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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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jonnietemple

Consumer come-back rights from being given bad advice? NOW SANCTIONED

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1409 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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Forgive me if I seem a bit angry but I used to be a member here asking for advice on how to avoid a sanction from my JSA signing.

I got what I thought was great advice at the time.

I implemented that advice.

I got sanctioned.

Is there any way I can sue CAG for giving bad advice?

Reading around the threads now with the "benefit" of hindsight, It seems that most site team and contributors are actually on ESA and divorced from reality and the world of work. If I'd realized this I wouldn't have followed their advice.

I'm now left without money for 3 months.

Thanks a lot.

Do I have any recourse for suing you people?

I guess if you actually knew what you were talking about then you wouldn't actually be on benefits to start with.

My bad then. But you've really ****ed me over.

Who can I sue for bad advice please?

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Well I'm sorry that you think that you have been so badly misled here.

 

Maybe you could point us to the thread where you received this bad advice and we could understand what has gone wrong.

 

As far as suing us, I don't think that there is anything that you can do. We make it very clear all over the forum that no one claims to be legally qualified here, we simply try to offer support and advice based on people's individual experience and we make it very clear that if you have any doubts then you should consult an insured professional – which we are not.

 

If you think that you want to take it up more formally than that, then you can email us on our admin email address – but as you can imagine we are unlikely to be very receptive to the idea of being sued by anybody.

 

We simply do our best.

 

Why don't you let us know little bit about the problem or point us to the thread


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You have to remember that we're mostly people who have been through the benefits system and not people actually working within benefits.

 

There's no one you can sue. You were not forced to take the advice.

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No but you Nystagmite, a professional player of the system to get every penny you think you are entitled to for a variety of self-diagnosed "conditions" should have known better

Please don't start flaming the forum and being disruptive. It won't help anybody.

 

Why don't you let us know what has happened. We may not be able to help but at least we can examine the mistakes that you say we have made.

 

Please don't put me in a position where I have to put you on moderation


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Perhaps you could let us know, under what name you previously posted, so we can see what advice was given ?


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Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Lots of people on benefits get sanctioned for the most mundane, lame reasons.......even when you wave a download of current law in a JC,s face to prove you are in the right you can still be sanctioned.

The good thing is everybody has the right of appeal 'within a set timescale'. Instead of complaining, get your skates on and appeal.

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Sorry.

I've had a chance to cool off now.

I'm man enough to say when I'm wrong, so I apologise for ranting.

I realise people post here for the best intentions to help.

It just seems that certain posters are waging an ideological war against the fact they have to jump through ANY hoops to get free money from the tax-payers.

They seem so arrogant and dismissive of anyone who works for DWP.

They seem to feel they have a god-given right to tax-payers money.

They seem so intelligent but ultimately can't get a job themselves (by their own admission because they too are on ESA/JSA) yet seem to dish out advice as if they are Lording it over us Workoholics who haven't lapsed yet.

Such intelligence matched with such a lack of self-awareness I find really problematic.

But it's not for me to diagnose personality disorders, so I will limit myself to say I'm sorry BankFodder. I was out of order. I will think before posting again. Sorry.

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Sorry.

I've had a chance to cool off now.

I'm man enough to say when I'm wrong, so I apologise for ranting.

I realise people post here for the best intentions to help.

It just seems that certain posters are waging an ideological war against the fact they have to jump through ANY hoops to get free money from the tax-payers.

They seem so arrogant and dismissive of anyone who works for DWP.

They seem to feel they have a god-given right to tax-payers money.

They seem so intelligent but ultimately can't get a job themselves (by their own admission because they too are on ESA/JSA) yet seem to dish out advice as if they are Lording it over us Workoholics who haven't lapsed yet.

Such intelligence matched with such a lack of self-awareness I find really problematic.

But it's not for me to diagnose personality disorders, so I will limit myself to say I'm sorry BankFodder. I was out of order. I will think before posting again. Sorry.

 

 

I've removed the moderation.

I realise that it must be very distressing to be in your position.

I'm sorry.


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Having read this today it may have helped you if this story had been available to you when you originally posted your question, as the answer's in this story and may have given you a different perspective on your question that link is here >> http://www.dailymail.co.uk/news/arti...-pay-back.html

 

 

or this one https://tinyurl.com/d9zyexh

 

 

It has also been posted on your other thread as well to assist other readers and posters...

 

 

As you may not be aware many regular posters have a signature and some state this is advice/opinion check out the advice before taking it or similar.. here is just one example

 

 

Advice & opinions given by ******** 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.

 

 

You could also read up on this too >> https://www.moneyadviceservice.org.uk/en/articles/benefit-sanctions-and-what-to-do-about-them


If I have been of any help, please click on my star and leave a note to let me know, thank you.

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