Jump to content


  • Tweets

  • Posts

    • 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. ]
  • Our picks

disneygirl

daughter has 2 ccj's 1 in arrears help needed

Recommended Posts

Hi all

 

Briefly my daughter 27 years old, has 2 ccj’s (1 she has failed to keep up payments on) plus other credit card debts.

 

She is living with me temporary at the moment with her 1 year old son while trying to find accommodation.

 

She is dyslexic in words and numbers (plus mental health issues bought on by debt) cannot work out basic change in money, she is unemployed, so she is on benefits due to health issues.

 

She was living with her biological father at the time who apparently controlled all the money coming in while making sure all the bills were in her name.

This resulted in the 2 ccj’s which he dealt with by completing the paperwork and ADVISING her not to defend them.

 

She has now received a letter from Lowell dated 23/08/2019 “Notice of County Court Judgement (CCJ) Arrears”

Listing enforcement action pending and all the things they can do to her.

And 14 days to pay money she does not have.

 

my thoughts, few as they are is the following:

Would it be any good using court form N245 for “suspension/variation” or would it be better to use form N92 Application for an “administration order”?

 

YES it is her fault for not asking advice BUT if you cannot trust your own father who can you trust?

Thoughts advice much appreciated.

 

T

Share this post


Link to post
Share on other sites

N245 vary both £PCM for each CCJ

 

are these recent

and when were the cards taken out please

and who with

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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 

 

Share this post


Link to post
Share on other sites

Hi dx

Sorry for late reply had to rush daughter to hospital for ongoing Gall Bladder problems

please explain "£PCM"

Will post details of all asap when I have more details

Many thanks again

 

T

Share this post


Link to post
Share on other sites

What she was ordered to pay £ Per calendar month


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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 

 

Share this post


Link to post
Share on other sites

Forgot to state name on Lowell paperwork and on ccj are the same but her biological could not even spell her names correctly so both Lowell/ccj in wrong name 

Many thanks again

 

T

thanks on pcm will check

Share this post


Link to post
Share on other sites

Hi all

dx

 

ref post 2 - my wrong no credit cards

 

ref post 4 - payments to Lowell Portfolio 1 - are 4 per month  at constant values small but add up, can post pdf of values if needed

 

Only reference is - Lowell Portfolio 1 - so she has no idea which payment relates to which debt

 

The only Active ccj listed on creditkarma is for a totally different case number and value?

 

Told her to close current bank account and open new one thereby cancelling payments, and to wait for paperwork through post?

 

Would this be the best way?

 

As regards paperwork for debts her relationship with biological is extremely toxic so no access to paperwork, just waiting to see what post delivers next.

 

T

 

Share this post


Link to post
Share on other sites

so blindly paying dca's on several accounts then?

 

you idea of stopping all payments to everyone might turn out to be the best idea ...

go get her credit file

that might help unravel the spiders web.

 

dx

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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 

 

Share this post


Link to post
Share on other sites

sorry for posting twice needed to edit but forgot

Hi all

dx

 

ref post 2 - my wrong no credit cards

 

ref post 4 - payments to Lowell Portfolio 1 - are 4 per month  at constant values small but add up, can post pdf of values if needed

 

Only reference is - Lowell Portfolio 1 - so she has no idea which payment relates to which debt

 

The only Active ccj listed on creditkarma is for a totally different case number and value?

The paperwork Lowell has sent her regarding ccj arrears, the Claim Number is shown on creditkarma under "Financial Account Information / Open Accounts / Other Accounts"

Not listed as "Active CCJ"?

 

Told her to close current bank account and open new one thereby cancelling payments, and to wait for paperwork through post?

 

Would this be the best way?

Is it still worth completing N245 to post tomorrow?

 

As regards paperwork for debts her relationship with biological is extremely toxic so no access to paperwork, just waiting to see what post delivers next.

Sorry for long winded post seems more questions than answers

T

sorry dx cross posted 

have credit file in front of me now

Share this post


Link to post
Share on other sites

so bearing in mind paperwork received from Lowell is not for an Active CCJ ( according to credit file ) is it worth sending N245 to court OR are Lowell pulling a fast one??

T

Share this post


Link to post
Share on other sites

Lowell are members of the CSA,

 

See below, from Section 3 K, 

 

 

https://cdn.ymaws.com/csa-uk.site-ym.com/resource/resmgr/docs/code_of_practice/code_of_practice.pdf

 

Doctor/s / consultants note off to Lowell, explaining why she isn't capable of responding, or defending herself, mentioning relevant parts of the COP.  Please back off  etc

 

They should drop it like a hot potatoe

 

 

Share this post


Link to post
Share on other sites

Re all her old address es showing on her credit file??


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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 

 

Share this post


Link to post
Share on other sites

@ London1971 many thanks will follow up asap. She is under the care of a social health team at the moment all trying their best to help her

 

@ dx every address she has lived at is shown on credit file

 

Share this post


Link to post
Share on other sites

Good,

 

Anything from a doctor / social work team will work, treatments, and why she can't respond.

 

 

 

 

Share this post


Link to post
Share on other sites

Hi

refer post 9: it is shown on Equifax as an "Active CCJ"

just goes to show - check as many credit agencies as possible.

refer post 8: the name shown on Lowell paperwork and on CCJ is not my daughters

Therefore I am struggling to complete N245 because of name difference

 

Posted letter to Lowell explaining situation and asking for "Debt and Mental Health Evidence Form" to be sent to her.

Any thoughts please.

T

Share this post


Link to post
Share on other sites

obv without specifics

what do you mean by not her name.

 

jane doe not june doe etc....

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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 

 

Share this post


Link to post
Share on other sites

however you wish sure

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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 

 

Share this post


Link to post
Share on other sites

Untitled 3.pdf

 

it probably does not make a difference.

The problem I have is in completing N245 because of different names used on documents.

Share this post


Link to post
Share on other sites

 just a spelling mistake.

 

you are the only one with that problem..

and there isn't one!

 

use the details and the name from the JUDGEMENT.

 

a change of name, unmarried to married deed poll or whatever does not invalidate a CCJ.

its the same PERSON.

 

 

 

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...