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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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Epic67

dca chasing glasgow bus lane fine - I'd sold car weeks before

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Hello,

at my wits end with this,

 

i sold a car 18th AUG 2014

 

the new owner went into a bus lane in Glasgow city centre on 12th SEPT 2014.

 

The council contacted DVLA one week after and they provided them with my details, because their system was still showing me as the registered keeper.

 

For over a year now and i have been fighting Glasgow city council and stirling park(debt recovery) over this mistake,

 

i have provided DVLA headed documents to show that i wasnt the registered keeper at the time of the contravention yet they STILL chasing me for the debt.

 

They have no right chasing me for money that i ain't liable for as far as iam aware??:|

 

Can someone please help, so i can get these people off my back?

Edited by honeybee13
Pejorative word removed.

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The dca can be ignored

They are not baillifs

And have no such legal powers

 

Let then pass it back to the council

 

Dx

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Its got to the point where the letter today says they have sent out sheriff officers to look for assets to be sold at auction (my car that i sold AUG 2014),

 

they claim they are going to court to get access to my bank account.

 

above all its the constant letters and phone calls i want to stop..

 

.. is there a template letter i could sent them that would be enough for them to realise that iam not been bullied into paying a debt thats not mine?

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Short and is no

 

And read the dca letters carefully

They don't say will anywhere

 

Only the council can do those things

 

Have you written to the enforcement dept

And copied them the dvla letter?

 

Dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Instruct your local MP to get a grip of the council, and cc in all of your local councillors too.

 

Tell the LA, that they should issue court summons this week if they're so confident on winning when you have provided them with the evidence that you're not responsible, councils really are dumb.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yup sent DCA and Council the documents, there response is that because i never appealed within 28 days then i'am liable for the debt :roll: i wasn't in the country during the appeal period so i was none the wiser.

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It looks to me like this was posted correctly in the DCA section of the site, but has been moved to Parking and Traffic Offences. It's a DCA issue and the best advice would be got from there.

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Ignore the DCA completely, deal direct with the LA.

 

And to reiterate IGNORE the tin pot powerless DCA, they can do exactly nothing!

 

Send the clueless clowns the telephone harassment letter,

http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-**Update-21st-April-2014**

 

And then IGNORE them.

 

Keep a diary of events regarding their harassment, and start the LA's complaints procedure, and use the harassment by their chosen third party clown outfit against them, they are ultimately responsible for the actions of their chosen third parties.

 

And if you have this

they claim they are going to court to get access to my bank account.
in writing, then a complaint regarding that blatant untruth should be made to the FCA also.
  • Confused 1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I wasn't sure if MPs would be interested in debt or legal issues, sorry for the naivety regarding this situation

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I wasn't sure if MPs would be interested in debt or legal issues, sorry for the naivety regarding this situation

 

Your MP is there to do what we ask of them. They will no doubt palm it off onto the councillors but they need to be informed of what is going on in their constituents lives, in order they can at some point in the next millennium, bring about change.

 

And start your LA's complaints procedure, this is wrong on every level and as usual LA's are notoriously lethargic about changing.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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see #1


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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As above i wasn't in the country during their 28 day appeals window and after that they are not interested.

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Why didn't you just use the proper appeal process and go to the adjudication service?

 

As above i wasn't in the country during their 28 day appeals window and after that they are not interested.

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Except technically he doesnt because the vehicle was not registered in the OP's name and as such the PCN should never have been issued to him. The council is wrong and they know it. But like almost all councils, they see the public as an anonymous statistic and think they can ignore and theyll pay up.


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..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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As has been advised, ignore the tin pot powerless dca, and start the LA's lethargic complaints procedure, email and writing ONLY.

 

If you write to them then obtain ''proof of posting'' which is free from the PO counter.

 

You can find your local MP's details and email them using https://www.writetothem.com/


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Except technically he doesnt because the vehicle was not registered in the OP's name and as such the PCN should never have been issued to him. The council is wrong and they know it. But like almost all councils, they see the public as an anonymous statistic and think they can ignore and theyll pay up.

 

The PCN was issued to the person they correctly (based on DVLA info) believed to be the owner the person who the PCN was served on then has 28 days to dispute the claim which he failed to do.

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From the Ops info, dvla provided documents to the council to say the op wasn't the owner/keeper of the vehicle. Council is at fault here and the pcn should have been cancelled upon receipt of the info. They didn't cancel it, and they kept chasing the op.

 

Again, fully the councils fault


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..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Then technically you do owe the money, however harsh that may seem.

 

with that logic, what contract binds me to there terms?

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The PCN was issued to the person they correctly (based on DVLA info) believed to be the owner the person who the PCN was served on then has 28 days to dispute the claim which he failed to do.

 

does this mean i can take action on the DVLA for breach of data protection?

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As has been advised, ignore the tin pot powerless dca, and start the LA's lethargic complaints procedure, email and writing ONLY.

 

If you write to them then obtain ''proof of posting'' which is free from the PO counter.

 

You can find your local MP's details and email them using

 

ty for the advice i will be following this up tomorrow morning

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Good idea!!

 

Dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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From the Ops info, dvla provided documents to the council to say the op wasn't the owner/keeper of the vehicle. Council is at fault here and the pcn should have been cancelled upon receipt of the info. They didn't cancel it, and they kept chasing the op.

 

Again, fully the councils fault

 

So if you received a PCN and the Council missed a legal deadline would you still feel it only right you paid it? The timescales apply to both parties you cannot just cherry pick which regulations you think are fair!

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Why isn't this on the DCA forum? The OP seems to think the registered keeper of a vehicle is the owner, and is seeking some magic letter to send out.

 

Advice so far ranges from ignoring the DCA, to contacing an MP, to sending a telephone harassment letter, to lodging a complaint etc.

 

If he's going to get proper advice, it needs to be on the correct forum.

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