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    • thanks ae - yes  I understand the claims are between me and the lender.  But with regards to the order for sale the judge specifically said it is the receiver who is appointed to sell - and he hasn't/ and isn't - which is why I am asking if I can apply to the court v the receiver for an order for sale right now?   The receiver is not part of the current proceedings heading to trial.  But he is responsible for selling the property - and he has consistently rejected offers over >5y.   This is specifically why I would like to understand if I can apply to the court to enforce the sale ??? As above - The judge has said otherwise the order for sale v the lender has to be dealt with via the trial.  Which they have deliberately delayed via the adjournment. Valuation is an issue. The lender chose the valuer.  I paid but his report basically belongs to and is referred to by the lender.  He did a prof valuation without doing a site visit.  He had done a site visit 5 months earlier for different potential lender.  The 1st valuation he erroneously did as fh.  He just did a re-write 5m later - but kept the same value for lh. I had a great offer on the table from a niche buyer which would have cleared the loan and given me a lot of £s.  But the lender rushed through the repo and the buyer got spooked and ran.  The lender then slashed the price by 30%+ from their valuation (fire sale price?).  As you suggest - they fully expected potential buyers to quickly grab the property at such a discount.  But it turned out they couldn't.  The market had dropped anyway. Then covid hit.  Every potential buyer was questioning the valuation.  The lender and receivers actions have eroded the equity.  This wouldn't make sense to any normal lender.  99.9% would have just sold to the 1st buyer willing to transact.  The lender/ receiver had such a willing buyer on day 1 of marketing.  But they spent 15months trying not to sell to them.  As I said, disclosure shows the ceo wanted (wants?) to keep it for himself - so common sense didn't (doesn't) prevail.   The lender has made a MoneyClaim v me.  I am disputing it because I maintain it is their actions that has caused the erosion of equity/ a debt to accrue. The lender's problem now is that they have spent so much money and added so much interest over 5y that they cannot sell the property for what they need/ want.  They are trying to blame me for this.  But it is their fault; not mine - because I am not in possession or in charge of selling it. As I also said above - if there is some legal reason why I cannot make an application to the court for an order for the receiver to sell - then can I ask the other entity which has a charging order and threatened to do so. ???    
    • We registered our child with a nursery last year for a June 2024 start date. This was before how the new 15 hours free childcare was going to work. At the time my wife paid a £50 deposit. A few weeks ago they sent out an email about how the new funding was going to work. The nurseries can use it as they wish and they said if the child wants to come for one full day we still have to pay £50 and we can't use all the hours for one day. They also drastically increased their day rate. As a result of this we were looking elsewhere and have found a much cheaper nursery so we are changing.  The original nursery now said you only get the deposit back if she starts because it comes out of the first month of fees. I don't think we filled any any form or anything so there were no terms and conditions. Are we entitled to get the deposit back or is it our fault for not asking what the terms were when we paid. 
    • Hi Baldilocks. Welcome to CAG. I've done some minor formatting edits to your post to make it easier to read for people on mobile. Try to keep to 1 or 2 sentences max before creating a line break in your post. It's the Consumer Rights Act 2015, not the Sale of Goods Act 2015. The Consumer Rights Act 2015 superseded The Sale Of Goods Act 1979 and the latter does not apply as I imagine this purchase was made after 1st October 2015. Can you confirm the make and model of the vehicle? Some vehicles have their service history stored within the on board computers now or have it available to view online at any point. How did you pay for the vehicle? Finance (what type), Debit/Credit Card etc? I would argue, that should the above points not be correct, you would be right to claim that the goods are not as described under the Consumer Rights Act 2015.  
    • Thanks everyone for all your help, but unfortunately my case was dismissed. This is the 2nd time I've had this happen now so I doubt ill be taking on any parking firms in future sadly. The judge said I lost it on the grounds that the sign said I had 28 days to declare who the owner of the vehicle was, and said I should have complied with this.  My costs are Judgment for the claimant £133.33 Issue fee Hearing fee Solicitors costs - total £265 grand total £398.33 Do those costs look about right?
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Llowell/BW legal claim form old jd williams debt for £310


claire99991
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Hi

 

yesterday i recieved a letter from northampton court saying i had 14 days to reply with my admission

or denial at a jd williams debt for 310 pounds.

 

This catalouge debt is about 5years old and is mostly charges

 

a couple of years ago i got letters from several debt collectors inc llowell

 

i sent back proof it letters with the pound postsl orders

 

no one came back with anything and

all went quiet until the court letters

 

it wants my employers details income outgoings etc..

 

...i could really do without a ccj!!

 

Should i contact llowell and ask them to set up a payment plan?

 

Do i tell the court ive done this?

 

I only work 16 hours per week and with 2 kids i can set up payment plan.

 

Never had a court letter so dont understand it all.

 

Thanks in advance

 

Claire.

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Hi

 

I have moved your thread to the legal forum in view of the issue of court papers.

 

Can you tell us the date of issue as printed on the claim form and also type up the particulars of claim verbatim but without anything that could personally identify you.

 

Hi

issue date 19th feb but recieved today

 

.....its for jd williams catalouge for 310 pounds plus court fees...

 

. Have no idea what to do with it.

 

How do i go forward is it possible to set up payment arrangments without getting a ccj now

 

or am i going to get one anyway?

 

Thanks x

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'the claimant's claim is for the sum of 390.21 being monies due from the defendant to the claimant

under a mail order agreement regulated by the consumer cedit act 1974

between the defendnt and jd williams under the account ref *********

and assigned to the claiment on the 20/12/2012

 

notice of which has been given to the defendent,

 

the defendet failed to maintain the payment under the terms of the agreement

and a default notice has been served and not complied with.

 

the claim also includes intrest to section 69 of the county courts act at a rate of 8.00%

 

catalouge was taken out roughly 5 and half years ago. (most of this amount is charges)

 

where do i go from here

 

im loosing sleep over this

 

i really dont want a ccj and

 

just need to know if me contacting lowell

 

and setting up oayment arrangments is enough to stop this going any further.

 

thank you

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If you make an arrangement to pay, and they accept, from what i have read they will still continue with the claim unless they can say they will discontinue with the claim, but you will need that in writing....do not phone lowell or carter do everything in writing, that way you have a written record send all letters recorded delivery.

 

At the moment, I and quite a few others have also received claims from Carters/ Lowells they send these out like confetti.

 

Personally i am not worried about the claim, as they have failed to produce the documents they are relying on to take this to court.

 

when they send the claims out, they hope that the individual will just pay what they are after, what they don`t like is when the defendants stands up to defend the claims.

Lowells and carters send these claims out without checking whether they are right or wrong. meaning they dont have the correct paperwork in place when the claim is issued.

 

 

You have the following timescale to go with, You have 33 days in total subject to how you decide to proceed.

5 days from date of claim for the claim to be deemed served so 28 remaining ...14 to Acknowledge service and if defending a further 14 to submit a defence.

first thing you need to do is acknowledge the claim online http://www.moneyclaim.gov.uk there is password on the claim form to use for this.

when you do the acknowledgement tick that you want to defend all ( if you do) and do not tick the jurisdiction.

 

hope that helps

 

Lets

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You need to send the CCA Requestlink3.gif to whoever has sent you the Court papers.

 

You also need to send the CPR31.14 to the same people, asking for

a) Agreement

b) Default notice

c) NOA

d) How the debt is made up

 

http://www.consumeractiongroup.co.uk...redit-Act-1974

 

http://www.consumeractiongroup.co.uk...as-been-issued.

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You need to send the CCA Requestlink3.gif to whoever has sent you the Court papers.

 

You also need to send the CPR31.14 to the same people, asking for

a) Agreement

b) Default notice

c) NOA

d) How the debt is made up

 

http://www.consumeractiongroup.co.uk...redit-Act-1974

 

http://www.consumeractiongroup.co.uk...as-been-issued.

 

 

 

Ok

 

I may as well defend it if they are going to give me a ccj anyway??

 

This debt has been passed around a handful of dca's and

 

when I've sent cca requests nothing comes back

all goes quiet for a while and

then another crops up.

 

I'll acknowledge the claim defend it and

 

send the cca request and

 

other kettle mentioned recorded delivery to Lowell tomorrow?

 

Thank you will keep this updated x

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send them a CPR & A CCA request.

 

do not sign the letters

get a hold of your credit file too

 

does this show?

 

I notice several previous threads involving JDW cat debts.

 

have you ever sent them and SAR?

 

dx

 

 

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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Hi i registered on the website to acknowledge the claim online, i clicked i wanted to defend it says what are my reasons for defence, what should i out in the box or have i clicked on the wrong part? i havent submitted yet as not sure what to put, other letters have been posted to llowel and bw legal.

 

any advice be great never done this before.

 

thanks

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You are just acknowledging at this stage you submit your defence at 28 days.

We could do with some help from you.

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You are just acknowledging at this stage you submit your defence at 28 days.

 

Hi i registered on the website to acknowledge the claim online, i clicked i wanted to defend it says what are my reasons for defence, what should i out in the box or have i clicked on the wrong part? i havent submitted yet as not sure what to put, other letters have been posted to llowel and bw legal.

 

any advice be great never done this before.

 

thanks

Hi I'm in exactly to same position! So keeping eyes on your progress and following advice given on here.

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