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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............      
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    • Bolmsgr    if it was me I would put it first as if the contract is invalid and if the Judge agrees, then you win the case.    Indeed, it may be that VCS would not even turn up in at the Hearing or withdraw which would be the ideal situation. However this is your case and FTMDave has worked hard with you to help on your WS.   Whatever you decide to put it I have modified what I said in my previous post so that you can copy it.   Definition of "Relevant contract”  from PoFA 2  [1] means a contract (including a contract arising only when the vehicle was parked on the relevant land) between the driver and a person who is—   (a)the owner or occupier of the land; or  (b) authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land.   According to https://www.legislation.gov.uk/ukpga/2006/46/section/44    a contract to be valid requires a director from each company to sign and then two independent witnesses must confirm those signatures. The fact that no witness signatures are present means the deed has not been validly executed. Therefore there can be no contract established between VCS and the motorist. And even if "no stopping" could form a contract [which it cannot], it is immaterial. There is no valid contract end of.   Surely VCS a company that signs innumerable contracts must be aware that no contract exists at the East Midlands Airport. Two points arise from that.   The first is that by issuing many PCNs at EMA with knowingly not having a valid contract is bordering on fraudulent.   Second, VCS in order  to gain access to DVLA data VCS have averred that they have complied in their CoP that they have complied with all the legal necessities, which appears patently untrue.   As Lord Neuberger said in the famous Parking Eye v Beavis  at the Supreme Court [2015] UKSC 67-"And, while the Code of Practice is not a contractual document, it is in practice binding on the operator since its existence and observance is a condition of his ability to obtain details of the registered keeper from the DVLA.   In assessing the fairness of a term, it cannot be right to ignore the regulatory framework which determines how and in what circumstances it may be enforced". The Noble Lord is correct and should call into question the right of VCS to obtain information from the DVLA.   You may have noticed that in the second paragraph of this post the words "relevant land" cropped up which would be a good follow on for bringing up the Bye Laws and streets covered by the Road Traffic Act in case the Judge did not accept the contract argument.  
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Defaulted Front-Loaded HP agreement with Black Horse / Lloyds


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Hi There,

 

I'm in the process of cleaning up my credit report and have realised that the way defaults are reported are not particularly helpful!

 

I had a new car on HP in 2010.

Ran into difficulty quite soon into the agreement but worked with them to keep it fairly up to date.

 

 

During the course of an 18 month period I fluctuated between one and two payments late, never more than two.

Then my finances got worse and I ended up 3 payments behind.

 

 

I made an arrangement with them and brought the account back up to date fairly quickly.

 

 

I then missed a single payment and they defaulted my agreement.

 

 

I did bring the account back up to date fairly quickly and since then have been on time.

 

I am still up to date with the agreement which ends in 2 months time.

 

My history with them goes : 0 1 0 1 1 2 2 1 1 2 2 1 1 1 2 2 3 2 0 0 1 D (then 3 years worth of Ds)

 

Since the default I've been up to date with payments, with one slight slip into 1 behind for about 3 months in 2013.

But the recent credit report history just shows DDDDDDDDDD etc...

even though I've been on time most of the way through the agreement.

 

This doesn't seem very fair to me, and

since they defaulted me on a single payment behind I've been trying to argue (unsuccessfully so far)

with them that the account shouldn't have defaulted.

 

 

interestingly one of their staff agreed with me on the phone that the default was an error and should be removed.

 

 

Unfortunately when I checked on this they denied that was ever said!

 

My question is :

 

Since interest should not be charged on defaulted accounts, and since the interest was front-loaded, should I be able to claim a rebate of the interest?

 

The effect of this would be that I've now overpaid on the agreement and would be entitled to a rebate.

IF indeed it was correctly defaulted.

 

 

Obviously if the default was a mistake then they can simply correct my credit record and I'll complete the payments as agreed.

 

If a rebate should be due how do I calculate the correct amount of interest on the loan?

 

I wonder if it would also be better to record defaults as D0, D1, D2 etc..

. reflecting the payment status of any payment plan in place to clear the default

- Just a thought!

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sadly I'm not sure where you are getting your info from

but a defaulted account does not have to have interest stopped.

 

 

at one 'point' your were 3mts behind

 

 

thus they are entitled to issue a default notice

[that date is in the summary line]

 

 

whatever is in the monthly summary it really irrelevant.

 

 

so

you debt will vanish from your credit file on the defaults 6th birthday.

not a lot you can do sadly.

 

 

if they have levied you PENALTY charges [£12 fees]

or you have PPI/GAP/Warranty or any ohter insurances on your agreement

 

 

get reclaiming!

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ok, I see, a defaulted account can still bear interest, just that it's worth asking to freeze it if you're in trouble. Should have asked at the time I guess!!

 

There were a bunch of £30 charges, so will get them claimed back.

 

Many thanks for your help.

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