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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 All,

 

I left the employment of a company on the 31st August with my last day at work being the 18th August. On my last day I submitted a claim for my expenses for the last six weeks of my employment electronically along with a paper copy of receiptsto support it..

 

The claim was a similar amount to what I had claimed most months for the previous 4 years and had been paid without quibble by my employer. (expenses usually being credited to my account within 5 days.) However, the week before I left in my exit interview I said the reason I was leaving was due to the management style of my new line manager. After a month I wrote to the company to ask why I had not received my expenses and was told they needed more information. I inquired about what it was they required and found that in actual fact the claim had been rejected by my former line manager. After pointing this out I was then asked to fill in a manual process as I was now a former employee. I submitted three weeks ago with a note saying they had the hard copy receipts as these were submitted on the 18th August. I have since been asked to send further information, I did this a few days later as my claim was consistent with the expenses policy. I chased the claim and again last week and have not received a reply.

 

The claim was for £560, if it was £50-£60 I would have chalked it up to experience but because of the sum and the way this has been dealt with by my former employer I feel I need to pursue them for both the money and an apology.

 

Any advice as to how I can both recover my expenses and also get an apology from the former employer would be welcomed.

 

Thanks

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To enforce this if needed will be via an Employment Tribunal claim as Unlawful deduction of wages

 

You only have three months less one day from cause of action to bring a claim. That will be from when the expenses were due to be paid

 

If i were you i would contact ACAS on monday to register the claim, that will give you an extra month before instigating the claim with the tribunal service, and might wake up your former employer to reach a conciliation

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Thought you'd had a reply [re; tribunal] but it seems to have disappeared :???:

 

Given the value involved it may be a simpler, quicker and cheaper option to issue a money claim on the sct........ would certainly help if you could evidence the contractual term/s regarding expenses.

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SCT would be cheaper, faster and simpler than a tribunal


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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The reason i mentioned Employment Tribunal is that it normally wakes up the employer to reach a quick settlement through conciliation.

 

The first Statutory month of ACAS concilliaton is of no cost and will save on any County court fees outlay to begin with.

 

If the OP has not been paid what is due from his previous employer he might be short of cash to pay the County Court fees upfront

 

That is if the OP decides to use the County Court instead of the Employment Tribunal Service which both offer fee remission if on means tested benefit or low income

Edited by obiter dictum

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I'm sure its just an oversight on their part. I would, respectfully, escalate the matter upward in the company and copy in the HR department

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I'm sure its just an oversight on their part. I would, respectfully, escalate the matter upward in the company and copy in the HR department

 

Hi Peter

I have written to my line manager, the head of HR and the CEO. each time has resulted in the issue being refered to my line manager with no progress. I wrote to the CEO again on Sunday giving a deadline for resolution by close of play today otherwise I will take legal action.

Cheers

Richard

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Hi Peter

I have written to my line manager, the head of HR and the CEO. each time has resulted in the issue being refered to my line manager with no progress. I wrote to the CEO again on Sunday giving a deadline for resolution by close of play today otherwise I will take legal action.

Cheers

Richard

 

Ahh...well let's hope the CEO does the right thing....sounds as if you have done what you can with in the company structure. ..

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If they dont respond to your deadline you should give them a formal warning of impending court action and give them say 7 days to either pay up or refute the claim. The wording has to fulfil the protocols of CPR so make sure that it does. Address the letter to the either CEO or company secretary

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Also keep proof of postage and proof of delivery for the "Letter Before Action" (of which should be included in the title as well)


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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