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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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dwp chasing payment for 15 year old debt


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Hi everyone I am new to this site,

 

I would be very grateful for some advice regarding 15 year old debt from DWP.

 

I received a letter ta the beginning of Feb 2012 demanding payment for old debt from 1997,

also said that i had been contacted before (but I haven't).

I have been in full time employment since then.

 

I contacted them to ask what the debt was for and was told it was a mistake when I was on income support from 1993-1997 which i would have to pay back.

 

I asked for all correspondance relating to the debt to be posted to me,

two weeks later i received letter stating what the debt was for ,

apparently i had appeal against the decision in 1997 through a solicitor and i have not receive anything since so thought my appeal had been accepted.

 

Now they have hit me with a hugh amount and are threating debt collectors if i don't pay.

 

Any advice please would be much appreciated

Thanks

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Thanks for replying, they sent me a breakdown but from what i can remember it is not correct which is why i appealed it, I asked for all correspondance but they won't send me anything relating to the appeal, can i request that they send this, I only have a few days left to reply now and i have to fill in all my outgoings and send back to them.

I have asked them to take me to court so that i get to fight my own corner, but they said they can not do this but can send debt collectors.

Thanks again

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Debt collector have no power whatsoever, you do not have to speak to a debt collector and you do not have to give him anything.

 

It's obviously not legally enforceable or they would be talking court, that is all they know, so you can play along with their little game or just ignore it and the following letters.

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The debt is statute barred that's why they cannot take

you to court, but they are entitled to recover the debt

in another way if you at any time receive any further DWP

benefits including state pension deductions can be taken

from that benefit.

The DCAs the DWP use a heavily regulated and are subject

to the official secrets act in the same way as civil servants,

and the content of all letters sent is approved by the department.

(source Lord David Freud, Minister for Welfare Reform DWP.)

There is little that they can do to make you pay, but they won't

go away.

Make an offer if you like of a payment that you can easily afford.

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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many thanks for the replies, i have offered them what i could afford and they won't accept this, they want treble what i have offered to pay, they have now sent a form for me to complete with my outgoings monthly, do i need to complete this form i do i just stick with the offer that i can afford i didn't think they could decide what i pay, but i am unsure.

 

Thanks again for your advice.

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Is this DWP debt management handling this

or has it been passed to a debt collection agency?

 

You could send following to whichever organisation

is chasing it.

 

Dear Sir Or Madam,

Ref: xxxxxxx

I write in regard to the overpayment you state is owed by me,

I am fully aware that this ''debt'' is statute barred and court action

cannot be taken, if the debt is reffered to a debt collection agency

nothing changes and I will still only be able to offer to pay £xxxx.

Therefore I once again offer to pay £xx per month and the first payment

is enclosed herewith.

Send it recorded delivery.

I have sent this ona number of occasions for others.

  • Confused 1

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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Thanks Brigadier,

 

It is DWP Debt management, I will send letter recorded delivery today.

Can you just advice please as on the letter it says if it is passed on to civil proceedings this will add further costs to the amount owed and may affect future credit ratings, is this true i have worked really hard over the last 10 years get a fair credit status and cleared all debts over the years.

 

Thanks again its just frightening when you receive such mail 15 years later.

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This is a template letter designed to frighten, which is why I added

the para about Statute Barred debts.

They have already acknowledged that they can't take you to court

anyway.

AND they cannot report it to the CRAs anyway.

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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Thank you so much Brigadier, you have just put a smile on my face for the first time in weeks.

I was so worried, i have never hidden from anything and always paid off debts but this was a shock!!!

Anyway great site and i will keep you all informed of responses i receive.

Thank you again.

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