It is privately owned and they arrived in the last week. Thanks.

Hi, I have a family living in a caravan on my land. What notice do I have to serve before applying to the County Court for a possession order. I understand it is a Trespass Notice. Many thanks.

Hi everyone, Havent had to post here for a while now, but this website proved invaluable to me when being persued by Lovell and Co. Here's my new dilemma! In process of selling my home and purchasing new one. Mortgage advisor called me in to inform me there is now a problem with my application. Had previously been approved last year when started looking for new property. I hadn't checked Experian for a while as I knew my credit rating was 974 and classed as excellent. I know how important credit files are, having had bad credit many many years ago, taking me years to even get a basic bank account. I have seen my credit rating increase over the years, and know what causes my rating to dip from time to time...new searches etc. Anyway, to my horror when I checked Experian yesterday, I now have a credit score of 308...very poor!!!! I could have cried. After the initial shock, I found the culprit.... Welsh Water Dwr Cymru. They have reported for the past 3 months a debt of £495 and marked as 'Delinquent'. I was going to ring them up first thing today, but then remembered your advice of doing all correspondence by post /email. I don't believe I am responsible wholly for this debt, as the current property I live in does not have mains water. However I bought another relatives property who had passed away in 2013 and did initially have all the utilities in my name there. Never moved in, just did the property up for letting. The property had been let for the past two years by the same person. They have recently vacated the property just before Christmas. I honestly can't remember if I informed Welsh Water of the new tenant and am wondering if my name is still linked to that property? How do you think I should handle this? I can prove where my current address is and have a copy of the tenancy agreement. If it comes to light that they are still billing me for this property and not in the tenants name, can I be still held responsible for the debt as the landlord? I still have the security deposit for the previous tenant, can this be used to settle any debt? I need to sort this out quickly for obvious reasons and have these defaults removed or I wont be moving!!!!!! Any advice would be greatly appreciated. Many thanks.

Many many thanks Andy, will get this filed on line and await! Cheers.

The reason I ask this as I am 99% sure I didn't have an agreed overdraft facility, just a basic account. Do I need to reword the defence to say I didn't actually have this facility?

Hi guys Just another quick question please. I have drafted my defence as below, but have just come across another defence with different wording. Should I also include these paragraphs too? Need to file by tomorrow 17th May. Many thanks. My Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.Paragraph 1 is noted. I have had financial dealings with HBOS in the past.The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account. 3. I refute the claimants claim is owed or payable. The amount claimed consists entirely of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. 4.Paragraph 2 is denied.I am unaware of any legal assignment or Notice of Assignment. The claimant has not complied with Section III & IV and annex B of the PD Pre Action Conduct as stated above they have never made any contact or request prior to the issuing of this claim. 5. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 28 April 2014 for a copy of the overdraft facility agreement,Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimants solicitors on 30/04/2014. The claimant has yet to comply. 6. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show Notice served under Sections 76(1) and 98(1) of the CCA1974 (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8.On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. 9.Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974. 10.The claimant is denied section 69 interest as they have already charged interest on the facility. 11.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Additional wording?? The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account. 3. I refute the claimants claim is owed or payable. The amount claimed consists entirely of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. 4.The claimant is denied section 69 interest as its already charged interest on the facility.

Hi, Received letter in post today from Bryan Carter regarding disclosure under Part31 of Civil Procedures Rules. Assume this is the usual reply...... 'Issued by Northampton County Court, protocol was followed meaning no need to attach documents to claim, being allocated to Small Claims Track and Civil Procedure Rules will not apply. 'In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you'. Does this mean Lovell or Frederickson had sent notices of default and assignment to me. Or are they referring to the original creditor? Also states 'original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the Agreement, so refer to your own records. Not agreeable to extension for filing defence. Do I still continue with standard defence for non disclosure. Thanks.

You state in the Stickie that I should send an SAR request to original debtor and a s78 request to Lowell. Will by doing this means I have now made contact and that stops the clock if close to the 6yr deadline?

Forgot to add, is it worth me contacting original debtor HBOS to find out when account defaulted so I know whether it is Statue Barred. Thanks.

Hi Guys, I am in a similar position with Lowells again (Another thread on the go where Bryan Carter has already taken me to court). I need to know whether to wait and defend the impending claim form, or possibly a Stat Demand, or to do as one of the stickie advises - Contact Lowell immediately and request all relevant paperwork. I am sure this HBOS debt relates to a credit card, last used 07 I think. (The card expired 07). The latest letter from them confirms I am a homeowner and it states that there are more options available to them to recover the debt. Either by obtaining a CCJ and then applying for enforcement against my home home or alternatively applying for my bankruptcy. Appreciate your advice. Thanks.

Hi everyone, Just a quick update. Still haven't received anything from BC regarding my CPR request and the prove it letter. Am considering what defence to put together. Believe I have until 17th May to file it. Am still awaiting my statutory report from Equifax to confirm when the defaults were registered. Is it worth me ringing the bank in question who have subsequently sold the debt on to try and find out when I defaulted on the account. Would they record the call? Would this jeopardise my defence with BC. If I should call what is the best way to word the conversation without admitting the debt?? Many thanks in advance.

Hi, Just a quick update. Checked my credit file yesterday and the 4year old CCJ has now disappeared, just days after rearing its ugly head. My question is should I still be making an application to set it aside, or do nothing and hope it never comes back. Thanks in advance for any replies.

The CCJ was for approx. £500. The court centre said the original debt was for around £300 but costs have been added to it. The claimant had it enforced through the local county court and records state that the debtor has gone away and no longer living at those premises. I didn't think of asking for a copy of the summons!

Thanks for the quick reply CB. Yes am familiar with the local company's name, and I know I have used them in the past. What I can't understand is that you normally have to pay for items before they leave the premises, so can't fathom out how on earth I could possibly owe them money?

Hi, Would appreciate any advice please. Recently signed up to Experian again. Tend to join a couple of times a year to check my credit file. Never had any problems with CCJ's. Down loaded my credit report last week and everything was as expected. Now checked this morning and a CCJ has suddenly appeared from 2010?????? How can this be? Why now? Where has it been for the last 4 years? Have rung up Northampton Bulk Centre and they have given me the name of a local company which simply states goods provided. Can honestly say was not aware of any debts to any local company? Goods provided surely would have had to been paid beforehand!! Not sure whether to contact this company first or do the application for setting aside the judgement. Should I write to company with a prove it letter requesting for more details?? How successful are applications to Set Aside Judgement. My defence would be I was not living at the address at the time and therefore never received the original summons or had a chance to defend it or the option to settle the debt before any further action was taken. It states on the website Trustonline that the court may have expected you to inform any creditors of your change of address? What if I still owned the property but was rented out to tenants, my mail was being held at the local sorting office, yet I still didn't receive the summons? Would this qualify for a defence? Any advice would be greatly received. Many thanks.