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doggone it

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Everything posted by doggone it

  1. From elsewhere: Different enforcement address If after an initial attendance, the debtor is found to have moved to a different address, enforcement can take place at that address, provided a new notice of enforcement (NoE) is sent to the debtor there. If the creditor has reason to believe that the debtor may have moved, it may be worthwhile undertaking a trace before starting enforcement action, so that the NoE is sent to the correct address first time round.
  2. No it was for goods. My understanding is PAP does apply as I am a Sole Trader. "This Protocol does not apply to business-to-business debts unless the debtor is a sole trader." from Introduction 1.1
  3. Sorry didn't read that bit properly - Claimant is a company but won't name them specifically.
  4. Name of the Claimant ? Self Date of issue – 9 Feb 2018 What is the claim for – Money owed to XXXXX XXXXX for goods ordered & received. Despite numerous reminders for payment account still remains outstanding. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - though I wasn't very cooperative when they rang me chasing payment What is the value of the claim? - I have different figures on different sheets but claim form shows £624-89 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Sale of Goods to a Sole Trader When did you enter into the original agreement before or after 2007? probably not relevant but original was before 2007 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. OC Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? N/A Why did you cease payments? I rang to say I could not meet my January payment as trade had been so slow. Having suffered ill health for the last few months a visit to the Dr a few days later it was suggested I must stop working - asked when and was told Now - I have Congestive Heart Failure on top of other medical problems. Had to relinquish control of one business while the other is being run by staff. Originally when they rang they discussed all this with a member of staff and even persuaded him to part with £1k of his own money. Report pending with the ICO for Data Breach. It also appears their FCA status is questionable and am waiting for report on that. What was the date of your last payment? 21 December 2017 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, they are only interested in full payment. .
  5. And according to Claim Form service is not deemed served until 14 Feb.
  6. I am wondering if anyone knows what happens if your Creditor just totally ignores the Debt PAP. No trying to evade the debt or ignore it. All I had was Final Reminder on 9 February giving until 12 February to pay and this morning a claim form arrives in the post. No LBA or Letter of Claim.
  7. Leakie I think some FOI requests about this to your Council may be be in order.
  8. If having hassles with Councillors then I would start with their Code of Conduct & you can follow through this page - apologies if you already have it https://www.braintree.gov.uk/info/200135/complaints/87/complain_about_a_councillor
  9. You never mentioned your Council, it was directed at Braintree.
  10. Reading your Councils article about what happens if you don't pay it is very sketchy at best, maybe you shoild contact them or your Councillors to have a fuller article loaded - they state the application of costs is a 2 pronged stage, are you saying it is not.
  11. Looking at Section 7, Expenses and from what you say: Mortgage - 0 Rent - 0 Council Tax - 0 Gas - 0 Electricity - 0 Water Charges - 0 You have no accounts for any of the above which is why your expenditure is £0 in each category. TV Rental & Licence - you can make an entry here providing you are paying for your own licence or renting a TV in your own name HP Repayments - if you are making HP repayments then total them here Mail Order - if anything from the likes of catalogue companies goes here Housekeeping, food, school meals - total what you pay for board, food school meals here - use either a weekly or monthly figure Travelling expenses - bus fares, rail fares, taxi fares or other costs involved in travelling Childrens Clothing - what it costs to renew/replace any clothing for the children - make sure you put a figure in here even if only minimal Maintenance Payments - assume this will be £0 Others This a box where you can enter another 3 lots of expenses, if not enough room then an extra piece of paper will be needed. Phone & Internet You can list what you you other family members but unless there is paperwork to back it up it may not be taken into consideration. Section 9 Court Orders List any other Court Orders here Section 10 Credit Debts other credit debts - Credit/Store Cards/Loans etc Section 8 Priority Debts You can put debts you still owe for any of those listed if you are in arrears with any of them.
  12. Erm - no Court Order for payments as this has been an old Liability Order for Council Tax. Agree however the £20 a month should still have been paid in the meantime whether the Council agree or not as they cannot refuse.
  13. Seems to me the easiest way to sign this is to use the Fill & Sign function within Adobe which allows you 3 different ways of signing a document by typing your name, drawing it with the mouse or inputting a previously saved image. No need to print it or go elsewhere to have to do it - 5 minute job.
  14. If ringing the Council then make sure as a minimum you get the name & position of who you speak to. Better still ask to speak to someone in authority in the CT Dept rather than the drone who just answers the phone & who possibly hasn't a clue about what you are on about. I agree with the suggestion of getting your Councillor involved.
  15. If you took the time to read properly instead of criticising you would see the OP has been given every encouragement to engage with those who are looking for him He chooses not and that is a decision that has to be respected. As DB & BA have pointed out - on more than 1 occasion i believe - and the NOE was never returned unopened or as a gone away then it will be deemed to have been served correctly. PT took the opportunity to try and put things bluntly and if nobody likes it then tough. This thread has run to 70 posts or so and really it is no point going any further as the OP does not concur with what has been said.
  16. I wouldn't put too much store in believing the EA will come when he says he will. It's done to up the pressure and instead will come in his own time when you least expect it.
  17. Need more information. Trading Status - Sole Trader, Partnership, Ltd Co? Did you sublet & if so with or without the LL permission? If you didn't sublet then how does the difference arise?
  18. They should be able to answer that without an SAR - I would guess some form of Suspense Account pending allocation.
  19. TMA 2004 Section 79-1-b-ii makes reference to release of vehicle on payment of earlier penalties.
  20. Before going ahead on your own I would be asking Restons to all the donkey work especially if you tell them you will be asking for costs in getting it done yourself. No need to tell them you may qualify for exemption.
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