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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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exeterbay

Lowell and Creation

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Hi

We owe £3000 to Creation Finance and had agreed to pay £50pm some 2 years ago, we have paid on time each month and were happy to continue for now...

But We have received a letter form Lowell bluntly stating that that they have purchased the debt and we have to pay them.

I cancelled the Direct Debit to Creation so that they didnt receive the money and awaited for Lowell to contact us with a 'welcome pack'(!!!)

We have now received a letter form Clarity stating Failed payment notice!

Can we continue to pay the £50 pm to Lowell as we did to creation or are we at the mercy of Lowell now??

 

Many thanks

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Welcome exeterbay,I love the a "welcome pack" from Lowell,all you will get are idiotic demands, and you are not at the mercy of Lowells.

 

If they have purchased the debt then you should receive a Letter of Assignment from Creation and one from Lowells,I trust you have these?

 

Assuming you are happy and can afford to pay £50 per month then set up a Standing Order to Lowells not a Direct Debit that puts you in control.

 

Did this loan have PPI and where there any charges made by Creation

 

Regards FS

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Hi Firstship... speedy reply..nice.

Yes we have a letter of assignment from both companies.

£50 pm is fine ,

Lowells didnt give us any bank details they just said you must call us and pay the outstanding!

 

If we call them and say 'we were happy to pay £50 with creation and that is what we will continue to pay with you please give us bank details' can they argue with that?

 

Don't think it had PPI i've always been too tight to take it out (part of me wishes i had just to get some bulk cash back in!!) and not sure on charges, i will have to look through the paperwork, if there are charges what can i do about them?

 

we had received an offer letter from creation some time ago of 50% off the debt but we just didnt have the cash so it makes me think lowell have paid peanuts for it so they will take a low offer in the future?

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Lowell will have paid 4p-15p in the pound as you have paid on a regular basis it will be nearer the 15p,but they will not admit to this.

 

Never happy about phoning these low life,so write to them or email ask for their bank details and confirm you will continue to pay the £50 as agreed with Creation,they cannot and will not argue about the amount you are offering.

 

Did you have 0% pay back agreement with Creation?

 

You need to check the statements from Creation just in case you paid PPI,and list the charges as well, if any, these can be claimed back,any thing to reduce the balance outstanding

 

In due course you will receive an offer from Lowell's and it will be better than 50%,or at least usually is

 

FS

 

Am I correct this was a Loan?

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Hi

DO NOT call them! They will put pressure on you to make payments above and beyond what you can afford. Deal in writing only even though it is slower.

 

You tell them what you will be paying £50 per month is more than reasonable to me. Ask for their bank details and set up a Standing Order-Not a Direct Debit as they can change the amount at will (sometimes without informing you)

 

If you don't have all the paperwork regarding the original accoubt you would need to SAR the original creditor (costs a tenner). Account info would show what charges were added which can be reclaimed but it may show up other stuff too....


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thanks to you both!! cant believe they pay that little for it! I have another issue thats cropped up with Welcome finance, can i askyou about it in here or somewhere else? you guys are topdrawer so more than happy to share with you!but i have a couple other questions on this saga first..

 

What does 0% payback agreement mean?

 

It was a car loan

 

If there are charges why can i claim them back? and from who?

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Sorry as you had an agreement to pay Creation back at £50 per month did they freeze the interest?

 

If there where any charges for Late Payment, Underpayment ,or any other charges made for whatever reason,they can probably be claimed back from Creation,

 

So check all your paperwork and the agreement to see whether PPI was added.

 

FS

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thanks!! will check it all out!

im going to post another now to do with Welcome!!

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Lowell don't like payment plans hence the lack of payment instructions bank details...watch they don't issue a Statuary Demand/Court Claim for the full amount.

 

 

Regards

 

 

Andy


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