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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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UKP

Halifax - Notice of Eviction

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Hello,

 

I have received a notice of eviction, with an eviction date of 9th December.

 

Is there any way for me to suspend the warrant and/or postpone the eviction date within this timeframe?

 

Thank you in advance for your responses.

 

UKP 

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Thread moved to the appropriate forum...you will have to expand on this...is it rental or mortgage ?

 

Andy


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Hi Andy,

 

Thanks for your response.

 

Firstly, I apologize  for posting the topic in an inappropriate forum area.  I will ensure to pay closer attention to that from hereon.

 

The property has a mortgage with Halifax, with a total arrears amount of £4000.  No proceedings have taken place yet; the notice that I have received is a claim for possession.    

 

I have spoken with the eviction team at Halifax, who asked for a financial review to be conducted over the phone.  I read comments on a post equivalent to mine in this forum, where a user had advised against doing so over the phone, so I have not done so.  

 

My aim is provide instalments in an effort to at least reduce the balance, prior to incurring ant costs for the issue to be addressed in court.

 

Thank you in advance for all responses,

 

Best Regards,

 

UKP

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Hi and thank you for the extra information.

 

Can you tell us how much longer your loan has to go please? Often it's important to know how long you have to catch up with the arrears.

 

HB


Illegitimi non carborundum

 

 

 

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Hi honeybee13,

 

There is a duration of 10 years left on the loan.  The regular payments are approx £880 per month.

 

Thanks in advance for all responses.

 

Best Regards,

 

UKP

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Hi,  how much could you afford to pay towards the arrears each month in addition to the normal monthly payment ?

 

If you can show the court you have the ability to pay off the arrears over a period of time then the  judge will suspend possession.

 

Let us know if you need help with defending the claim.


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hello everyone,

 

I apologize profusely for my delayed response,.  All of your collective insight has been extremely helpful...so I would not want any of you to think that I was ungrateful in any way, due to that delay.

 

Andyorch - thank you for the guides, the material contained a number of tips, much appreciated.

 

Ell-enn - At present, by way of some additional work on the side, I am aiming to place myself in a position to add, perhaps, £200 on top of the monthly payment.  As the possibility of that extra amount can only be confirmed at the end of the month, my worry is that, due to the claim of possession date being 9th December, that may be cutting things too close (?) 

 

Thanks in advance, as always, for your responses and collective insight.

 

Best Regards,

 

UKP  

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If you have received an eviction notice I assume there has been a repossession hearing prior to this?  did you attend the hearing ?

 

If so what was the outcome ?

 

 


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Hi Ell-enn,

 

I received two notices.  One was from Halifax, stating ''we're taking possession of this property'', which was dated on 19th September 2019. 

 

I also received another notice, from the county court, dated 17th October 2019, which contained a claim number and a warrant number, along with a  time and date of the intended eviction.

 

I attempted to attach images of the notices that I am referring to for your reference, a total of three, but each file exceeds the 4.88 mb limit

 

It appears as though some proceedings took place but I was never made aware beforehand, of the date and time of those proceedings, in order to attend them.  

 

If there is another way in which to receive the images for better reference, feel free to let me know, in an effort to aid clarification.

 

Thanks in advance for your collective response.  Much appreciated.

 

Best Regards,

 

UKP  

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read upload carefully


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

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OK,  you'll have to enter an N244 at court to get a hearing before the eviction to have it stopped.  We can help you with thatt.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi dx100uk,

 

Thank you for providing the correct upload instructions, much appreciated.

 

Hi Ell-enn,

 

Thank you for confirming the next appropriate step, along with providing the link to the applicable form.

 

I am in the process of filling the form out at the moment.

 

Regarding question 3...''what order are you asking the court to make and why?'' naturally, I would prefer a stop of the repossession order altogether...but is the protocol to request a suspension first, prior to a request for  stop of the order?

 

I also am unsure how to answer questions 5,6, 7 and 8.

 

Thanks in advance for all responses.

 

Best Regards,

 

UKP

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As ell-enn says to get the eviction stopped

You cant get the SPO removed


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 

 

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Hi dx100uk,

 

Please bear with me, as I am totally unfamiliar with the appropriate protocol and terminologies.  Thanks.

 

As an answer to question 3, I will ask for the eviction to be stopped.

 

I am still unsure, regarding how to answer questions 5,6, 7 and 8.

 

All help is greatly appreciated.  Thanks in advance for all responses.

 

Best Regards,

 

UKP

Edited by UKP

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literally 100's here use our search

 

but here is one I found

 

don't forget your budget sheet too.

 

 


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 

 

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Hi dx100uk,

 

Thanks a lot for that reference post.  I found a few of the answers that I had been looking for so far..and I intend to  go through the remainder of the post this evening. 

 

Will be back, in the event of any further questions, as well as to provide any updates.  Thanks again, much appreciated.

 

Best Regards,

 

UKP

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Post you stuff up here as a pdf first

read upload


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 

 

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I'm going out shortly but will take a look tomorrow.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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