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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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Empireday

BW legal/ VCS. PCN from 2011

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Now February, not heard anything from BW since September. I've not noticed much from BW being reported on this site recently either. Wonder if vcs have worked out that they are incompetent and not worth instructing anymore?

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not noticed much about BWL? Are you kidding?

 

They have had a number a claims they were representing thrown out because they hired someone who had no right of audience to represent their client so they couldt even present their claim.

 

 

Thye have been very busy attempting to trya an pull the wool over judges eyes regarding the POFA and when they meet someone who has read up on parking matters they lose with expenses awarded against them.

 

They will go quiet because every time someone ticks the defend in full box they ahve already lost their client about £200 and even more if the then lose the claim.

 

 

They cant afford to issue thse claims and actually attend court so tey raly on issuig court summonses to coerce peopel into paying the duff claims.

 

 

That is against the lawe but the law works very slowly so it will be a couple of years before they get told off for it

Edited by dx100uk

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I was just looking at recent posts EB, obviously I wasn't aware of the stuff you are referring to. They are still trying to harvest low hanging fruit by the looks of it then? In a way I hope they try to take me to court so that it's another defeat for them, but on the other hand I just want them to p off. The clock is ticking, it's up to them.

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Hi everyone, it is now 6 years since the alleged "offence" took place. I still haven't received any court letters from BW legal (on behalf of VCS). Am I correct to think that there is now nothing they can do, even if they wanted to? Thanks

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As long as they know your current address

They can't go for backdoor CCJ


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As long as they know your current address

They can't go for backdoor CCJ

 

I don't think that that's what Empireday is getting at DX.

 

Empireday is thinking that the 'debt' is now Statute Barred, and as the 'debt' has not been acknowledged, in fact, quite the opposite, I think they could well be correct.

 

 

I'd leave BWL to stew in their own juice though, then if they're stupid enough to issue court papers, you can wipe the floor with them :wink:


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Yes its sb'd but the means very little in E&W

The debt still exists

As long as they are writing to their current address

Then they can't get a backdoor CCJ

 

Else they will!!


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So they can still try and take me to court and would still have a case even though it's over 6 years old? Would any court stand that?

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as with any 'debt' if undefended

 

twould be a default uncontested rubberstamped judgement where nothing is checked.

 

could happen with any debt in E&W

 

which is why it is so important to always update supposed creditors on a change of address.

 

now if that did happen

then ofcourse you could set it aside because the debt was already statute barred..

 

rarely happens but there are cases in the legal forums here of consumer debt cases


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I don't think that they can. Or at least, I don't think that they'd be that stupid.

 

They may claim that it's not SB'ed because you've been in contact with them (before it became SB'ed), but as that was only to deny the debt, I don't think that they'd have any sort of case.


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I'd go with one single letter to BWL.

 

 

Dear Sir/Madam

 

Ref:

 

You have contacted me regarding the above reference number, which you claim is relating to a debt owed by myself.

 

I would point out that under the Limitation Act 1980 Section 5:

 

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would point out that the Financial Conduct Authority states the following rules:

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

 

There has never been an acknowledgement of this alleged debt and no payment has ever been made in its regard. Unless you can provide evidence of payment or written contact from me to acknowledge the debt in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

I await your written confirmation that no further contact will be made concerning the above and confirmation that this matter is now closed.

 

 

I look forward to hearing from you.

 

Yours faithfully

 

[PRINT OR SIGN YOUR NAME DIGITALLY]

 

 

 

 

 

Get a free proof of postage from the Post Office. At least that way, if they ever were silly enough, you'd be able to show a paper trail.


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good idea


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

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good idea

 

It's like a Monkey with a typewriter. Jibberish most of the time, but sooner or later... :whoo:


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better fits a dca that description df


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

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

 

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better fits a dca that description df

 

Or a PPC :thumb:


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So, all joking aside, there really isn't anything they can do "court wise" and even if they tried they could get into trouble. Thanks guys. Will be back on if they try to pursue it further.

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i see you are not reading my posts properly then...

 

 

they would not 'get into trouble' if they raised a claim..

 

 

if your letter in aug 2016 was from the address you live at now

they've pretty stupid to try.

as the SB defence would kill it dead


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

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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

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So, all joking aside, there really isn't anything they can do "court wise" and even if they tried they could get into trouble. Thanks guys. Will be back on if they try to pursue it further.

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Dx, yes I am reading your posts properly, I am also reading Dragon fly's posts. I have always denied the "debt" I haven't moved house or mentioned changing address. So one of you is saying "yes of course they can try and take you to court and one is saying if they do then they have no chance and would get into trouble for trying. See what I mean?

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I've not said that they can't take you to court, but they would be pretty damn foolish to try it.

 

They won't get in to any "trouble" for doing it (at least, not trouble from the court) but their client might have a few choice words for them as they will be wasting their clients money, as well as their own time.

 

 

Send them that statute barred letter I posted earlier, get a free certificate of posting, and then, if they do try to take you to court, you can prove a paper trail and show the judge/court how unreasonable they are being. That will kill any claim stone dead.


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put simply anyone can sue anyone for anything.

It is only when it gets to the court hearing ( or case management) that it all falls to pieces.

 

 

If you do get a summonsa and ignore it because it is a stupid claim you will still lose,

all claims have to be defended.

It will be at this stage the plaintiff gets into trouble.

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Thanks EB, plain English. I obviously wrongly assumed that anything over 6 years old couldn't be acted on at all. Thanks for everyone's comments and time taken to give me advice.

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no, a claim can be made but there is an ABSOLUTE defence of it being statute barred. Once you enter that (and can show it to be true) then the claim falls. Again, dont defend and no-one will ever know it is SB

Even this is not entirely true as there are a number of divorce and compensation claims that have broken this barrier.

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