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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.    
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Bryan Carter CCJ - Very Worried


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Hi and thanks for reading this.

 

I suffer with depression and Aspergers syndrome, I have good and bad spells. Winter is usually quite tricky.

 

I don't really have a fixed abode, I often stay with my brother but I move around. I don't work since redundancy came along nearly 5 years ago. I'm nearly 50 and my nerves are not the best, the Aspergers seems to be getting worse and dealing with daily life feels increasingly uphill. I don't claim any benefits at all, some wealthy relations give me some pocket money in the form of an informal quarterly loan which just rolls up and will one day be offset against an inheritance (assuming I'm still above ground).

 

When I was made redundant I had a number of things on credit which I couldn't pay. I sold my house and everything I owned worth selling, paid off what I could and moved on. I ignored the letters that followed afterwards - my bank account is registered to my brothers address so after a while the letters started going there. They were just general threats, nothing happened and they gradually mostly stopped. I find the whole thing hard to approach and very frightening.

 

Two weeks ago I discovered that Arrow Global / Bryan Carter Solicitors have obtained a CCJ on 7th March, in the amount of £4,999 + £186 costs, and I have been ordered to pay Bryan Carter solicitors £50 per month by/starting 6th April.

 

I have no idea whether I actually owe this amount or anything at all to Arrow Global...I probably owe someone something that has eventually made it's way to Arrow Global, it's hard to say. I have no records and my memory has holes in it for chunks of time.

 

People with Aspergers often have trouble making decisions, and I am befuddled by the choices. I feel like I should belatedly try and get the Judement set aside so that I can ask for proof of what I do or do not owe, but my circumstances are odd to say the least and might seem odder to a court. I am also scared that this acknowledgement that I can be reached via an address will send a beacon flashing to other creditors' agents which re-igntes who knows what nasties sitting in the wings.

 

I could ignore the thing completely - it neither bothers me nor my brother whether baliffs turn up or not. I own nothing so what can they do, I don't even officially live there (or anywhere). But armed with a CCJ they could shut down my bank account which would be a major problem.

 

I could ask the court to amend the payment to a lower amount - but, again, explaining my circumstances or finances (basically I have no finances...but I still get some money), is tricky...or so it seems to me.

 

I could just try and pay £50 a month...but I would have to ask for more money (which obviously I am very loathe to do) and, surely then Arrow will just go around trying to gather up whatever other debts of mind they can find or take on and have a field day.

 

I've sat and thoughts about it for 2 weeks...if I don't get some advice I'll still be sat here at Christmas. But now time is short.

 

What on earth should I do?

 

Thank you,

 

Adrian

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Hi Adrian,

 

Welcome to CAG these debts are not priorities at all, even if the lot of them

were to take you to court you have no income and sadly no permanent home.

If the worst happened and they pursue the court claims you are quite clearly

a vulnerable person with no traceable income they cannot have that that does

not exist.

 

Have you tried any of the charitable organisations in your area for help

with benefits and housing?

I see if anyone else here can offer any suggestions.

Coming to CAG Adrian you are not alone.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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carter cant shut your bank acount down so put that out your head.

 

as for bailiffs, its a civil debt so they cant be involve either.

 

if you knew nothing about the CCJ

 

get it set aside.

 

BC are a crafty lot, and i bet the debt is dodgy in the first place.

 

you ideally should check your CRA file

 

it will give you a good few pointers

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Is this a really old CCJ or a new one issued recently. Personally I would check first to see if there are any charges being added to the acount, late payment fees etc.. . if this is your debt that is.

 

Any PPI taken out on this debt?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Two weeks ago I discovered that Arrow Global / Bryan Carter Solicitors have obtained a CCJ on 7th March, in the amount

of £4,999 + £186 costs, and I have been ordered to pay Bryan Carter solicitors £50 per month by/starting 6th April.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I just wondered if it was an old dormant CCJ and they have recenetly found Adrian. Claim back all charges and PPI if any.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi thanks for writing. I am confused though, I went on a government site looking at the enforcement action that can be taken for ignoring a CCJ and one of the things they outline is that they can apply to have your bank account frozen and the money in it paid to the creditor - and the first you know of it is when you can no longer gain access to your account. I would like to understand how this is wrong as it is a significant worry to me, thanks.

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Hello Adrian,

 

I think you need to get in contact with an agency such as National Debtline - We do have a couple of Nat Debt official reps on the site and your thread has been flagged for their attention.

 

If you would prefer not to wait then perhaps you might like to telephone them.. 0808 808 4000

 

This is the link to their website NATIONAL DEBTLINE you could also email them.

 

If you explain to them exactly what you have said in your first post - perhaps they could point you in the right direction.

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

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1: How can BCOBS protect you from your Banks unfair treatment

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3: Banking Conduct of Business Regulations - The Hidden Rules

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Would your brother be able to help with any paper work - perhaps attempting to get the CCJ set aside and checking to see if there are any charges or PPI that could be reclaimed.

 

You need information from Credit reference agencies, and from the original creditors. I am assuming that as you have moved around then it is unlikely you have statements or letters tucked away somewhere ?

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You could check to see when and where this CCJ was issued by searching trust online

 

http://www.trustonline.org.uk/ - it will cost you £2.00

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have no paperwork at all from before, and no longer have access to the bank a/c I used in those days. But there was never any PPI on anything I had as I was particular about that. The CCJ was issued at Northampton CCJ 7th March 2012, I have the letter N30 'Judgement for Claimant (in default)' and that's all with that date, 7th March, on it. If I try to set it aside then I assume I might have to attend a court to explain my situation which frightens the life out of me. I'll call the National Debt helpline later today as you suggest, makes sense. Thanks.

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Hello aidrianbruce,

 

We're keen to help. If you've not already contact us please feel free to do so on the number that Citizen B has listed.

 

If you have already called and have spoken to an adviser how did you find the service?

 

Best wishes,

 

National Debtline.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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