Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


1 Neutral
  1. Well Guys, Today I found out that I have a CCJ on my credit record from Capquest (Egg). The story so far is this: 12.07.2003 - Default notice issued VARIOUS DEMANDS 12.05.2004 - Debt collection (Eversheds) £2744.67 24.08.2004 - Debt collection (Credit Services) £4148.94 (sudden increase) 14.02.2005 - Debt collection (Eversheds) £4052.46 (Getting confused) 08.07.2005 - Debt collection (European Collection) £4052.46 25.07.2005 - Debt collection (European Collection) £4052.46 24.08.2005 - Debt Collection (European Collection) £4044.46 31.08.2005 - Debt Collection (European Collection) £4044.46 07.09.2005 - Debt Collection (European Collection) £4044.46 21.09.2005 - Debt Collection (European Collection) £4044.46 28.09.2005 - Debt Collection (European Collection) £4044.46 12.10.2005 - Debt collection (European Collection) £4044.46 26.10.2005 - Claims Processing (European Collection) £4044.46 + 120.00 Court Fee + Fixed Costs 80.00 = £4244.46 28.12.2005 - Debt Collection (Scot Call) £4044.46 NOT SURE WHATS GOING ON NOW 10.02.2006 - Letter sent to European Collections making an offer to pay £2022.23 as full and final settlement. 17.02.2006 - Letter from European Collections stating that before the client can consider my offer they want to know the source of the funds and a full financial statement. 17.05.2006 - Sent letter to European Collections once again offering full and final settlement of £2022.23. Informed them that the money was from re-mortgage due to excess debts following Cancer and advised them that there were no further funds available. 19.05.2006 - Letter received from European Collections advising me that they would accept full and final settlement of £2022.23 if they had this by the 1st June 2006. Cheques were then issued by FIRST TITLE for various creditors to clear debts, however the cheque to clear the Egg debt was made payable to Egg not ECI Ltd. This was returned to First Direct on the 23rd May for re-issue. Called ECI to advise them that the cheque had to be re-issued, they accepted this. 05.06.2006 - Cheque sent to ECI for £2022.23 to clear debt and I also requested a letter of final settlement. 05.12.2006 - Letter received from Egg saying that they were transferring the account to Capquest!!! Sorry but I thought this was now cleared (even though no letter had been received). They stated that they were transferring the rights under section 18.2 of the Egg Card Conditions ??? 06.12.2006 - Debt purchased by CapQuest £1932.23 19.12.2006 - HL Legal Solicitors £1932.23 + Court Costs + £80 = £2127.23 solicitors costs would be payable if debt not cleared by 01.01.07 07.01.2007 - Sent letter to CapQuest stating that this account had been agreed to be settled and was paid in final settlement on 05.06.2006. I enclosed a copy of the correspondence as proof. 06.02.2007 - Once again sent details of the payment to Egg and informed them that I was also seeking to obtain information under Section 7 of the Data Protection Act, after doorstep collector turned up.. 14.02.2007 - ScotCall door step collection letter received CONFUSED!! Now I have found that a CCJ was issued for £2543.21 and this has subsequently been attached to the land registry of my house..... Not confident about what to do about this matter..as I am very confused. Pauline
  2. Thanks Guys I have indeed ticked NO (way hozay)...and I have enclosed a nice little letter explaining why. I can't understand how this can be a FREE service however, when they are charging fees! slinks;-)
  3. This is typed as I received it: This form must be returned to the Court along with your Allocation Questionnaire under ALL circumstances. If you do not, you may delay your case. AN ALTERNATIVE TO GOING TO COURT The East Kent Courts have set up a voluntary service for people with disputes involving sums of money over £1500.00. The aim of the scheme is to help people settle their disputes and agree a solution without having to go through the Court process. If the claim is for less that £1500.00 then the Court will consider the possiblity of settlement at a preliminary appointment. The mediators are provided by the National Mediation Helpline which is run by the Civil Mediation Council and supported by the Department of Constitutional Affairs. When a request is made to the helpline for a mediation provider accredited by the Civil Mediation Council. What is mediation? Mediation is a way for people to discuss problems with the help of an impartial third person known as a mediator. The mediator will help the parties to communicate better with each other with the aim of the parties reaching their own agreed and informed solution to the dispute without going to Court. Mediation can be used in virtually any type of case. Why is mediation being offered at this stage? Mediation is being offered to parties at this stage in the proceedings in an attempt to assist the parties in achieving an early settlement. By achieving an early settlement the parties will save money in legal costs and expensive court time will also be saved. Why try mediation? There is no complusion for parties to mediate but mediatiom is quicker than continuing wth litigation as mediation meetings will normally take place wihtin one month of both parties agreeing to mediate. Mediation is also cheaper, more informal and a less stressful way of resolving a dispute than a trial by judge. Mediation is confidential and is an opportunity for parties to be assisted in reaching an agreement by an unbiased third person. Even if you do not have legal representation by trying mediation you could save both time and money. People often want to mediate where; 1. They want to maintain a relationship with the other party once the dispute is over. 2. They want to stay in control of the process and not hand it over to a judge. 3. They are worried about the costs of going to court or the delay in waiting for a trial. 4. They want the dispute and settlement to be confidential. 5. There may be outcomes that can be agreed which a judge could not award. 6. They want to look for a settlement rather than take the risk of a judge finding against them. 7. They are neighbours or businessess who deal in the same local area or type of work. Where will the mediation take place? Mediation meetings will be conducted at a venue convenient to the parties. This is likely to be at one of the local County Courts. What happens at a mediation meeting? At a mediation meeting the mediator will meet each party separately and together discuss the issues involved. The mediator will identify the main issues and try to help the parties to settle their dispute. What happens if there is no agreement? If it is not possible for the parties to reach an agreement then the case will proceed in the normal way. The mediation process is confidential, what is known in legal terms "without prejudice" and so what is said in the mediation cannot be referred to in Court. How much will it cost? The cost depends on how much is being claimed. Value of Claim Fees Length of Session £5000 or less £250+Vat 2 Hours Over £5000 but less than £15000 £500+Vat 3 Hours £15000 but less than £100000 £750+Vat 4 Hours £100000 or more £1000+Vat 6 Hours and £200 per hour thereafter and any preparation in excess of 2 hours charged at £50 per hour. Each party pays HALF the fee stated above and payments are paid directly by the parties to the mediator before the mediation. Cancellation of an arranged mediation may still incur a fee. What should I do if I want to go to mediation? Complete the attached form and return it to the Court with the Allocation Questionnaire. The matter will then be referred to the District Judge and if s/he takes the view that mediation is appropriate s/he will suspend the case to allow the mediation to take place. What happens next? The Court will notify the National Mediation Helpline who ill appoint a mediator. The mediator will contact you to make arrangements including payment of the mediation fee, submission of a short summary of your case and the time, date and venue for the mediation. MEDIATION SERVICES AT CANTERBURY COUNTY COURT Canterbury County Court is working with the National Mediation Helpline to assist people with disputes. A document. "An alternative to going to Court" is enclosed which you must read. Mediation is a less formal dispute resolution process than a hearing in Court before a Judge. It can be quicker, less stressful and reduce the ongoing build up of costs. It also gives you and the other party the opportunity to concentrate on what the real issues are of the case. The mediator is trained to help both parties settle their disputes. To assist the Court in deciding if your case is suitable for mediation, it is important that you complete the enclosed reply form and return this with the Allocation Questionnaire. If the case is suitable for mediation the Court will pass your details to the National Mediation Helpline to arrange a mediation appontment. The appointment usually takes place within 28 days of the referral. The mediation may take place at Canterbury County Court where rooms and administrative support are available or the mediator may arrange a suitable venue outside of Court in agreement with both parties. Further information can be obtained from; Canterbury County Court The Law Courts Chaucer Road Canterbury Kent, CT1 1ZA Tel: 01227 819206 email: [email protected] or National Mediation Helpline 0845 6030 809 www.nationalmediationhelpline.com EAST KENT MEDIATIN SCHEME REPLY FORM To: The District Judge Canterbury County Court Case Number: XYZ I am / I Represent (state which party)..SLINKY... o YES I want to try mediation. I wish to use (delete as appropriate) a) National Mediation Helpline b) Other Provider / Mediator (Please state which)........ a meditaion (delete as appropriate); a) Has been arranged for (please state date)..................... b) Needs to be arranged by the Court using the Helpline. c) Has been refused by my opponent. (Optional) I ask the Court to stay (pause) proceedings until..........(insert a date 6 weeks ahead, or 1 week after the date of the mediation if it is known). o NO I do not want to try the mediation service and understand that I may face costs sanction if the District Judge finds that refusal unreasonable. My reasons for refusing to mediate are: Note: You may be required to attend court to explain refusal. HELLLLLLLPPPPPPPPPPPPPPP
  4. Taking Grabby National to Court for Bank Charges + Interest but now I have the added headache of a Mediation Scheme Document to complete as well as the Allocation Questionnaire. Are there any letters I can attach to this as I don't want to do this or pay half the costs or fees if a) I lose or b) I accept mediation. HELP PLEASE Slinky
  5. There was no mention about the 8% interest in the order and in fact the order stated that neither party had shown up (which was rubbish as we spent 20 minutes with the Judge) and I have written to the Court about that. The Judge just said that he felt that 8% was too steep and that the value had not been altered at Court for some while and he believes that it should be. I hope I don't get him again for my next case....Any arguements against his point would be appreciated...SLINKY
  6. I had a letter from Ashurst with my Court Claim Letter, originally the case was with DLA Piper. No one turned up to the hearing and then Ashurst sent letter and cheque when Judge found by default. So I would pretty much say that Ashurst are the new boys.. Slinky
  7. Hello Chaps In case you didn't know, Abbey have changed to another Solicitor. The details are as follows; Ashurst Broadwalk House 5 Appold Street London EC2A 2HA Tel: 020 7638 1111 Fax: 020 7638 1112 www.ashurst.com Offices in: Brussels, Dubai, Frankfurt, London, Milan, Munich, New York, Paris, Singapore and Tokyo Looks like Abbey have brought in the big guns....lol
  8. 09.06.06 Sent initial letter to Shabby National requesting a refund of £351.99. 30.06.06 Sent second request for refund. 21.07.06 Received letter from Shabby - standard denial letter. 22.07.06 Submitted Court claim for £351.99 + £158.88 additional interest and £80.00 Court fees = TOTAL £590.87 (Should have sent me the £351.99)! 31.07.06 Letter from DLA Piper (Abbey's Old Solicitors) moaning that I had claimed £105.00 worth of bank charges that were prior to six year limit. 01.08.06 Notice that Acknowledgement of Service has been filed received from Court. 03.08.06 Late letter from Abbey apologising for delay and that they are unable to locate our account (it is a closed account) - bit late in the day as it was already going to Court.... 16.08.06 Letter of Offer of £218.78 from DLA Piper Solicitors and defence papers. 18.08.06 Notice of Issue returned to Court NOT accepting proposal for payment. 18.08.06 Letter sent to DLA Piper stating the minimum I would accept is £415.85 (This is less the £105.00 worth of charges for the period prior to the six year statute limit - being generous I thought). 04.09.06 Notice from the Court that defence papers have been filed. 04.09.06 Allocation questionnaire completed and returned to the Court. 21.09.06 Notice of Allocation to the Small Claims Track and listing date of 19 October 2006......... 19.10.06 All the papers had been prepared and both myself and my husband waited at the Court in anticipation for either a representative from DLA Piper or Abbey National to show up and throw cash at us...NO ONE TURNED UP! Went into the hearing with a Judge who stated that he kept listing these hearings in the hope that one would actually get to Court but they just kept being settled before they got that far. He also felt that 8% interest was too high and settled the judgement by default. Total amount refunded £523.43. This included the original £105.00 worth of charges that were over the six year limit and an additional £12.00 for travel expenses. However he did cap the 8% interest. So keep in there, YOU CAN WIN:grin:
  9. Sorry Mod - I was really angry when I wrote that....Clamed down a bit now Slinky
  10. Just about spitting feathers here I AM SO CROSS... I have a single account with Abbey that went overdrawn because of bank charges that I refused to pay (I am taking them to court). It went overdrawn by £188.83. I have just checked my joint account with my husband and the bank took £100.00 on the 09.10.06 and the other £88.83 18.10.06 to clear it! I have just called to say that this is unacceptable only to be told that it wasn't them it was "debt management" and to call back in the morning..... FURTHER NOTE: My Husband called the bank this morning and spoke to a young lady who stated quote " The banks are allowed to take money under Common Law". My husband asked her to inform him why Act and section this relates to, she said "I don't know exactly they don't tell us that at training". My Huband laughed at which point she told him not to be rude (?), he asked to speak to a manager within the next two hours before he would seek legal advice, at which point she slammed down the phone.... Two hours later and surprisingly a Manager from the bank did ring back, however he refused to give his name when asked. He stated that in fact there is no common law the money was taken under "bank code".....which incidently has not been updated for over ten years (they said) so I don't think this is very lawful at all. My husband requested a copy of the code and a letter of apology for misleading him in thinking that this was taken under "common law". The Manger from the bank asked who my Husband had spoken to, he told him that he did not know as she slammed down the phone.....The Manager stated that he couldn't help him with that as he did not have a name, at which point my Husband pointed out the he had requested to speak to a Manager via this person and that as he had called the it was obviously the person that had given him the message wasn't it........(Silence)....... The Manager agreed he would send the information and asked my Husband if there was anything further he could help him with at which point H said "no that's OK we will be getting the charges back with interest as we have stated litigation for every account we have ever had with you".......Manager hung up.........NICE Customer Service eh...
  11. I had a letter from Abbey National stating that they had moved solicitors (apparently in house - te he). The signature of the letter looked like a babies... I went to Court yesterday expecting DLA Piper rep or Abbey National bod and NO ONE TURNED UP......Won by default... Slinky
  12. The cost depends on how much the claim is for and normally takes a couple of months to get a court date (thats if they haven't paid before). Slinky
  13. This is quite normal. If you look in the library you will find a letter that you can send back with regard to this Microfiche issue. Incidently the ICO has just found that Abbey Nationals Microfiche system WAS a relevant filing system so that means that Barclaycard MUST give you your information and NOT charge anything further towards the cost (they tried to make me pay extra for microfiche statements). Hope that helps Slinky
  14. Welcolm and make sure that you read FAQ's before you start....Good luck Slinky
  15. Send a cheque made payable to whatever bank your sending it to and make sure you take photocopies of everything...
  • Create New...