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  1. Hi, I'll try and explain this as best I can, last December (a week before Christmas to be exact) we had a visit from 2 high court enforcement officers (their ID was on a laminated card) they said they were from court enforcement services and were acting on behalf of NPOWER for an unpaid ccj that has been transferred up to the high court and they were here to take payment or sieze goods which I think they said was to the value of £2563 - odd, ( we said you can see we don't have goods to that value anyway and they agreed) at no point was any paperwork produced to break down any of the companies fee's or anything or any high court writ produced. Now as it was Christmas and my husband was a bit panicked that these people had turned up and put him on the spot he told the officer he'd pay £150 a month on a certain date (which is completely not do-able in our circumstances with 5 children and myself not working and he shouldn't of offered to pay that amount in the first place), with that the officer said ok i'll text you the agreement when I'm outside in my car and let you know the account details and remind you of date to pay etc and it was exactly that a written text saying reference number - Automated line (number) account number: sort code: total amount £2563 instalments on .... every month I was upstairs keeping the children away at this point and came down to find he'd offered to pay £150 every month, I asked if there was any paperwork or anything which there wasn't. he paid £150 for 2 months, we're currently paying off a fair few debts and it put us under so much strain we could barely pay the rent! we researched a few things online and got mixed messages about high court writs , this company in particular what powers they had exactly , my husband rang the company up explained what had happened and said we'd paid 2 months but we have no paperwork to see where the money's actually gone, no evidence of a high court writ, no paperwork to say if any fee's are to be added literally nothing but a bank account + sort code! they told my husband they would email it over, twice he made this phone call and twice told the same thing with NO EMAIL actually arriving. I decided we'd stop paying as we could be paying anyone without any paperwork. January was our last payment yesterday they decided to turn up again (I know with high court they don't let you know they are coming anyway) when we asked for some sort of paperwork to prove this writ existed one of them pulled up a picture on their phone and zoomed in on a stamp they say is from the high court and said this is your writ and there is the stamp. One officer in particular was really agitated when we kept questioning why we had no paperwork to prove where the payments were going, saying they don't need to provide paperwork we are just to pay it as it's an order from the high court , he told my husband to be quiet whilst HE spoke (now my husband is as polite as you get so wasn't being rude or anything) but we were promptly spoke over when we were explaining what we wanted to know. They said we are lucky they haven't charged us for this visit or the first one as they have come from London to the south west . Also mentioned was the fact if we didn't pay Npower could apply to make my husband bankrupt. whilst i've spent most of my night researching various options to stop these people coming back as i'm not paying without any paperwork with breakdown of fee's etc we'd really appreciate any advice or pointing in the right direction of what to do next and how to handle the situation. my husband is ringing the county court this afternoon to double check the status , do we also ring NPOWERS legal dept and see what they've got to say (again the officers said to ring them too) Thank you.
  2. Hello All A work colleague of mine sold a van a few years ago. He did not complete the DVLA paperwork as the dealer wanted to onward sell the vehicle which happened shortly afterwards. About a week later it was involved in an accident and the other party which was a business, after several years of sporadic mail issued and obtained a County Court Judgement for damages, this despite knowing that my colleague was not at the time the owner or keeper. He did not know about this having moved house several times but recently had the unpleasant experience of Bailiffs knocking. I helped him to apply for a Set aside which stopped the Bailiffs and the Hearing is in May. The set aside application included several bits of evidence (receipts etc) to the court which I presume would have been served to the other side. My question is this; the opposing solicitors have twice written asking what evidence we intend to produce in Court. Am I right in thinking that we only need to provide our statements and evidence to them seven clear days before the Hearing? If we fail to communicate to them before that are we contravening any protocols? I see no reason why we need to tell them anything and thus assist them to counter our application before the seven days specified by the normal court process. They are cut throats and got a judgement against someone who had not damaged their client's vehicle or been the owner/keeper at the time. I would welcome any comments from forum members. Many thanks.
  3. Hi all, first post. Just got a little question about CCJ defense response times. I filed my defence today (Sunday) online. Today is the last day I have for filing the defence. I should not of left it till the last day but I was waiting for a response from the claimant which only came the previous day. I had 33 days from the day of service in total to file my defence. My defence will not be processed by the court until tomorrow which will be the 34th day after the day or service. So my question is does the defence have to be processed by the court within the time you have to file a defence (in my case 33 days after DOS) or is it that as long as you have uploaded it before the time runs out you are safe? Thanks
  4. Name of the Claimant ? Hoist Date of issue – . 21 march Date to acknowledge- 8 april. date to file defence 21 april What is the claim for – 1.This claim is for the sum of £3*** in respect of monies owing under agreement with the account no **** pursuant to The consumer Credit Act 1974 (CCA) The dept was legally assigned by *** to the Claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA 3.The claimant claims 1. The sum of £3*** 2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00percent from the **/**/** to the date hereof *** days is the sum of £**** 3. Future interest accruing at the daily rate of £** 4.Costs What is the value of the claim?£3000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007?after 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. dept purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? dont think so Did you receive a Default Notice from the original creditor? can not remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure, some, but so much rubbish sent Why did you cease payments?loss of work, trouble in family with child. What was the date of your last payment?march 2013 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? yes but gave up as they expected to much and i just did not have any spare money! This is how far i have got, I've sent the CCA request on 12th april and CPR31.14 on the same date. I acknowledged the claim but said i would defend. i have still heard nothing. Are my dates correct, if i send in my defence on 21st april is that ok? I just need a bit of reassurance from somebody!? Please. Thank you
  5. Help please. I have received a CCJ claim pack from Rentons solicitors in regards to a apparant debt linked to a overdraft I have no knowledge of. I have answered the default questions below. Can someone please offer advice / assistance on what I should do now please. I have completed the Acknowledgment of service on the money claim website so the clock is ticking now. Please help Name of the Claimant ? - Restons / Arrow Global re: Lloyds bank overdraft Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Date of issue : 04/04/2017 What is the claim for – the reason they have issued the claim? - The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Lloyds TSB dated on or about Dec 30 1994 and assigned to the Claimant on Nov 20 2013 PARTICULARS a/c no xxxxxxxxxxxxx DATE 10/02/2017 ITEM - Default Balance VALUE - 4500 Post Refrl Cr - NIL TOTAL - 4500 What is the value of the claim? £4500 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Appears to be a overdraft for a account I have not used since 2011. When did you enter into the original agreement before or after 2007? Yes - appears to be Dec 30 1994 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. Appears to be debt purchaser - Arrow Global Limited. Were you aware the account had been assigned – did you receive a Notice of Assignment? No - I have not received any documentation in regards to the debt - didn't know it existed before receiving the CCJ claim pack as I was working out of the country since February 2011 Did you receive a Default Notice from the original creditor? No - Left the country in 2011 so have received no communication from Lloys of anyone in regards to this debt. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - As above - Nothing received. Why did you cease payments? - Left the country - left account open but was completely unaware of any outstanding overdraft. What was the date of your last payment? - Nothing paid into account or account even used since Feb 2011 Was there a dispute with the original creditor that remains unresolved? No dispute. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan - No communication at all ever had. What you need to do now. If you have not already done so – send a CCA request to the claimant for a copy of your agreement (except for Overdraft/ Mobile/Telephone accounts) - This appears to be for a overdraft - shall I still send CCA ? Thanks in advance for any advice guidance given.
  6. HI everyone my first post on this site as i am in a bit of a pickle around 2 years ago at my gym ( which also happens to be a hotel & restaurant ) company called "millennium door and event security randomly turned up and decided to start slapping tickets on everyones cars ( gym users , hotel stayers & restaurant eaters all included ) as you can imagine there was quite the uproar with many complaints going to the hotel manager about this whom seemingly was unaware what exactly was going on ,but someone within the hotel had agreed that millennium could start ticketing peoples cars under the pretence that they were " managing the car park " i imagine of course the hotel would receive a percentage of any " charges recovered " i avoided the whole thing for a while although i will admit things like this make my blood boil as this business model is created to inflict misery on innocent people and to generate pure profits for the robbers that own these companies i cannot believe that in 2017 companies like this are still allowed to get away with slapping tickets on peoples cars on land they have absolutely no affiliation with anyway around a year ago i damaged some ligaments in my leg , i still attended my gym as there was a good physiotherapist there and i liked to use the pool facility however for around 5-6 months i was unable to walk distances and therefore i would use the disabled spaces provided by the hotel this is where the problems began everytime i would return from using the facilitys i would find a "ticket" on my windscreen i must have collected around 20 of them in 6 months however as i pay a monthly fee for my gym i believed i was more than entitled to use the private disabled parking space provided by the hotel and simply ignored the nonsense tickets i can remember even querying this with the gym manager who said the rules do not apply to patrons and members ( the sign millennium door and event security had put up even mentions this ) i kept throwing the tickets away and thought nothing more of it , until i started receiving mountains of letters from "max recovery" and "goldstones solicitors" more con artists i ignored all these swell thinking it was all huffing and puffing trying to bully money out of me next thing i am being served county court papers from some business centre in Nottingham ( 200 miles from where i live ) first i received one claim stating i owe £400 - this was the first one and i actually went to court with expecting somebody to see sense and throw it in the bin gladstone rocked up with 3 solicitors and had carefully analysed every single defence point i had I'm not joking they must have spent more time on this than the OJ simpson trail myself and the magistrate had lost all interest by the end and the court awarded them the full amount minus a little bit of interest they were trying to claim i ended up paying these ba*stards £374 in full they were not prepared to negotiate a payment plan of any type then a few months later i receive one stating i owe another £350 - by this point i had enough and just threw it in the bin ( i know stupid ) the judgement defaulted and they yet again get the result they so desperately wanted along with a CCJ which has now been handed to DCBL aka don't pay we will take it away i also have another case with them waiting to go to court for another £400 - but i have been clever in dragging this one out for along as i possible can by switching addresses and saying i am out of the country for 5 months but i have no doubt that gladstone will be after this one like a dog after a bone too anyway its the defaulted one they have a cci for i am most concerned about at the moment because i live with my parents and where as if i was on my own i simply wouldnt even acknowledge they're existence and would potentially consider an acceptable level of force to remove them from my property ( yes i feel that strongly about it ) my mother is old and would get frightened easily if 2 burly debt collection attack dogs and a camera crew turned up at the door one day i am aware there is no where else to really turn now I have accepted i will have to pay the criminals £350 and be thankful for it however like most ordinary people who don't con others on a daily basis i don't actually have a spare £350 just laying around to pay them i am insolvent and live on very little i am going to ring DCBL tomorrow to see if i can pay £50 a month I'm already anticipating they will politely decline this and i notice there is no way to contact them via email ( meaning no paper trail of attempted negotiations for court ) so assuming this will probably end up in high court a few questions 1) could a £350 debt even incur a high court writ and if not does it just go back to county court what sanctions do they take 2) i am aware you can ask the court to set aside the judgement or set up a payment plan however they want £50 minimum to do either of these extremely difficult tasks and seeing as the debt is £350 I'm not sure its really worth it to add another 50 on 3) is it worth speaking to citizens advice or will they just give me barrel answers 4) the outstanding judgement thats waiting to go to court could anyone help me on here with a defence ? because obviously my last one didnt work very well sorry i know the post is long but this is literally so frustrating if i had actually incurred a debt with someone for a service or goods they had provided i would of paid up straight away however these "debts" have seemingly appeared out of thin air i still after all thisl fail to see the damage I've actually caused to warrant nearly £1000 pounds worth of parking charges all i did was park at my gym thanks to anyone that takes the time to respond
  7. Hi can anyone advise please? I have received a CCJ threat from BW Legal on behalf of Shop Direct they claim I owe them £1,025.34 (interest court fees included) I rang BW Legal made it very clear I'm not admitting to this debt and they need to prove I owe it Apparently they said the account was opened 2010 ordered 2011 and last payment August 2011. This is over 5.5 years ago. I was in financial crisis, which I have spent the last 5years paying off council tax and rent arrears to rebuild my life. I had a ccj of £5,000 which I only have £400 left to pay. Point is I'm not avoiding paying my debt I just can't remember this Any advise appreciated Momumission
  8. Hi, I understand the changes that came into effect in 2013 removed the automatic right to enforce a CCJ at a third-party premises and an application must instead be made to the court. I'm struggling to find any information on this, a search of the internet only reveals lots of pre-2013/out of date information. Is there a specific form that must be completed, and if so can someone point me in the right direction please? Thanks
  9. my friend was using an out of school club for her son. She booked in a date but then cancelled it using her work email, when her mother offered to help with the care instead. The session was for £15. She then moved both house and her job 2 months later. A whole year later she found that she had a CCJ on her credit rating for the £15. As she had moved home (with no mail redirection) and changed jobs, she did not receive any demands for payment etc. she paid the £100 or so to have it set aside based on that she never received any demand for payment. She went to court to have it set aside, and they upheld the decision based on the fact she couldn't find the email cancelling the service. It really shouldnt be illegal to damage someones credit rating like this for £15. Is there anything that she can do? She now wants to apply for a mortgage but this is probably going to affect her ability
  10. Hi I have just received a change to my credit file alert and when I checked it is a CCJ added by County Court business centre. I do not know who has issued it it just says the amount. It was served at an address I moved from 18 months ago. Can I get this set aside and find out who has issued this? thanks
  11. Hi I am in a bit of a mess and would like some help if possible. I have a very old loan of around £7000 which a ccj was gotten on some time ago. Due to other issues I had forgotten about it until recently. Unfortunately the solicitors are now looking to take enforcement action. I know I need to pay this off, but money has been tight. I realise I need to start paying something however I currently have mortgage arrears, water arrears and other current bills to pay. Additionally I have been signed off work for weeks now with stress. I could afford £10 a month for now, do you think this would work until I can get my health and other bills sorted. I don't want to ring them to discuss it so would be looking to write to them. any help appreciated with the amount or what to write.
  12. Long story short, lowell took me to court for an alledge debt of around £800 I sent the usual forms asking for proof of ownership of debt, statements of account, notice of transfer etc After a month or so they sent back a few screen shots and handful of documents, none of which showed the correct amount being claimed. The statement summary actually showed the amount owing as about £90 I challenged this by filling out an N244 form and asking for a strike out hearing since they had not provided the necessary documentation and asked for it to be dealt with without a hearing. The court set a date without consulting me, it was a date that i was out of the country 1000 miles away. I contacted the court to tell them I couldnt attend as I was away and wanted a new date for the hearing. The court clerks told me to send an email stating why I couldnt attend and a new date would be set. I sent over the email and I then left the country as planned. While I was away I had limited access to my emails, I did receive one that said I must send proof that I am away or the hearing would go ahead in my absence. Since I had no IT equipment with me or anywhere to find any and extremely limited internet access I was unable to do this. On my return I have found out that I now have a CCJ and the £800 debt is now £1000 1st question is, this was supposed to be a strike out hearing, not the full hearing to decide the case 2nd The claimant failed to prove ownership of the debt or the amount claimed, why did they win this case 3rd why was I told everything would be ok by the court if i emailed before leaving the county and then stab me in the back afterwards? I do not acknowledge this debt and the claimant still hasnt proven the amount owed so why has this happened? would like to appeal but dont know how to go about this
  13. My friend has a CCJ attached to her house. She would like to make an offer to clear this and would like to know what % to offer?
  14. Hi, thanks in advance, hopefully it's explained properly and I've not over complicated it. I received a genuine Claim Form from Moon Beever Solicitors regarding an unpaid energy bill which I disputed but have caved in to accepting that I owe. I was in some form of denial regarding the debt until the solicitors named above were instructed to pursue a CCJ. The form was issued on 21/FEB/2017. Upon receipt I immediately phoned the solicitor and offered £100 plus £50 every month thereafter until the balance of £1000 was cleared. I specifically stated on the call that I wanted to do this in order to stop the CCJ from going any further - the solicitor said his client (ISupplyEnergy) would accept this and not want to pursue the CCJ any longer I went on to pay the £100, put my offer to him in writing via email and then he replied with the bank details to set up the S/O. He also replied in the email saying that he 'acknowledges' that this is to prohibit the CCJ from being pursued further. I went onto the online portal and sent off an acknowledgement to buy me some time straight after out conversation. I have since attempted to go back online to the portal but it won't accept my claim number / password - what does this mean? Has he cancelled the claim against me? I am genuinely worried about getting the CCJ as I have been paying off my debts for the last 2 years in order to try and get a mortgage and this would be a major set back. Can anyone please advise? Thanks
  15. Hi everyone, Thank you for taking the time to view my post. I really hope someone can offer advice.. I'm going to be blunt, and please forgive me, but I've never spoken about this to anyone before. nearly 5 years ago my marriage broke down, I had to leave my family home, and close down my business. I moved away from the county I lived in as I didn't have any work any more, and my sister let me live in a flat above a pub she owned. I slipped into a deep depression that was lifted when I started to see a new lady. She left me, My sister helped me until she knew I would be OK. She then made me move into her home. I was seen by a GP and referred to mental health services. I was put on medication, and had a direct line to support workers. Around this time I applied for a credit card. I had nothing, and I guess (I honestly don't remember) I thought it would make me feel good about myself. (I had already pawned my wedding ring) I made a few payments, had to move in with mum n dad. I moved to my brothers, but I had to leave there, moved in with an old school friend - sofa surfing. Sadly I had to move out, and was living in my car - only for a few weeks, but it was bad enough. As you can guess after a while I had stopped paying the credit card. I'm not proud to say I often bury my head in the sand. it's now 4 years later, and I have a job - been working 6 months! I have a flat I rent now. Things started to look up. I am now on different medication for acute depression and anxiety, it's still there, but as i said things have been getting better. My ex wife and I are on friendly terms, and in July she is about to remortgage, which means I should get about £40,000 - which although having a bad credit score I was hoping would help me secure a mortgage to buy my own flat and save me a small fortune in rent. Until now. Today I got a letter from nottingham county court telling me I have a debt of £1550, plus costs with a company called restons solicitors - they are acting on behalf of Cabot who bought the debt from capital one. I called the solicitors, and said can I sort out some payment plan. They said the only thing I can do is pay it off in full with charges. They were not willing to enter any payment plan, and stop the action. I cannot raise the money unless I get a very high rate loan. And I can't risk that. I know lots will say it's only money - but I have just started to see sunshine, and now my only chance of ever owning my own place is fading fast. I'm rambling. Sorry - You have no idea how long this has taken to write - I have deleted pages. I am 49 years old, I know in 6 years noone would want to give me a mortgage. Oh - I'm sorry. When I told them i took the credit out during my worse mental health time the guy really seemed to sound concerned. He kept saying, but you're better now - seemed to be prompting me what to say. I was wondering if any of you can advise me? I'm not trying to get out of paying it at all. I want my life on track - with a future that looks happy. I can probably manage £50.00 per month, but it would be tight. What can i do to get this stopped, or held up so i don't get a CCJ? Is there anything? I really am so sorry to get my point across. thank you all for staying with this and reading to the end.
  16. I've recently decided to try and get my credit history back on track. I've requested my stat credit reports and notice that there is a CCJ on there from an old o2 account, which was obviously passed to Lowell and they have a default judgement against me. I didn't know anything about this and I wasn't even aware the mobile phone contract with o2 was a 'credit agreement'. I stopped being able to pay around March 2013, after my redundancy in 2012, when I just couldn't keep up the repayments. I let o2 know about this and offered to pay them a nominal amount but didn't hear anything back. The judgement was made in July 2014 and I moved address in July 2013 with 6 months address forwarding. The strange thing is I had a Barclaycard CCJ come in May 2014 but this one to the new address and I wrote to the court and have agreed a payment plan on it, so no idea why I didn't receive the o2/Lowell one. Interestingly the o2/Lowell CCJ is only recorded on my Equifax report, nowhere else. Is there anything I can do about this? Would I be able to get it set aside? Thanks for any help!
  17. Hello Someone was renting my flat and then left. He believes that I have withheld all his deposit (which I did not, only part of it was withheld for damages). He applied to the County Court to recover the monies but the mail was sent to the flat where I no longer live. Consequently I did not receive the letter from the Courts, or I would have challenged the claim. I have just received a Notice of Enforcement followed by a further letter stating that their Enforcement Officer attended my new flat but was unable to meet up with me to discuss payment. They state that as they were unable to recover the full amount, the enforcement of the Writ has escalated to Stage 2. Apparently this is over £3k. I do not even know how this amount has been arrived at as the rent was under £600 per month. What are the options now open to me? Any advice would be greatly appreciated. Cal
  18. I would welcome some advice on dealing with a Claimform I have received through the post, which was issued on 1 Feb 2017. I intend to defend the claim but need advice on what I need to send back in the first instance and going forward how to prepare the defence. The debt is with Co-operative Energy for Gas/Electricity supply and goes back to 2015. We set up an account in Dec 2014/Jan 2015 and initially had no problems. We set up the direct debit for payments and assumed everything was ok. However, in September 2015 we received correspondence claiming the account was in arrears due to non-payment to the tune of £949.00. I queried this directly with them as we had a direct debit in place and they should have been collecting payment automatically. I also queried why they elected to not contact me for nine months before demanding payment. They wanted to recover the whole amount and were unwilling to allow us to spread the debt over a number of coming months to ease the burden. They eventually agreed to send us further documents to initiate a new direct debit to clear the debt which was again put in place. We moved house in Jan 2016 but stayed with the same provider. Things went quiet and we didn't hear anything until we received correspondence from a debt collector (UK Search Ltd) around 3 August 2016 chasing payment. This was not even sent to us at the new address but sent to my sister-in-law who was listed as an alternative contact address by our previous landlord. The amount had inexplicably jumped to £1,412.49. I contacted UK Search Ltd to ask why the debt was higher and requested a breakdown of where this amount had come from. I also requested to be contacted direct rather than chasing me at my sister-in-law's address. This took some time for them to implement. They went away to get the amount clarified from Co-Op. After a couple of weeks, I received a very brief statement of the outstanding amount. I contacted UK Search Ltd and said it was insufficient as it did not clarify why there was an additional £500 on the debt or where it had come from. They simply said that was the information that Co-Op provided and I had to pay it. I refused to pay money beyond what I actually owed (£949). I then received another letter saying they would offer me to pay £775 to clear the debt if paid by 5 Oct. I tried to raise the funds as this seemed a good offer but was unable to raise the money in the three week period they specified. They have emailed a couple of times and leave phone messages for me to contact them every day to which I have not responded. On February 4 I received a Claim Form dated 1 Feb 2017. Please can you advise my next steps as I need to dispute the amount. The amount claimed has risen again to £1,530.13 and with court fees and legal representatives cost now stands at £1,715.13. I would be grateful for assistance as I intend to acknowledge service but want to defend it and require and help on my next steps please. Thank you in advance.
  19. Hi In short:- CCJ Granted. No contact for 9 years then I get a letter asking me to kindly call them to discuss payment. Does section 24 of the Limitations Act cover this? Does the creditior need Court permission to enforce? Would a Court be inclined to grant such an order? Thoughts much appreciated.
  20. I received a POC from Cohen /Lovell on an old orange account Submitted acknowledgement of service via MCOL,within the time frame ,i have now as i understand it to be , to also submit my defence before 28 days via MCOL 1:Whilst reading the posts i also have sent a CPR 31.14 request to the solicitors 2:Sent a Consumer Credit Act 1974 request to lovell included £1 3:Sent a SAR to Orange included £10 All above sent and awaiting responces Today received a letter from solicitors of claimant stating the following: NOTICE OF PENDING CCJ You are aware that we have issued legal proceedings against you in the Northampton court As you have failed to respond with proposals for payment or provide any valid explanation why the debt should not be paid ,we are now instructed to enter judgment against you I order to prevent judgment from being entered ,you should pay £xxx within the next 7 days Received letter on the 10th Feb and have till today as per date of letter if i take the 7 days counter Any advice would be helpful
  21. Name of the Claimant - Lowell Portfolio I LTD Date of issue – 08/02/2017 Date to acknowledge - 26/02/2017 Date to defence - by 4pm 10/03/2017 What is the claim for? 1) The Defendant entered into a consumer credit act 1974 regulated agreement with Provident personal Credit limited under account reference ********* ('the agreement'). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 29/08/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £1,***.** remains due and outstanding And the Claimant claims a)the said sum of £1,***.** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.404, but limited to one year, being £147.28 C) Costs What is the value of the claim? £1988.28(for a £900 loan) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Provident Doorstep loan When did you enter into the original agreement before or after 2007? After 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? Issued by Debt Purchaser Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? Unable to tell as she didn't keep letters sent to her, but probably. She recalls letters from Lowell last year but it could be from something else. She has also moved once since this was taken out. Did you receive a Default Notice from the original creditor? Unable to tell as she didn't keep letters sent to her, but probably. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unable to tell as she didn't keep letters sent to her, but probably. Why did you cease payments? Agent never turned up. What was the date of your last payment? She thinks one payment was made around September 2013 Was there a dispute with the original creditor that remains unresolved? Agent stopped turning up. This was a second loan with them at the time and the agent had turned up for the first one every fortnight for about 6 months. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, when no-one turned up she just ignored the problem. So, just defended an older one with these guys for her(literally about a week before this was issued) and now another one. At least she was not in floods of tears this time. I am assuming to go down the same route of Acknowledge service and send out a CPR and CCA?
  22. I am really encouraged after reading many posts on various debts. I had a Store card with Creation and I did have an arrangement to pay but they told me it was not enough and through Drydens got a CCJ. They told me that if I were to pay the full outstanding balance that they requested no court case. Somehow I managed to find the money nearly 2k and paid them. Yet somehow I got a CCJ. I did not go to the court or had a defence. That was in 2011 and it will be SB'd in May this year. I read it somewhere if I paid the full amount I should not have had the CCJ. Is this correct? My question is that if it is possible to remove this judgement because I was told that if I were to pay in full no court case? Any advice would be greatly appreciated.
  23. Hello I am new to the forum and am hoping for some advice on behalf of my brother. I am hoping for some guidance on the process for applying to the courts to have a CCJ made by default judgement '"set aside" This is a really long story going back 12 years!!! My brother was victim of a car buying [problem] which went on some years ago which resulted in him receiving a fake cheque for the sale of his car. He took this cheque (unaware it was 'rubber') to HSBC Bank who cashed the cheque credited the £10k into my brothers bank account. My brother withdrew the money and paid his debts off. Over a week later, HSBS contacted him to advise that the cheque had bounced and he now owed the bank £10K After much debate HSBC ended up calling this cash an overdraft and ultimately the debt went to debt collection. My brother ignored the debt, paid nothing against it and made no contact with the debt collection company. He cannot remember whether a default ever appeared on his credit file for this as it was 12 years ago, however, his last credit report with Experian before the CCJ appeared did not show any record of the debt. In July 2016 he updated his credit file with his new address and registered on the electoral role suddenly he began receiving letters from Robinson Way about the debt. Unfortunately he ignored the letters and eventually he was issued with a threat of legal action. He did contact the debt recovery company asking for proof of a credit agreement but this was never received. To get to the point, a CCJ has now been issued as he did not respond to the County Court notice. I am aware that there may be an option to dispute the CCJ by way of requesting it be 'set aside 'if he can prove he was not liable for the debt. I believe he may have a case due to: The original debt being 12 years old He did not make contact with the company within the last 6 years He did not receive the credit agreement he requested I am also not sure of the legality of the debt in the first place given that the debt only occurred due to the bank releasing funds on a fraudulent cheque and then asking for it back -I would have thought the security of cheques would have been the banks responsibility? I am now wondering of we can dispute this CCJ and if so where on earth do we start!? Any advise would be greatly appreciated
  24. Hi I see that Lowells feature frequently on here and would like some help with my response to the courts. I have received a CCJ claim form dated 27th January, it arrived yesterday, over an old ikea debt which is around £700. I had difficulty paying the instalments on time and then stopped altogether I know I am at fault and due to being a single mum on disability benefit with a mountain of debt at the time I just sort of buried my head in the sand. I understand that it leaves a bad record on my file but to be honest my credit record is probably screwed anyway since losing my job and so on... I was going to offer to pay something nominal like £2 a week since I am on benefits, or should I take alternative action/contest it, I had a text from Lowell today to say to get in touch but I don't understand why (and won't be calling them!) since they have already started the ball rolling with the courts in Northampton. Any advice would be much welcome, am useless at all this sort of thing and don't really know my rights, or ways forward. Thanks
  25. Hi All, Hoping for some advice. I have today received a county court letter issued on behalf of a claimant called ME III Limited in regards to a very old loan with Blackhorse Finance from 2006. If memory is correct this loan was paid off back in 2010/2011 (it had previously fallen into arrears). this was paid via an ex partners bank who now lives in Australia so I have no way of verifying this with her. I have had no contact with any company relating to this debt since this period, and if in the event it hadn't been cleared as advised, I believe this would be Statute Barred due to the time period. I have checked Noddle and Clear score and neither have any record of this debt. How am I best to respond to this without proof of payment? Should I respond to the claim online stating it had been cleared or at least should be statute barred or should I contact the claimant solicitors with this information and a statute barred letter template for good measure? Would be grateful for any advice.
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