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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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Seminole

Bailiff Charges

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Anyone who has ever had the "pleasure" of dealing with bailiffs will know that they can sometimes be quite "imaginative" in deciding what costs they want to recover from you.

 

I'm talking here about private bailiffs and not county court bailiffs who operate directly under the authority of the court.

 

Private bailiffs are used to, for example, collect council tax arrears. There is a prescribed scale rate for these charges but anecdotally I believe that this is often ignored. People being terrorised by these bailiffs will often just pay up to get rid of them. In other instances where there is no scale rate, the bailiffs just seem to charge what they like.

 

I'm wondering if there is any legal basis to these charges? Can there ever be a contract between bailiff and victim and if there is no statutory authority or it is exceeded, can the victim get their money back?

 

I detest these sorts of bailiffs. They prey on people who are, at least at the time, pretty vulnerable and I would like to find a way of fighting back.

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(From National Debtline:)

 

BAILIFFS CHARGES

You may be able to complain about bailiffs charges. The amounts they are allowed to charge for council tax and poll tax are set out. You are entitled to make a written request for a full breakdown of the fees the bailiffs have added on to your debt. If you feel you have been charged too much you can complain in writing to the council and the bailiffs. You may be able to ask the county court to look at the charges.

 

You can find out what is 'reasonable' by making enquiries on a local basis. For example, if you have been charged £80 for attendance with a van, and local enquires indicate you could hire a van for a morning for £40 this is clearly unreasonable, especially as it is likely that bailiffs will be visiting several properties at once, and many companies own their own vans.

 

In the first instance, complain to the bailiffs themselves. You can tell them you know their charges are excessive and that you will be taking further action if the charges are not reduced to the levels shown in the schedule.

 

You can then complain to the council as the bailiffs are acting as agents of the council. There have been recent cases that have been taken back in front of the magistrates' court over these issues, with the result that the councils have been forbidden to take any further recovery action, or in other words, the debt has been written off. So it IS worth complaining.

 

You can apply to the county court for the costs to be checked. An application for a detailed assessment of the charges needs to be made within three months of receiving the bailiff's bill. They will decide if the charges are excessive or not. There is a fee to pay to the court for this application. If the court decides not reduce the bill at least 20% you can be liable for the bailiffs firm's court costs. You need legal advice first. Phone us for advice.

 

Some private firms of bailiffs belong to The Association of Civil Enforcement Agencies or The Enforcement Services Association. You can complain to a trade association as well as the council. Both trade associations follow a set complaints procedure.

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Seminole,

 

I have a growing list of 'new projects' for the Mods and Admin to consider when the Bank Action Group has been fully successful.

 

Shall I add this to the list? I think it is a very good observation on your part esp. given your current position.

 

LOULA

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Seminole,

 

I have a growing list of 'new projects' for the Mods and Admin to consider when the Bank Action Group has been fully successful.

 

Shall I add this to the list? I think it is a very good observation on your part esp. given your current position.

 

LOULA

 

:D At this moment I think bailiffs may just be the greatest people in the world!

 

I think it would be a good thing to have a look at this at some point/

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I've posted elsewgere about my problems with bailiffs, not least the fact that they send you a letter saying "pay up or we'll take your goods" etc.

 

What the are supposed to do is send you an itemised statement or list of their charges, but I've had dozens of letters and not one has itemised or even explained the costs, so as far as I'm concerned they are in breach of contract (or of the rules at least) and the literature they sent me isn't worth the paper it's written on.

 

A seperate section wouyld be a good idea, because they really are a law unto themselves, or at least they think they are.


I only mouth my opinion, please look elsewhere for sensible advice! :)

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This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4967 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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