Ah, thanks - showing my ignorance of the correct terminology. I'm guessing that you only apply to set aside if the case is found in their favour?

Well, the 28 days came and went with no action. Do I need to do anything to get it set aside now, or will it happen automatically? Thanks.

Day 28 tomorow. Nothing so far...

I did that, but thanks for the heads up. Defence submitted. presumably I can keep an eye on its status in MCOL?

Brilliant. Thank you for that. I'll go back to the MCOL now and enter it. Is it still worth a CCA request as backup?

So the loan was not in default until over 5 years after the last payment? If that's the case should I still enter (or change) the defence or just the AOC, and should I send them a CCA request? I don't want to jump the wrong way on the MCOL.

I may be being a little slow, but how can the debt not be in default until 5 and a half years after the last payment? I know I have never written to them, and the amount outstanding on the statement for Nov 2009 is exactly the same as now.

Thanks for the swift reply. I just took a look at my file on Noddle, and it states there that the default date was Nov 2011. How does that work out, and would it have any bearing on my defence?

Name of the Claimant ? Lowell Potfolio 1 Ltd Date of issue – 11 May 2017 What is the claim for – 1.The Claimants Claim is for the sum of £564 being monies due from the Defendant to the Claimant under a Financial Services agreement regulated by the Consumer Credit Act 1974 between the Defendant and HFC Bank Limited under account reference XXXXXX and assigned to the Claimant on 23/12/2011 notice of which has been given to the Defendant. 2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.The claim also includes statutory interest persuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of £0.12 from the date of assignment to 22/12/2012 being an amount of £43.92. What is the value of the claim? £738 Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Loan When did you enter into the original agreement before or after 2007? Before 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. Assigned - Lowell Portfolio Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Unknown Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so. Why did you cease payments? Financial difficulties. What was the date of your last payment? Probably June 2006, but proven as before Nov 2009. 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. Hi all. I have read several threads on the forum, and could probably work out how to do this on my own, but I would feel a lot better with some experienced guiding hands. I have received a court claim from Lowell Porfolio regarding a loan taken out originally in 2005 with HFC for goods purchased from a high street retailer. If I remember correctly, there was nothing to pay for 6 months, followed by 6 months interest free payments. Failing that it was to revert to 36 payments with interest. I believe that I only made one initial payment, before falling into difficulties. I have managed to find a statement from HFC stating the balance in Nov 2009, and that is the same balance that has appeared on all correspondence to date, so I can show that nothing has been paid since then at least. I do have a letter dated Nov 2012 stating that the loan had been assigned to Lowells. Any help on my best course of action would be gratefully received.

Whilst posting a new thread, I realised that I had left this one hanging a little, and that always bugs me. So, to tie up the loose end, I did in fact receive a full refund of my overpayment, about 2 weeks after I sent in the claim form. Seems that HMRC has too many hands that are unaware of each other.

Yes, I'm taking the whole pot. So that would be 25% tax free, and should be basic rate for the remainder, but without a P45, I'll have to pay emergency tax,. I did pluck up the nerve to call them this afternoon, and they confirmed that they would probably keep the overpayment to pay off what I owe, although as it stands, that would still leave me owing about £3000. That is about the amount that I will be disputing, so hopefully I can get that cancelled out.

Hi. Long story short. I have outstanding debts with HMRC going back to 2005, mostly due to not filing my SA returns. Most of it is fines and assumptions of my earnings, even though I probably haven't earned more than £5-8000 a year since the first year. We've lived hand to mouth since then, and hidden from our responsibilities, and the debt is now over £9000. I accept that due to me burying my head in the sand, it is entirely my own fault. My question is this. I am about to take one of my private pensions as a lump sum (around £40k) and I need to know whether HMRC will help themselves to everything they say I owe, before I'm paid out. I realise that I will be taxed at the emergency rate, and that they may well keep the overpayment to clear my debt, but that wouldn't cover it all. Can they take any more to cover the balance owed? Thanks in advance for any advice.

A quick follow up to this incident. As suggested, I took several photos of the driveway, and the tank (no visible damage) and sent that all off to the Police, along with my statement. About 3 weeks later I received a letter advising me that no further action would be taken. In addition, there was never any claim against the company insurance. Thanks for all the advice.

I haven't requested any information yet, as I am still waiting to hear from the Police directly. I know the address, as the delivery is quite a regular one and I've delivered there at least half a dozen times, so I can take another look at it in the daylight to find out the company details.

Thanks. That sounds a sensible course of action. I haven't been able to find out if he's made any claim through the company insurance, but maybe it hasn't filtered down to my level yet.

I think they've asked for the driver information at this stage. The puzzling thing is that if he'd gone the insurance route, I'm sure I'd have heard about it by now, as we have all sorts of forms to complete. I can't see what he has to gain by going to the Police.

I work as a van driver, doing home deliveries. A couple of weeks ago I delivered to one of two attached cottages along a narrow, unlit, unmade road. After completing the delivery I had to turn the van around, as my only alternative was to reverse around 100 yds back to the main road (I should point out that it was dark at the time). I completed the turn outside the cottages, as that was the only point wide enough, and drove to the end of the road, where I stopped for a few moments to work out my next route. I was then approached by the owner of the second cottage who informed me that I had reversed into his oil tank. After apologising and confirming that I was unaware of any contact, I gave him the "bump card" that we carry, which has the contact details of the Company, and he also took a photo of the registration number. He said he couldn't tell in the dark, if there was any damage, but would check the following day. I heard no more, and assumed that all was okay, but today I was informed by my manager that they had received an NIP for driving without due care and attention. I would have thought that this was purely a matter for the insurance company, and am surprised the the police can prosecute on the strength of one person's allegation, without even speaking to me, or being present at the time to witness it. Any thoughts?