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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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mynameisjeff

VCS PCN - No Stopping, Southend Airport - Letter Before Claim

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Hi,

 

I have been following some of the forums on here with great interest. I got a 'Parking Charge Notice' for 'Stopping in a zone where stopping is prohibited'

I have followed the advice I have seen on various posts, which is to ignore them until a 'Letter before Claim' is received. Well that letter has now arrived, along with the threats of legal proceedings, CCJ's, negative impact on my credit rating, etc.

 

Please advise on the best way to progress with this

 

kind regards

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Hi could you post a pdf of correspondence  with personal details and barcodes hidden please,  there is plenty on CAG about VCS  and airports, a snotty letter like ericsbrother makes addressed to Simple Simon is an option at LBA stage  Others will be along soon with furher advice once they have seen what VCS have sent and are demanding.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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see post 33 here

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Hi, it took me some time to scan and redact some information but here is all the correspondence I've received from VCS so far (I'll have to send it through several posts)

 

. I'd like to add that I wasn't actually driving the car, I was being dropped off at the airport.

 

Also as you can see from the photos VCS provided as evidence, we stopped at a zebra crossing to allow people to cross (you can clearly see people using the crossing in one of the photos).

 

We just used the opportunity of being forced to stop to get out of the car. 

 

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it won't allow me to upload anymore files

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Ive deleted your upload

read our upload guide and put it all in one pdf file and use pdf reducer website

 

and try again. Limit is 4.8 Mb


please don't hit Quote...just type we know what we said earlier..

 

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well done

 

what you need to do now:

 

see post 33 here

 

 


please don't hit Quote...just type we know what we said earlier..

 

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post 33? from honeybee13, talking about amending an ericsbrother response?

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ericsbrother's response is as good as it gets, these muppets can't even spell correctly, Principle!!! a it should read Principal, their spelling shows they have no principles when sending demands for money not owed, also in this circumstance, Beavis is as much use to them as a chocolate fireguard, but they still quote it to make people think they know what they are doing.


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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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this one

DeeBrad69

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Hi I found another thread very similar to my situation in which they were advised to send the following by the talented ericsbrother, would it be OK for me to send the same or is that not done?

 

Unfortunately for you I wasn’t born yesterday so I won’t be paying the demand to your client as both you and they know what I know and that there is no liability in this matter because the land is covered by its own byelaws, the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160 is just a nonsense.

 

As VCS has been spanked at court on this very same thing several times before I suggest that you tell your client to discontinue this foolishness and that way you will at least obey the SRA rules of conduct and obey Civil Procedure as well. I know that may well be a first for you but call it your new year's resolution.

 

Should they decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for breach of the DPA as per VCS v Philip, Liverpool CC Dec 2016.

 

Even Will and John, the parking worlds’ worst solicitors seem to have got fed up with Simple Simon's stupidity and greed and presumably that is why you are wasting your ink on his behalf.

 

Any thoughts greatly appreciated. Dee


please don't hit Quote...just type we know what we said earlier..

 

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Ok cool. I won’t send the same thing verbatim, but I’ll Knock something up that’s similar.

also is the DPA now the GDPR? Or am I overthinking things here?

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no send it exactly as is!!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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do not use the last line as this was sent to another firm of lawyers and yours comes from VCS itself. Cahnge they etc to YOU as your are writing to the supposed creditor/putative claimant

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I did spot that and was unsure, so thanks for clarifying. I’ll edit it slightly and will post this week. Thanks for all your help so far

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Hi mynameisjeff have you sent the snotty letter and how did you amend ‘the last line’ being from vcs themselves ? 

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I sent it at the weekend, they should have it by now so I'm just waiting for a response. 

 

this is what I wrote:

 

To whom it may concern,

 

Unfortunately for you I wasn’t born yesterday so I won’t be paying the demand to you as both you and I know that there is no liability in this matter because the land is covered by its own byelaws, the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160 is just a nonsense.

 

As VCS has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness and that way you will at least obey the SRA rules of conduct and obey Civil Procedure as well. I know that may well be a first for you but call it your new year's resolution.

 

Should you decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for breach of the DPA as per VCS v Philip, Liverpool CC Dec 2016.

 

regards

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the para about the SRA rules is there because this was sent to a firm fo solicitors and you are writing to VCS directly

 

sorry but you need to stop snatching at things and do a bit more reading before you put pen to paper again.

However, it wont hurt that they know you ahve used someone elses letter as it shows that peopel are taking the time to read up on their malpractice rather than just blindly pay up.

 

They are still likely to try and tough it out by suing you so if they do please post up all of your drafts before you send anything to them so you dont give them anything to come back at you with

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