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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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Hello

 

I have received an email from Bristow and Sutor that looks like spam but it caught my attention purely because it is addressed to myself and my ex. After looking up the company online I am certain it will be due to council tax arrears from 2012.

 

At the time we we’re living together, sharing with another couple. We called the local council, we wrote to the council and I even sent a bankers draft in the post with a letter explaining that we would like to start payments etc and we received an acknowledgement. But after months of trying to pay we got nowhere, even the landlord tried to help and wrote to them until the point we were moving out and we eventually gave up.

 

I haven't spoke to our flat mates since as we never got on anyway, we moved to a new place before we later broke up in 2015. She now lives at the other end of the country and we are not on speaking to terms. She was never good financially so I doubt I would get much joy from contacting her myself.

 

I'm very concerned by all this as I have always paid my way and never been any negative debt and after reading things online about Bristow and Sutor. All of this has occurred as a direct result of the local council's error and I have never had any communication from them whilst we were at the address or since.

 

Where do I go from here? I really don't want to deal with Bristow and Sutor paying their fees and dealing with them. I don't see how that will help me.

 

Do I contact the council? Explain and Pay them what I owe directly?

 

At the moment I've not received any post, just an email

 

Any help or knowledge would be hugely appreciated Thanks!

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An email might signify that they don't have a postal address for you and are hoping for contact to be made. The council will have a liability order, probably both in your name and your ex. They are not worried who pays.

 

If you wanted to, you could phone the council concerned ( but withold your number) and ask them for details of any liability order. E.g when it was obtained, dates of council tax liability and how much. Don't provide any of your current contact details as they will be given to B&S.

 

The council won't let you pay direct to them and will tell you to contact B&S. They won't allow you to pay your portion of the tax and remove your liability.

 

So you are really stuck in dealing with this, if you only wanted to pay your portion excluding any fees to B&S.

 

You could send an email complaint to the council concerned about the issues you had at the time and ask them to look into it. Advise that you will seek to involve the Local Government Ombudsman, given the administration problems that they caused and led to the liability order situation which could have been avoided. The council might be forced to take the debt back from B&S and you can then try to deal with it.


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The LGO cannot force the council to take the case back from an enforcement agent, their decisions are not binding on a local authority (although the local authority will generally follow their recommendation).

 

One thing to look at is what was the tenancy originally - was it a joint tenancy with the other couple in respect of the whole property ?

 

Craig

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Never said LGO could force council to take it back. I said involve the LGO if necessary and if there were issues then this may force the council to take it back to deal with. I tend to think of the likely practical position, where if the LGO sees administrative problems that might have partly caused the liability order, that they are very likely to tell the council that they should seek an amicable solution to this and cancel the liability order. With no liability order, there is then no enforcement actions.


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Thanks for your replies

 

So if I were to find out exactly how much is owed to the council, could I then pay them directly and in full?

 

I just don't want thing hanging around my neck - I would like to have an ombudsman involved to review the case and settle it as I don't trust the council but I fear that once I make myself known to them its just going to lead to me being hassled by the bailiff company

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One thing to look at is what was the tenancy originally - was it a joint tenancy with the other couple in respect of the whole property ?

 

Craig

 

Three of us were on the tenancy, me, my ex and a flatmate.

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Thanks for your replies

 

So if I were to find out exactly how much is owed to the council, could I then pay them directly and in full?

 

I just don't want thing hanging around my neck - I would like to have an ombudsman involved to review the case and settle it as I don't trust the council but I fear that once I make myself known to them its just going to lead to me being hassled by the bailiff company

 

It was a joint liability between those noted, not a split amount. Once an enforcement company are involved, the council probably won't touch it. Even if they accepted payment, they are required to hand it over to B&S, who will take part of it towards their fees. You will then continue to be chased until tne liability order and fees had been paid.

 

If you have a genuine complaint and wish to start dealing with it, then starting an official complaint with the council is best way forward. If you email them first, then see how they respond. That way, you have not given your postal address.


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Well if busted and stupid have not sent you a notice of enforcement then....


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Go ring the council and check they have a liability order


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Hello

 

Do I contact the council? Explain and Pay them what I owe directly?

 

At the moment I've not received any post, just an email

 

Any help or knowledge would be hugely appreciated Thanks!

 

Yes, you must contact the council before you do anything else.

 

When speaking with them, its important that you ask them what they have been doing since 2012 to recover this debt? This is because, there has been a very recent Local Government Ombudsman's decision regarding length of time taken before seeking recovery.

 

Please post back once you have spoken with the council.

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The Ombudsman is the best way forward especially in cases of administrative errors.

 

I am in agreement for the time being your current address is unknown to both the council and B&S and that is the way you should keep it, you are under no obligation to divulge your address to make a complaint to the council.

 

Simply email your complaint to them and request any response is sent back to you by return email address.

 

Normally the complaints process with a council is a 2 tier complaints process,

first you complain they respond, and if you don't agree you request them to look at the complaint again,

 

if the 2nd response is unfavourable then you take your complaint to the LGO,

 

some councils do require a 3rd line of complaint which is usually sent to the Chief Executive,

Sandwell Council adopt this approach as I've been there and done it with them

and ended up going to the LGO to get a favourable result.

 

And remember you are under no obligation to disclose your address, communication can be done strictly via email.

 

If they want an excuse just tell them you are of no fixed abode and are sofa surfing between friends, that way they have to communicate via email.

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