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metty1973

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Posts posted by metty1973

  1. Hello

     

    I took finance with Credit4cars in March 2015.

    The agreement I signed includes a total of £13526.38 ,

    in the agreement my right to terminate the agreement states to write to Credit4cars at the address in clause 1.1

    yet, that address no longer exists for the company now its in administration

    and we haven't received notification of an alternative address to write.

     

    I understand from the receivers CVR GLOBAL LTD that the company AVELO LTD is now taking payments for credit4cars

    however the direct of C4C has resigned from Avelo Ltd in March 2016

    and now the 1 remaining director is an accountant.

     

    As Avelo Ltd is not registered and regulated by FCA

    they have employed Shoosmiths solicitors LLP to collect payments for them.

     

     

    I cant get in touch with Shoosmiths just diverted to a/machine message

    and they are not responding to emails.

     

     

    Apparently because they hadn't anticipated the high number of queries etc when they got the loan book.

    Others are just saying they are a debt collection company.

     

    All our payments made since October 2015 when credit4cars were investigated

    and Fidor Bank pulled out financing - well no payments shown on our files since October.

     

    We were asked to set up a standing order to AVELO ltd

    and we understood this to be a change in name of company not that they were in receivership.

     

    The agreement its interests and rights etc have been assigned to this non regulated company Avelo Ltd

    according to shoosmiths llp

    however the same letter also states we are in 1 month arrears and we have never missed a payment.

     

    I dont know who to pay,

    when to pay if at all

    or keep the money aside.

     

     

    My agreement stated that I could VT and hand car back after 50% paid

    but the figures they have on the agreement do not equate to 50%. Its a few hundred out

     

    Really would like to cut my losses and walk away

    because i dont want to line the pockets of directors etc but im at a loss which way to go forward.

     

    The FCA have told me NOT to pay AVELO and pay Shoosmiths yet they havent put that in writing to me when I asked either.

     

    Section 2.6 of our agreement states we can repay the agreement sum early by writing to Credit4cars at Supreme House Essex SS13 1EB

     

     

    however, we have not received an address to write to for future now that Credit4cars is no longer

    using this address as the registered office and, we have not received any notification of an alternative address.

     

    I refer to section 11. It clearly states that we are required to pay Credit4cars as per page 2 of the agreement at the address shown on page 2 yet, the company no longer exists at that address and, we have not received notification to pay any other company or address other than the company on page 2. We have not signed any documentation the the contrary.

     

    Section 11.9 states you have the right to assign this agreement and its rights and obligations providing you notify us in writing and no change to terms and conditions -

     

    We have a tracker fitted to the car from finance company but FCA investigated them for the fact they shouldn't have been immobilizing vehicles and Fidor bank pulled their finance etc.

     

    What do you think I should do?

     

    Do I continue to send a cheque to shoosmiths in full

    or wait until they can furnish me with a schedule showing all payments made against my account?

     

    What if like others they send a new finance agreement to sign albeit a lower APR?

     

    What can shoosmiths do in terms of recovering the vehicle

    if I dont pay because they haven't given me the information

    I need to prove to me that my payments are reducing the balance.

     

    Can a non regulated company actually take over a finance agreement and instruct a debt collection agency to get the money?

     

    Any help is much appreciated

     

    Thanks

  2. Update

     

    I did the AOS,

     

    Npower agreed to investigate my complaint and

     

    put a hold on court proceedings,

     

    In short next thing I get is a solicitors letter to say investigation complete no change to full amount,

     

    I called them and told them I had not received a letter or acknowledgement or revised bill etc to say how the investigation went etc

     

    Three days later I get a new bill with the same amount but, they have added charges for tracing, costs, letters etc

    and gave me a credit for late notification which then, the bill came to exactly the same amount that was entered into court grrrrr,

     

    I called them said I would agree to pay and they said I had until 27th August but I need to acknowledge the claim online??

     

    I already had done that and said I was defending the claim.

     

    I am paying in Full on 25/08/14 because the charges for the supply I agree were correct for the time I was responsible for the property.

     

    If Im paying in full do I have to go online again to HMCS to do anyting else?

     

    or do I call the courts to tell them its paid in full?

     

    Advise anyone please.

     

     

    Thanks

     

     

    Metty

  3. XXXX XXX

     

    28/05/14

     

     

    Dear Sir,

     

    Re: NPOWER LTD v XXXXXXXXX Case No: AXXXXXX

     

     

     

    CPR 31.14 Request

     

    On 24/05/14 I received the Claim Form in this case issued by you out of the Northampton County Court

     

    I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

    On 19/05/14 Prior to the issue of proceedings I had received a letter dated 14/05/14 from Wilkin Chapman llp advising me that a claim form had been issued at the court relating to NPOWER LTD.

    The letter was addressed correctly to me at ADDRESS . This was the first time I was made aware of any amount due to NPOWER I had no Knowledge of what the debt was for or for what period and supply it relates to. The letter received 19/05/14 did not confirm any amount due or for what period or for which property or the amount it related to.

    I had already left an answer machine message in response to this letter on the answer machine of Wilkin Chapman llp with my full contact details including up to date telephone number for you to contact me to discuss the contents of your letter and received no response.

    On 21/05/14 I spoke to your representative following this who agreed to extend the date to reply to the Claim form at the court given that by 21/05/14 I had no knowledge of the claim that you had filed against me at the court. Your representative was quite rude when I explained this stating the claim was dated 16/05/14 at the courts.

    I tried to explain I had no objection to paying the original sum however, I disputed court costs or interest etc as, Your letter I received on 21/05/14 was the first I knew of this and, I couldn’t be sure that the bill was due to be paid by me. I had tenants living at ADDRESS from February 2012 to February 2014.

    I tried to discuss the account however, I was informed Wilkin Chapman had no knowledge of the account only the amount owed and to wait for the Court Claim form N1 under ref Claim REF.

    I did not know the amount or any associated costs or interest until the N1 claim form arrived at my address on 24/05/14.

    I informed your representative that this was the first time I was aware of any outstanding sum due and, explained I lived elsewhere up to and including 25/02/14. I asked if any letters had previously been issued requesting payment and she informed me a letter had been issued to me on 18/03/14 and an invoice dated 23/10/13.

    I can categorically state I did not receive any such letter and, I am keen to see a copy of such and which address this was posted. Additionally, I have not received the bill from NPOWER to which the amount of £111.75 related to. Again, I am keen to receive evidence from Npower where that bill was posted to.

    I have also enclosed a letter from Npower acknowledging they were aware I had moved home to Kingsvale Wallsend NE28 7JS and, if they notified me of the amount to pay I am keen to see for what period.

    Npower was aware of my NEW ADDRESS as they were

    supplying dual fuel energy to me at that address. Please find enclosed copy of the house move letter from Npower.

    I moved out OLD ADDRESS on 25/02/12 NPOWER supplied my dual at this address. This was a one year tenancy only. I moved to support my two children with special educational needs into an area that could accommodate their needs. The property was unsuitable and we were forced to move out. We moved to NEW ADDRESS on 25/02/13 once again, to the area with schools that could support my children’s special educational needs.

    Our mortgage company for OLD ADDRESS were not satisfied with the arrangements to let our property hence, moving back to the family home at the end of the tenancy at NEW ADDRESS on 26/02/14. We have made alternative arrangements for my children to enable us to keep the family home as we were threatened with repossession.

    When I moved back to OLD ADDRESS on 26/02/14 I re directed my mail from NEW ADDRESS on 26/02/14. I have enclosed evidence of the Tenancy Agreement for ADDRESS along with evidence of the re directed mail service with Royal Mail I paid for.

    I refer to the particulars of claim on N1CPC claim form:

    The claim is for 106.98 relating to unpaid charges of energy supplied by the claimant to the defendant, and set out on an Invoice dated 23/10/13. Full particulars of which have been delivered to the defendant. Full particulars have not been delivered to me.

     

    And the claimant claims any further arrears that may have accrued and become payable since the commencement of these proceedings. The first I am aware of any such proceedings is in your letter dated 14/05/14 received by me on 19/05/14

     

    And the claimant claims interestwAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAACH5BAEAAAIALAAAAAASAAoAAAg2AAUIHEiwoMGDCAUGWBiAIMOGDiMKgKhwIMSHGC9WbEjR4sSPIDM+rEiSZMeOExk6VJmwpcCAADs= on the sum due pursuant to s69 of the County Courts Act 1984 from the due date to the date of issue at 8.00% per annum being 4.77 and further interest on a daily basis until the date of judgment or sooner payment at a dailyl rate of 0.02p. The claimant claims (1) the sum of 106.98: (2) interest of 4.77 (3) continuing daily interest at 0.02p ". I do not consider the correct procedure has been followed in relation to this claim and dispute any additional interest to which this relates. I was unaware the sum was due or the amount until receipt of the N!CC – I requested this information and tried to offer to pay what was due when it could be proven that I was responsible for the debt. This was prior to receipt of N1CPC.

    I request you to produce to me a copy such invoice mentioned in the Claim Form and on which you rely. I requested the same in a telephone conversation with your representative prior to receipt of N1 claim form. That request was ignored.

     

    Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the invoice dated 23/10/14 mentioned in your Particulars of Claim along with copies of any other letters/requests for payment.

     

    l appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

     

    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

     

    Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

     

    In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

     

    If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

     

    If you are unable to comply with this request and believe that you will never be able to comply with this request please confirm this in your response.

     

     

    Yours faithfully

  4. Hello, I have done the MCOL acknowledgement bit.

     

    I have also completed the CPR request however, I think I may have put too much information in it at this stage.

     

    Can someone have a look at it for me please and tell me if its too long winded,

     

    im sort of giving them my defence now however,

     

    I may be providing them with time to enable them to change invoices address and letter address etc

     

    Can I send a copy by email to anyone to check please

     

    - tried to upload it to here but saying invalid file yet its just a word documenet

     

     

    Thanks

    Kerry

  5. Sorry andy for being so thick - am I clicking the start AOS or start defence button?

     

     

    Acknowledgment of Service

    Start AOS

    If you need 28 days (rather than 14) from the date of service to prepare your defence, or wish to contest the court's jurisdiction, complete the Acknowledgment of Service (AOS).

     

    Response Forms Start Defence

    If you dispute the whole claim or wish to make a claim (a counterclaim) against the claimant, complete the defence form

  6. Hi - advice needed please.

     

    When im in MCOL do I select acknowledgement of service or start defence.

     

    I acknowledge that there is probably a debt to pay on leaving the property but,

     

    I was not notified of this and,

    they were aware I had moved property,

    had new account with them at the new property a

    nd they sent the bill and further correspondence to the previous address.

     

    I don't agree that it should have got to this stage and

     

    want to make arrangement to pay the bill but not the costs and interest why should I?

     

    What am I supposed to do now anyone?

     

    Do I select the part admission tab?

    Thanks

  7. Thanks very much,

     

    I'm going to spend some time reading this and absorbing what you have advised.

     

    I have registered MCOL I have a gateway number.

     

    I did notify them of my change of address because I made a payment and they transferred the account to my new address.

     

    I gave them my meter readings too.

     

    I have photographic evidence of meter reading in the tenants pack when they moved in.

     

    I have since moved back to this property, I only rented it out for a year.

     

    I will have to get up in the loft to find that this weekend.

     

    I will send the CPR31.14 request, register acknowledgement on the MCOL site using the password in the important notes on the N1CPC

     

     

    Thanks very much I will get back to you - much appreciated.

  8. Hi Andy

     

     

    Thanks again, well I have just opened my post and I have a N1cpc claim form 04/14, N9cpc response pck N9A cpc form admission and defence form. I think this is real the envelope has come from Northampton NN1 2TX

     

     

    It reads

     

     

    Claimant NPOWER LTD

    address for documents : wilkin xxxxxx solicitors

    my address and name and in the particulars of claim bit

     

     

    The claim is for 106.98 relating to unpaid charges of energy supplied by the claimant to the defendant, and set out on an Invoice dated 23/10/13. I wasn't living at the property on 23/10/13. Full particulars of which have been delivered to the defendant. No they haven't because I can prove I lived elsewhere on this date. And the claimant claims claims any further arrears that may have accrued and become payable since the commencement of these proceedings. And the claimant claims interest on the sum due pursuant to s69 of the County Courts Act1984 from the due date to the date of issue at 8.00% per annum being 4.77 and further interest on a daily basis until the date of judgment or sooner payment at a dailyl rate of 0.02p. The claimant claims (1) the sum of 106.98: (2) interest of 4.77 (3) continuing daily interest at 0.02p

     

     

    On the other side it reads

     

     

    Amount claimed £111.75

    Court Fee 25.00

    solicitors costs 50.00 total amount 186.75

     

     

    I cant have a judgement against me because of my work however, I am prepared to pay what is due when they give me details of the account and, I can pay in instalments because I don't have that kind of money available to me.

    It says I have limited time to reply - it says it was issued on 16th May 2014. I received it today. The claim number is as the company said it was A9XXXXXX

    courts address 4th floor St Katherines House Northampton

     

    Please help that I take all the steps correctly.

     

    Thanks

    Metty

  9. Hi Andy

     

    Pleased I have got a reply here.

     

    No I haven't as yet,

     

    I rang this wilkin company today.

     

    They gave me tel number for courts and ref beginning with A9xxxxx.

     

    They went on hold for ages when I was on the line and came back with we have extended the deadline for 7 days - that's it.

     

    I wanted to see if there was a letter or anything I could send them to say I hadn't got their original letter.

     

    I have no demands for payment or even what account it relates to and for what period. Im frustrated.

     

    Can you help.

     

    It appears pointless talking to them, its like they have bought the debt or acting on behalf of NPOWER

    and have no knowledge how the bill relates to

     

    Thanks

    Metty

  10. Can anyone help please.

     

    I received a letter from a company that's has solicitors at the end of its title. the registered number OC343261.

     

    The letter arrived at my address on 19/05/14 letter dated 14/05/14.

     

    I called to enquire what it was about, left an answer machine message as no one available to take call etc.

     

    It states relating to Npower Ltd.

    I have no idea what this is about.

     

    I called them today - they say all they can give me is the account number,

     

    I have until 28/05/14 to return the court claim form.

    the letter states the court will serve the claim form upon me shortly,

    after arguing for an extension of deadline date given that the court form has not arrived, they agreed a further 7 days.

     

    I explained I have not received request for payment I have no knowledge of the debt or what its referring to.

     

    They said they sent a letter to me in March - this is untrue.

     

    They have now said the original debt of £80 is now £186 with costs and interest.

     

    The letter says do not contact our client, contact us if you have any queries - they cant answer my queries.

     

    I asked why have they still sent this to court when I called and left answer machine message,

    they said the apologised and cant explain why because all messages are picked up?

    I gave full reference numbers and contact information

    What can I do next?

     

    I am prepared to pay in instalments if they can explain to me what the debt is for.

     

    The problem is I moved out of my property for 2 years and rented it out.

     

    This debt might be relating to tenants etc or final bill before I moved out?? I returned to the property in February 2014.

     

    My job doesn't allow me to have CCJ,

     

    I need to avoid this - what can I do, please can anyone help

    Thanks

    Metty

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