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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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rachel_rabins

Has anyone here had success claiming back...

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Or avoiding £8 handling charge from rm?

 

My mum and dad gave me some money for my birthday and I went about buying a new phone through mums card. Decided on a Redmi from banggood and all was well. My friends mum told me that I should ask for the parcel to be sent via swiss post which I did.

 

So I come home from school today and my mum has a right face on her like dragging on the floor kind of thing and whats happened is shes had a notice through the door asking for and extra 11.42 for charges :!: £8 for rm and 3.42 for tax?

 

dad said i cant do nowt about the tax but maybe with rm charge and sent me here to ask. Shes threatening to refuse to pay and send it back which is bonkers. The declared value was $21.94.

 

can anybody advise please.

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You need to look at the declared value and the shipping costs. The total is what the VAT and other duties are calculated on.

 

I'm afraid you will not be able to reclaim the £8 handling fee or get out of paying it if you want the goods. If the item is returned to the sender, you may get a refund minus the postage and packaging fee.


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Thankyou for that. Post was free on the package and value was $21.94.

 

Found this earlier. Does anyone think there is any truth "The actual law is The Postal Act of 2000 sections 83, 84 and 104 - "it is 'illegal' for a courier to hold a parcel in lien of payment"? there is also some talk of contracts, service on behalf of a customer when it wasnt requested and some other stuff I dont understand.

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items over £15 are subject to tax and handling charges if incoming from abroad if I remember correctly the fact still stands as I paid for stuff from USA etc to carrier in the past usually invoice by carrier

 

Tax and customs for goods sent from abroad - GOV.UK

https://www.gov.uk/goods-sent-from-abroad


:mad2::-x:jaw::sad:

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you have to pay VAT at 20 per cent of the purchase price? And Parcelforce will want around £14 for taking the VAT off you on behalf of HMRC before letting you collect it from a depot. pr the delivery company for items from switzerland

 

bee honest they would ot be invoicing you if not!


:mad2::-x:jaw::sad:

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Hello does that charge stand for items for eu, Switzerland?

 

If the item had been purchased within a member state of the European Union, VAT would have been charged at source and so exempt from any further duties when shipped to the UK.

 

Unfortunately for you, Switzerland is not a member of the EU, so anything imported from there is liable to VAT being charged by HMRC. You can check the VAT & duty rates here: http://trade.ec.europa.eu/tradehelp/myexport#?product=8517120000&partner=CH&reporter=GB


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Unfortunately for you, Switzerland is not a member of the EU

 

that will teach me to listen to other people. So my friends mum was wrong :x my local phone repair shop said always have 'goodies' delivered by postnl because tax wont usually be added?

 

Will show mum this when shes up to show her that it wasnt actually my mistake hopefully she wont send it back!

 

Thankyou

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that will teach me to listen to other people. So my friends mum was wrong :x my local phone repair shop said always have 'goodies' delivered by postnl because tax wont usually be added?

 

I've purchased "stuff" from overseas, and sometimes it arrives without any surprises, other times I get clobbered for VAT & import duties. Purchases from China often get through because the value is under-declared by the sender.

 

It is a bit of a lottery I'm afraid. If you buy anything from outside the EU, then factor in the possibility of having to pay duty & VAT on the total price (including P&P) before deciding if it is a bargain. Note: Iceland, Norway, and Iceland are not part of the EU.


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