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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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Collectica notice of enforcement - outstanding fine for TV License - help

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Hello all,

 

Hoping someone can give me some advice to let me know what my options are, and whether or not this company is being unreasonable. Thanks in advance.

 

I received a notice of enforcement from Collectica for a outstanding fine for TV License. My own silly fault that I did not pay it but to be honest it wasn't something I could afford.

 

It says I owe money to HM Courts and Tribunals service which I assume is serious. Is this the type of debt that allows the enforcement office to let themselves in to my home?

 

It says I have until tomorrow to pay or make an arrangement, which I have tried to do but they want the whole amount (£415) in full today. I explained that, that was impossible. I'm a single mum with a 1yr old going through financial difficulties and was told the minimum I could pay is £25 a week. Again, that would be impossible in my current situation.

 

I called back and asked for it to be put in writing that £25 a week was the only amount they were prepared to accept and was given a stern no. I asked him to repeat the offer so I could record him saying it after I was told I could get a recording but would have to pay for it. I'm not sure what I would do with the recording anyway but thought it wouldn't be any harm to have it. I have spoken to two people both rude and unhelpful and both stating paying in full or a minimum of £100 a month is my only option.

 

He said it is not means tested so they cannot do an I&E with me and because the fine is so old (Dec 2014) that is the best offer I will get.

 

If anyone has any advice, information I can take back to them to get a better offer in place, or something that can hold them off from coming round and kicking down the door that would be greatly appreciated.

 

Thank you.

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Phone Magiistrates to see if you can get a means hearing to set the payments, based on what you can afford. They might not be helpful, now it is with an Enforcement Company, but you can try. Explain that the Enforcement Agent has refused offer of a payment arrangement and your circumstances.

 

Come back, after you have spoken to the court. Because it is a Magistrates fine and TV licence is not decriminalised, they can force entry, if you refused to make payments.


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Is that the magistrates court the case was heard at? How would I find out where that is and what their contact details are? Sorry so much has happened since then I cannot remember where it was. I didn't actually go to the hearing I just sent a letter in.

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Is that the magistrates court the case was heard at? How would I find out where that is and what their contact details are? Sorry so much has happened since then I cannot remember where it was. I didn't actually go to the hearing I just sent a letter in.

 

Phone your nearest Magistrates court and they should be able to help.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Ok thanks, trying them now

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Still trying...getting really stressed out now. I have two numbers which either ring and then going dead or are busy :(

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Is there anything else I can try? I'm worried about the time and I have to pick my son up from nursery soon. Once he gets home I won't be able to do much

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Is there anything else I can try? I'm worried about the time and I have to pick my son up from nursery soon. Once he gets home I won't be able to do much

 

Ask Collectica what Magistrates is dealing with this. Phone the relevant court to request the means hearing at your nearest Magistrates. They can transfer it over to them.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Someone finally picked up, she is just talking to her manager to see what can be done. She said I need to speak to the compliance centre but their automated messages says that once it is with enforcement officers they cannot assist. Hopefully she comes back with good news.

 

Ok - she said that there was an agreement made to pay £20 a month, which is completely reasonable, however I have no knowledge of that and had I known it is definitely somthing I would've stuck to. I'm going to call the collections and compliance people and see.

 

Failing that looks like I'm screwed :(

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Collections and compliance say the only thing I can do is email Collectica's head office explaining my situation. The only way they can intervene is if I have a medical condition (which I don't).

 

Does anybody have any experience with this, and whether or not my email will result in some positive news?

 

Thanks again

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If you were unaware of the fine, which it sounds that you are?

Maybe you have moved address?

You will be entitled to make a Statutory Declaration (Stat Dec) but you only have 21 days from becoming aware of the fine to make one

 

. You can make this at your local Magistrates' Court if the originating court is too far away

 

. Don't let your local court tell you it has to be made at the original court, they just don't want the hassle

 

. If you are not able to make a stat dec you maybe able to get the case reopened but this has to be done at the originating court and you do have to attend.

 

By doing either of these 2 things will get the "Distress Warrant" withdrawn or warrant of control as they are called now.

 

Good Luck

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