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L_C

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About L_C

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  1. Spoke with the independent witness earlier, he is happy to write up a statement confirming the tenant has said everything I put in my originally post here. Could anyone advise next steps or anything I must ensure I do? I just want to make sure I don’t miss anything first time around.
  2. I have checked and the owner does not own the property. It is lease hold and will be the same scheme as my mum and others on the street. I missed your original questions about the photos but yes, I have plenty which show the garage door laying next to my car and the damage.
  3. I can’t claim on my insurance, I literally wouldn’t be able to insure my car next year. I guess that’s where my witness statements should come in to play, are you saying they won’t help me then? There would be two from my parents and one from an independent witness who owns a house on the same street.
  4. Yes all of the damage was caused by the garage door but it’s supposedily fell and hit my car two or three times. My mum was in the process of moving house and didn’t spend a lot of time their so that was their reason for not reporting it. The tenants were very open and told me everything until the owner got involved.
  5. I’m not sure about business insurance and not something I’ll be able to find out due to him not talking to me any more. I do now have both of the tenants names now though.
  6. 1) I did ask them about claiming for their damage and they told me tthey aren’t bothered, looking at them, they have not been cared for at all and damaged all over 2) I will do a check and report back later about ownership of the property 3) Repairs will cost around £800 4) I know where abouts the owners now lives so won’t be hard to get find his address but this is something I’ll also try to find out ASAP
  7. I have a car parked on my mothers drive and she called me last month to tell me her neighbours garage door had fell and hit my car. There is no garage at the house, it was just a free standing garage door as the owner of the house fits garage doors for his job. When I arrived, the garage door was lay in front of my car and the damaged looked like it has hit my door and then slid down to the front of the car. The door had caused dents and gone through the paintwork on my bonnet, wing, front bumper, door, mirror and headlight. Not a simple dent removal and smart repair job by any means. The neighbours house is rented out to tenants. I knocked their door and asked them if they knew what had happened and they informed me that the wind had blew the garage door on to my car on two occasions and the wind from the night before had obviously caused it to happen again. On the previous occasions they have lifted the door off my car and put it back up against their house. They tell me the garage door was there when they moved in and it belonged to the owner of the house. They explain the door keeps falling and hitting their van and car so they informed the owner of the house and he told them it wasn’t his door any more so they should just get rid of it. I have contacted the owner who wanted nothing to do with this. I explained I would need to go down the route of small claims. I cannot put another claim on my insurance, I had a car was stolen last year, I lost my NCB so another claim on top of that would make it impossible to insure my current car. He says his home insurance will not cover it as it is an act of god but I have two witnesses and one independent witness that have agreed to give statements to explain the tenants admitted the door has hit their cars before mine therefore proving negligence. I eventually agreed to meet him at the house to show him the damage and what had happened. He requested 5 days to get advice and find out where he stood. This was three weeks ago and he is no longer replying to my phone calls and messages. I am really just looking for some advise before I start small claims proceedings as I have never done this before. My mum doesn’t have legal advice coverage on her home insurance. Will the two witnesses statements from my parents and one independent witness statements from another home owner in the same street alone help prove negligence? The owner is renting out this property against his terms. He has bought the house on the same scheme as my mother (half rent half mortgage) which does not allow him to have tenants. I have tried to settle this without courts, mainly for this reason but I am getting nowhere. I believe I should be proceeding with small claims against the tenants as it was in fact them who were negligent to the garage door hitting their car multiple times before hitting mine. Is this correct? I only have the tenants first names so cannot start proceedings against them at the moment. For third party claims, I would need to prove negligence. The tenants know it has hit both their car and van which should prove negligence but they will deny ever saying this and why I would like to know if my witness statements are worth anything.
  8. Ah, I didn't know that! My worry is I do not have proof of what I explained back in 2011 (in my first post). I can't access my bank statements, there was an obvious lack of synchronisation with Lloyds customer services which caused this problem. So, I defend by explaining my original post in the defence form?
  9. Thank you Ford. May I ask how your issues with Lloyds unfolded from 2012? The only info on payments I could find is a payment receipt dated 23/12/2009. I could not find any bank statements so I am not 100% sure when the last payment was. My credit report shows that the date of default is December 2010. It no longer shows as Lloyds though - it is Lowell and is updated every month, the last date showing 22/2/16. Is this normal? What are my options from here? I do not think I have many. Shall I return the form admitting to part of the claim, specifically the original £125? Lowell have also wrote asking me to contact them to discuss payment rather than going through the courts.
  10. I know, the default would have been removed from my credit rating towards the end of this year. What will a regulated agreement mean for me? I will see if I can find any old bank statements that show the date I last paid money in to the account but I think I'll struggle to find this.
  11. Name of the Claimant ? Lowell Solicitors Limited Date of issue – 01/03/16 What is the claim for – 1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds under account reference xxxxxx. 2) The defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 24/06/2014 and notice given to the defendant 4) Despite repeated requests for patent, the sum of £519 remains due and outstanding. And the claimant claims a) The said sum of £519 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of £0.114, but limited to one year, being £41.49 c) costs What is the value of the claim? £560 + £60 + £70 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? After 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. Lowell. Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably. I have kept all letters received about this debt so I will need to look through them for this specific letter. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again, I am not sure but I have kept all letters received for this debt Why did you cease payments? I set up payment plans with Lloyds TSB numerous times but they still kept adding on overdraft fees. More information below. What was the date of your last payment? ??/??/2010 Was there a dispute with the original creditor that remains unresolved? Yes. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes, many times. More information below. I also offered to pay Lowell the original £125 owed to clear the debt which they refused. To add, this debt used to cause me a lot of stress. I set up and stuck to payment plans which Lloyds kept going back on and adding fees, not once but I think 4 or 5 times. I was hassled by debt collectors multiple times a day when I was 19 years old and at that time didn't have a big enough income to pay it all off even if I wanted to. My mortgage, which I finally got last year, has a ridiculous rate due to my default (costing me around 3-4% more than any high street lender) and now I have just had a baby 5 months ago I have this potential CCJ hanging over my head. I would happily pay the original £125 debt to Lowell if it settled this quickly but will really appreciate any help from this forum to hopefully get this matter resolved.
  12. Please can anyone help me or advise me how to move forward with this? I've requested call backs twice a day and have had no reply but they have just issued me with a pre removeal notice. Also, My car is PCP.
  13. So, I set up a payment plan with Philips to be started on the 2nd January. As I am a contractor my payment was delayed which meant I called Philips and explained. The lady allowed me to pay my first installment 2 days later as long as I called back the day after to confirm receipt of the payment. I paid, I called back the day after, another lady confirmed my payment. 2nd February I get home from work intendeng to make my next payment but find a letter on my floor. A bailiff has visited my house to remove goods and I now have a £385 debt to pay (should now be £165). I have emailed Philips, sent a letter to Philips and requested six call backs via SMS which have all been ignored. Ideally I want this to go back to court so I can show my calls, email correspondence and bank statement showing my payment. Can anyone advise?
  14. Thank you. I've read this thread and when the OP mentions he has to pay it all went a bit quiet: http://www.consumeractiongroup.co.uk/forum/showthread.php?226173-phillips-rip-off-fees-help!&p=2537931
  15. No I'm 99% sure it was a final steps letter. I have never recieved any letter telling me why to pay. Just instructions from the court on the day with '£50 per week' written in pen at the bottom.
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