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  1. Hi just needing a bit of advice here please and maybe a little help. Today just received what looks like a County Court Letter from Claimant Hoist Portfolio Holding Ltd , I do not know who they are or what the sum of money they are asking for is. Im thinking it might be a statute barred debt but not sure, question is . ... will I jeopardise a statute barred debt by logging onto the court claim. Any guidence would be gratefully appreciated. Regards Malc
  2. Hi there. I do hope someone could help with good information what to do in my situation. I received court claim almost 4 weeks ago. I submitted the AOS back on 25/9 and therefor now only got 1 more day before at least have to do defend form online. My problem was I have been very ill for last 2 weeks with flu and also going through tooth abscess so really tough times for me. But nevermind I should still have got this sorted before it went so far. I am praying someone of you could help me with some good information on how best to tackle this as I have to submit this form tonight. I will prob not have time to respond before deadline as have work all day today. But hope to respond back on anything here at forum from after 8pm uk time. The claim is as below: Claimant: CABOT FINANCIAL (UK) LIMITED Amount Claimed: 795.32 Court Fee: £60.00 Solicitors Fee: £70.00 Total amount: 925.32 The original debt was to Hitachi Capital after buying computer equipment on credit which was urgent needed at that time last year. But to keep it short I missed the first repayment which ended up in direct debit charges they added also got problems with my bank. But in total within couple months added charges of around £200 I was in dispute and was in contact regular through email pointing out they could not charge these high fees. now instead of a reasonable debt of around £600 has now gone up to £925.32 What can I do now as I know have not got time to send those letters where I can request documents from Cabot. And I also read something else around the internet about sending these forms. I am hoping to get an agreement with Cabot to pay of monthly instalments for original amount owed around £600 do you think that would be possible if I submit my defend part admission? I was thinking to submit that tonight and put information about my dispute with Hitachi Capital. But just very confused now as what can I do to help this situation apart from submit part admission? As its too late to claim back charges from Hitachi? Do I put in defend form that I wish to request cca and cpr request? As I cannot get leter sent to them in time now? Sorry for all these questions and very long thread just very upset about this. Hope someone could shine a light asap would be very much appreciated.
  3. Hello, You help I massively appreciative during this horrible situation I find myself in! I've just returned from a holiday to find a county court claim from a debt collector who seem to be acting on behalf of the black horse. In 2009 I took a loan with the black horse for a car, during sometime in 2009 my wages were reduced meaning I couldn't afford the monthly repayments. Since then I incurred missed payment charges before a debt collector started pursuing me. I looked into the agreement and realized their was PPI and other insurances included that I'm very much certain I did not sign up for! I queried and got no response.. Since then I refused to pay until I had some understanding as to why these were included In March 2014 I received a warning letter so I decided to ignore the whole PPI thing and agree stage payments. In April I agreed to pay a sum on the 1st of every month by online transfer. The debt collecting agency then sent me a form to complete and return (my bank details) of which I did via post. Since then, I've not heard from the agency so presumed things were being processed. I recently received a letter advising me that county court judgment would be considered if I didn't pay the sum in full in 14 days. To my amazement, I emailed the debt collecting agency confirming receipt of their letter explaining the above and why I had received this letter when all had been consented and agreed in April? They then responded to my email advising that they have my consent to take payment but don't have my bank details so payments couldn't be arranged. This p**sed me off! Underneath, they also advised that a county claim had been issued because I failed to pay them! This p**sed me off even more. They now want me to call them, however I'm reluctant to as I know the phone calls are recorded and I feel they will force me into saying something that will be benefit their case. I want to contact via email but they are pressurizing me into a call. I feel as if I'm being done over here on the back of their mistakes. Yes I understand I have an outstanding debt but why aren't they cooperating efficiently? Has anybody else experienced such situation and have any advice on what I should do? I have just emailed the debt collection agency asking; Why wasn't I contacted if you had consent but no bank details before the warning letter? Why when I queried the warning letter, wasn't my query answered before a county court claim was issued? Where are my bank details now as I posted these to the address provided? What is their affiliation to the black horse, who my debt is with? For your information, the debt collector is Hillesden Securities. Thanks in advance.
  4. Received a County Court claim form for a Statute Barred debt going back to 2000, Completed Claim Form with Defence Statute Barred, received a letter from Court that my response to claim is deemed to be a defence. Drydens Fairfax was the Solicitor then another took over each I sent notification debt Statute Barred. I've contacted Arrow Global to let them know its SB and put in a complaint to them. Letter said claim was transferred to Manchester County Court then we received another to say it had been transferred in error and is back at Northampton. It now says on MCOL defence received 03/10/2014 and defence rejected yet I haven't sent any other defence in. Infact , when I called on 03/10/14 to Query case going back to Northampton was told it had been stayed. So what do you suggest now. REALLY appreciate your help on this didn't mean to shout just glad of help, Thankyou
  5. My wife has received a county court claim from Cabot and i would really like her to defend this claim. I have so far asked the court for 28 days to prepare a defense. I am now asking for your help in putting together said defense. Please advise on what the next steps should be.
  6. i all, This is my first post, so please bear with me. Today I have received a notification of court summons by Mortimer Clark Solicitors for a Cabot Financial Services debt. This dates originally from 2003, when I took out a car finance with Online Finance, via our old friends, Carcraft. Due to losing my job etc etc, I defaulted on the original loan, however contacted them to arrange a repayment of the arrears and to set up a new direct debit, which the provisionally accepted, pending a visit from one of their agents. I dutifully agreed to meeting them (August 2004), and stayed at home all day awaiting their arrival. They never turned up, I made several phone calls, to try and pay by debit card over the phone, which was refused, this went on for a number of months, into early 2005, when out of the blue, I received a letter stating they were coming to repo the car. I agreed that they might as well, and was assured sale price (full market value) would be deducted from the debt. Role on about 6 weeks, I get notification that they sold the car for £1500! (at the time, I calculated full market value to be in the region of £5700, a 2001, Renault Megane, 1.6i, 5 door with all the trimmmings), purchase price including interest being around £10300, of which I had paid approx £3000, when the car was repo'd. Roll to 2005 when I got a debt letter for £7300, the original debt, including interest less what I had paid, but not deducting the sale price, which I had tried to dispute, but all correspondence was ignored. I set up a debt management plan, and paid for about a year, when I was made redundant, and ended up cancelling it because the firm I was with were useless. Roll to today, 8 years later and I receive this court notification. Please note that I have also moved house approx 8-10 times in this period, and have NEVER acknowledged or responded to any debt collection notices for this debt. The court papers state that Cabot bought the debt on the 30/09/2008, the court papers issued on the 26/08/2014, 34 days short of 6 years from when they say they purchased the debt! I know that I was getting letters to various addresses from as early as 2005 from Cabot, usually forwarded by previous landlords, or collected from previous addresses in person, but always ignored, and never acknowledged. I need some serious and urgent help in compiling the defense, and help in getting this won in my favour, but haven't got long to do it in, 14 days. I regret I have no longer got any documentation regarding the vehicle, sale etc due to house moves etc. Please help me!!!
  7. I have just recieved a county court claim dated 01/09/14 from Welsh Water for water charges and sewerage charges for the period 01/04/14 to 31/03/15. The amount being claimed is £558.12 plus court fee £60 and solicitors costs £70. I made a payment of £288.12 on the date the county court claim was issued not knowing that Welsh Water had issued the claim. This payment represents more then the 5 months charges I actually owe Welsh Water. My question is are Welsh Water legally allowed to issue a county court claim for water and services I have not yet recieved and if not how do I formulate a defence ? Thank you in advance for your invaluable help and advice.
  8. ..about 4-5 years ago I had a business overdraft for 15K, got a letter from HSBC requesting I pay off the overdraft.. I could not do that as business was dropping off.. HSBC sent a few letters insisting on payment, I did not acknowledge them, after about a year a debt collector kept calling on phone after a while they gave-up, a couple of years ago think it was MKDP kept writing but I ignored them, now I have received N1CPC Claim Form (addressed from MKDP) with 14 days to respond. Suggestions please
  9. ive just received a judgement for claimant from mkdp llp its for £8399 this is a debt from i presume a credit card which was through my ex wifes address and was kept from me now ive recieved this any advice please as i dont have the money to pay this
  10. I was supposed to recive a performance related bonus but it was witheld. The reason given was its because i recive a monthly bonus for something else. The problem being is other staff recived the bonus and they also recive monthly bonus too. Can my company do this? The bonus was not contractual but i have been singled out for no good reason I am looking to take this to a tribuneral, does anyone belive i have any chance? I also feel like pressure is being put on us to resign but thats another thing. Thanks guys.
  11. Hello all. i have received a county court claim form for an old catalogue debt. i cannot remember when i last made a payment to the the account but i know that its been a long time. on the claim form it says i signed the credit agreement in 2007 i wanted to try for the statue barred option. i know the debt has been passed around a lot over the years what i need advice with is. . if they do manage to provide proof of a last payment within the 6 years what would happen next? Thanks for the advice.
  12. hi there, my partner recieved a CC form today from Cabot financial for a debt dating back to 1999 and 2000 (two catalgoues by the look of it) it states in the POC: The claimant claims payment of the overdue balances (set out below) which the defendant has failed to pay as required under contracts with the following particulars: acc no: xxxxx and acc no: xxxxxxx between the defendants and Simply Be and Ambros Wilson date on or about 28/01/2000 and 16/09/1999 respectivley. The contracts were assigned to the claimant on 26/06/2012 and 27/07/2011 respetively. then goes on to give the figures. my partner was under the impression that as she had had no correspondence with these guys or the original debtor since 2001 it would be statute barred? is this corret? we have never spoken with cabot, or simply be or ambrose whoever they are... bit lost, would appreciate some advice please as to what to do, we cant pay that amount.. or anything anywhere near it.
  13. Hello all, First of all, I would like to just say yes, it is a debt I should have paid, and it's a crappy defence but I was a student who desperately needed a bed to sleep on at the time. I took out an Argos card sometime in 2005/2006 (the date on the County Court claim says 09/01/2006) and subsequently moved (several times - I was a student for quite some time), got married, forgot about it. Recently, I had been receiving letters from various different debt agencies, in my maiden name, for this debt, which is £253.55. I ignored them as I believed it to be time barred. So, last week I received a County Court claim, which turned out to be genuine. I hastily submitted a generic defence stating that the debt was time barred. Today, I received a letter from Restons Solicitors, who appear to have taken the debt from Cabot Financial, who took the debt from Argos. They claim the last payment received towards the account was on 01/03/2009, which is within six years. I knew that there was no way that was accurate, so checked my bank account - luckily I've had the same account for some time. There is no payment anywhere near this date. My records are available back to August 2007 and there are no payments whatsoever. They have asked me to withdraw my defence or they will strike it out and seek an order that I pay the client's legal costs on an indemnity basis. My question is, how do I deal with this now, since I can't submit any further defence online through MoneyClaim? Could I write Reston's direct, or is that inadvisable? Any help would be greatly appreciated.
  14. Just thought I would post some information that I have come across that might help people. If you ever need to obtain documents from the County Court about any claim made against you, then you can use CPR 5.4.2. The current fee is £11, unless you can apply for exemption. http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05
  15. just wondering if someone could advice, last year my brother engaged a solicitor reference a case which the claim was in both names prior I had defended my self thoughout and won my case my brother lost I got a letter some time later that they were going for unreasonable cost order , at this point my brother engaged a solicitor I went to the meeting with him when at this meeting the solicitor said my case was pretty clear cut and would deal with it at same time as I had a defence in the first case so it was not unreasonable for me to defend , the nuts of this at the meeting I said that I would pay my bill for any work that he done a few months down the line I get county court papers for all the bill when I had paid 50% this company had never written to me demanding any monies , I do have an email which I got last week from my brother were the claimant excepted my 50% and a proposal from him but he lost his job the frustrating thing is I never signed any documents saying I would pay all the bill I can not see why I should pay when my brother engaged them this company have never written at any time to date any advice on this I would be grateful I agree that any body does work should be paid but this is out of order at no time did they tell me verbally or in writing that I would be responsible for all monies due
  16. [ATTACH=CONFIG]52562[/ATTACH] Here is a copy of the claim form which has been kindly supplied by the County Court sitting at Bury. This is the claim which succeeded against LegalCare – although the judgement remains outstanding and unsatisfied. If you read the claim form, you will find that it is same very familiar story. According to LegalCare they have any tens of thousands of satisfied customers. It is obviously a very nice little earner. However, on the basis of the stories that we see around the Internet and the stories that we have received on this forum, and on the basis of the legal actions which have been conducted against LegalCare, we would not recommend them and we would warn everybody to stay well clear. Quite frankly you're likely to find that the advice given on this forum – completely free of charge – will be just as good – maybe better – probably far more practical – and based on people's real-life experience. The claim form has been redacted to protect the identity of the claimant. The claimant is not aware that we have obtained this claim form and that it has been posted on this forum. However, it is a public document and a County Court judge authorised its provision to us. We are trying to contact claimant to invite him to come onto this forum. However, if you happen to know somebody in the Bury area who has sued Legalcare but has been unable to get their money back through enforcement of the judgement, please alert them to this thread and invite them to come onto the forum.
  17. Hi there. I have a court summons pending with MKDP. I have read through lots of threads on this site, which have been a great help and enabled me to get some way down the line. I would just like to consolidate where I’m currently at, as this part becomes somewhat vague in the existing threads. I would be very grateful for any advice on my next steps. Debt details: HSBC Bank: Loan Started: 2004 Defaulted: 2007 Random debit card payments made here and there up until 2012, so the debt is not statute barred, but no longer on my credit file. I can’t remember anything about the loan - PPI, other penalty charges - even the original amount! County Court Claim: Issue Date: 01 May 2014 +5 for Service: 05 May (actually received on 09 May) +14 to Acknowledge: 20 May +14 Extra: 02 June Amount Claimed: £2,005.00 Court Fee: £105.00 I have decided to defend, as I moved in 2010 and have only just been tracked down at my new address, so did not receive a NOA. I also have no idea how the claimed amount has be calculated. I should have received a response from MKDP before today (unless the +5 service is also applicable to them?), but I haven’t, as of yet. I’m becoming conscious of the increasingly tight time frame. More details below. Other Info: Claim Form received: 09 May (evening - slow postal service) Sent response (as per below): 12 May (both 1st Class recorded delivery and £1 postal order receipts filed) Signed by MKDP: 13 May Acknowledgment of Service: 19 May (online) Response: None (as of yet) Particulars of Claim: The Claimant claims the sum of £2,110 being monies due from the Defendant(s) to HSBC Bank plc under loan agreement regulated by the Consumer Credit Act 1974 which was assigned to the Claimant on 13/03/2013. Notice of assignment has been provided to the Defendant(s). The Defendant(s)’s loan account number was [emitted]. The Defendant(s) has failed to make payments in accordance with the terms of the loan agreement. A Default Notice has been served pursuant to the Consumer Credit Act 1974 by HSBC Bank plc. The Claimant claims the sum of £2,110 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction. Response to MKDP: MKDP LLP Fleming House Seebeck Place Knowlhill Milton Keynes Buckinghamshire MK5 8FR 12th May 2014 Dear Sir/Madam Re:- County Court Claim No. [Emitted] With reference to the above County Court claim, I require you to supply the following documentation before I will correspond with you further on this matter. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974. 2. A full statement of account. 3. A signed true copy of the deed of assignment of the above agreement that you allege exists. 4. A copy of any other documents referred to in the agreement. I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned. I understand a copy of the credit agreement should be supplied within 12 working days. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. I look forward to hearing from you. Yours faithfully [Emitted] Thank you for taking the time to read the above. If I’ve missed anything, please let me know. Any advice on how to proceed would be gratefully received.
  18. I am looking for some guidance. .. If you owe a debt and later it gets sold on can the receiving company then apply for a county court judgement at a later stage? Any help would be appreciated
  19. Hi, Due to ill health, I gave up work several years ago and at the time I was dealing with my debts through a DMP.[payplan] Since not working, I had to reduce my repayments and then eventually stop them altogether. this has caught up with me and I have now received a County Court claim form from Cabot / Mortimer Clarke Solicitors for an old Halifax credit card debt. I have somewhat buried my head in the sand over the past year or so and have become very lax in reading DCA letters. I really have no idea if I have ever received notice of assignments from Halifax or a letter before action from Cabot. I really can't afford to repay this debt of over £2000 and the worst thing is that there are many more debts waiting in the wings to go the same way. What is the best and first thing I should do now? Should I apply for proof of the debt and all the statements, etc and if so, how do I deal with the Claim form and will this put the claim on hold for a while? Sorry if I sound silly and confused but my head is spinning with this I've never been in this situation before. Many thanks in advance for any advise you can give.
  20. Hi To cut a long story short, my sister was mis-sold a gym membership by an employee of a well-known gym. She was told, over the phone, that she would only have to pay a £1 joining fee and that would allow her to use the gym on a pay-as-you-go basis and that she could cancel this whenever she liked. I might also like to add that she was never read out any Ts & Cs (essentially because this contract didn’t actually exist), made aware of a cooling off period and never signed any paperwork. This employee was a ‘friend’ which is why my sister trusted this information. Little did she know, she was actually signed into an 18 month contract at £33 per month and only realising this when the first £33 was deducted from her account. To date, my sister has never received a ‘membership pack’, doesn’t know her membership number so as a result has never used the gym (she’s never even stepped inside it). In order to stop the money coming out of her account, she cancelled her direct debit, of which resulted in letters from the gym. We have spoken to membership services, who were extremely uncooperative and sent a letter back to the gym which has resulted in another letter from ARC Europe Limited stating that they “can now take steps to prepare a County Court Claim”. Do you have any advice on what we should do next?
  21. Good afternoon and, in the event I am advised, thank you I have received a county court claim form. It is addressed to me in my married name, which goes back to 2007/2008 (I have used my maiden name since I left my husband in late 2007) and it has been addressed to me at my current address. The debt is £299, in addition there is a £25 court fee plus solicitors costs of £50. Total: £374 I have no idea what it is for or when it is from. The claimant and solicitors respectively: Arrow Global Guernsey Ltd, London Drydensfairfax Solicitors (Drydens Ltd), Bradford Particulars of the claim: 1. The claim is for the sum of 299.00 in respect of monies owing by the defendant on a credit agreement held by the defendant with Phoenix Recoveries (uk) under an account number upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with 3. By virtue of a sale agreement between Phoenix Recoveries (UK) and the claimant who has a genuine commercial interest. The defendant has been notified of the assignment by letter. Re: 1. I do not know who Phoenix Recoveries (UK) are. Or any of the other entities on the claim form. I do not know what the account is or where the debt was accrued. 2. I am unaware of a default notice 3. I do not know what the sale agreement is, regardless of what Phoenix Recoveries have stated. If anyone can assist me with regard to how I deal with this. I genuinely am clueless. I had a traumatic couple of years up to 2009 and I really cannot place the debt. I know when I left my husband he ignored all household bills ( all were in my name) until at least the start of 2009 and claimed that I lived in our home right up until that point (I left on December 26th 2007), so perhaps it is something related to that? For the record I paid all bills in the marital home up until August 2008, despite the fact I was living elsewhere. Again, thank you.
  22. Hi, I just got a county court claim form for the Claimant Lowell. I have never had any contact with them. They are collecting on behalf of HBOS. They have sent me letters in the past which I ignored as I have no contract with them. Can they legally do this? My contract was with Halifax, not Lowell. Please advise. Much appreciated. Joe
  23. i hope someone can advise my best course of action to take here . briefly my wife used a car which is owned by me but she isn`t covered for insurance wise whilst out in the car she had to manoevere out of a parking space when she clipped another vehicle , foolishly she then drove away without leaving details . the next morning a traffic cop arrived at our home took a statement from my wife in which she readily admitted her guilt and she subsequently had to attend the local magistrates court and was fined and her licence endorsed . out of the blue i received a letter from northampton county court with a statement prepared by some solicitor claiming that i was the driver and that i had been driving along the road when i carlessly lost control of the car , veered across the road and collided with his clients vehicle , all this of course is completely untrue and absolute nonsence . there is a claim for £360.00 in repairs for the damaged car and £50 solicitors fee and a further £50 court costs . could someone please advise on my best course of action here , there is a letter / form attached with the paperwork for me to respond but im not very clued up with the legal system .
  24. There is an unsatisfied judgment recorded against ASKA PROFESSIONAL LTD MARITIME HOUSE, BASIN ROAD NORTH, PORTSLADE, BRIGHTON, BN41 1WR At BURY Court claim no. 3QZ17285 dated 24/04/14 £253 Aska Professional Ltd trade as Legalcare. They may trade under other names as well. We don't know. It may be that this judgment is not connected with Aska's Legalcare activities but the fact that the case was transferred to bury rather than Aska's local court in Brighton suggests that the claimant was an individual - not a business. We would be very interested to receive information as to the circumstances of the case and why the judgment has not yet been enforced. Maybe someone could let us know on our admin email address please. Put "aska judgment" in the subj.line.
  25. Hi all. Last year I received numerous threatening letters from Civil Enforcement Limited demanding I pay some extortionate fee for allegedly parking my car for 2 hours and 18 minutes in our town centre. I have never parked for that length of time in my town centre so ignored all their letters as I could smell a [problem]... 2 weeks ago a claim form arrived through the post with Civil Enforcement Limited as the claimant. I have until Tuesday to submit my defence but wondered if anyone could help with the wording? My main defence is that a contract can only be between the driver of the vehicle and the land owner. As my partner also drives my car I cannot remember which of us may have 'parked' our car for this length of time last July. As a private company I am aware that CEL have no powers to force me to provide them with the identity of the driver of my car on that particular date (which is just as well as I can't remember!) so can I use this as my main defence or should I just use the standard defence that's been posted earlier? Am I right in thinking I can submit this defence by Email to the court? Thanks in advance for your help
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