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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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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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im new and im so hoping someone could help me ,

im 38 year old woman and im actually scared everytime the door knocks or the phone rings ,

 

i lost my mother through breast cancer last week , i didnt pay ANY bills in fact i even got an £80 penalty because my direct debit didnt go through for tax on my car ! so i obviously didnt contact anyone

 

but these people at perfect homes oh my ,

they were ringing around 12 times a day (my brother took my mobile off me as i was in a mess)

 

well i finally plucked up the courage to ring them today and i explained that id lost my mother and asked if it was okay i pay £25 a fortnight for a few weeks as i have to pay towards funeral costs ,

she said to me first off :

 

"im sorry but the lowest we can take is £32" (which is £2 under my normal paying amount)

"you will have to come into the store or someone come out for you to sign some paperwork"

"we will need to see the funeral costs"

 

i burst into tears and said "do you seriously think im going to ask my dad for a copy of what i have to pay towards my mothers funeral"

her answer "yes"

 

i told her "no i will not we are still in a mess over this"

she said to me "well we will send someone out to you at 2pm tomorrow and they will come up with a solution for you"

 

what do i do ?

 

im in no fit state to see people i was hoping they would agree to the £25 a fortnight and i could pay online like before ,

i have 3 items with them and been paying more than the normal amount for over a year , they said i HAD to take out there cover for insurance :

ive worked out ive paid £158 just for this insurance i had to have "TAD" it shows up as on my summary page of whats due to be paid

 

i really dont want them to call out here tomorrow and i cant i just cant ask my dad for the funeral costs its hard to even type this let alone ask

 

any help i gladly appreciate

thank you

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Helpless Welcome to CAG!

 

Sorry to hear of your loss, Always very difficult when you lose a family member, especially such a close one.

Please dont be scared. What do you have from PH as products?

 

Can you tell us more about the agreements?

 

No they dont have to see funeral costs... etc .. .Plus Funeral costs wouldn't be down to you to pay as it would normally come from the estate.

 

And NO NO NO!!! They can't force anything to see any info etc. At this time, you should be treated as a vulnerable debtor and they are failing to do this.

 

You can be better than this with them. Take control, you call the shots, they do not.

 

Explain to them that is your offer due to the situation and if need be draft up a very basic I+E.

It may come in handy should you need to take this further.

If they dont play ball, you can also complain. But for now, lets help you get back in a better place! :)

 

Pay by Standing Order if required...

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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Hi Helpless and welcome to cag, you are in the right place.

 

So sorry to hear if your loss and the insensitivity of the vultures that are PH.

 

First and foremost, PH cannot actually do anything, they cant enter your home, they cant repossess anything, they are not bailiffs and have no such powers, ignore them if they try telling you any different .

Do not entertain them at your door and if you can summon the strength, send them a letter demanding they dont call at your home and to keep any and all communication in writing.

 

 

I havent seen the PH online payment system but does it allow you to choose how much you pay or is it set at your weekly payment?

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hi

thanks all ,

their website allows you to see your agreements and how much you have paid

im so shocked at how much it says on one agreement £11 a week and £7.66 is for the credit and then £3.34 is off the item !

 

ive screenshot the payment button it says you have to pay a week at the least

and they're sending someone out to me tomorrow what should i do ?

 

ive uploaded the payment page on there site and

i rubbed the ID info as im not sure if im allowed to post it on here

 

pefect home payments.jpg

 

perfect home.jpg

 

perfect home33.jpg

 

my mum wasnt working only my dad was part time the dwp said they would pay a bit to help but my dad and all of us want the best for her so we will pay the extra

even me writing this in here just seems so unreal it still has not sank in ,

wish my mind would work properly i hate feeling bullied x

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my mum wasnt working only my dad was part time the dwp said they would pay a bit to help but my dad and all of us want the best for her so we will pay the extra

even me writing this in here just seems so unreal it still has not sank in ,

wish my mind would work properly i hate feeling bullied x

 

They are most effective (DCAs and Companies similar to BH / PH / BAYV) when you are feeling at your most vulnerable.

Ignoring all of this, The grieving process is tough. Have you sought help with the emotional side of losing your mum?

 

https://www.mariecurie.org.uk/help/bereaved-family-friends/dealing-grief/supporting-a-grieving-family-member-or-friend

 

by phone?

0800 090 2309

Calls are free from landlines and mobile phones. Find out more about our Support Line.

 

http://www.samaritans.org/

 

CALL US

116 123 (UK)

116 123 (ROI)

If there's something troubling you, then get in touch.

 

We're here 24 hours a day, 365 days a year. If you need a response immediately, it's best to call us on the phone. This number is FREE to call.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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http://www.consumeractiongroup.co.uk/forum/showthread.php?381844-Harassment-Letter&p=4136657#post4136657

 

Visit the link above helpless, there is a template you can adapt there

 

Martin

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Ringing them wont get you anywhere, they will respond better to the written word

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Ok if you think you are up to it, could you adapt the letter and hand deliver it to the store in the morning?

If not, you could always be out when they call and post the letter.

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however

if someone does turn up

tell them to leave

or you'll call the police

 

 

they ARE NOT BAILIFFS

and have NO SUCH LEGAL POWERS

never ever discuss you debts over the phone

or

at your door

 

 

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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First of all, sorry to hear of your loss.

 

Sadly Perfect Homes are no different to any of the others.. Brighthouse, BAYV etc. Fortunately the Financial Conduct Authority have them in their sights and have recently dealt BAYV a huge blow - hopefully they will target the others now.

 

You do NOT have to open your door to any representative of the company, especially if you are feeling fragile at the moment. You could print/write your letter and simply pass it through the letter box to them.

 

As already pointed out - they have absolutely no authority to enter your home and if they threaten you in anyway (if they turn up) then you should immediately jot down as much of the conversation/their actions outside your home.

 

Report back to us after 2pm whether they turn up or not and we can then advise what you need to do next, if anything.

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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If you have a smartphone film them through the letterbox to capture their threats, it would come in handy later. They cannot demand you stop.

We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 1 year later...

Thread is 18mts old

Now closed to stop newbie bumping

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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Thanks

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