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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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Hi all,

 

Apparently all blue badge renewals/applications in future will have to be done through the gov.uk portal and paper applications will only be allowed in exceptional circumstances. However, the system is apparently not working very well at the moment.

 

The letter I received implied that as I was renewing an existing badge I would only have to provide proof of continuing entitlement, and that everything would be done online. I duly scanned my last PIP award and started the process - I previously qualified as 'virtually unable to walk' as I'd never bothered to apply for high mobility DLA, but got enhanced mobility PIP when I transferred.

 

I actually had to provide proof of identity, proof of address, proof of the points I scored for moving around, proof of the duration of my PIP award, a letter dated within 12 months to confirm I was still receiving PIP and a signed passport type photograph, to be sent by post to my local council.

 

I duly posted everything, only to be asked for all the proof of entitlement again as they wanted proof dated within the last 12 months of what points I got for mobility, which simply does not exist as I haven't been assessed within the last 12 months!

 

When I copied the list of required proof from the original application they did accept what I had sent, so I'll be getting my new badge soon but only for 12 months and still at the same cost of £10! I only applied on the basis of my PIP award because I thought it would be more straightforward but actually I'd have been better off having another assessment (they didn't bother actually assessing me last time I renewed) and getting another 3 years.

 

I hope these are teething problems with the new system as it would be much easier for me if everything could be done online, but I doubt that's true for everyone.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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they want to issue less of them so of course it wont be easier at any step of the process.

If yu live in North Norfolk they have decided the BB is worthless so no DYL parking and no free parking but you can use the 2 dedicated bays as long as you pay.

A traffic warden once said to me they should make all public parking illegal so his job would be easier. he used to struggle with the concept of loading bays.

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I had my mobility component removed on my last PIP assessment so I applied via Suffolk County Council for limited mobiity. A right palaver. In days gone by, the BB people used to contact your GP to get the information required. No longer.

 

 

Just this week I had to attend an assessment at their offices in Lowestoft which is a disadvantage to start with as parking is at a premium. The nearest car park was half a mile away. Too far for me thank you. The fact that I drove to the assessment will not go well for me. Had someone brought me, that would be different. I did manage to find one free space near the centre. All the assessment was a few questions and then the assessor walked with me whilst timing me to see how far I could walk without getting out of breath or in too much pain.

 

 

I can see me failing this assessment because I lost the PIP mobility (this is subject to a complaint with I.C.E.) and having to prove yourself to someone who doesn't know you is very hard.

 

 

As for only getting a BB for one year is weird. Do they expect you to get better or are they doing this instead of for three years to deny a disabled person from obtaining a Motability car??


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I had my mobility component removed on my last PIP assessment so I applied via Suffolk County Council for limited mobiity. A right palaver. In days gone by, the BB people used to contact your GP to get the information required. No longer.

 

I've been 'assessed' twice before and each time they just took my word for it that I use a wheelchair. If I had to go to an assessment, I don't think it would make any difference as unlike the PIP assessor, I'm assuming they would notice the wheelchair.

 

Just this week I had to attend an assessment at their offices in Lowestoft which is a disadvantage to start with as parking is at a premium. The nearest car park was half a mile away. Too far for me thank you. The fact that I drove to the assessment will not go well for me. Had someone brought me, that would be different. I did manage to find one free space near the centre. All the assessment was a few questions and then the assessor walked with me whilst timing me to see how far I could walk without getting out of breath or in too much pain.

 

 

I can see me failing this assessment because I lost the PIP mobility (this is subject to a complaint with I.C.E.) and having to prove yourself to someone who doesn't know you is very hard.

 

 

As for only getting a BB for one year is weird. Do they expect you to get better or are they doing this instead of for three years to deny a disabled person from obtaining a Motability car??

 

My PIP award expires in a year (so I'll be getting the renewal forms for that soon, as well as currently being reassessed for ESA!) hence the blue badge being only for a year. Again, down to the PIP assessor who somehow believes my genetic, degenerative condition will miraculously disappear. My complaint also went to ICE but because I'd got the maximum award anyway they didn't even look at the issues with the assessment - half my conditions missed off, half the consultants involved missed off, most of my medication missed, the box she'd ticked not agreeing with the 'justification' she'd written etc etc. Despite the wheelchair and not seeing me walk at all, she somehow decided I can walk 20 metres using an aid, which I can't use because I have no grip and my right shoulder dislocates if anyone breathes on it.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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