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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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Karalius

CEL ANPR PCN claimform - no permit -Fox restrnt Connault Hse Hotel Lynx way Lon E16 1JR

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Yes you must file and serve it otherwise your defence will be struck out.

 

A1 = No

D1 = Your Local County Court.

 

Andy


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Thanks Andy, just filled it out and will send both tomorrow to CEL and courts.

 

Much appreciated, have a good evening. 

 

I'm sorry, just another question - When serving this for CEL, do I just photocopy the form N180 and send it, or does defence have to be included also?

 

Thanks 

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Why photocopy ...use the link I have provided above and print three copies after completion on your PC/Tablet etc. No you dont send a copy of your defence with a Directions Questionnaire ...they have already have copy of your defence when you submitted it and served a copy on the claimant.


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just remember don't give CEL your pers details on their copy 

remove email/phone/sig


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

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Good morning,

 

I have received a letter on Tuesday dated 26 Oct that my case has been transferred to my chosen court for allocation and judge will allocate the claim and give directions.

 

Now, last night I have received a letter form courts also dated 26 Oct that says following:

The defendant, you have been sent notice of proposed allocation to track which specified the date by which you were required to return the directions questionnaire. You have failed to file the directions questionairre with the CCBC by the date specified in the notice.

 

IT IS ORDERED THAT

The defendant must file the questionnaire on or before 7 days from service of this order with CCBC via post, via document exchange, or via email @...

 

If the defendant does not comply with this notice your defence/counterclaim will automatically be struck out without further order of the court, subject to the claimant having complied with this order, the claimant will be at liberty to enter judgement.

 

Right... so I have sent out the questionnaire, but I guess it never arrived, or it arrived late (I have proof of sending receipts).

 

Now my question is

today is 31st, and I have 2 more days for letter to reach courts.

 

I will send this out first class special delivery today.

Would that be the correct thing to do, or its best to send them via an email and explain that I was on holiday, thus my questionnaire was not delivered in time due to letter arriving while I was away, or is there another option that is faster I do not know about?

 

Can someone please help me?

 

Thanks

 

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just resent the N180's out by email to the court and royal mail to CEL

 

no to mediation

1 wit you

the rest is obv

no need for email/sig/phone on CEL's copy

 

but if you've got the N157 today?

then they must have gotten your N180?

why not ring and check

 

 


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

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thank you Andy/DX. I should have called them to check myself, sorry for wasting your time. It was indeed court error. My N180 was received on the same day as the letter got sent out. No need to send it again :)

 

Thanks and I will be putting my time in preparations to this case. 

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District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour. 

 

Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December. 

 

I have a few questions if possible to get an answer from anyone please. 

 

The following directions apply to this claim:

1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. 

My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about? 

 

2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January? 


Thanks!

 

 

 

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yes ring the court and get it moved

directions might stay the same though for fee/WS exchange mind.

 

dx

 

dx

 


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

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Quote

 I have to leave country for important work trip from 10th to 19th of January 2020.

 

Did you not enter the above dates on the DQ as dates to avoid ?

 

Andy


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Unfortunately at the time my work did not require me to travel, until 2 weeks ago :(

I will try to ring the courts tomorrow to see if they can change the hearing date.

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you will probably have to request in qwriting but usually email will suffice for somehting like this. The local court will give your email addy

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I just phoned up the courts and was told that it can only be postponed by filling out form N244, paying 100 quid and if the claimant agrees they can change the date, otherwise its 250 quid.

 

Does that sound right? 

 

 

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no, they have the powers to change the date unilaterally but clealry dont want to. I would write to the court telling them you are out of the country on business at your employers command on that date and that it will cost you £4000 to travel back for the hearing and would they ask the claimant if  they are happy footing that bill just because the court wont use its powers to  postpone things for a week ( or however long). You should send a copy to the claimant as well so they know that they are in for a huge bill when they lose.

CEL wont want to turn up anyway so it might be enough to kill the claim. If they dont agree then yiu remind them about the costs issue. Lay it on with a trowel. If the costs arent currenty that high check with an airline how much they charge for a standby ticket and you will see that they are

 

Now write and email the court and explain.

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