don't attend the court and cooperate with the court, it is potentially serious i.e contempt of court.


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posts moved on to your own existing thread.

 

ok can we resit please and can you tell us what you have done

with this claimform since 19th August?

 

it appears nothing...

 

did you send ind a CCA request after your received the claimform

cause I bet this is a refinance agreement that was done by a welcome member of staff over the phone

so IT WONT BE SIGNED BY YOU.

 

if this is the case ..end of problem.

 

have you phoned the court or looked at your credit file to see if

[as I suspect] theres already a CCJ by default now

 

hence the SD coming to enforce it?

 

dx


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

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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

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be nice if you updated this thread as you are around?


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

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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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Well I went to court and they won.

They had at first claimed that they did not have a copy of the Credit agreement, but when they appeared in court had one typed out without my signed signature.

It was typed.

I argued the case, but they judge said they didn't need one!!!

 

I went into a monthly agreement of paying £15.00 a month.

However now I have Barristers looking into the case.

Not cheap, but hopefully worth it.

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that was naughty for the judge to allow that on the day..

 

still got the stuff they sent?


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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Yes I have.

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scan up the agreement and the T&C's to ONE multipage PDF then please

read upload


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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