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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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enty01

Free Insurance ended - but unbale to get Insurance

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I have an 18 year old friend who bought a brand new Ford Fiesta in May 2016 on HP.

 

 

She drove it for just 1 month – in hindsight she feels was shoe-horned into the deal & was given 30 days free insurance by the dealer to get her on her way quickly.

 

 

The car has been parked up since June (all monthly payments have been made) but no one would insure her at the end the 30 days free insurance period.

 

 

Yes .. she should have looked into insurance BEFORE signing up (Naïve 18 yr old girl)

 

 

Does she have any form of re-dress with the manufacturer (dealer doesn't want to know) or with the finance company?

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Apologies - she can get insurance, but for £5,000 (even after shopping around)

 

 

I thought there may be some form of duty of care by the dealer to ensure she was buying something she could afford - but I have told her that any duty of care would probably only extend to ensuring she could afford the monthly payments & the suitability of the car - but I wasn't sure If I was telling her the right thing.

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what kind of car is it . since she is 18 you need the lowest insurance group possible it sounds as though she brought a car without looking into insurance first . has she looked into having telemetrics fitted (Black box) restrictions on when she could drive .

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She's been a VERY naïve 18yr old - bought the car with her now ex-boyfriend in tow who had his own agenda & she came away from the dealer having bough a 'sporty' Fiesta (Brand New 16 Reg in May) I will suggest the telemetrics option

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She could check the prices adding his mum or dad on the policy.

If they have good driving records it can help the price a bit.

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She could check the prices adding his mum or dad on the policy.

If they have good driving records it can help the price a bit.

 

Yes adding mature drivers can reduce the premium.

 

Two companies worth trying for a young female.

 

Elephant

Coop


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i hope your not suggesting 'fronting' she has to remain the named driver . has she thought about a much bigger excess as well , also there are companies that if you pay over 10 month you will get your no claims built up i did that when i started mind you that was 20 years ago i think it admiral then not sure wether they still do it

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No fronting. She has to be policyholder as the owner, but can add older drivers as named drivers to help reduce the premium. Because she would not have sole access to the car and mature drivers would also be using it, this helps reduce premiums.


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No fronting.

She can add a mature driver to the policy, have a box fitted, dash cam, park in a secure place at night rather than the road, reduce her mileage (some overestimate this by a lot) and take an advanced driving course.

All of this could contribute to a cheaper premium.

Don't expect to pay £300 though.

I think it will still be in the £2500/£3500 bracket.

Failing that she could sell the car and buy a cheap runaround to build up experience and ncd.

She would lose quite a lot if she sells the car, but what else can you do?

The dealer is not responsible for insurance.

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