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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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No Idea What To Do

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I was signed off JSA for taking my third period of sickness in a twelve month period at the start of December.

I was advised to make a rapid reclaim which I did, had my appointment on December 12th.

 

I rang on December 22nd to see if anything had happened with processing my reclaim

only to be told by someone on the phone that my original claim had only been shut down in one way

and she needed to close the other part. I agreed to this.

 

I managed to get through Christmas and New Year on no money at all,

was told no financial help for my fuel costs as I pay by direct debit and therefore will not be cut off if I do not pay.

It made no difference that I owe my energy company £880 for previous bills

and they have threatened me with pre-payment meters if I do not start to make regular payments.

Also was told I did not qualify for any emergency payments or even food bank voucher.

 

Today I recieved several letters,

one from the council saying my Housing Benefit had been suspended,

it seems this hadn't been done when they originally closed my claim

and must have been done when the other part of my original claim was closed.

 

 

I rang the council to be told I could not declare nil income as they had no idea what was going

and they didn't know what dates I needed to declare from due to what I was told by the DWP regarding one of the letters I recieved from them.

 

I also recieved 3 letters from the DWP,

one was my P45.

One was saying that they had stopped the deductions from my JSA to pay the council my council tax.

 

The third is the one that confused me the most.

It stated that they could pay me JSA from August 15th 2009 but on December 17th 2014

they would no longer be paying me JSA as I was either working more than 16 hours a week

or I had asked them to stop my JSA.

I had done neither thing.

 

I rang the number on the letter and they could not understand what was going on,

my original claim is closed and they have no record of a rapid reclaim.

 

 

I was told I would have to make yet another rapid reclaim but no backdating would occur.

I was also made aware that it could be March before any money is received as from January 1st

any new claims will be under Universal Credit and not JSA.

 

I was due to sign on tomorrow, an appointment made for me at my rapid reclaim,

no idea if I should go just in case the people on the phone have made a mistake.

 

Feel totally at a loss as to what to do.

 

 

Can anyone give me any advice?

 

 

Both the council and the DWP didn't seem to care

and they expect me to know what to do

and how to sort things out when I have no idea.

 

Thanks in advance

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I assume you are a single person with no disabilities or children.

 

If you are living in a Universal Credit area and have had a break in JSA, you will be advised that you need to make a claim for Universal Credit.

 

Have you made a claim for Universal Credit yet?

 

As Universal Credit includes an element for Housing Costs, you will no longer be eligible for Housing Benefit.


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Definitely go tomorrow as you may be able to sort it, and if you miss it could have further problems.


 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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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Yes I am single.

 

When I made my rapid reclaim it was for JSA in December which I am told they now have no record of.

 

Been told that a new rapid reclaim will be under Universal Credit and will only count from when I make it. If my original rapid reclaim is still somewhere then surely it would complicate it further by making a new one?

 

I was trying to sort housing benefit as not recieved any since end of November, have no income and wanted to make sure I still have a roof over my head but told I can't as they can not figure out the dates.

 

I assume you are a single person with no disabilities or children.

 

If you are living in a Universal Credit area and have had a break in JSA, you will be advised that you need to make a claim for Universal Credit.

 

Have you made a claim for Universal Credit yet?

 

As Universal Credit includes an element for Housing Costs, you will no longer be eligible for Housing Benefit.

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That is what I was thinking, all they can do is turn me away if the appointment is no longer there

 

Definitely go tomorrow as you may be able to sort it, and if you miss it could have further problems.

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Have you spoken to a decision maker? The rapid reclaim could well be sitting on a desk. Call and ask for a call back from a decision maker.


We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Just spoken to someone again at one of the contact centres using the number on the letter.

 

This time had someone much more helpful. They could see what had happened, when whoever it was went in to close to original claim they not only closed that claim but my claim as a whole including the rapid reclaim.

 

They themselves it was a mess and they had no idea why that had been done. The person on the phone did apologise and said I had done nothing wrong, they could see I had attended my reclaim appointment and even the time I was due to sign today, which they confirmed had been cancelled when the claim was closed down completely.

 

I am now waiting for a call back from the jobcentre to see if there is anything they can do, I was told there is a chance they might be able to do something that means I won't need to make a completely new claim.

 

Apart from wait is there anything I can do?

 

Thanks

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So I recieved no callback today. Will have to ring again in the morning.

 

Is there anything I can do at all to speed things up?

 

Checked my bank account and I have £1.52 to last me until god knows when.

 

Thanks

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Normally callbacks have a time span of 5 working days. If you phone and query it and then request a callback again

you have to wait upto 5 working days again. So just remember not to request another callback or the wait time

for the callback goes back to 5 working days.

 

I got caught by this the will call back but did not get it so rang them and requested another. Could have been

requesting for a lifetime and never got the callback.

 

Also I have had callbacks that took longer than 5 days.

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