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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A 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   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   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? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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Council Tax bill-Nine years later!!


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I moved from Liverpool nine years ago. My council tax payments were fully paid, or so I thought. On returning home from work yesterday I was knocked for six when I opened a liability order from Liverpool City Council saying I owed them £548 (covering the period April 1998 to March 1999). Part of my time during that year had been as a student and I moved to out of Liverpool in January 1999. How can they bill me after all this time with no breakdown of the bill. I have lost all evidence that would have supported my dispensation (student/single occupancy) from this payment. Can they get away with this?.

Margaret

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The bill can be issued however when was the Liability Order originally issued ?, it can only be issued within 6 years of the issuing of the initial bill.

 

At that time you can be held liable for the Council even if you where a student as prior to 01 April 2004 , all students where jointly liable with any non students if the non-students did not pay.

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According to their letter, a liability order hearing date was 15th June 2000, which I suppose covers them. At that time I was no longer at that address and as I have paid everything they have requested (according to my then status) I was blissfully unaware of this 'bill'. Now they are threatening me with bailliffs action if I do not repay within 14 days. There is no way I can pay that amount. HELP!!

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Sort out an arrangement to pay with the council before it goes to the bailiffs as it will save you incurring the bailiff fees, however make sure you stick to the payment plan as one payment short and it generally gets handed over to us bailiffs. Good luck

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Sort out an arrangement to pay with the council before it goes to the bailiffs as it will save you incurring the bailiff fees, however make sure you stick to the payment plan as one payment short and it generally gets handed over to us bailiffs. Good luck

 

Before he sorts out a payment plan, he should make sure that the money is actually owed. He shouldn't take it for granted that, just because the council and court says he owes it, that he actually does. He should ask the council for a full breakdown and insist that they hold on any action until he has had a chance to see their figures.

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I moved from Liverpool nine years ago. My council tax payments were fully paid, or so I thought. On returning home from work yesterday I was knocked for six when I opened a liability order from Liverpool City Council saying I owed them £548 (covering the period April 1998 to March 1999). Part of my time during that year had been as a student and I moved to out of Liverpool in January 1999. How can they bill me after all this time with no breakdown of the bill. I have lost all evidence that would have supported my dispensation (student/single occupancy) from this payment. Can they get away with this?.

Margaret

 

I know how you feel! On 3rd June I got a letter from Liverpool City Council saying I owed £115.11 in Council Tax from 1998! The letter was addressed to myself & the other 4 people I shared a house with at the time (when I was a student). I rang the Council who confirmed that I had been exempt from paying Council Tax at the time as I had a valid exemption certificate for the period the bill related to but as I was the only one 1 they could trace, I'd be liable for the whole lot if they couldn't find the culprit. (That's the last time I'm honest & provide a forwarding address when I move!) I told the guy I spoke to that I intended to dispute the charges and he gave some advice on how to do this. However, I came home today to find a court summons on mny doormat for the original amount plus £28 cost of the summons! As the court hearing is 16th July, am I right in thinking from reading other posts on this thread that the council is outwith the time limits for asking me to pay up? Also, as it's my maiden name shown on the summons can I dispute the charges on the grounds that I'm not the person named on the summons?

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I know how you feel! On 3rd June I got a letter from Liverpool City Council saying I owed £115.11 in Council Tax from 1998! The letter was addressed to myself & the other 4 people I shared a house with at the time (when I was a student). I rang the Council who confirmed that I had been exempt from paying Council Tax at the time as I had a valid exemption certificate for the period the bill related to but as I was the only one 1 they could trace, I'd be liable for the whole lot if they couldn't find the culprit.

 

If they told that you are only liable because they cannot find the other then they are incorrect . Prior to 01 April 2004 any student,even if Disregarded, was joint and severable for any council tax owing on the property, even if the other occupants where not not students.

 

The rules regarding issuing a Liability Order and timing are in the The Council Tax (Administration and Enforcement) Regulations 1992, Section 34, point 2.

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  • 3 weeks later...

can anyone tell me if there is a time limit to when i have to repay council tax in Scotland?

 

I have a letter from sherrif officers seeking payment that dates back to 2001.

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  • 2 weeks later...
Before he sorts out a payment plan, he should make sure that the money is actually owed. He shouldn't take it for granted that, just because the council and court says he owes it, that he actually does. He should ask the council for a full breakdown and insist that they hold on any action until he has had a chance to see their figures.

 

Agreed.

We were originally hit for a bill for £2,500 plus bailiffs fees.

After much arguing, this was eventually reduced to £150.

we took that to a Valuation Tribunal and the bill was quashed -it turned out we didn't actually owe them a single penny.

Don't take it for granted that the original amount demanded is the amount you have to pay.

They're like the tax office, when they issue a demand, they issue it for the highest amount possible and expect to be bartered down.

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Agreed.

We were originally hit for a bill for £2,500 plus bailiffs fees.

After much arguing, this was eventually reduced to £150.

we took that to a Valuation Tribunal and the bill was quashed -it turned out we didn't actually owe them a single penny.

Don't take it for granted that the original amount demanded is the amount you have to pay.

They're like the tax office, when they issue a demand, they issue it for the highest amount possible and expect to be bartered down.

 

By the way - forgot to mention -mtheir own records of anything past years is abysmal - they probably don't even know the full breakdown of the amount owed anyway.

Try it - aske them to break down the bill in full- they won't have a clue.

Sure, they will fudge and try to divert you away from the fact thatvthey haven't got a clue what they are doing, but be persistent.

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No sheizer sherlock :D

 

 

Actually, my own experience of bailiffs was quite pleasant.

When I explained to them the full circumstances of the monumental council c*ck - up that had occurred they apologised and told me they would leave me alone.

As a bailiff- have you ever had experience of this?

The original demand the council asked for was £2,500.

This was eventually bartered down to £150. (It was a landlord/tenant dispute- in the end, we didn't have to pay a penny)

But the interesting thing is this.~As the demand was eventually reduced from £2,500 plus bailiffs fees, then £1,500, the £800, then £150, then nothing... the council obviously let the bailiffs think that rather than being reduced, the sum was actually being paid off!

When I eventually spoke to the bailiff, he was horrified to find out that the full sum wasn't being reduced by payment- it was simply the council realizing their error and reducing their demand

I really couldn't figure out why the bailiff firm were bothering to send someone out from Manchester to Liverpool at least six times(considering current petrol costs) to chase what could only be a small percentage of an alleged £150 council tax debt (which eventually turned out to be no debt at all)

Is that what happens?

Do the council mislead the bailiffs to make them think they are chasing the final payment of a substantial debt when in fact, it is their own error of calculations which makes the bailiffs think that they are only seeking the final payment?

I'd appreciate your thoughts on this, Mr Bailiff.

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