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  1. Hi, I'm in am unusual position, I think. Back in 2003 I had a cracking salary and mega limits on my credit cards (46k) I was made redundant after I became mentally unwell and so went back to uni. I *asked* the credit card companies to reduce my limits (not wanting to get rid of my cards altogether) but they refused. Point blank refused. Later that year I became ill again and was diagnosed with bipolar. I managed to spend £21,000 in 3 months, with very little to show for it (or take back!) The banks refused to help. I paid back just under 1/2. I now have a limited income and only really my benefits to live on. I stopped paying when CCCS went under. I was given a CCJ in absentia. On one of the debts. Another, who CCCS weren't actually paying off, are continually chasing me. They seem to have now passed it on to Restons solicitors. I know they *can* apply for a CCJ. But if I don't contact them, will the debt be statute barred after 6 years, which is 6/2018. What is the best thing to do? I'm usually an upstanding citizen. But - I can't afford to pay anything, I didn't run up the debt other than as part of my illness, and the banks refused to lower my limits! I think after 14 years I need a life I can live and keep well - depression being a major problem. I just live within my means. I had paid a huge amount off all the debts, before I joined CCCS. They've had their pound of flesh, so to speak. Can I now hold on for the remaining 14 months for statute barring, given a solicitor is involved??? Or has anyone else any helpful advice? I just long to be the responsible person I am without this cloud hanging over me. Thanks.
  2. hi guys, so i have the name, mobile number, email address and bank details of the professional that i hired, unfortunately they never gave me an invoice and i never gained their address. The job they did was below standard and they even damaged our property for me to be able to take action against them i need their address, so since i know you need to obtain a court order for the bank to release the address, what form do i need for this to happen.
  3. Hi all, It would be literally life changing if you can help with this one! Last year I checked my credit file and found I had a CCJ. The claimant was the managing agents for a flat I owned, the amount £1314 and it was registered in November 2012. Being a bit worried about the word CCJ I paid it immediately (Dec '14) and then set about investigating it. It turned out that despite notifying them of a change in correspondence address (I moved out and tenant moved in), they had been writing to the flat to notify me that my standing order for ground rent wasn't set up properly (I think after changing bank accounts). The tenant, I'm sure thinking he was being helpful, kept my post safe for me until he moved out!! The pile was nearly 1m high when I eventually reclaimed it! After a bit of internet investigation I figured I had grounds to have the Judgement Set Aside by Consent - I spoke to the claimant and they agreed to have it set aside they got their solicitors to issue a "Consent Order". I sent this with the correct forms and my own explanation of events to the courts along with £50. After 10 days or so I received a letter back from the courts telling me that my application had been rejected as the judge felt my application amounted to "credit repair". It went on to say that the judgement was paid and would be marked satisfied on my credit file. Fair enough I thought... That was until I recently applied for a mortgage and the underwriter informed me that I was "out of policy" until the debt had been cleared for at least 3 years. You can imagine how frustrated I am now with hindsight that the judge had felt it necessary to reject my application. Why would ANYONE want a judgement set aside if it wasn't to repair or reset their credit?! Surely he should of considered the facts rather than base his decision on opinion?! I paid a debt as soon as I found out about it and I've ended up with a 3 year sentence - you'd get as much for aggravated assault! I've spoken to the court again and despite it being longer than 7 days, I can apparently fill in a different form and send another £50 to appeal the judgement. My question, albeit a little long-winded, is: what chance have I got of winning an appeal? I don't want to throw another £50 at this and end up with the same result BUT if I knew I could get it set aside, I'd happily pay a hell of a lot more! If someone thinks they might be able to help, I'd happily pass on any documentation I have. Thanks.
  4. Cut a long story short whilst at University I relapsed back to a previous mental health condition after serious issues with Student Finance which meant my loan was paid very late. University offered no help during the first term and Student Finance were awful lead to the relapse and meant I couldnt pay my rent as I had no money to live on. during latter portion of the year was unable to cope and stupidly buried my head in the sand. Received a claim form which was sent to my home address, about a week has passed which I found out about today (my dad doesn't usually open my post but thank god he did). I can afford to pay this academic year as my parents will be managing my finances whilst I get my head back on track but cannot pay it all immediately its over £5500 and I can only pay back £1500. For the profession I want to go into I really cannot afford to have a CCJ on my record, it will literally ruin the rest of my life. Is there any hope for me? Appreciate any help, I know I have been stupid by ignoring creditor but its very difficult managing finances and coping with a mental health condition at the same time!!!
  5. Hi hoping someone can help/advise, I received a CCJ for the amount of £2802.71 for a credit card. England based. I can't pay this and on the form it does not tell me how I can pay this off in instalments. I have lots of debt which I am dealing with but this one slipped through, my fault totally. Any advice on how I should proceed would be much appreciated. Many thanks.
  6. I opened an account in 2007 with Lloyds bank whilst I was 16 years old and living in the south of the country with my girlfriend at the time. I then moved back to the north of the country but did not change my home address and all my mail was withheld from me for about a year. I had gone overdrawn on my account by £5.40 and did not know of this because my mail was being withheld and had no cause for concern. (I should have changed my address). September 2008 I received a letter from Lloyds TSB demanding I pay £479.03 of the £679.03 balance in full in a couple of weeks. Due to my financial situation I was unable to pay. In October 2008 I received a letter from a solicitors demanding that I pay the full amount £686.69 outstanding balance. They also state in the letter that if the payment was not paid in full I would receive a CCJ, which inevitably happened. I chose to bury my head in the sand at this point only being young and unable to make such a massive payment upfront. Later in January 2015 I set up a repayment plan of £5 a week to Lowel and managed to get the outstanding balance of £767.72 down to £162.72 thus paying £605. On my credit report it states that I have had a CCJ. What I am wondering is, what is the likelihood of reclaiming these charges? What steps do I need to take to reclaim? Will the CCJ be attached to my credit history permanently? Any other advise would be most appreciated.
  7. Hello Everyone I hope that someone could help with the following legal situation: Someone took me to the County Court to have enforcement of an Employment Tribunal granted as the original ET decision was 11 years old. YES 11 Years Old! At the first hearing the DJ struck out the judgment and listed a date for the matter to be heard again (the claimant did not attend). At the second hearing, I was stuck in traffic and did not get to the court in time and judgment was awarded to the claimant in default. At the third hearing where we both attended, the DJ heard submissions from both parties and struck out the claimant's request to enforce the judgement as it was substantially out of time. The claimant has appealed that decision, again not within 21 days, but 55 days, and was refused on paper as being "totally without merit" and with no excuse for being ouside the 21 day time limit. The claimant is entitled to have that decision reviewed at a hearing, I am just wondering the following: a) Do I even need to attend? b) What will be the courts view on his constant flouting of the time limits? c) Is 55 days anyway acceptable if he has no reason? d) Do I need to present counter arguments to his alleged evidence? even if they do not touch on his delay outside the time limits. e) Do I need to make a skeleton argument? f) At the last hearing, I was asked by the DJ if I wanted to make an application for costs, I said that as long as the matter was at an end, then no. My question is what costs can I apply for, can I apply for the previous hearing if I declined to seek costs then? Thanks everyone for any advice
  8. 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.
  9. Long story short, CCJ for just under £9000 which dropped off the file in December 2016. HSBC have put more effort into chasing the debt after the 6 years than they did before! Latest letter received threatens a debt collection agency if they dont make a payment (reduced settlement). Im pretty sure that they have had their chance and would need to go back to court and explain why they didnt try to enforce the CCJ before, am I right?
  10. Hello all, I have received a claim from 1st Credit in regards to an alleged Lloyds TSB Loan. Unfortunately the claim form came whilst I was on Holiday and so I have missed the date in which to respond. As advised by your Set Aside section, I have contacted both the court, and their representative. Whilst it bugs me to pay the Application fee (as I had no chance to respond) I want to still defend this. So any advice will be appreciated. Just to advise, I have not sent any letters as of yet, however, I did a SARs a year or so ago and so have a lot of paperwork that may be helpful. Name of claimant: 1st Credit (Finance) Ltd. Date of issue: 03 Aug 2016 Date of acknowledgement was the 22nd, I never seen the letter until the 25th and logged straight into acknowledge but judgement had already be served (23rd). What is the claim: The claimant is the assignee of a Lloyds Bank PLC debt in the sum of xxxx assigned on the xx/11/15. The statutory notices were sent to the defendant. The debt is a loan account first opened by the original creditor on or about xx/xx/2010 under the reference xxxxx. The defendant used the credit facilities. On the xx/xx/2012 the account defaulted with an outstanding balance of xxxx. The claimant and its predecessors in title demanded repayment of the sum due. In breach of contract the defendant failed to repay the sums due. What is the value of the claim? around 9,000 including their costs and fees. Claim is for Loan and was entered into after 2007 It has been assigned and it is the 1st credit issuing the claim. I received a chasing letter from 1st credit advising that the debt had been assigned with a copy of an suspect notice of assignment from Lloyds TSB. The reason I say it is suspect is that the address has extra letters in, which are then replicated on the 1st Credit Letter - almost as it had been printed from the same details. These letter have never been on any letters from Lloyds. Did you receive a Default Notice from the original creditor: Not that I can recall, I know I never received the annual letters for two years of so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I think these maybe the letters I refer to above. I never received for two years then they were sent. I do not have the date they were last sent but I can find out. Why did you cease payments? Serious debt issues, I lost job, and then went self employed, then had a knee operation. What was the date of your last payment? Nov 2011 Was there a dispute with the original creditor that remains unresolved? No I advised Lloyds numerous times I was struggling and in financial difficulties, but they kept hitting me with charges. Late payment, charges, then taking money from my overdraft, taking me over my planned O/D resulting in more charges. What you need to do now. I have a copy of the CCA - however, I am not sure on what information I should receive as part of this req I will Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. Request 1 - Loans/Credit Cards Thanks in advance
  11. Hi - asking for my sister who is a disabled adult (mental Health). She has received a judgment by default CCJ from Home Direct, she doesn't remember receiving the court pack, nor is it something I have seen when visiting - as she usually gets me to read through things for her. Now she owes the money, no doubt about that. And up to 2016 was making regular monthly payments to a DCA when the agency changed to the current one. She has tried twice to set up the plan again, only for them to not reply, and send a standard letter again a few months later. She phoned the new DCA after receiving the default judgment notice, and they were not sympathetic at all - went through an income and expenditure with her - and included her PIP payments (and those of her daughter who has ASD) as income. They wanted a massive £800 per month, the debt is £2400. So: 1 - Can they include PIP payments as income? 2 - Would she have grounds to set aside as she says she didn't get the court paperwork (although from the sticky thread it mentions you would have to show a defence to the claim as well for that?). 3 - Would setting aside mean they would be more likely to accept a reasonable payment plan anyway? Any help is very much appreciated - thanks
  12. 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.
  13. Hello, I hope this the the correct forum to place this, it is my first time posting! I'm trying to build my credit up and settle the newest debts (there's only a few but I've a very low credit score). I have a CCJ from 2013 for a vanquis credit card. For the same debt I have an ongoing default under Lowell on my credit report from 2012. Now I have lost against Lowell and a judgement for claimant has been granted. I'm just wondering what I can do now as I would like to just settle the debt within the 1 month but then what will happen to the default and the original CCJ. I also believe you shouldnt have a default superseeding a CCJ nor 2 x CCJs for the same judgement. If I do not pay within 1 month I'll have 2 x CCJs and a default on my credit report for the same debt. Just wondering if anyone can help with the best course of action. Many thanks,
  14. This is not for me but for my ex partner In 2013 she got a claim form for on old Three debt (sent to my address she she had not lived for 12 plus years) I helped her with the claim form and to cut the story short she went into mediation and agreed a settlement. Which she paid by DD to the account as specified by Lowell/Howard Cohen. So all paid up and completed, no CCJ, no action, no more letters. Now jump forward to 2017, letters start coming through my letter box from Lowell for her, which I pass on. They claim the debt is still owed, they have CCJ and now if she doesn't pay up (again) they will enforce the CCJ they think they have. Any advice I can pass on. There have been a number of letters now and I am thinking that she goes for harassment?
  15. hi can any body help my wife has a ccj from these the court set it at 50 pounds per mth she has missed one payment and has now been told they are going to take legal action if i catch this up can they still take the legal action thanks for any help please
  16. I have been trying to get house insurance but because I have a CCJ nearly 3 years ago, nobody seems to want anything to do with me. Tesco asks about CCJ's at the very end of the online application. Has anyone else had this problem and why penalise people when they are trying to get back to financial normality. We both work full time, and the CCJ from Nationwide is being paid off, and it was from when I was off work for a year, and for 6 months couldn't pay anyone. Two burglaries also, and lost two cars within six months. any suggestions as to how an honest person can get insurance. thank you in advance
  17. Hi, just checking my credit score on an app, and noticed a CCJ was issued on the 28th April, I have no idea what it is for or from whom. I need to find out what this is about and get it removed, I called one number and got a recorded message saying that I had to pay £255 to have it set aside, but is there another way as i can't see it fair to have to pay this just to find information on it!
  18. My Dad got work done at his house where I live 4 years ago. The electrician didn't do something he asked for so he cut of £500 from a £20,000 bill. Today I get a update from Experian that I have a CCJ under my name issued yesterday. Having spoken to the court it turns out that the Electrican issued a CCJ at our old address where we moved from 4 years back. I never got any of the letters or did I get any intimation from the court AND I am not a part of this at all. I only live at my dad's house and the claim should be between these two. I have nothing to do with the bills for the building of my dad's house. My Credit score just dropped from a 5/5 to a 1/5 for something I am not involved in or knew anything about. Spoke with the court who have suggested I pay £150 and do a application to set aside the judgement. Also spoke with Experian who say they will put this down as fraud as it has nothing to do with me but they will need to investigate and can't guarantee that this will clear my record. Also the claim is issued under a misspelt surname. Does that make any difference? What should I do????? Some guidance would be highly appreciated. I have worked hard to keep my Credit history good and one wrong swipe has just ruined it.
  19. Hi there I'd be grateful for anyones advice, I had an update on my credit report yesterday saying a CCJ has been issued against me. It says the court date was 21st April I didn't have any summons and no judgement has been sent to my address even tho they have my correct details. Im unsure what the CCJ is for as I have no defaults on my credit file and I'm up to date with everything. The only thing I can think of is I'd had a small road traffic accident 3 years ago and last year I had solicitor letter from my insurance company's solicitor saying they were acting on behalf on me and my insurance company as a settlement had not been agreed yet. Could the CCJ be related to that case. I feel so anxious today as I can't speak to the court till tomorrow to find out what its all about.
  20. Hi Was wondering if anyone could help or point us in the right direction. My wife checked her credit file today and noticed that she had a CCJ issued on the 06th April this year at an address that we lived in over 5 years ago. It didn't give any details on the CCJ and after calling the courts she then found out that it was for a parking fine which wasn't paid about 5 years ago. We were aware of the unpaid fine but not aware of the CCJ until now. 5 years ago my wife had a job interview which didn't have onsite parking and the only result was to park in a private car park. She called me straight away to try and sort the car out. I ended up walking about 3 miles to get the car and by the time I got there it was to late. I pleaded my case to the guy who was there and offered to pay for the parking which he didn't care about and told me to email them. I sent an email and offered to pay for the parking but again didn't show any interest. that was the last we heard from them until now we saw this on her file. is there a way we get get this removed as we are saving to buy a house next year and this has just added unnecessary stress
  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. 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.
  23. Hi, I had a previous bank account (but not old enough to be SB) with HSBC which was overdrawn by a large amount. Negotiations to sort things out with HSBC broke down and I've not heard anything from them for 3 years, and have since moved. I came home yesterday to a claim form (dated 29th August) from MKDP LLP who now appear to own the account. I presume they have traced me, but I have had no prior correspondence from them. The amount claimed is a lot higher than the overdraft was, so will doubtless include countless fees. The particulars of claim are 'The Claimant claims the sum of being monies due from the defendant(s) to under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the claimant on . The defendant(s) account number was . It was a term of the bank account that any debit balance would be repayable in full on demand. The defendant(s) has failed to make payment as required by the demand for payment sent by . The claimant claims the sum of and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction'. No other supporting documents are included, which I suspect is because there aren't any - the overdraft was originally agreed back in 2001 entirely over the phone and I never signed anything or was sent any specific terms before having it. I'm think defend is the way forward as I definitely do not owe the figure claimed, but I don't know what the actual figure should be so I can't really claim partial admission since I don't know how much to admit, which leaves full defence as the only option, and if they don't back down, a full & final settlement offer to try and avoid a CCJ being issued. I understand that section 77 requests are not relevant to an overdraft, but do I have any other rights under the CCA to demand supporting documentation for the claim and would I be able to use failure to supply this as a defence as you can with a failed section 77 request? Some advice on the best way to approach this would be appreciated!
  24. 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
  25. 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
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