I totally messed up here when I originally went online to the claim I started a defence as I did not know who they were. I did not realise this submitted I thought I'd just saved it for later. I never received anything from the claimants apart from a letter from solicitors last Friday that has a reference to shop check. Never had any previous info to connect it to shop check. However I did have the one account in 2012 and paid it on full (would never get home collection credit again, lesson learned there). On my credit file they have a totally different date that the account opened I only ever had one account. You are not allowed to open a further account especially when the original account was a new customer (1st account). So I haven't a clue still what on earth their pursuing me for. Thanks for the previous advice not much more I can do here but go to the hearing and see what it's all about ��

Yes, I have asked the agents in writing and face to face. I asked them to speak with the landlord over the incident but they declined to respond. Up until the court hearing they were denying any knowledge and said no one had access to the property. I have written numerous letters to the alledged (I am unsure now who was or is the landlord) landlord, never replied. I even went to the police but as there had been no forced entry they said it may be difficult to prove anyone had been there and said its possible a civil matter, this all happpened in 2013. Upon the judges deliberation in the rental and dispear hearing he mentioned my belongings (as I had brought the matter up) to the agent but he replied he would have to speak with the landlord direct to find out about the incident (huh liar, he was well aware that my stuff had probably been off). The judge did say I may have to face the facts that my belongings could be gone but without the claimants presence he could not ask the question. He also said for any items to be considered for recovery costs I would need to have a list with values etc should I bring the matter to court.

Yes I thought I needed a new one as not got much help for the first thread I now know from your first response that I should only post in one thread so I apologise for that �� and I do need some advice as I can't believe the whole situation im in with this. The actual landlord is not who he appears to be. He uses two other first names and another nationality to open companies at companies house. I been doing some homework the documents have different versions of his signatures on, it would appear all documents including his alledged witness statements and this deed are questionable as who is actually is he? The excuses to the court of being out of the country so unable to attend to answer questions is rubbish as he here but as the claim was in his name only why would he attend. It's can't be fair that this underhanded action (it's was an account ledger balance that was sold nothing more) can happen and I am supposed to just let them get away with it. Surely not! If after all is done I am left with a balance still to pay then it will be paid. No amount of money though will ever replace some of the items they took from the house, my childhood memories, things from my grandparents letters off them etc it still breaks my heart now. I also had a large memory chest which I had been adding too for my 3 children, their keepsakes all gone. Some things that are never replaceable even though there were valuable as they were also presious to me. Just an incling of hope is all I need to have a bit of faith in our justice system

Not at the minute (but I expect they will re- ppear again) I had to get a stay on the writ, this was when the new claimants were told they had no right to enforce the judgement and also had no right to be in court for the stay hearing as there had at the time nothing in court that stated they had interest etc. They blamed Marstons for ill advice (Marstons informed me they were told they were acting on behalf of the claimant) hence they applied to be substituted.

I have found this info on the justice site, would this mean all liability has been passed Procedure for adding and substituting parties 19.4 3) An application for an order under rule 19.2(4) (substitution of a new party where existing party’s interest or liability has passed) – (a) may be made without notice; and (b) must be supported by evidence. (4) Nobody may be added or substituted as a claimant unless – (a) he has given his consent in writing; and (b) that consent has been filed with the court.

I received by email in September 15 with a notice of assignment issued by the other party along with another typed document with the heading; “This assignment is made between” it states who is involved, that the debt was sold for 10.00 and then has a sub heading “This deed Is witness as follows” not a very well worded document either. Apparently this was completed in July 15. The address for the claimant is the same one I have used to send correspondence and payments to. I never get a response from the claimant I ask the new party how they managed to contact the claimant and they replied it was all done by email. They decline to pass the email address on. I have yet to receive confirmation from the claimant that this was legitimately done and have sent 2 letter asking him, but I know I won’t anyway as he was never actually involved in the matter from the start. The application to substitute the claimant was submitted 29 January 16. No twice by the same claimant however the first time it was set aside due to the court papers being issued at the address I had been evicted from (unlawfully). Naturally at the time i was unaware a default judgement was awarded against me and on that basis i could not dispute the claim on the deposit. I filed a counter claimed for the property disrepair (property was awful, hence I began to stop paying rent as I got nowhere with repair requests etc) The judge was satisfied that the landlord and agents ignored me from the starts and that i had constantly encountered issues he reduced the balance . I still have a claim from unlawful eviction to issue. The property was also entered and my property taken prior to eviction. At the time I had trouble proving this as the agents denied all. At the final hearing the agent admitted therefore I can now sort this out The agent informed the court: The claimants were the party who have been substituted in Jan he also went on to say they had purchased the debt (he quickly retracted this upon the judge querying his comment) He admitted the landlord had keys to the property (had previously denied this for 12 months) He admitted the landlord had taken possession of the property back without a court order. Yes I know the court order is what I follow to make payments, but I am now up against a company who have limited experience in what they are doing and don't understand that a name on a claim/court order does not allow them to change the terms written. Just like they would not listen when they were told they could not enforce a the judgement even if they had a deed of assignment it gave no legal right but did anyway twice and tried to blame Marston in court for ill advice when I had to get a stay. They won't acknowledge I've made payments, however a payment made to Marston in 2014 for 80.00 on them enforcing at the time they stated they were acting on behalf of the claimant and supposedly do not keep any payments, they are sent to their client. This payment was retained by them huh obviously as they were the claimants really! They have now reduced the balance with this payment.

Can anyone advise if the application to change the name of claimants after the case has finished and judgement awarded can be done without any acknowledgement to the defendant. Should the defendant be notified of the application and see the grounds on which the new claimants are applying. The original claimant (on paper for proceeding purposes only) was an individual and has never once replied to correspondence from me and never attended any hearings. The new substituted claimants are a company who were actually the original claimants but issued papers using another's details (this was admitted in court by the estate agent who was allowed to attend but only supposedly as a spectator but quickly retracted what was said). I did actually have and still have dispute with the original person who was used as the original claimant. The reason I need to know is; The substituted claimants have been lying from the start and used underhanded tactics to secure a judgement and have illegally enforced the judgement twice both of which where stayed. The last stay the judge informed the other party they had no right in enforcing the judgement that they are not party too. The original debt was not a debt as an insurance premium was in place. At the time I wasn't aware there was no debt as it was cleared through insurance. The new claimants purchased a ledger balance and pursued this through courts . The original claimant has yet to respond to a request to be notified if the debt has been sold for 10.00. I have an unlawful eviction case to issue (a long with the removal and disposing of my possessions) this can't be disputed as it was admitted again by the agent in court during the hearing over rent arrears. Who would I issue against as the new claimants are now legal owners taking all responsibility away from the first person. They were aware of my impending proceedings to issue, therefore in changing the claimants details to there own through the court they can continue to pursue me. However do they take full responsibility for the debt and the situation that it derived from, or not?? The judgement is relating to the rent, plus I have already been awarded a reduction in the rent for the disrepair. A lot of questions remain unanswered as the original claimant seems to have disappeared as won't engage or never attended court. I believe he has not and never has been involved in the proceedings. The new claimants won't acknowledge the fact that they only have legal ownership since 2/2/16 therefore previous payments sent should be took in to account and if they claim are owed that has been paid previously they should contact previous claimant. There was a question raised by me in court over 80.00 paid to Marston at the early stages. There was no record of this being passed to the claimant, however now the new claimants have stated in their letter they have taken in to account the payment sent to Marston. They have however claimed in previous letters when they claiming to be acting on behalf of the claimant that they can assure me any payments made are passed to their client!! Clearly as they were the real claimants they did indeed retain this payment made. This again is another point towards there underhanded actions and unlawful proceedings. The court order stated 5.00 per week but new claimants have written stating they will discuss a repayment option but a realistic offer must be made. Is there nothing I can do here to prove to the court the underhanded actions taken. Issue my proceedings to regain what's mine and be compensated for the wrong doing that took place?

I have sent the SAR Hopefully my new docs upload will work today and can be read shall upload them as soon as I get home.

Yes I'll try scanner and retake photo

BOS and fixed sum agreement Bill of Sale.pdf fixed sum.pdf

Contract contract.pdf

Sorry about the PDF I'm hopeless will try again

That's what I'm concerned about and especially as they have kept on refusing to discuss my account (alledged default charges). I'm not sure how I should reply to this ?? Any suggestions??

Finally managed to upload hopefully correctly !! Received an unprompted email from AM with an alarming reduced figure on as a goodwill offer? So if I pay a further 400 over the next month they will clear loan in full. Is that a practice anyone is familiar with? lbl docs.docx.pdf

ok

Docs attached

Bos uploaded

ok can you inform me where your upload guide is please as im having difficulty uploading

hi I ve decided to apply to the court for a time order N440 as I do not see an ending, Ive been paying 55.00 weekly yet i received an email today telling me the balance is now at 2048.00 (increased again) and as they wont give me a breakdown, it has never stated enough info on any default letters, (such as charges or interest occurred as a result, how many payments are in default) I am in shock as to how this is legally allowable. In my eyes ive repaid the loan the only explanation I can see is they must add default interest on top of the default interest already applied - is that allowed.? I presumed you should be notified of any additional fees incurred and be given the info how and where it became chargeable. would the court look at the loan, its terms etc once i apply for a time order.

Thank you will have a read will upload the docs from work tomorrow having a few problems getting a good copy

ive been paying them weekly payments, i did receive a default notice back in october but like every letter they have sent it made no sense what they stated as owing to rectify !! plus they printed the default dated 21/10/15 but never posted it until 3.30pm on 24/10/15 never gave any extra time to rectify still required by 5/11/15. arrears due 392.25 but the account balance was £ 1643.74 ??? Ive askex for a breakdown of the account, and to know how my payments are allocated , the BOS states unless the borrower informs the lender otherwise, payments less than due will be appropriated first to interest then principal and as I pay weekly it worries me , I think the principal hasnt been reduced but they refuse to send anything. They have never even informed me I had default interest applied. I thought I had a loan with 17 payments was never explained how they calculated the account. Feel ill all that money ive been very stupid and a well and truly burnt. CARS ONLY A KA WORTH 1600 Max. I have paid to date £3134.75 the last payment was supposed to on 9/11/15 the loan balance overall was £3369.75 (1000.00 plus interest 2344.75 plus £25 BOS) based on that I had £109.78 outstanding or I thought. I have been looking how they do calculate simple interest on a daily basis and trying to understand the agreement, but the figure they've charged is higher than I reach. eg principal 1000 interest 187.08% term 61 days 187.08/100 = 1.8708 61 days / 365 = 0.17 years I get £312.65 interest unless im doing it wrong they have £336.90 on a statement from the beginning if they're wrong then the whole account bal is. I also knew the 60 days grace prior to your 1st payment due is still charged simple interest. Regarding the BOS mine is only a copy they gave me. It was never witnessed as far as I can see - that part still blank. Does it have to have same payment and amount due as the fixed sum agreement and pre-contract credit state. The BOS states 16 payments of 196.76 and a final payment of 196.75. The agreement states 17 payments 16 of 196.75 plus a final payment of 221.75. My postcode is also incorrect. Any advice appreciated

Thanks to all for advice

Thanks will send them both tomorrow

Thanks for reply does the request go to Merligen Investments or I noticed there is a solicitors details hence the charge for LR on the claim £50 - They are Moriarity Law however this company very strange the office they state for correspondence is on the law society website under the heading of moriarity Law the whole organisaton consists of 2 people plus 1 solicitor and 1 Sra-approved manager it has 3 offices. The areas of expertise they cover is, Crime-Fraud Commercial Property Commercial Litigation Insolvency and restructuring - business Media entertainment and sport Nothing about private/debt recovery! The office stated on claim has no people based there according to the Law society. In fact only one of there offices has 2 people out of the 3 offices the rest must be virtual There is no James Devane in the orgaisational structure at Moriarity Law, However it seems he is a solicitor who is linked to a number of other businesses and most use a forwarding address system from one office along with thousands of other businesses registered at the same office. MR JAMES PATRICK ANTHONY DEVANE Information from appointment at AUTUMNUS LIMITED- 2,728 poeple also use W1G 9DQ in their address (this might be a mail forwarding service address) 2,253 companies are also registered at W1G 9DQ MR JAMES PATRICK ANTHONY DEVANE Information from appointment at MORIARTY LAW LIMITED 24 other people also use IG1 1QB in their address 14 other companies are also registered at IG1 1QB He also has 1 other business appointment B&H Worldwide with yet another shared address. List of companies owned by James Patrick Anthony Devane. Free company director check. James Patrick Anthony Devane holds currently these positions: Director (DIRECTOR), Director (SOLICITOR ADVOCATE) in companies PEACOCK DESIGN & BUILD LIMITED, MORIARTY LAW LIMITED. He/she has been a Director (DIRECTOR) of PEACOCK DESIGN & BUILD LIMITED for 9 years, Director (SOLICITOR ADVOCATE) of MORIARTY LAW LIMITED for 28 months. He was also a Directoe (solicitor) at one time for Fredrickson - Fredrickson was originally set up by Simon Jones (Director Merlingen lnvestments) then sold to Lowells. All seem linked at some point, James Devane seems to have resigned as Director from numerous companies. Can they operate in this manner? What exactly is a Solicitor Advocate? Do they have to be accredited somewhere or listed with any society? Until I receive the paperwork from them im rattling my brains to understand whats going on, I even find it hard to sleep. All I can think of if a solicitor is involved surely they must be confident of success, but by what reason, would they be successful of? As I dont yet know what the claim is really about and indeed who they claim the debt was originally for. One point in my favour I do not and have not opened any accounts on the date they state

thanks for advice, will send the letter on Monday Will update once or if I get a reply