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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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cups

TBI want £100 Disbursement Fee for removing a Charging Order

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Hi,

 

Several years ago l lost a case and got a CCJ, then a charging order was applied for and obtained.

 

Forward to now, just about to pay off the debt and the other party is asking for a fee of £100 for removal of the Charging Order, strikes me that £100 is a bit steep, but they lied in court so £100 is probably nothing to them.

 

Does anyone know where if this is justifiable?

 

I really do not want to give them another penny.

 

Thanks

 

Cups

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Nope..and which fleecing DCA is this?


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Well the fee to Register the charge is also £100...so if they didn't charge it initially ?

 

 

Andy


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Aaaaah, will check if they did charge it or not ?

 

If they didn’t then l suppose l will have to pay it.

 

Thanks,

 

Cups

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Hi

 

They charged £264 for a Charging Order right at the start, once l have received a reply from Land Registry then l will tell them to swivel.

 

I have paid over £20;000 for a £7000 debt and they lied to get it.

I now have proof that they did, but l want to get rid of this before l go to the SRA and make a complaint.

 

Sorry to be secret squirrel but l won’t name the DCA at the moment but l will do once l know my position is secure.

 

I hate these DCA’s, in the real world they are guilty of fraud by false representation, but HMCS lets them get away with it because they speak the same faux posh rubbish, and go for drinks together.

 

Rant over, haven’t done it for ages but they engender a fury l cannot fathom

 

Cups

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Hi

 

Been told by Land Registry that the fee to register the restriction was £50, there is no fee to remove it.

 

Strikes me they are trying to fleece me some more, do l have to pay their solicitor fees ? If that is what they want ?

 

Thanks

 

Cups

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I was referring to the court fee Cups..actually its £110 now.

 

Charging order – fees order 8.4(b)

Please refer to the court leaflet EX325 – Third party debt orders and

charging orders for further information.

• Application for a charging order.

(A fee is payable for each charging order applied for). £110

 

https://formfinder.hmctsformfinder.justice.gov.uk/ex50-eng.pdf

 

Page 13.

 

Andy


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Thanks Andy, this was back in 2011, either way l am waiting for a response from them to my query.

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Hi

 

The company (TBI) want £100 to remove the restriction, that is their fee, if l don’t pay it then they won’t remove it.

 

I am going to complain, they breached guidelines anyway as they never sent me yearly statements and charged PJI on the same account , l think this should be charged separate.

 

I cannot believe that they think they can get away with this ?

 

Cups

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Better pay it then...it will be their standard fee for the paperwork.


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Well Land Registry will remove it if l prove l have paid it, so no way am l paying them !

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And to prove it you will require paperwork form the judgment claimant and consent and certificate ....but go for it and let us know how you get on.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?248319-Final-Settlement-accepted-How-do-I-get-Charging-Order-removed


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Hi

 

I emailed Land Registry, it is a restriction.

They state l can apply and it costs nothing,

they write to the other side and if they do not respond then it gets removed.

 

I would suggest they have no reason to deny that it is paid in full.

They have already had almost 3 x more than the judgement debt, and they lied to get it.

 

I had proof thats what they sent me , which they said was my agreement, was not in existence when it was sent by fax,

l did not have an agreement on that day, the fax number was an old dialling code and the fax number was theirs on that day,

l said this in court and they just shrugged and said it must be a mistake ?

 

The Family Court Judge just ignored it.

They didn’t even say it was a reconstruction, they scanned a copy to of my signature onto another agreement and created a forgery,

l know they did that and the court ignored it.

I know l should let it go but it still really annoys me.

 

There is a saying “don’t get mad, get even”.

 

I am biding my time but at some point l will get an opportunity, but if l don’t have to then l will not pay that company another penny.

 

To lie in court, and l saw their witness’s face, was bad, when she got caught out, she knew l knew she was lying

 

Cups

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don't tell me you mean this is a restriction K.

the debt was solely in your name on a jointly owned home?


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Yes that was it, sole debt, jointly owned home,,

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urm then why are you even paying it....??

all you have to do is inform them when the home is sold..

to late then for them to get any money..


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Hi

 

At the time thought they would go for a sale, they were very threatening, all paid now but l just want rid of the restriction. And l don’t want to pay them another penny.

 

This has nearly ruined my marriage and life, but paid off so want to move on.

 

Cups

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you are not making sense

you say the debt concerning the restriction k is paid off?


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Hi

 

Yes paid off in full, just don’t want to pay the £100 disbursement fee, Land Registry says it costs nothing to remove.

 

Cups

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then its not hurting you at all cups why do you need it removed

wasn't hurting you in the first place even if hadn't paid it off or not paid at all.


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Want to move soon,,,

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

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Sense has prevailed after l complained and they are removing the restriction, thanks for the advice.

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Let us know when it actually happens


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