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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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Kept this quiet didn't they ?

 

 

Controversial rises in court fees will come into force next Monday barring a parliamentary upset, the Gazette can reveal.

 

The 5% levy on all claims over £10,000, up to and including claims valued at £200,000, was approved at the delegated legislation committee stage in the House of Commons last week.

 

A further debate will be held in the Lords this week, and subject to clearing that hurdle the fees will come into force on 9 March.

 

The Law Society, other legal professional bodies and judges have condemned the changes as a threat to access to justice. Under the new scheme all money claims of more than £10,000 that go to court will be charged 5% of the value of that claim.

 

Read the full article -

http://www.lawgazette.co.uk/5047192.article?utm_source=dispatch&utm_medium=email&utm_campaign=GAZ020315


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Some case studies were done showing the impact...

 

The Society said it has collected case studies from solicitors showing what impact the fees would have on ordinary people seeking justice.

 

One concerned a pensioner with a claim against a financial adviser for the loss of his entire pension fund, for which the fee for applying to begin court proceedings will increase from £910 to £5,000.

 

Another case study found that a young girl with brain damage due to a failure by doctors to diagnose meningitis as a toddler will now require £10,000 to mount any fight for a secure financial settlement.

 

 


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Uploading documents to CAG ** Instructions **

 

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HERE

2: Take back control of your finances -

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Read Here

4: Staying Calm About Debt

Read Here

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Please Read

 

 

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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The proposed increase in the N244 fee from £155 to £255 is also going to make it very difficult for public to make applications that honestly, in many cases where they are a defendant, they should have the right to make for free.

 

£155 was taking 'the proverbial' somewhat to start with.

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The fee hikes are a disgrace and pure money making scheme.

 

They will restrict access to justice and make Court proceedings only available to the very wealthy.

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I agree, Ganymede, it sounds like disempowering ordinary people.

 

HB


Illegitimi non carborundum

 

 

 

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I agree, Ganymede, it sounds like disempowering ordinary people.

 

HB

The Law Society, along with other professional legal bodies, have sent a letter before action notifying the MoJ that they are going to take this to a Judicial Review.

 

Hopefully the fee increases can be reversed.

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The fee increase which is coming in next week should only affect claims for more than £10,000. I personally don't feel too strongly about this. Hopefully the MOJ will use the money to improve the service offered in the county courts, which can sometimes be an utter shambles, but I'm not holding my breath.


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I agree, Ganymede, it sounds like disempowering ordinary people.

 

HB

 

Thats the conservatives for ya.


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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Thats the conservatives for ya.

 

 

 

Every time!


:mad2::-x:jaw::sad:

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Increases from effect today 21st March 2016

 

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

 

As you may be aware, subject to Parliamentary approval, there will be a number

of changes to court and tribunal fees anticipated for March 2016.

 

In possession claims the fee for issuing proceedings will be increasing from

£280 to £355 and for those who lodge online through PCOL from £250 to £325

 

In general applications within civil proceedings the fees will be increasing

from £155 to £255 for an application on notice and from £50 to £100 for an application

by consent/without notice.

 

These increases will not apply to general applications made within protection from harassment claims or applications for a payment out of court funds.

 

Nor will they apply for applications within insolvency proceedings where the existing fees for general applications will continue to apply

 

The date of implementation is 21st March 2016.

Edited by citizenB

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1355 days.

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