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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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Hi,

 

I've joined this forum to try to get some help for my husband's elderly parents, who have been receiving frequent messages from these people, and are causing a great deal of distress.

 

They have been hounded by nuisance calls generally, which lead to them reporting it to the police a few months ago, and getting their phone number changed. My MIL almost fell foul of a 'Microsoft' fix-your-computer [problem] call, which we think might have got them put on a sucker list.

 

Anyway, they have a new number, and have gone ex-directory, but have since started getting calls from MMF that are recorded messages, threatening to visit them if they do not contact them about a 'matter'. My in-laws do not, and have never had any sort of debt - they pay cash and don't even have a bank card or use cash machines.

 

They recently purchased a BT call blocker phone, but it doesn't stop these people, and they seem to be calling from a different number each time, so it feels like £50 down the drain, plus my in-laws now feel that there is no way of escaping from these people.

 

I have found the website and an address, and would like to send them a letter telling them to stop, but don't want to give my in-laws details, as they don't appear to hold any information other than the phone number. Also, whilst I am going to write on their behalf, I don't really want to give them my details either.

 

I have made a complaint to the ICO via their website today, but would really appreciate some advice on how we can make these people go away. The distress they are causing is really severe and I need to try and stop this now. Please help!

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You need to write a formal complaint to MMF. Address it to rob sands. Tell him exactly what is going on and what you want doing in order to rectify the problem. Also, have a read up on harrison vs link if you feel like taking court action against them.

 

I would also inform OFCOM and the OFT. You can also get the FOS involved as well.


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..

 

 

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You need to write a formal complaint to MMF. Address it to rob sands. Tell him exactly what is going on and what you want doing in order to rectify the problem. Also, have a read up on harrison vs link if you feel like taking court action against them.

 

I would also inform OFCOM and the OFT. You can also get the FOS involved as well.

 

Thank you so much, this is just what I need. I don't really want to give them my details, but if it puts an end to this I will. Court sounds like an idea, but we're all in poor health, so would have to think about it. I will update this thread and let you know what happens. Thanks again.

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Just be aware that you must put your foot down with rob sands. The rest of this outfit will ignore you completely and say you never contacted them. They have total disregard for the rules, which is why rob sands ( the compliance manager) is your go to man. be aware though that he does seem to take a while to answer letters, if at all, so you need to make strict timeframes for him to adhere to.


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

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Will do, thanks. I think I will forward the letter to the relevant authorities, and make him aware I am doing so. We just want them to stop!

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With MMF, you have to be persistant and be ready to go through with possible legal action. Thats why you need to exhaust every other avenue first.


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

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Have a word with their telephone provider - most phone numbers are recycled - it could possibly be that they have been given a number where the previous owner of it was in debt !


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Have a word with their telephone provider - most phone numbers are recycled - it could possibly be that they have been given a number where the previous owner of it was in debt !

 

Wow, never thought of that. Will write to them too. We will take this all the way, if that is what it takes.

 

I assumed that the number had been harvested through one of those silent calls, where if you answer, they know it's a valid number. Thanks for pointing this out. Terrible the lengths we are going to have to go to to stop this.

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Wow, never thought of that. Will write to them too. We will take this all the way, if that is what it takes.

 

I assumed that the number had been harvested through one of those silent calls, where if you answer, they know it's a valid number. Thanks for pointing this out. Terrible the lengths we are going to have to go to to stop this.

 

That is not allowed, and if theyve done that, theyd be in more trouble than they already are.


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

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