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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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Payplan - Any good?


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Hi there,

 

I have recently contacted Payplan for advice. I was dreading making the phone call! I shouldn't have worried there very professional remember they charge the credit companies for their services not us!!!

 

They will take some basic details from you and arrange for a specialist to contact you by phone to go through all your debts and advise you of the best way forward.

 

As far as I am aware they can only deal with unsecured debts on your behalf.

 

If you dont want to proceed with any option they give you just dont send their paperwork back. It's your decision your in control.

 

 

Hope this helps

 

Paul

 

It must be worth a phone call though to find out where you stand.

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give national debtline (a charity who deal with payplan all the time) a call on 0808 808 4000. there may well be a delay in getting through but they will answer all the questions you have. an iva is expensive, fees can cost thousands although you may get part of your debt written off! a dmp is free but you will have to pay all off.

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Generally a DMP will show up on your credit rating as the first thing a debt managment company would do is to try and stop any further interest being added onto your account, stopping the possibility that your payment to them is being wiped out by interest charges. Consequently you would be in breach of their T&C's and this may be noted on your history.

 

In a some cases the original lender will sell the debt on to a collection agency prior to the DMP being accepted which may also appear on your credit history.

 

As to if your financial situation changes, most lenders will only agree to a DMP, (remember they are not obliged to do so), if they can review the situation periodically, i.e. every six months, this is done by providing a Statement of Means at these intervals.

 

That said you are still well within your rights to claim any unlawful charges from the original lender which would possibly reduce your total amount anyway.

 

There is absolutely nothing wrong with most DMP's, (though I would recommend somebody like CCS as opposed to a private company who will often make a charge, with CCS or CA all the money you pay will go to your debtors), you just have to be prepared for entries to experian, equifax and the like.

 

This is my understanding of DMP's. Hope this helps and any mods, feel free to correct anything i've boobed on.

 

Fishy.

Smile:-The Ethical Bank:- Settled July 2006

HSBC:- Pre-lim sent 09/10/2006

LBA sent:-26/10/2006

Court papers issued:- 13/11/2006

Citifinancial/DLC:- Ongoing since 21st August. Now part of an OFT investigation into Debt Collection Practices.

I am only a Doctor of Love NOT Law. Don't blame me if me advice goes belly up!

:D (I will try to help all the same)

 

If i've helped, use the scales at the top to tell me how great I am!

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If this is in the wrong place pleas emove - I figured I would post here as I noticed a few people already use them.

 

It looks like a good option, but I'm thinking of moving house soon or even selling and renting, so I'm unsure what happens if you come into more money or need to change mortgage etc.

 

Also their site is a little unclear on the effects on credit rating - I know an IVA will go there but if it's just standard debt management with Payplan will it show up?

 

And I have a secured loan as well as my main mortgage - would this be included?

 

Also any general comments about them - I've only seen good feedback so far which is good.

 

I know I can phone them and ask about some of this but it's always nicer to here it from an unbiased view point.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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I use Payplan and wish i had spoken to them months before i did.

THey will help to work out how much spare cash you have and will advise what can be put down as a legitimate expense, for example you can allow an amount for nappies, dog food and even doing your hair. You are only in debt you dont have to live on bread and water while you work out a way of settling your debt.

With Payplan you will need to have a minimum of £150 spare to go into the pot for your creditors. This is less than would be required for an IVA but an IVA will clear your debt entirely in 60 months. Payplan you pay it all (mine should be clear by 2027:D

The main advantage of Payplan is that they will absorb ALL of the pressure you are getting from your creditors. once you have a ref number from Payplan and have been assigned an account team then all you have to do is forward all letters , demands and bills to the team. They will negotiate they will work out an arrangement on who gets what. You can stop ignoring the phone ( i threw mine away and managed without for 4 months) and just tell them to talk to Payplan - it doesnt matter how pushy they are they must talk to payplan.

 

None of your creditors have to agree to an arrangement but generally they will accept that,for now, this is the best they will get.

 

The way to think of Payplan is that it is a buffer allowing you time to regain your feet and to figure out a way of settling your debt. Payplan can help arrange remortgage etc but the best thing is to hold out for 12 - 18 months and then start to up your payments if you can. Gradually you will begin to receive offers of settlement at far reduced amounts but again you shoudl always talk to Payplan before accepting (even if you have spare funds by then).

 

The only prob with Payplan at the moment is that they are getting very busy now.

 

Definitly worth a phone call though.

 

Guy

Bank Claim Result

NatWest £2051 UnGagged myself. They paid up in full:D

Barclays £641.81 Settled in full.:D

MBNA AOL £390 account credited

MBNA Card £880 account credited

MBNA Loan £115 LBA 03/07

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Thanks for your reply.

 

The minimum £150 - Is that from what I already pay? In which case I can easily do that.

 

How much of a commitment is it? An IVA sounds like you're stuck for 5 years with no other options, whereas from what you say about Payplan there are options to change payments and maybe settle early.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

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  • 5 months later...

I have been with Pay PLan for three years and it is the best thing I have ever done. The relief of the phone calls and letters was worth it. I am now coming into a position of being able to offer full and final settlements and Pay Plan are helping with this. An IVA sticks (as does a bad credit rating for sure) but I feel better and have been able to rebuild my life and above all my confidence!

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  • 2 years later...

Hello

I know you guys are singing there praises but I just think new members planning to use them should think about it.

 

I have been with then for 3 or 4 years now and the problem is you dont get a full picture.

 

I have about 9 debts via loans credit cards etc. Once entered into the agreement half my creditors stopped sending me statements and the estimates on my Payplan account are miles out. One states I owe about £850 and I actually owe £2,000. Another estimates £65 remaining and its actually £835.

 

The problem is you are still classed as a bad debt, not meeting minimum payments and defaulted. As a result charges are heaped on you and in the case of Lloyds TSB and HFC / Beneficial the debt recovery section isn't even aware of the agreement so add charges again and again and often call me twice a day (when the new switchboard shift comes on).

 

So dont think you'll never get a call again.

 

Also my credit score with all my creditors is still not even began to be repaired.

 

My advice is contact the creditors yourself. Let them know whats happening and you can pay off yourself as per Payplan do for you. Paypaln negotiated a monthly payment of about £40 on one and the interest was about £38. I was making more headway with that one by myself.

 

Then later if you do get a lump some at some point pay it to a debt of your choice. If you pay one off totally or try to pay a big sum to one who hasnt frozen interest, Payplan are apparently legally obliged to tell all other creditors. So be prepared for all the vultures to start calling again and negotions and figures be re-jigged all over again.

 

Also once paid or settled, (and if you get a statement from debters saying paid in full etc, templates available on other sites), you now have at least one debter saying you are OK and marked off your list.

 

As stated at the start I am still rated as a very bad risk with all my creditors and my expected repayment/finish date according to my Payplan account is 2011. In actual fact its more like 2015 before I can even hope to be debt free let alone credit rating start to be repaired.

 

I know I've rambled as I have tried to give you facts and examples to explain my problems. Hope i havent confused my own points.

 

Payplan may work fine for you but not in my case.

 

Hope this helps someone.

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In response to Cardi,

 

I started with Payplan in their early days. At that time when i sent them details of all my debts they were able to freeze the interest and charges on all of them. I have had some of these debts have another go at me from time to time and each time Payplan has dealt with them. So in my particular case they have been very helpful. I agree with the facts that if you deal with the creditors directly they will eventually agree a low payment and you can eventually settle. The trick then is to follow the same guide lines and dont offer to pay more than you can afford. Using someone like payplan is generally easier. I have just negotiated a apyment plan for my partner on a Barclays £8000 debt at £25 per month - they wanted £150 so it can be done but you must be prepared to bare your soul and go in hard.

 

If i had entered into an IVA instead of using payplan i would now have 8 months to run and probably owe nothing instaed i have an on going plan and still owe in the region of £25K so its a case of shop around and see.

 

Be aware there is a new company out there at the moment dealing with IVAs trying to get people to come out of an IVA and go bankrupt claiming its better than paying and keeping their property with no equity. this is a bad idea as eventually you will probably be clear of debt and property prices will GO UP AGAIN.

Bank Claim Result

NatWest £2051 UnGagged myself. They paid up in full:D

Barclays £641.81 Settled in full.:D

MBNA AOL £390 account credited

MBNA Card £880 account credited

MBNA Loan £115 LBA 03/07

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  • 2 years later...

have me on a dmp for the next 30 years, so useless, as they won't support you or help you if you are called to court, and I managed my own dmp for 4 years before that. I am getting rid of my creditors one at a time. I found payplan advisors, quite rude and frightening at times, when a creditor threatened me. One didn't even understand the word token payment. You are better off, doing it yourself, with the help of these forums and nationaldebtline, who are brilliant, at doing it yourself. I would be dead before I have finished off my dmp with payplan, and a dmp is only meant to last 5 years

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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  • 1 month later...

I was thinking of using payplan after an unsuccessful period with the Debt Support Company - only because I was paying £100.40 a month and they were taking £35 of this for their own monthly charges. I wanted to find a Debt management firm who didnt make such gruelling charges and payplan popped up. However, reading these posts, i am not sure and maybe a DIY debt management plan would be better ???? I owe about £17K in unsecured debt and my affordable monthly amount could be £150-£200. The largest debt (and I have quite a few creditors !) is about £4000 so think this would be an option - its just I dont get much joy contacting my creditors for account information etc. so I can pay them !!!

Any advice would be great.

thanks

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Hi, I actually did my own DMP, and took all the information from National Debtline, they have template letters, and all the tools you need. I mean I am now on benefits, and yet Payplan are still asking for a token payment. Also the fact that a DMP should not really last more than 5 years, I have now been on mine for 7 years, and getting nowhere. So I will be leaving them, as I intend to manage my dmp myself, as I felt more in control....

 

Think I have been repeating what I said in my previous post, but I would go for it yourself.

Edited by Lilythepink
Repeating myself

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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  • 6 months later...

I am surprised you guys wrote bad things here.

First of all PayPlan does work as they are in the middle between youa nd banks/loan sharks etc.

They did take all of my stuff, we agreed that I will pay every month fixed amount, I greed to 260 per month based on detailed expenditure list. You tell them what you spend money on and they fill out the form. PayPlan tells you what is acceptable by average standards and what is not. For example male haircut should not be more expensive than 30 pounds etc etc.

You have to monitor each creditor yourself. I check it every 3-6 months. I log in to my previous bank Halifax where I have still 4k to pay back. It is the biggest one within 260 per month as they take 50 quid. No fees, charges frozen, no calls and letters. Only confirmation post that they agreed to payment plan.

Some payday loan companies started offering me settlement, for example I owe 1400 but they say if i pay 50 this month, 50 next month (and 400 in the third month) they will close it for me. So little-by little-you can do it and remove your debts from the list. I send email to PayPlan about it and case closed. This is because they are seeing you paying every month same amount.

 

Yes occasionally PayPlan representative may come sharp to you as this is human behaviour, sorry but they are non commercial, they dont charge for their services. Keep cool and call back later. Big deal. Generally 99 percent PP stuff is super friendly, and very helpful.

 

Go for it. Life will become easier.

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I had to report one of the advisers, as all he was doing was terrifying the life out of me. I already knew that I was in trouble, and what the creditors are entitled to do, from info on this forum. Also when I got a court notice to get it setaside, I had to do it all myself, they were no help whatsoever. You are ok if you have some disposable income, but for 7 years I have been with them, and I am writing to my creditors myself, asking for original agreement, and most of them have not had one, so not entitled to the money. When I took ill, and was on benefits, my bank was useless, so was my mortgage lender, and all payplan were interested in was could I keep up my payment to them. Life has become very difficult, and frightening, as they give you no support whatsoever.

LilythePink

If you liked what I said, and if it helped in any way, please tip my scales..... thank you:)

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  • 5 years later...

This topic was closed on 11 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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