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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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Collectica - Warrant of entry - old ignored TV licence fine

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Hi

 

I had the bailiffs this morning with a warrant of entry for TV licence fine for the cost of £610.

 

I didn't answer the door and they posted a letter and asked me to contact them.

 

He won't accept a payment plan and I haven't got the money or the goods to cover the debt.

 

It's from about a year ago I had just moved home I was pregnant and under the care of a physiologist for perinatal depression and anxiety.

 

I forgot they had even come my mind was else where.

They issued me a summons for cleavland court but that's about 60 miles away from my home so I just ignored it.

 

Fast forward to today and he is telling me to pay by 12 or he is entering my home.

 

I'm suffering PND and post natal anxiety and I am under the care of a health visitor and GP and on medication.

I fear this is going to tip me over the edge.

 

He wants my health visitor to ring him today and she isn't at work today so can't.

I've offered a payment plan but he won't accept it either.

 

 

Is there anything I can do?

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Hi

I have managed to stall him until Thursday as my health visitor is visiting me then.

 

He has asked her to ring him.

 

I'm so worried about this I have nothing of value but my son does have an Xbox.

 

I haven't let him and don't plan to, but can he just come in with a warrant of entry?

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For a fine (so a penalty from a criminal court, rather than merely a judgment from a civil court for a civil debt) : yes, they can force entry.

 

"Warrant of entry" usually refers to a warrant issued in relation to a civil matter (such as granting utilities companies the right to enter a premises), so does the paperwork actually say that particular phrase?

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It was a removal notice but hand written along the top it has warrant of entry written on it.

 

 

The handwriting isn't the best on it so it took me a while to decipher it.

 

 

It also has hand written on it to be paid by 12 o clock to stop entry to property.

Van/bailiffs locksmith.

 

 

That's all I could decipher.

The rest was typed telling me had attended the property.

 

 

It also said they have been before but they have never called or hand posted anything.

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Can I just ask a few questions.

 

Are you married or a single parent?

 

What payment proposal did you suggest to the bailiff?

 

How old is your baby?

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I'm married, baby is 7 month and he wouldn't even let me discuss a payment plan. He told me it was too late for that.

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The comments from the bailiff that he wants your healthcare worker to speak with him demonstrates to me that he must recognise that you have some degree of vulnerability. That in itself is a good sign.

 

Does your husband work? (I suspect not as otherwise the bailiff would have been expecting an immediate payment of some sort)?

 

Do either of you have a car parked outside of your home? If so, this could be at risk.

 

What payment proposal were you wanting to put forward for consideration?

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I was wanting to pay around £50 a month.

 

 

My husband does work but doesn't earn very much as only works part time and the majority goes on rent.

 

 

The only income in my name is child tax credit and child benefit.

 

 

We do have a car but fortunately or unfortunately it is in the garage getting repairs.

It was repaired for its MOT last week but two days later broke down and no one seems to no what's wrong with it.

 

My HV is very supportive so I'm hoping she will help.

 

 

Also do you think it would be worth me getting a letter from my GP also as I have been quite a lot for my PND getting support.

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It's time to bring Capita to book with the way they use salesmen and women masquerading as TV License Inspectors, a private company instigating criminal prosecutions. It has been found that the majority of the Capita Court Presenters who prosecute are not even legally trained:

 

http://tv-licensing.blogspot.co.uk/2016/08/tv-licensing-court-presenters-are-not.html

 

One should never say anything, sign anything proffered by these chancers, people stitch themselves up with these charlatans. by engaging instead of closing the door and saying nothing.

 

Hopefully the evidence of the HV, and yes something from the GP would be useful should persuade the bailiff to pass your case to Collectica's Welfare Team, assuming they have one like Marstons do. They should be able to sort a plan out that is affordable


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Hi my HV called him this evening and told him how if any action went ahead it would be detrimental to my mental health.

 

 

He wants it in writing from her so she is emailing him first thing.

 

 

He is then going to pass it onto the welfare team at his office so they can look at my case.

 

Thank you for all your help.

 

 

Fingers crossed this helps

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In the meantime work out how much you can reasonably afford as a payment plan then divide the amount owed by that figure and you get the period over which you would expect to pay the full amount. That way you are pre-armed when the Bailiff acknowledges he has to accept a payment agreement. Stick to it and don't let him say that's not enough, you can afford only what you say and anything else is setting you up to miss a payment and incur further costs.

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