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  1. Name of the Claimant ? Total Motion Limited Date of issue - 29rh January 2O21 Particulars of Claim 1. the Claimant provided a vehicle on hire to the Defendant. 2.The Claimant issued an invoice on 30/06/20 in the sum of f131.10 which remains unpaid. 3. The Claimant claims interest pursuant to the County Court Acts L984 at the rate of 8% per annum from 30/06 /20 to the date hereof in the sum of f4.66 and continuing to the date of judgement or sooner payment at the daily rate of f0.03 per day. 4.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from the 30/06/2020 to 28/01/2021" of £131.10 and also interest at rate up to the date of judgement or earlier payment at daily rate of £0.03. What is the total value of the claim? £162.21 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I'm aware of via post or email. 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? Lease Agreement when did you enter into the original agreement before or after April 2007 No Do you recall how you entered into the agreement...? Email and documents by post (lD etc) Is the debt showing on your credit reference files (Experian/Egulfa1 /Etc...) ? No 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. original lease company Were you aware the account had been assigned - did you receive a Notice of Assignment? N/A Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed "Notice of Sums in Arrea6" or " Notice of Arrears "- at least once a year ? No Why did you cease payments? April 2020 (end of lease agreement) What was the date of your last payment? April2020 Was there a dispute with the original creditor that remains unresolved? Whilst not a credit (as credit agreement for the lease was finished (all payments made) I made the firm aware I was disputing the alleged damage as soon as I was made aware they were seeking payment for. alleged damage> Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No financial issues, Total Motion claimed damage to an alloy wheel after car was collected (collection sheet' provided above) out of my ownership. It is Total Motion Limited. I've completed the form, hopefully its useful, there is no real detail on the Claim Form which I would expect, and I also have not had any form of Pre Action Protocol letters, last communication (email) was just the resending of the same invoice which I had already made them aware was disputed (with evidence provided) thanks
  2. Leased a private car through a firm last year. It was returned in very good condition, the chap collecting it undertook a Collection Sheet which clearly had a condition chart to be used to mark obvious damage etc and the usual, mileage, accessories. He duly used this condition guide to mark ‘8’ stone chips on the collection sheet. Due to COVID-19 he left a copy of this sheet in my porch and drove off. As there was nothing untoward on the collection sheet I thought no more of this. Around month later I received an Inspection Report claiming damage to an alloy wheel and a charge of £125.00 I naturally contacted the firm and provided the evidence of the collection report stating no such damage. This went back and forth for a few emails, with company advised that it may have been missed due to wheels being dirty and that small damage is not always noted and was not an inspection collection report. I pointed out that the form I was provided was a collection inspection and that it has a section for ‘Vehicle Condition Key’ to be used to mark damage (as stone chips had been marked) to protect the customer and the vehicle collection agent, I also stated that if stone chips had been marked then surely damage to the alloy wheel would have been also as this was claimed out as side of wear and tear. I also provided photos to prove the vehicle was in excellent condition for the collection. I also made them aware that the vehicle had been driven 60 miles out of my ownership before this second inspection. The company ignored this and said the damage did not look fresh. Copy of collection report; https://imgur.com/a/wzRKCvB Fast-forward today and I have received a ‘Claim Form’ for the amount, interest and court fees of just over £160.00 I’m pretty gobsmacked to be honest given all the information I had provided and evidence. Can anyone please provide some guidance? I want to avoid a CCJ on my record at all costs, but fuming that given all the evidence I provided to them directly. For this small sum I could do without the stress, but even If I agree to pay do I get a CCJ? Many thanks
  3. Dear all, Unfortunately my father was taken very unwell on Christmas day and seems to have a long recovery period ahead. He is self employed and lives hand to mouth. I have discovered he has a number of loans that he cannot now make payment on short term due to being hospitalised. I appreciate this is not the fault of the loan companies, but is there any short term relief available as such I could request? thanks
  4. Thanks yes, times quoted are when from placed on file, the actual last default date was 27th August 2009, but did not reach credit file until the 11th February 2010
  5. I have three unsettled (in dispute) defaults that are due to expire after the 6 years with the last one on 11th February 2016 Can anyone please advise when is the best date to check the defaults have dropped off my file? Thanks.
  6. I'm a dab hand at that cerberusalert, there numbers have been blocked and letters filed, just awaiting my credit report now to look it over, its of a value of less than £500 this and it has a defective defult notice to boot
  7. Not a word, till letter of assignment today with 1st Credit buying the alleged debt. usual letter, what would be fist course of action now? I have requested my credit file to check they have not entered any information incorrectly
  8. well what are we, 3+ years on this now and still no termination letter, guess i can do very little till that is here.......
  9. Well i thought i would update this. On 12 May 2012 (yes over 3 months ago) i wrote to Barclaycard requesting; "After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name. To adhere to the legitimacy of this I therefore please require;. 1. You supply me with a true copy of the alleged agreement you refer this default to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 9826 ************ 2. You must supply me with a signed true and certified copy of the original default notice apparently issued to me. 3. Any deed/notice of assignment if the debt was sold on. I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. I also request all correspondences in writing only."[/i] They have finally replied, please note the last paragraph of the second link; (also included was a load of photocopys of some T&Cs i have no recollection of, but expected that http://i46.tinypic.com/nuv5t.jpg http://i48.tinypic.com/1fk3h5.jpg So if no Deed/Notice of Assignment was required or ever sent to me then whats this? http://i49.tinypic.com/jfyctd.jpg Can anyone recommend best way to proceed? Its been 3 months since my request of documentation said Default was made Barclaycard and now there basically lying to me or extremely badly informed. Thanks
  10. Thanks, yes that was my main concern, we do have a lot of tech in the house and the property could be marketed whilst were still here and i didn't want details of what was in side on the web!
  11. Well the EA was polite and took measurements of the property, but i requested no photos to be taken of the inside of property as currently still has all our belongs and fixtures, was i within my rights to request this as she sounded shocked when i advised her!
  12. well in the interest of keeping things moving along smoothly i chose to communicate direct with the EA whom sounded very reasonable as involving our LA would have been long winded and who i'm losing faith with now anyhow!
  13. We do everything through our LA, Gas safety checks, reporting of faults and any other issues and appointments that need to be made are always through them. We have never spoken to the LL, hence why this is strange to have a phone call direct with no notice from our LA and if we did ever need a reference i would presume it would be from our LA as we have never had contact with the LL? I think i shall ring the LA tomorrow to advise of this and politely request all arrangements are made through them in future to anyone whom calls other them themselves. At the end of the day this could be anyone wishing to view our home with no official record through our LA whom are contracts are with on behalf of the LL.
  14. I think the point is being missed here. My LA has yet to give us any notice to quit, they also act on behalf of us, so why would i be expecting a phone calls from another estate agent when i've had no notice to quit ? This should be through and arranged with our LA through us and then a appropriate time sorted to then be informed with the other estate agent. I can only see it being done as to not involve our LA because the LL chose another estate agent to sell the property.
  15. I do not think a phone call to my mobile number with no advance notification from LL or LA is very good practice. Our existing LA will have all the details required as they let the property out on the LL behalf obviously.
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