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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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JSA stopped – No notification - Please Help!

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Hello,

I went to sign at the Job Centre last Friday 8th April 2016 and was told that my claim had been ended.

The adviser said that they had sent me a letter out on 23rd February 2016 requiring me to attend the Job Centre on the 31st March 2016.

I told them that I had not received such letter and so was not aware of the request.

 

The adviser suggested I do a rapid reclaim.

I tried to do a rapid reclaim at on the internet and the DWP indicated that my area code requires me to claim Universal Credit now.

 

So it looks like I will lose 8 days of my JSA plus a weeks 'waiting' for the Universal Credit as they don't pay for the first 7 days!

Therefore I stand to lose at best 15 days of benefit.

Do You think they are trying it on?

 

I would greatly appreciate any advice you could give on this matter.

Thank you, Nigel

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If the JC put you on UC you may have to wait up to 7 yes 7 weeks for your 1st payment.

 

If this causes you hardship then you will be advised to apply for an advance payment to tide you over.

 

This is then recovered over a period of time. Make sure you speak to your landlord and get some advise about your rent arrears if you have any.

 

Don't forget to apply for any discounts for your council tax as well. Keep all agencies informed so you don't face a default on your CT and face arrears collection on it..

 

I also think that if it is a rapid reclaim waiting times are different...


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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Unfortunately for you, there is an assumption that any letter posted is deemed delivered within two working days. Unless you can demonstrate that there are problems with the postal service in your area, then you are going to struggle to get this one overturned.

 

Probably the best way to attack this is to ask for:

 

  1. A copy of the letter.
  2. Proof of postage for the above letter.


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Unfortunately for you, there is an assumption that any letter posted is deemed delivered within two working days. Unless you can demonstrate that there are problems with the postal service in your area, then you are going to struggle to get this one overturned.

 

Probably the best way to attack this is to ask for:

 

  1. A copy of the letter.
  2. Proof of postage for the above letter.

 

The other tactic is to display that you have received all other DWP communication/letter sent and fully complied with them so...... your non-compliance with the letters instructions "given the benefit of doubt" is down to not receiving the letter for reasons unknown.

 

If you get lucky a DWP Decision Maker might accept that - although I doubt it!

 

But if you take the appeal all the way to tribunal then you stand quite a good chance of them being reasonable as they understand that post does go missing.

 

Doesn't help you with money immediately but long-term if you win that extra money might make all the difference.

 

Either way the clock starts to run once you receive the decision letter telling you of your claim ending

 

See here for times scales and what you need to do

 

https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/challenging-a-benefit-or-tax-credit-decision-asking-for-a-reconsideration/

 

 

See here if you don't receive a decision letter and search the site for other angles of attack on this sanction

 

http://www.rightsnet.org.uk/forums/viewthread/9532/

 

http://www.rightsnet.org.uk/forums/viewthread/8825/

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Thanks for the posts so far, all great info!

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