Showing results for tags 'action'.
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Usual suspects Howard Cohen/Robinson Way I have received a letter sub titled as above. Is this the same as Letter before action. The 10 days, are they working days or 10 straight days? Do I send a CPR now, or do I wait until actual court action has started? This is to do with a bank overdraft some time ago. so as I understand that a CCA is not correct. Do I send a SAR letter instead. I believe this is statute barred, but at this stage I do not want to send that letter (there's a good reason for that). Please could someone just confirm the above points, anything else I should be aware of and any complications that overdrafts produce. I do need to act on this fairly quickly, as I don't want to sit on it and waste any preparation time I may need. Thanks
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I posted here a while ago with my npower problems...just two post, one had too much info and the other not enough lol. Anyway... The ombudsman came up with a final solution I did not agree with...so I declined it. There is no appeal process. Last week I was told on the phone my account was one of the lucky 1000 but this week it is not. I Have so Today I have: installed a phonecall recording app on my tablet. Sent of my £10 cheque and letter requesting data Sent off a letter (from Which?) giving notice of taking them to court. MY QUESTIONS are this... I have a (disputed) outstanding balance 'owed' to Npower. When I take them to court should i pay installments to prevent bailiffs turning up? There is a thing online for going to court to claim money back...I do not want money (I think I still owe Npower money and want to pay it but not the ammount they think) do I claim that way for the difference or is there another court? thank you. Anita.
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I have been putting a lot of creditors off for over a year now but the defaults are really starting to hurt. I want to take on Barclays first as they sent a copy of a T&C booklet as their s78 response (as I know they do quite a lot). I also asked them under pre-litigation discovery and data protection laws to provide me with a full and exact copy of a signed agreement and they haven't bothered. I want to issue against them and had a quick look around the site to see if there are any template POCs I could use as I seen a good one around somewhere but cannot find it now. I need help with the particulars of claim. Thanks. -
Hi on April 2015 i went to lewis's edmonton to buy bed eventually i liked one of the display model and it was half price i have decided to buy it by finance and paid some deposit onfront, i went through all the process and apply finance with lewis's with their partner finance company called ikano .After all my direct debit payment hasnt taken then two weeks aga someone called me from lewis's and told me that when they do finance, person who done the finance didnt click the e signutare therefore finance company didnt complete finance agreement dispate i did get copy of agreement which was including e signutare on it. They called me to store to get my signutare. I went today to store and i have been told that i had to go all the way again and apply for new finance. I told them i dont want to do it because when i have applied on april my application was gone through and i got my all papers lady admit their mistake and want me to do it again which i refused to do. Because when i did apply finance it was effected my credit score which was decreased by 30 points and i told them i dont want do it. I owned them total 350 pound and offered them 250 pound to settle but lady refused and told me to pay 300 pound cash which i refused because i prepered myself to pay it in 12 months and after all its not my faults. Then staff told me they going to come and collect the bed and if i dont give bed back told me that they going to take legal action. I would like to find out what should i do in this case? I have bought bed and got my finance approved but after all they come to me finance didnt complete then asked me to do again which i tought another credit application will affect my credit score again therefore i didint do it. I dont know what to do now, do i have any rights to go against them?
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Opus Energy Letter Before Action
PaulineGevaux posted a topic in Utilities - Gas, Electricity, Water
Hi Guys I use to run a pub (left over a year ago) under Ltd Company. I wrote to creditors and told them that I ceased trading and closed down at Companies house. There were no objections from any of the creditors. I now have a letter addressed to my home saying they are going to send someone round and take legal action for the debt on the Ltd company. The house is not in my name and I have no assets. Any help would be appreciated. Pauline -
Hi, Looking for some advice on with the companies above. my partner has received a small claims summons from the Sheriff Court in Scotland requested by Shoosmiths on behalf of Arrow Global (original creditor was Capital One). In the almost 6 years I've been with her, I've never known about this debt until last October when she received a letter from Shoosmiths. I responded to them asking them what this was about (I never admitted to the debt in the e-mail I sent). My thinking is that it's statute barred as the 5 years have passed. My question is, how do I go about finding the information I need to prove this and who do I contact to get it? Any help is much appreciated.
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I received a claim form for an old Lloyds overdraft yesterday. I was hoping that someone would be able to advise me on how to proceed. I will try and give as much information as possible using the template Lowell Portfolio I Ltd 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 23/06/2015 + 19 days ( 5 day for service + 14 days to acknowledge) = 12/07/2015 + 14 days to submit defence = (33 days in total) - 26/07/2015 ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total What is the claim for – the reason they have issued the claim? The claiments claim is for the sum of £1200, being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds and assigned to to the claimant on 03/07/2013, notice of which has been given to the defendant. The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with And the claimant claims £1200. The claimant also claims statutory interest pursuant to s.69 of the county court act 1984 at a rate of 8% per annum from the date of assignmentof the agreement to date but limited to a maximum of one year and a maximum of £1000 amounting to £94 What is the value of the claim? £1400 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Before 2007, The account I had had since 1996. The last overdraft agreement I had was in 2005 I think 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No idea, I've never received any recorded delivery letters from them Did you receive a Default Notice from the original creditor? No idea Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No idea Why did you cease payments? I was heavily in debt and sharing a house. Everyone else moved out and i became liable for the whole rent and council tax at the time, it took up most of my wages. i would have become homeless if I hadn't stopped paying What was the date of your last payment? I haven't used the account since 2007 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, I have had no contact since 2007, btw this was a joint account. I would be very grateful if anyone knows the best way to proceed. -
Hello, I hope someone can help. My wife bought a second-hand laptop from a local, independent gadget store. Two months after she purchased it, it died. She had been told (in person) at the time of buying the laptop that they were all inspected before being resold and could be returned to the store if they stopped functioning within 12 months. But when trying to return the laptop, the same man who sold it to her claimed he didn't say such thing and is refusing to help. Obviously we should have got something on writing, etc; but that's not what I'm seeking advice on. Having also been present when the sale was made and also witnessing his verbal 'term', I was so insulted that he would then deny it to our faces at a later date. I decided to call up as a potential customer and enquire about a laptop, asking whether there was any sort of warranty period. I recorded the conversation, and low and behold he once again confirmed that laptops could be returned within 12 months. We made a formal complaint and his response was that no such term exists or has ever been made. I then offered him the recording to prove otherwise. Well as you can imagine, being framed like that didn't go down well and he informed me that he will be reporting me to the police. Even though I researched the legality beforehand and referred him to Ofcom's website stating that calls can be recorded without knowledge or consent so long as it isn't shared to third parties, he insisted I'd broken the law and he would be prosecuting me. So I have two questions really; 1) Have I broken the law? I haven't shared the recording with anyone apart from him. 2) The fact that I have proof he does induce customers with misleading information - this in itself being illegal - surely there is someone I can share this with? The way I look at it, programmes like Watchdog obtain secretly filmed footage of these sorts of things and they're allowed to be televised without the consent of the offending party; surely my circumstance too is in the public interest and can be reported to a relevant body? Thanks for any advice -
The car park for the Maternity Section at the Southern General Hospital in Glasgow was full on the 20th April this year when my daughter went to give birth. Part of the car park was closed for maintenance work and the workmen pointed us to an area where other cars were parked on a side road within the hospital. When we returned there was a notice on my windscreen from CPPlus notifying me of a £40 Unauthorized Parking Notice reduced to £20 for immediate payment stating I was not parked in a designated parking space. All the cars parked in this area also had similar notices. Another driver who was there advised me not to pay and to ignore any follow up. I then received a letter dated 4th June 2015 from PCS Parking Collection Services advising that they had obtained my details as the registered keeper/owner of the vehicle and stating that full payment must be made within 28 days to avoid further action. As originally advised on the 20th April in the car park I continued to ignore this letter. I have now however received a follow up letter dated 3rd July 2015 from DRP Debt Recovery Plus Ltd demanding payment for the unpaid parking charge of £40 for their client otherwise they will recommend their client that court action should be taken. I'd appreciate any advice on what action I should now take. Thanks -
Can anyone tell me what the law is on planning application time limits are? Do the council have to place a notice on the building that is the subject of the planning application and if so do they have to allow a certain amount of time between posting the notice and actually making a planning decision? Thanks in advance.
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Hi, can a case that has been heard in the county court also be the subject of a police investigation and prosecution? I.e. if someone owed money and the money was gained illegally, and the case was dealt with in the county court and was being re-paid, could the creditor then decide to take action with the police and prosecute? thanks
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If you had administrative action taken against you as a result of a police caution it may be that you have grounds for a complaint. If you have now left the armed forces and had administrative action taken against you as a result of a police caution between December 2008 and September 2011, it may be that you have grounds for a complaint. The MOD has written to serving and former serving personnel because of changes to the law which took effect in December 2008 that meant such cautions should not have been taken into account after that date. However, whilst action has been taken to contact those affected directly, it is apparent that we have not managed to reach some people and they will be unaware of efforts to contact them about this issue. READ MORE HERE: https://www.gov.uk/government/news/information-for-those-who-left-the-armed-forces-between-december-2008-and-september-2011 -
Hi everyone My dad worked in Holland for a few years but through ill health came back to England and died on the 4th October 2014, but last month (may2015) I received a letter from the Dutch pension body saying they were sorry for our loss but they overpaid my dad for the month of October by 195 euros and they wanted it back. (I didn't even know he was getting a Dutch pension) I phoned them up to explain he lived in a council flat and only had around 2000 pounds to his name which paid for the funeral and that there was nothing left , I even offered to send them bank acc details and the bill for the funeral to prove it had all gone but they replied quiet angrily saying they weren't bothered if there was nothing left, in Holland the debt goes to the children to which I said I've never had that money plus I live in England and they turned round and said if you don't pay we'll send the bailiffs round and take your stuff to cover that amount yet back in England he owed some council arrears and I explained the same thing to them and they wrote off the arrears. my questions are ? 1 Do I have to pay them or even should I pay them. 2 can they send the bailiffs round to take my stuff . I just cant understand how Dutch law can over rule English law and make me pay. I'm grateful for all and any help cause I just don't know where to turn -
Dear all. I'm hoping someone can help me with this one. We've had a history with this business for many years. They seem to magically make new accounts appear from nowhere and up to now we have several. Anyway, this latest letter announcing a new unpaid account of more than £1000 has got me very angered. It's basically a letter threatening us to pay up or go to prison for up to 90 days. Here's a taster of the letter's contents: "As you have failed to make payment arrangements on this account with us, the next stage in the recovery procedure is to formally report this to the Local Authority, recommending that they make application to the Magistrates Court (their emphasis) for a hearing to consider your committal to prison. The Magistrates Court costs associated with this application will be £305.00 payable by you." Whether or not I do owe the money on the account is not for dispute at this time. However, my question is: can a bailiff company legally use tactics or language like this to encourage you to pay them money? I was unaware that debt collection companies were authorised to recommend non-payment for prison custody. I hope somebody clued up with this type of legal stuff could advise me as to the legality of this letter and what I can do in response. I can provide the full letter in full if required and requested. Many thanks and regards. -
Hi, I've been in dispute with the Nationwide for the last 12 months, regarding unfair charges and incorrect data on my credit files. We have not been able to come to an agreement so I am considering starting court action in the next few weeks. First I will list a history of the account: Sorry it's so long, but it does cover everything. I've only got around to making a SAR request in the last few days, so I can't submit a claim until I receive the paperwork as I want to double check exactly what letters they sent me. But even before I receive the SAR paperwork, I want to prepare my claim and make sure that I submit everything 100% correct. The laws which I think they've breached include: Unlawful termination Unlawful default Breach of contract Unfair treatment Unfair terms Data protection act (passing on letter to MKDP) Data protection act (Incorrect data on credit file) As a starting point, exactly which laws should I read into more and are there similar cases that it's worth looking into? Also I would really like to claim defamation because that's what they're doing, but I've read elsewhere that defamation cases are highly risky and expensive, so I guess I'll leave that. One problem is claiming damages. I've read elsewhere that you have to show a breach of contract and law and the hardest part is that you have to show quantifiable damage. How do I quantify the damage to my business and credit rating? When I submit a claim, do I have to state a maximum that I am claiming, because if this is a high value, then isn't the court fee really expensive? Can I claim damages for the stress and hassle that this has caused?
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hi i was wondering if anyone can help/advice me i have secured loan that is now with idem of which i was in a payment arrangement of £150 a month as my partner lost his job they accepted this then went ahead served with court repossession papers i had only just spoken to them they forgot to mention that court action had already started, i have told them that i can go back onto full repayment soon as my partner gets work i have been in payment arrangements with them for approx 2 years the shortfall in payment to them now is my partners car insurance payments as there is just no jobs locally im at my wits end with them any advice would be appreciated
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I just received court papers from these guys, but the debt is over 8 years old, how do I put in the defence that it is Statute Barred, and can I ask them to provide evidence.. Its from an old joint bank account with Nationwide, my wife passed away just 2 months ago and I receive court papers in just my name. We also had single accounts with Nationwide, and I suspect it was me closing my wifes one which sparked this action. For the record the debt on the joint account is 100% bank charges, which we refused to pay the first one, so each month they hit us with another one and so on... -
Hi All, Long time lurker but I now have a question about a threat of legal action I have received today. I got into a lot of financial trouble a few years ago and had a lot of debts that went to various collection agencies. I started replayment plans with them and have satisfied some of them a couple of years ago, a bit more trouble came my way and I fell behind with repayments again. Since then, I'm afraid that I have played the ostrich and ignored all letters, phone calls and notices of assignment that have come my way. It has now been a very long time since I spoke to any DCA and most of them seem to have given up. The default dates for all of the outstanding debts are now more than six years ago apart from one that has a default date of 31/07/09 recorded on my credit file. Today I received a letter from Judge and Priestley solicitors acting on behalf of PRA Group (UK). They say they "Have been instructed to recover the sum of £6,554.83 from me in respect of a debt which has become overdue." and "Our client has requested that unless the debt is settled within 7 days of the date of this letter (25th June 2015), then we are to commence proceedings against you without further notice." They have also said that I can contact them to discuss possible payment options. From the letter, it appears that this debt is one due to MBNA originally but I struggle to recall this one although it is possible that it may be one that I had entered into a repayment plan with Apex previously but haven't paid anything since Nov 2014. This debt has a default date of 11/06/2009 for an amount of £7,938 and has a balance outstanding of £6,368. I really need to avoid a CCJ so I am thinking that I need to avoid any legal proceedings so I would appreciate any advice as to how to proceed. Should I gain some time by sending in a request for proof of debt or just contact them and try to arrange repayment terms? Many thanks in advance. PHO
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Action Fraud has seen an increase in the number of small to medium sized businesses being contacted by fake bailiffs requesting payments for a phantom debt. The [problem] involves the business being cold called from someone purporting they are bailiffs working on behalf of a court, attempting to recover funds for a non-existent debt. The caller will then request payment by means of bank transfer and if this is refused, will threaten to visit the premises to recover the debt that is owed. A range of different businesses are being targeted; including Nurseries, Manufacturers, Hotels and Taxi Services. http://www.granthammatters.co.uk/action-fraud-warns-of-fake-bailiffs-phantom-debts/ -
Hi, I'm hoping for some advice re. an ordinary cause action I'm defending in Scotland . The Pursuer is Arrow Global with Shoosmiths acting as their solicitors - pursuing an alleged debt of £7,239 which they claim was assigned to them by HBOS. The last day for submitting any adjustments to either the writ or defences is 1st April (i.e tomorrow!!). I had previously requested a lot of relevant documentation regarding this case, but heard nothing until today when Shoosmiths telephoned me, saying they now had the documentation I had requested and asking if they could send it to me by e-mail, adding that they would send the hard copies to follow by post. What they have actually e-mailed is a greatly adjusted writ, which has clearly been re-written in response to my original defences, along with a copy of a personal loan agreement I had signed 15 years ago for an advance of £2000 with approx £500 in personal protection. The documents they have sent me have clearly been submitted to the court today as well, which will keep them within the time limit for submitting adjustments, but I did not receive the e-mail until late afternoon, so I was already too late to respond by the time I received it. I can't believe I was stupid enough to give them my e-mail address, and I can't believe they can get away with pulling a prank like this. Surely there must be something I can do to be able to respond to their significantly re-worded writ. I would be grateful for any advice that anyone can offer. -
Hi, Little bit of info required as to hich way to proceed I received a letter before action - without predjudice save as to costs , yesterday, dated 27th may which i had 7 days to reply which has passed anyway the letter was from lyons davidson solicitors it says they are acting for LV in relation to the recovery of their claim incurred as a result of the above incident for which they hold me fully responsible says IMPORTANT NOTICE - under the terms of section 152 of road traffic act 1988 we hereby give you notice of our intention to commence court proceedings unless settleent is received within next 7 days they are trying to claim just under £1800 they go on to say just send a cheque for the full amount within next 7 days made payable to LV within 7 days of date of this letter, Please note the sum claimed is without prejudice to any further claim LV'S insurance may have against me The only thing i can think thhis is about is an incident which happened a few month ago - I contacted my insurance and heard nothing else - I had pulled up in my car and was about to get out, when i caught sight of a car coming round a blind bend I tried to pull my door shut again but the wind caught it and blew it open - the car didnt have time to stop (my opinion was going to fast) so swerved around me and side swiped the on coming car - no 1 was hurt and all give details - i spoke to my insurance and explained what had happened and and they agreed it wasn't my fault and heard nothing more about it until this letter arrived on my door mat yesterday any advice would be appreciated thanks -
What if anything do I do next?? I have recently found out that Cabot have bought another of my old debts from Yorkshire bank, the difficulty is that Yorkshire bank took me to court in February 2011. after I gave them the request for my original signed documents they then wrote to me stating the debt was unenforceable. Should I tell Cabot about this or wait for another claim form? -
Hi all, Can anyone help or has anyone been in this situation? On the 10th April I was in Redruth, Cornwall and needed to travel to Bristol. On arriving at Redruth I found that the ticket office was closed (it was around 5:30pm) and found that there was not a ticket machine at that station. I did not believe this was a problem, as I knew that I should be able to purchase a ticket from the guard, and so I boarded the 18:11 service to Bristol Temple Meads. When the guard came into my carriage, I promptly asked for a ticket from Redruth to Bristol Temple Meads, with a 16-25 railcard discount. The price for this was around £30-35. When I attempted to pay with my Santander visa debit card, it was twice declined by the guards card machine. As a result, the guard told me that I could either get off the train at the next stop, or be questioned under caution and pay the fare at a later date. I took the latter option as I was fully prepared to pay the cost of the fare at a later date (I had been expecting to anyway), and he provided me with a zero fare excess ticket. However, the amount detailed in the letter I mentioned above is £168 - which is obviously far more than I am prepared to pay for the journey. I found the guard very helpful but he did not explain to me that I would have had to pay this extortionate price; for the same money I could have easily found somewhere to stay and travelled back the next day. I understand that there may be some doubt as to whether the card I tried to pay with was working, or had money available on it. As a result I obtained a mini-statement from my bank showing that there was available balance on that day, and showing that I used the card in the days following the incident. I have also checked with my bank who say that there was no attempt to access my account on that day. I firmly believe that there was in fact a problem with the card machine. This is why I believe that I should be given the chance to pay the original off-peak fare (the same train today would be £30.45). It is plainly unfair that I should have to pay a far higher fare through no fault of my own. Does anyone know if it is worth taking this to court? I am being asked for the £168 fee by the 27th May, so I am running out of time. Any help would be much appreciated. Regards -
very similar to /forum/showthread.php?432889-Claimform-Cabot-Weightmans-old-citi-card-debt help please! about 5 years ago i i was in financial difficulties due to nat west calling in a business mortgage and overdraft thinking i was going bust i asked all my creditors to give me a copy of the credit card agreements. Citi visa card returned my £1.00 and stated it was unenforceable if the debt went to court. I have now been issued a court summons. i have complied with the courts by saying i wish to go to court. I have till the 16th April 2015 to put give the courts my defense and I also need to contact cabot regarding the case - i still have the original statement from citi stating its unenforceable in a UK court and they seem to have sold the account to another lender. I ask for any advise regarding the case and if you need any more information please ask thank you facts about the case 15 Nov 2010 (part of the letter) citi stated that in line with recent OFT guidance your credit card is unenforceable . "Enforceable" is a legal term meaning that a lender is not entitled to commence legal proceedings against you for the outstanding sums original creditor on the claim form Opus Credit card (though this is not true - it was the associates which change the name to citi visa claimant Cabot financial acknowledgment service sent and dated 18-3-2015 last payment made was may 2010 if anybody can give me good advise please reply in this forum thank you
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Would really appreciate some sound advice. I have my landlord's permission to sub-let a room in my home. This income covers the shortfall between my HB and my monthly rent. On Saturday, my new lodger paid a holding deposit and two weeks' rent in advance after we had verbally agreed to an initial three month tenancy. (He originally viewed the room three weeks ago.) The guy was desperate to move in and it was all very last minute. (He and his girlfriend had been having significant relationship problems.) We agreed terms and I promised to provide him with a Licence to Lodge the next day as I would be out til late and he started work at 10.00 pm that night. He agreed to this. Later that afternoon, he collected some of his belongings from his previous address and put them in his room (about 4.45 pm). I had to leave him to move in as I had family commitments. At 6.35 pm I received a text from him saying he had changed his mind as his girlfriend didn't want him to leave their home. He demanded his money back in full. Despite subsequent threatening texts from him, I advised him to seek advice from CAB and told him that if he had a legal claim, I would happily reconsider my decision. (He is Polish and although his English is reasonable, he does not understand English Law.) He was advised by CAB to request a refund for the holding deposit and one week's rent - a total of £180.00. He would allow me to retain one week's rent as compensation for changing his mind. I was under the impression that a contract, albeit verbal, still had legal standing and that if he failed to move in, it was not necessary to refund the holding deposit/rent already paid. It was his loss. If I had changed my mind about him moving in, I would have instantly given him a full refund. I feel as if he is effectively depriving me of three month's income and I have still to find another lodger which may take months (if past history is anything to go by). When I was told of his relationship difficulties, I suggested that a month's trial period might be appropriate and to "keep the door open" and not to commit himself to a long rental period. I put this to him three times but he insisted he needed to move in immediately. He refused the trial period and we agreed on an initial tenancy of three months. I would usually take a deposit and a month's rent in advance. I waived this in favour of just two weeks' rent to assist him in managing his budgeting/finances. As far as I am concerned, I have gone out of my way to accommodate him and feel aggrieved that he should now be sending threatening texts to come "with a friend" to collect his money and do everything he can to involve the police (even though it is obviously a civil matter). He texted this morning to say that, unless I refund him, he will make a claim against me and that I could be fined £810 plus costs if the case went in his favour. As an aside, good luck on that one -- I'm impecunious (as the name suggests), so it's doubtful he would ever receive a penny. The income I receive from letting the spare room keeps a roof above my head and prevents me from being evicted. As I said at the top of my post, I would really appreciate some sound advice on this matter. If I am at fault, I will happily make a refund but feel strongly that I shouldn't give in to threatening behaviour and intimidation without being clear on where I stand legally. Thanks guys! Imp PS I have advised him I will respond to his request within seven days and I have advised that I will keep the room open for him for the next fortnight in case he feels the need to leave his home again.
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