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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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Pat2010

Capstone REPO **WON** got SPO 2010 - Acenden now want to enforce it - help!!

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If you have a suspended possession order already (from a previous court hearing for arrears ?) then they can apply to the court for a warrant of eviction - there doesn't have to be a court hearing for that - they just enforce the suspended warrant.

 

 

However, if they are trying to enforce the SPO they got in 2010 - it is now 6 years old and they have to apply to the court for permission to apply for an eviction warrant. Have you actually reduced the arrears since the SPO ?


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If you have a suspended possession order already (from a previous court hearing for arrears ?) then they can apply to the court for a warrant of eviction - there doesn't have to be a court hearing for that - they just enforce the suspended warrant.

 

There was an appeal last October that has changed that. They would have to ask the court's permission, first.

 

http://www.owenwhite.com/suspended-possession-orders-permission-apply-warrant/

 

In the recent decision in Cardiff County Council v Lee (Flowers) (2016), which was heard in the Court of Appeal on 19 October 2016 and reported on 21 October 2016, the Court of Appeal held that Civil Procedure Rule (CPR) 83.2 provides important protection for tenants. The Court made it clear that landlords who are considering applying for a warrant following a Defendant/tenant’s breach of an SPO should first ensure that permission to apply for the warrant is obtained from the Court.
If you have already made an application for a warrant based on the Defendant/tenant’s breach of an SPO without first obtaining the Court’s permission it could result in the warrant being set aside and the Defendant/tenant being able to return to the property.
But this does not apply where the lender has been granted an outright possession order.

 

the requirement to seek permission before applying for a warrant does NOT apply to cases where you have an outright order for possession.
Edited to add: this was to do with a tenant of a local authority. I assume it also refers to mortgage borrowers (it would be unfair if it didn't) but I am trying to find out for sure.

 

My reading of Civil Procedure Rule 83.2 is that this appeal decision applies to mortgage borrowers, too.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-general-provisions#83.2

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the court order is usually outright possession, but suspended on terms


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If the judge makes a Suspended Possession Order then that is what it is, eviction suspended on terms.

An outright possession Order has no terms.

 

 

I do know of one instance in which Acenden failed to obtain an outright possession Order and then outrageously "scrambled" the dates on the Order that was issued to try make it work as an outright possession Order, at least for long enough to obtain a bailiff's warrant (before this latest Appeal Court decision).

 

this Appeal Court decision does apply to mortgagors

 

https://www.stephensons.co.uk/site/blog/housing-blog/permission-required-for-warrant-of-possession

 

In accordance with Civil Procedure Rule 83.2 (1) (d), warrants of possession fall within the category of warrants which may require permission to be issued. The relevant procedure rule states that where an order is suspended on terms, most commonly in respect of payment of rent and a breach of those terms is alleged by the applicant, permission must be sought to enforce the order. This means that the applicant needs to make a separate application to the Court providing evidence of the breach which is being relied upon, before the Court can be satisfied that permission should be given to issue the warrant.
The requirement for permission to be sought before a warrant for possession is issued is seen as a safeguard for the tenant/ mortgagor and is an important stage in the process of getting possession of the property which should not be overlooked.

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We have had lots to contend with and been unable to get online, sorry.

 

We now have a N24 General Form of Order, it was granted 6 weeks ago but we only had a copy delivered yesterday.

 

It says it came from our local courts but the delivery address is a completely different city many many miles away?

 

It just says leave was granted to enforce the possession order on 23rd June 2010.

 

No mortgage account number, just our names and Southern Pacific Mortgage Limited.

 

Since it is over 6 weeks since this was granted should we expect to receive paperwork with a date to leave by on it in the next few days?

We can not pay off the arrears,

 

 

we contacted Acenden last week via letter and this seems to be their reply.

 

Were merely ask for advice going forward now whilst we await social services and such for help with approaching the council to hopefully get some form of roof over our head.

 

 

We have read that we can not go to the housing department until we have a bailiffs letter with a date on

but apparently we shall recieve letters from Acenden or SPML prior to this with a date to leave by before they can ask the courts to make sure we leave by a date set by the courts?

 

 

Any idea of timescale please?

Everything seems to point toward 7 - 21 or so days from possession order being granted but they seem reluctant to tell us anything.

 

 

Tomorrow we shall be seeking advice from CAB to see if it is right that 6 weeks is usual for such a letter to arrive.

 

Many thanks.

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its outside 6yrs surely they cant

 

 

you seriously should of gotten on top of the additional Buildings insurance and PPI issues and reclaimed the lot .


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They can enforce the order from 2010 if they have permission from the court, which they seem to have done.

 

Have you reduced the arrears since 2010 ?


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They got permission 6 weeks ago, l just wondered why so long to send the letter out.

 

Yes, we cleared the original arrears or so we thought, but there were still charges and fees.

 

We have more arrears now higher, totally our fault but there was nothing we could do about it financially.

 

We have had a few arrangements in place which they kept adding charges too

and they said they had not accepted the arrangement which is why fees could still be added.

Unless we made a token payment of £7000 no arrangement would be accepted.

 

 

The 'agent' was horrified as he had made a huge note of us being on low benefits and having disabled children as well as me being ill also.

Couldn't get MIR as eldest daughter earns too much and couldn't/wouldn't pay the difference even when asked by the mortgage benefits team.

 

I am at a loss as if we stay here daughter wants to stay so l continue to lose most of our benefits plus any MIR l could be entitled to but if we leave she will find her own place.

 

l am trying to find out if anyone has any idea of how many days minimum we would likely have before we have to leave if we have not had any letters from Acenden yet giving the first date.

Many thanks.

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you should have reclaimed everything years ago

 

 

you shouldn't have fees/charges/insurances/debt vistors fees appearing as ARREARS, they should be a totally separate account within the mortgage from the main capital/interest.

if the DEBT is all these fees etc

then that's not correct

 

 

being taken to court etc for arrears - that figure can only be the mortgage arrears not that of a sep account within the mortgage

 

 

have you ALLL the statements from day one thru to today?

 

 

dx


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l have no paperwork to show what the actual amount of arrears is, l mean from the courts, but l have letters showing 2 separate accounts, payment arrears and other fees. l do have all statements.

Many thanks.

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

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Thank you,

only problem is we do not know what charges have been added recently as we get twice yearly statements.

 

Can l still reclaim everything even if we are not here anymore?

 

Also,

the property number they are going for no longer exists (and Acenden are aware of this)

what if the bailiffs can not deliver paperwork because they are looking for the wrong address,

would we be frowned upon for not letting them know or is it Acendens fault for being careless?

 

 

I refuse to believe that during the past 6 weeks Acenden have been doing nothing.

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get an sar running then.

 

what do you mean by not here anymore ...sorry you lost me?

 

if the bailiff cant deliver it'll be referred back to the court I would assume?


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Sorry DX l meant if we are no longer in the house, not sure how long we have as everyone we have approached for advice has told us it varies and depends on the Judge/Lender.

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they can only take you to court for payment arrears

an how much is that?


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Do you want to stay in the house? if so are you able to make normal monthly payment plus something towards the arrears each month ?


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Payment arrears are £7000.

We can only afford to stay in the house if eldest daughter gets her own place as we get over a third of our benefits stopped plus no claim for MIR as she earns too high a wage,

 

 

l feel leaving will be better for my other children even if we have an uncertain immediate future.

 

Many thanks.

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