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iceboy

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  1. Diddy, I didnt make an actual offer back in October. I was just asking them if they could accept an offer. I asked them that i could clear the balance in instalments within few months but no response! Ruprecht,thank you for your respond. It sounds allright to me , if i have to pay the balance within 28 days and receive no ccj. However, is there anything i need to do now? Do i have to send in the defence form? Do i need to defend myself? And lets say i have not defended myself and court ordered me to pay the balance in full (within 28 days to avoid ccj registration), how long that would take in total together with the 28 days period? Is there anything i should be doing right now? Many thanks for your responses...
  2. Diddy, thank you very much for your time and effort, i really appreciate it. Well i can offer £100 now, £100 next month and £50 in April but they havent even returned to my email which i was asking if they could accept an offer. If i accept the debt and offer a payment, do i still get CCJ registered? I just dont want to get it. I am a student and £250 is a big amount for me and i cant really borrow from anyone as i know it will be very hard to pay them back. What should i do?
  3. Thank you for your respond didy. I am sorry i have fallen ill and couldnt get back to you. And now i have even lesser time to take some action! I am desperate for help. Particulars of claim on the claim for is as below: The claimane agreed to lend to the Defendant under a fixed loan agreement dated 21 August 2009 the sum of £150. The defendant agreed to repay the loan off in full or an agreed date to extend the loan paing a further service charge. On 13.09.2009 the defendant failed to repay the Claimant's loan or extend and the Defendant is in default as set out in the terms of agreement. The claimant is also entitled to interest at the rate stated in the terms of the agteement and is payable on the amount outstanding if payment is not made on the repayment scheduled date. The Defendant has failed to make payment back to the claimant in accordance with the terms of the loan agreement. And the claimant claime:.. 1. The amount of £150 loan amoun... 2. Loan charges and interest of £104.88... 3. The Claimant total claim is £254.88.. 4. Costs... Date: 04 January 2011 Any help will be much appreciated. Many Thanks...
  4. Can anyone please help me on this matter? What do i need to do next? They didnt get back to me for the offer i made 3 months ago and now Claim Form arrived! If i call them straight away and make an offer on phone, is there a chance they will accept it and cancel the claim? Or if that doesnt work, what should i do? Any help will be appreciated. Many Thanks...
  5. Hi Guys; Last week, i received a Claim Form from Northampton County Court. Issue date is 5 Jan!! So because 14 days already passed, i logged in and filled out the Acknowledgment of Service from to extend it for another 14 days. However, i dont know what i need to do now! In October, i sent them an email making an offer of payment and i had not received no reply from them! Im not running away, i want to pay the debt. But i need to pay it in instalments and avoid getting CCJ. Can anyone please please suggest me what to do! Many Thanks...
  6. Any idea on what to do at all? Because i have no clue on what i can do! Thanks...
  7. Hi guys; I took a provident loan for £700 on mid december. And i said i would clear the whole balance by the first friday of January. However, the guy was supposed to call me to collect the payments but he never did and until now, i have not made any payment yet. Other day my sister called and said the guy showed up at the house twice (last 2 fridays) However, i wanted to clear the balance by the 1st week and not pay anymore interesrt. The other thing is that, i received a form from them in January which was posted in december for cancelling the agreement. Letter said that i needed to send it within 5 days of receiving it. So i did, bu i sent it a week ago. Now i was wondering, because of Christmas and new year period, do i have extra time to cancel my agreement? I want to pay back the £700 and not pay any interest as i already sent the cancellation form. Or have i sent it too late? Can you guys please help me with this matter? Many Thanks...
  8. It was issued on the 15th! Does that mean we are too late now? How can they expect us to defend ourselves without even knowing anything about what to do! She doesnt have money to hire a lawyer! Dont they send out guidelines before taking everyone to court first? Is there anything i can do about it now? I dont even know how to file a defence! I know nothing at all! Oh God!...
  9. How can she file her defence? Im not sure what to do next. Do we send letters or we just defend at the time of hearing? Or do we have to send files to court? Theres no date set for the court hearing yet! How fo we know when is the hearing? Thank you
  10. Do you guys think she has a chance? How can we tell them that the aggreement she has been sent is not the actual agreement? Does she have to go to court or can it be avoided? I realy dont know what to do next. Thank you all for your helps. Looking forward to hear from you... Regards..
  11. Thank you guys. i asked my sister the questions above and am waiting for respond still. Will write back once i get a respond from her. Than you...
  12. Thanks for the respond Shadow. What can we do now? I mean, the agreement is on a different page. How can they claim that she has the same aggreement? Could they not just make it up and attach it as an agreement? Doesnt the agreement supposed to be on same page with the signature? I am not sure what to do now! I just cant think of anything!
  13. Also, my sister claims that she doesnt have a copy of what she signed and never had it! Not sure if that makes any difference...
  14. Hi guys, Thank you very much for your helps. As i stated before, i sent the letter and my sister recieved a respond which she managed to scan and email it to me. She has been sent, statement of account and the aggreement (both i have added as an attachement below) Aggreement states that payment must be made in advance but she has not made the payment, so how can they still ask for it? The paper she signed says Term 2009. Does that mean summer school term or autumn term? I am not sure! If they say the payment must be made before hand, how can they say she owes them money? And she has not set up a payment plan either! Statement of account shows that no payment made between 1st May to 1st April! Also, if pupil is not attending school, arent they supposed to call her mum and check up? Also, the agreement does not state that the child was registered for both Summer and Autumn term! My sister had to take her off the school as my niece (after starting on that school) was acting agressive and was not happy. Can anyone help me with this please? She doesnt have much time left! If i am correct, she has time only till the 17th! Please help me guys so i can help my sister. Many Thanks...
  15. Could anyone please confirm if the above letter is the correct letter to send to the claimant? Many Thanks. Kindest Regards; iceboy
  16. Thank you for your quick respond Mould, i really appreciate it. The claimant does not have legal representation, therefor i must send the CPR 31.14 to the claiment address. I hope i got this right. I have found x20's template here on the forum, but not sure how much editing it needs! Could you please help me with this tamplate? If it is good enough, i am planning to send this first thing in the morning. Once again, thank you for your help. Kindest Regards... Dear Sir, Re: (Claimant's name) v (Your name) Case No: CPR 31.14 Request On 15 December 2010, I received the Claim Form in this case issued by you out of the Northampton County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. The assignment* 3. The default notice* 4. The termination notice* 5. [any other documents mentioned in the Particulars of Claim]* * delete if not mentioned in the Particulars of claim. ------- not sure which one to delete and keep! ------------- [Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise] You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours Faithfully; iceboy
  17. Hi guys; Managed to fill Aknowledegment of Service Form online finally. It turned out that i had to register first and than login with the details provided! Shadow, now that i have another 14 days to respond, do you know how can i request information under CPR18? I searched on how to requestCPR18 but had no luck. Would be gratefull i fyou could help me with this matter. Also, could you please (if possible) provide me with a little template? Many many thanks...
  18. Oh also i forgot to mentioned that her name is on the claim form is wrong! They used double 'n' instead of just one. Instead of 'iceboy London' they wrote 'iceboy Lonndon' Does that make any change? I am not sure but hopefully it does.. Thank you...
  19. Thank you for your respond Mould. I have not yet managed to fill out the Acknowledgement of Service form online as the user name and password doesnt work! It wont let me login! I logged into http://www.moneyclaim.gov.uk using the claim number and the password, but no luck! It says wrong password! And i am not sure if i have enough time to send the form back using post now! I am sure about the dates (i guess) Issue date is 15 Dec 2010. It says you get 5 days +14 days. That leaves us until the 3rd January! However, if i could do it online, it would save us time but i cant! Also, could you help me with requesting disclosure of the contract from the claimant. How do i do it? Once again, many thanks for all your helps... Thank you...
  20. Thank you for your responds. She said she has no proof of payments made. My brother in law made payments on a weekly basis and that was made cash in hand. However, if they were to miss payment, I am sure they would have said something. So I'm not sure how they can now claim they owe money to school for the term they have already paid for! She also says she has no copy of contract! She has not signed anything, which is just awkward! If we were to extend it for another 14 days, could she be able to ask them for proof of debt or agreement? And if they have none, can she just ask them to stop the claim through court? However, I want to know, if she fills the aknowledgement form, does that mean she accepts the debt? Will she never be able to avoid going court? I wanted to know if we could solve the problem between the school and my sister without any involvement of the court? Once again, thanks a lot for your responds guys... Looking forward to hear from you again...
  21. Hi everyone, My sister receieved a claim form from a school which my niece havent even attended and we are not sure what to do! She sent my niece (5 year old now) to school's nursary in Summer 2009. But she didnt carry on sending her to the same school. But she paid all the nursary fees at the time. However, the school claims that she was withdrawn without notice from the primary school. She only attended the same school only for the nursary and they have no proof that she was agreed to carry on for the primary school. Here is what the particulars of claim section states: ------ Outstanding Fees of #80 for Summer 2009 and Lieu of notice for Autumn 2009 because a full terms notice was not given prior to withdrawal of child from Langdale School. The claiment claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 01/09/2009 to 14/12/2009 on #1,077.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of #0.25 ------- The letter was received on the 15 December 2010. And from the date i believe she has 5 + 14 days to respond so that leaves her time to respond until 3rd of January! She usually leaves in Blackpool, she only came down to London to see us for the holidays and only now she told me about the letter! And i really dont know what to do! Not sure if theres time to extend the deadline! Thats why i need your help guys. We have only 3 days left and here i am sitting on my laptop on new years eve trying my best! I would really appreciate if you could help me with this matter... I wish everyone a happy new year and i hope all your wishes come true this year... Many Thanks. Kindest Regards; iceboy
  22. They told me they wont hold any action unless they receive the first payment! Well, i am going to make the payment in that case.. Hope it all goes ok...
  23. Hi; Thank you for your responds. Sillygirl, i took your advice and asked them to provide me with their details so i could make the paymant. They sent me their details but i would like to know if theres a way of confirming the details? Thank you... This is the email they sent me today: Dear iceboy, Apologise - Here are the bank details. For all cash payments - please use the account details below, deposits can be made in any branch of Royal Bank of Scotland or NatWest: Account Name: Month End Money Ltd. Account Number: 39524906 Sort Code: 60-00-01 Reference: xxxxxx/iceboy Please reference your Loan Agreement number xxxxxx/iceboy on the payment slip so that MEM Consumer Finance Limited can allocate the funds to your account. Did you know that as we work with a credit reference agency, we share your account information on a monthly basis, so when you repay your loan on time, this could also help to improve your credit rating. However if you do not repay on time this could have a negative impact on your credit rating. Please call our free phone number 0800 074 5010 (Call charges may apply depending on your telephone provider) between 9:00am and 8.30pm Monday - Friday or 10am - 3pm Saturday. Regards, Debt Recoveries Keyes Whitlock & Company
  24. Hi Sand Dancer, sorry but i didnt understand what you mean by repo is not being possible? I am sending the SAR and CCA out tomorrow... Thanks...
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