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  1. I recieved a claim form from northampton county court on 26 april 2013 I went online and acknowledged as i only had a certain amount of time and didnt want to ignore it. Now im stuck what to do. Its from 2009 i vaugley remeber having a mobile contract but sure i was in dispte with three over the bill and not able to get uch of a signal but cant really remeber to be honest. now i have this and am not sure what to do. This is what it says: By agreement in writing three mobile (the assigner) agreed to provide telephone services to the defendant in respect of telephone number ************ commencing on 31/03/2009. handset tariff 20 texter. as payments were not maintained as required the assignor issued a notice of default on 31/03/2009 and the contract was subsequently terminated. the last payment received from the defendant was 0212/2009 by agreement in writing dated 1506/2012 the assignor assigned the debt to the claimant. And the claiment claims 1. the sum of 331.34 2. interest pursuant to S69 of county court act 1984 namely 22.73. Can any one offer any advise. I would be very grateful Thank you
  2. Hello, Firstly, I am a regular poster on the forums here but feel the need to use an alt account for this post. A debt collector has issued a county court claim against me for the amount of ~£2,500. And I don't agree with the full claim. Please hear me through In late 2009, I left my job to start a business. My old employers, "Company X", accidentally continued to pay me for 3 months, totalling ~£3,600. A few months later they wrote to me to obviously ask for the amount back. By this point, I'd spent the money. I had so much coming in and out of my account at the time that I didn't notice. Terrible organisation, I know, and not a mistake I would make today! So I offered to pay a nominal £20 back per month until I could afford to pay more, to which Company X agreed. That was fine, and then in October 2012 I agreed to up it to £300 per month over 10 months to clear the remaining £3,000. Note that they also stated the usual blurb of "if you don't keep up payments, you will be liable additional costs" etc. All fine. I paid the first 3 payments, but then missed the next 3. Totally my mistake - I had removed my calendar entry telling me to pay it. Company X then instructed a solicitor / debt collector to sort it out. A few weeks ago the Solicitor wrote to me advising that my account is in arrears, and that if I do not pay the outstanding £900 within 7 days they may issue court proceedings. 13 days later, they did so, for the outstanding balance, plus 8% interest dating back to 2009, plus court and legal fees, totalling £2,500. At this point, you're probably wondering what I have to complain about. Here's what it comes down to: Company X at no time informed me that I had missed payments. The first contact I received, having kept up with the new payment schedule, was from the Solicitor, with only 7 days to act. I was working away from home for two weeks which spanned the entire period between the Solicitor's letter and the court claim. In other words, I didn't see it until the court claim was already issued. Both Company X and the Solicitor had my email address (and possibly my telephone number), but made no attempt to contact my through those channels, which I would have been able to respond immediately to. As I said above, I was away when the Solicitor's letter was sent. When I opened it (which was 13 days after its date), I paid the £900 immediately. The very next day I was opening the letter of the court claim! Then, I paid the remaining £900. I told the Solicitor this but they basically ignored it entirely and want the remaining £700 interest and fees. I think their lack of effort to contact me and go straight to a court claim is ridiculous. I'm tempted to pay the £700 fees, because I'm buying my first house this year and simply can't have a CCJ registered against me. Do I have a case to not pay? Thanks a lot in advance
  3. Hi, I received in the post in December an Application for an Attachments of Earnings Order in my local county court. This was the first I had ever heard of the matter. The creditor being MEIII Ltd whom I have never heard off. To cut a long story short all letters that they had sent, the county court summons and judgment which was made in default were all served at my previous address. I therefore issued an application for judgment to be set aside and have been given a hearing date in March. Since then MEIII (who are actually Marlin who apparently bought the debt of Blackhorse) have written to me with copies of all the letters of assignment that they sent to my previous address. They also attached a copy of the claim form etc. they are willing to consent to set aside the judgment on the basis that there would be no order for costs in relation to my application. willing to remove the interest and costs which were added when the claim was issued. willing to reach an agreement and enclose a statement of means for me to complete. ask for a response in 14 days if agreement is reached they would draw up an appropriate Consent Order for us to sign and send to the court and ask them to remove the hearing from the list. What I am unsure of is if I do all will there still be a judgment against me or will it be removed from my credit file? The debt is for just under £11k it wouldnt be in the small claims court from what I can gather if I defend it on the basis that I never received any assignment notice etc the fee is £210.00. Would it be advisable to come to an agreement and if it is by a consent order will I still have the judgment registered against me? your help would be much appreciated! Thanks
  4. Earlier this year I was getting a lot of letters from some solicitors, claiming that I owed American Express money. Unsure why, I phoned them up to inform them that I had never had any dealings with them, no credit cards or anything else. After that I presumed the matter resolved. Anyway, in February I received a letter to say that it had been taken to court. I submitted a defence online via MCOL stating that I had never had any dealings with American Express, never had a credit card in my life, that there had been nothing submitted to show that I owed anyone money (e.g. credit agreement) and I refused to pay it. It said the defence was submitted so I left it at that. Lo and behold exactly one month later, I got a letter saying that a default judgement had been made against me as I had apparently not replied to the claim form. I logged on to MCOL and it shows the date I submitted my defence and also the date judgement was made. Nothing else. Sorry for the long post but could anyone tell me what action I can take, I'm obviously not happy and have no idea of what's going on. Can I appeal this at all? Thanks for reading
  5. County Court Claim/Response packs Does anyone know how they are mailed out to us? First Class or Recorded or Special Delivery? Thanks
  6. Hi everyone i'm hoping you can help I had a personal loan and overdraft with natwest, unfortunately around 2 years ago i was made redundant and i could not afford to pay it. employment has been sporadic and i've struggled to keep paying the mortgage never mind other debt. I have wriiten to them when this happened and explained the circumstances to no avail. It was then passed to eversheds LLP, so 8 months ago i wrote to everasheds explaining my circumstances and asked for the following: • Balance owing • Terms of repayment and interest/penalties accruing • Type of agreement • Arrears • Any insurance policies attached to the agreement They recently replied 2 weeks ago apologising for the delay saying they cannot find my original signed cca but could offer a one for comparison and supplied the rest of the information such as balance owed etc. Today i have recieved county court summons from natwest and i have no idea what to do. All it says in the brief details of claim is "monies owed under a credit agreement Value £9169 i always thought that without the signed cca they have not got a leg to stand on is this correct? Any help with defending this case would be really appreciated, and i thank you for your time in advance
  7. Hi all In Sept 2012, I was taken to a County Court for an alleged debt of around £277.00. I had been disputing the debt with the company and their debt collectors for a number of months prior to this as I had evidence I had already paid it, (Cashed Cheque Going Through The Bank). Anyway I go to Court on the allotted day and time and find the other party hasn't turned up and is not going to turn up. I see the Judge, show him the evidence (cashed cheque and bank statement) and he strikes out the claim. Now six months later, the company concerned and debt collector are saying they have never had the payment and want to reinstate the claim again unless I provide them with the evidence proving the payment. Now I have sent this evidence 6 times, twice to the company by recorded delivery before the claim was started, once to the debtor collector by recorded delivery prior to the start of the claim. Once more to the company by recorded delivery after the claim started as this was required by the Courts, and once more to the debtor collectors, again by recorded delivery after the claim started as this was required by the Courts. (I also sent copies to the Courts 14 days prior to the hearing). If they have had it that many times, signed for it on each occasion why should I have to send it again and if they cannot look after it then what has changed to make me think they can look after it and importantly deal with it now. My question really is, are they able to reinstate the previously heard and dealt with claim as it seems to me that they just want to ignore the District judge because they didn't agree with them. I have read somewhere that if they want to do this, they must do it within 14 days of the judgement being served. Judgement was served over 6 months ago. I look forward to some advice so I know where I need to go. Thanking you in advance. J
  8. Hi I have received a county court claim for repayment of a loan I took out in 2003. The loan includes PPI and the claim includes collection fees ? Is it possible to defend the PPI and collection fee part of the claim ? Thanks for any advice
  9. Received a summons from Northampton ccbc in December 2012 regarding an outstanding overdraft debt from 2008 the claimant is 1st credit and their solictor is moon beavers. I registered online with MCOL and acknowledge service in the required time I then submitted my defence(embarrased) to defend in full. i sent a dsar to the original creditor (halifax) and a cpr 31:14 and a cca to moon beavers and 1st credit all went recorded delivery, proof of signitures printed from the royal mail web site and the £10 postal order has not been cashed yet . To date i havent received any documentation from the Halifax or 1st credit. I received a letter from moon beavers which said notice to transfer solicitor and then last week i had a letter from 1st credit stating they were going to apply for a summary judgement based on my defence .I contacted the halifax yesterday to find out why they havent sent any documents they kept me on hold for 10 mins and transfered me to 1st credit i hung up. I have checked my online status with MCOL and shows my defence as the last document submitted. My question is can i go for a strike out based on the fact it is now well over 33 days since i submitted my defence and that they have not complied with my request for documentation under cpr 31:14 and if yes how do i go about it. thanks in advance Wae80
  10. obtained 2 money judgments last year and have started enforcement action. judgment debtor has now issued proceedings against me for sums that have already been decided in court. this has now delayed order for sale for another three months. judgment debtor now has an unless order to file a further statement of case and set out full particulars of the claim. what if they are still identical to what has already been dealt with?
  11. Hi firstly I will say I am new here as I need some help from people with a greater knowledge than I have. I thought I knew about this stuff untill now! This is a completly different ball game! I will start by saying I received a letter from Northampton about 10 days ago which was dated 30th Jan 2013 and gives me 14 days to respond! I sent back the acknowlege of service back (received by Northampton on 18/02/2012) an need to get my defence in by Monday 4/03/2012 so not long to formulate this! Can anything be done about the time I have to respond as I don't have much time left? This is Welcome Finance trying to take me to court (CCJ) for a loan I had with them way back in 2006 which I thought had become statute bared. I wont bore you with the why I havent paid it etc as that is in the past and have to deal with this now and by the looks of other users the next few months. I took out a loan with Welcome in early 2006 for £4000 and had to take the usual ppi etc before they would give me the loan (By some miracle I actually found the original agreement) Anyway The last time I had any contact or made any payment to Welcome would have been late 2006 or at the latest Very early 2007. And I will also point out I have not claimed against them for my ppi back so that is still included in the ammounts below. I have not heard anything from them due to relocation untill this Claim form turned up at my parents address, which I found strange as I have'nt lived there in over 10 years! and my current address is on my credit file and electoral roll. Thats a bit of the background I will give you the Particulars of the claim It says "The claimant claims for sums due under a/various Credit agreement(s) related only to money regulated by the Consumer Credit Act 1974 entered into between the claimant and the defendent. The agreement(s) was/were terminated upon the defendent failure to comply with the terms of the agreement(s). The claimant complied with section III and IV and Annex B of the PD pre-action conduct. And the claimant claims: Personal Account number xxxxxxx ballance of 7,408.94 as of the 11/12/06 Interest under s69 of the County Court Act 1984 at the rate of 8% a year from 11/12/06 to 30/01/13 of 3,640.73 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.62 AND costs" Thats what the perticulars are and the company dealing with this is Hegarty LLP I have a few questions I hope you will be able to help me with! I think this is statute bared so that could form my defence but to see if it is I need them to reply to my CPR 31.14 Request which I am not holding my breath on! I didn't receive a litigation threat letter so is that grounds for a defence? No recolection of a default notice but it does show on my file also no termination notice so is any of that a basis for defence? My agreement may be unenforcable (It looks like it could be but needs an expert eye to confirm or not) so could anyone have a look if I scan it in and upload it? By the fact they have sent this to my parents address could that be viewed as them trying to get judgment by default as my actual address is on my credit file and I am on the electroal roll, will that help in my defence? And lastly in the claim they are trying to clim interest on interest as the loan was taken out in 2006 for 36 months and the totals quoted are including the original interest on the loan and the 8% from 2006 that they can claim! This surly isnt correct? they can't claim interest on interest can they? Thank you for listening and sorry for rambling on and many thanks for your help in advance.
  12. Hi I have received a Claim Form from Northampton county court regarding an overdraft of less than £3000, the account HSBC have closed. I have sent a letter to DG solicitors asking for CPR request last friday 20/7/2012 aslo I acknowledged AOS on time I phoned the court and they have received. But I could not postpone defence. The court says when I acknowledged I postponed to 30/7/2012. I do not think I will get reply from DG solicitors on time for court so I think I should better put in defence which would be for the enormous amount of charges put on the account in the last 10 to 15 years for which I am pretty sure are unlowful. I don't know how to write defence or what should I do.
  13. Morning. I have been away for the past three weeks and walked into my house this morning (about an hour ago) and found a letter on the doormat from Wessex Water threatening a County Court Claim for an unpaid Water Bill which has genuinely been overlooked. As it stands, I do not have £156 just to give away to the Water Company. My financial situation is absolutely dire at the moment as my house mate is making no contribution to Rent, Council Tax or anything else for that matter. But routinely helps himself to my food and electric, gas etc So I've stopped buying food for the moment and have made other arrangements to eat! Kicking him out is proving difficult but I'm getting there slowly. Basically, I don't want to arrange a repayment plan at this stage, because I simply don't know how my finances are due to pan out over the next 6 months. Long story short, I have a serious medical condition which will require surgery within the next month or 2. The recovery time is closer to 6 months and I am on Employment Support Allowance, DLA and the rest because I cannot work more than 10 hours a week without become physically and mentally exhausted. I also have reasonably serious Mental Health Conditions which certainly along with the other medical condition above doesn't bode well with stress at all......... I want to make it absolutely clear that I am not looking for a way of not paying the bill. Personally I am more than comfortable with paying the water bill. But my financial situation is constantly changing so I don't want to agree to say £20 a month because in 2 months I might not have it. Then again, I might have more. I have read that water is not to be considered a Priority Debt. If this is the case, why am I being threatened with a County Court Claim for £156? Can anyone suggest how I can tackle this one please? In the eyes of the Council with Council Tax etc, I am classed as Disabled and a Vulnerable Person if that makes any difference?! Is a £1 Token Payment Per Month an option for now until I know what my circumstances are? Also, because of the disability. I do use an awful lot of water (About £350 Per Years worth) Please ask if you need any further information. Thanks and hope you can help me out Shark
  14. Dear All I started a business up just as the country fell over: I'd wanted to own a bar for 20 years, and when I did I started at the worst possible time. Things went well for a while but I soon fell on hard times. My company (LTD) folded 2 months after being unable to pay a supplier over £20K, I switched to another for the last 2 months and paid cash. I'm not proud of owing this company; there is just nothing I can do. I have no job and no assets in which to pay them back. My one and only gripe is that our credit limit was £6k so why did they let us get to over £20k? However, my problem is that despite all the suppliers invoices being in the name of the LTD company, they have continued to take me and the other director to court in our personal names. We have pointed this out to them and they have continued regardless. The Court ordered on 1st October 2012 (this was listed as part of the order) a standard disclosure by list to reach ALL parties by 1st Dec 2012, they have not sent this and we sent ours by recorded delivery, we pointed this out and they once again ignored our email. Today the standard disclosure by list dropped (completed by their solicitor) through my door dated 17th Jan 2013; do I have any right to suggest that they have not adhered to the order made on the 1st Oct and have the case stricken out? Also why would they continue this in my personal name when ALL their documented evidence shows the goods delivered to the limited company? Surely they should be taking the LTD company to Court not me? Many thanks for any help or suggestions
  15. Hi, I received a county court claim pack from Northampton (CCBC) the claimant Welcome financial dated 28th may. I filed my defence on-line stating that this debt was statued barred etc. .on the 6th june. I did not hear anything after so i sent a email to the CCBC on 26th September asking what is happening with the case. Today i received an email back from CCBC Thank you for your email. I confirm that your Defence has been filed and, due to no response from the Claimant, the case has been marked stayed. Unfortunately, we are unable to amend the claim status without the Claimant’s confirmation. Please contact the Claimant with regards to this matter. My question is what do I do now to get this matter resolved also can I get the debt taken off my credit report because there was no payment made or contact with them for well over 6 years and they have somehow defaulted the debt on my credit report on sept 2011. Any help would be greatly appreciated Regards Jason
  16. Hi, I'm hoping for some help. I have a payday loan company chasing me for payment over the last couple of months and I simply havent been able to pay it back. This means a £300 loan is now up to £1000. They have constantly harassed me via email and text and phone. They have even rang my work constantly everyday speaking to the customer service department and even telling them they were calling from a payday loan company which was very embarrassing. They have now just sent me a text saying they have applied for a county court judegement and that if I arrange a payment plan this week they wont need to go for a attachment of earnings order. Is there anything I can do, what is the best course of action? Many Thanks,
  17. Hi All I parked in Bristol and paid the parking fee for the hired car I had, but I gave the car reg wrong F instead of S I have the receipts and the txt message. When I came out I had a parking ticket. I appealed but County Parking say I did not follow thier Terms and conditions and now want £50....Do they have any right to ask for this I can I tell them to do one ...lol I phoned them but they were very unhelpful and just said pay up or appeal again. Cheers
  18. Posting this with thanks to madpriest I don't know whether anyone else has posted this - I couldn't see it - This information supercedes all information regarding county court Actions etc. (1) You can no longer take your completed N1 to the local county court. You either have to do it online as MCOL or you have to send your N1 in to a central processing office. Note well that MCOL only allows around 1500 characters so if you have a long Particulars of Claim (POC) then you will need to send it in. (I personally think this is a better idea as a completed blue N1 naming the bank as a 'defendent; is a thing of great beauty !!) (2) Your N1 should not state a county court in the top right hand corner but it should contain "CC MCC NORTHAMPTON". All Money claims are now nominally issues from Northampton (3) On the new N1 there are the words "You must indicate preferred court for hearings here" ---- At this point insert the name of your local county court. What happens is that the case gets formally 'transferred' from Northampton to your local county court. (4) You can get the most up to date N1 here http://hmctsformfinder.justice.gov.u...s/n001-eng.pdf (6) Payment - You either have to send a cheque for the fees, or a postal order. If you want to pay by card, you need to send a covering letter, in LARGE TYPE, asking them to contact you and give them a phone number. (This if course is the governments very well thought out plan !) (7) Allocation. I haven't got here yet. My understanding is that you get a communication from the County Court Money Claims Centre telling you about allocation and where you can get the form. They no longer send the allocation questionnaire to you. (8) Addresses as follows: (8.1) ENGLAND County Court Money Claims Centre POBOX 527 Salford M5 0BY (8.2) WALES POBox 552 SALFORD M5 0EG (8.3) SCOTLAND (Totally foreign country - I have no idea) PHONE for both 0300 123 1372 (9) Now there is an e-filing email ccmcce-filing@hmcts.gsi.gov.uk but this is not to be used for filing money claims. I've got no idea what its for but it could be for filing your allocation questionnaires. (10) Upon allocation, the case is then 'transferred' to your local court. Good Luck everybody - I hope this has been helpful Madpriest
  19. I don't know whether anyone else has posted this - I couldn't see it - This information supercedes all information regarding County Court Actions etc. (1) You can no longer take your completed N1 to the local county court. You either have to do it online as MCOL or you have to send your N1 in to a central processing office. Note well that MCOL only allows around 1500 characters so if you have a long Particulars of Claim (POC) then you will need to send it in. (I personally think this is a better idea as a completed blue N1 naming the bank as a 'defendent; is a thing of great beauty !!) (2) Your N1 should not state a county court in the top right hand corner but it should contain "CC MCC NORTHAMPTON". All Money claims are now nominally issues from Northampton (3) On the new N1 there are the words "You must indicate preferred court for hearings here" ---- At this point insert the name of your local county court. What happens is that the case gets formally 'transferred' from Northampton to your local county court. (4) You can get the most up to date N1 here http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf (6) Payment - You either have to send a cheque for the fees, or a postal order. If you want to pay by card, you need to send a covering letter, in LARGE TYPE, asking them to contact you and give them a phone number. (This if course is the governments very well thought out plan !) (7) Allocation. I haven't got here yet. My understanding is that you get a communication from the County Court Money Claims Centre telling you about allocation and where you can get the form. They no longer send the allocation questionnaire to you. (8) Addresses as follows: (8.1) ENGLAND County Court Money Claims Centre POBOX 527 Salford M5 0BY (8.2) WALES POBox 552 SALFORD M5 0EG (8.3) SCOTLAND (Totally foreign country - I have no idea) PHONE for both 0300 123 1372 (9) Now there is an e-filing email ccmcce-filing@hmcts.gsi.gov.uk but this is not to be used for filing money claims. I've got no idea what its for but it could be for filing your allocation questionnaires. (10) Upon allocation, the case is then 'transferred' to your local court. Good Luck everybody - I hope this has been helpful Madpriest
  20. I have a question on my application form related to indefinite leave to remain. Do you or any dependants who are applying with you have any criminal convictions in the UK or any other country (including traffic offences) or any civil judgments made against you? Here is my situation: My wife got a parking charge notice from Brent Council, the PCN and all the letter mentioned below were sent to my old address as we moved home and didn't know anything about the pcn. The PCN turned into a charge certificate, then an "order of recovery" was issued and then a "warrant of execution" was issued from Northampton County Court. When we came to know about it after an year and bailiffs took £500 from us, we filed an "out of time" statutory declaration and that was successful, the letter mentions that "charge certificate", "order of recovery" and "warrant of execution" are cancelled by the country court and a letter from council mentions that. All the money was returned except for the pcn £65. Now in terms of credit history, we checked with registry limited and experian before the successful application for "out of time" and there is no judgement showing against my wife. Question: Is this a county court judgement or civil judgement, what is civil judgement? Should i put this as ccj or civil judgement, both no clear? regards, Raj
  21. I'd like to ask what the best way might be to collect money form Easyjet Airline Company Ltd. This is following a long small claim for flight cancellation. I already have a judgment from the County Court ordering Easyjet to pay me about £1000 but many weeks later they still have not paid. What method(s) of collection are known to be ineffective against Easyjet Airline Company Ltd? What collection action would people recommend? Transfer to High Court? Questioning (if so who)? Third party debt order (if so against RBS accounts, another bank or debtor)? Bankruptcy? Other? In return I will be happy to report back how I get on as this may well be useful for others who currently have cases stayed pending the ECJ ruling due to be published on 23 October 2012 and who may then also discover Easyjet's unwillingness to settle their debts.
  22. I received a letter out of the blue from NCC 26/09/12 this year re arrow global guernsey limited with bryan carter solicitors acting on their behalf with the particulars of claim being " the claimants claim is for the balance due under an agreement which is now all due and payable" " The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so" and the claimant claims the sum of ?? The claimant also claims interest thereon pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to 0.00 I sent a defence to northampton using a template either off here or another site cant recall correctly and cant find the letter i sent (aaaarrrggghhh) saying i didnt recognise the debt to arrow at all and that if the debt had been bought by arrow i did not agree to any purchase. I also stated that at no time have I entered into any agreement with arrow either in writing or verbally to pay any so called debt and that if arrow has purchased the debt then i believe the original debt has been settled. I then received a letter off bryan carter dated 29/10/12 saying that the where no longer instructed in connection with this matter I then received a letter off arrow with a notice of change of solicitors and was now being dealt with by their litigation team also it says We notice from your defence dated 28/09 that i state that i have no knowledge of the outstanding balance and that they confirm this matter relates to a CapOne CC opened 10/07 and that copy documentation regarding said account has been requested from the originating creditor and will be forwarded to you on reciept. The account was assigned to AGGL on or around 11/02/11 and notice of assignment was served on myself at this time. i do not have any letters from arrow from this date i have checked my credit file with equifax today it says ive had a Credit Card from Arrow Global Ltd (I) / XXX Start Date 19/10/2007 Date Updated 15/03/2011 Date Last Delinquent Date Satisfied Default Date 10/10/2009 My credit file does not have any record of original lender just arrow and that record is linked to a old address from 3 years ago I hope all this make sense to anyone because im confusing myself I have now received a notice of defence from northampton along with a allocation questionaire This is where i could do with a helping hand because i havent got a clue how to fill this in
  23. Issue Date: 08 Nov 2012 Amount claimed [£2000] - I have hidden the actual amount but it is justa tad less than this. Court Fee: £75.00 Solicitors costs: £80.00 Total Amount [£2000] – again actual total amount ishidden Claimant: SIGMA SPV1 LIMITED Address for sending documents and payments (if different): HL LEGAL & COLLECTIONS 1ST FLOOR GROSVENOR HOUSE PROSPECT HILL, REDDITCH WORCESTERSHIRE B97 4DL 01527 586517 [xxxxxx\xxxxxxxx] – my HSBC sort code and account ??? Particulars of claim: Monies due under an overdraft on current account [xxxxxx\xxxxxxxx]betweenHSBC Bank PLC and the defendant the benefit of which was assigned to the claimanton 21/12/2011. The overdraft terminated upon the Defendants failure to complywith the terms of the overdraft agreement. The claimant seeks interest pursuant to section 69 of thecounty courts act 1984 at the rate of 8% per annum from the date issue continuingat the daily rate of 0.41 Any payments or queries should be directed to the claimanton 01527 586594 (phone) or email info@hllc.co.uk I have been sent the following forms which I have not submittedyet. N1, N9, N9A,N9B On my credit file the HSBC account started June 2001. It is wasmarked as settled (balance £0) as March 2009. There have been no furtherupdates since then. I then have the following entry on my credit file for sigmared. Started Aug 1996 ??? with a default date April 2009, balance[£2000]. This entry is updated every month to date showing a balance of [£2000] I really do not want a CCJ on my credit history. However Ido not have the funds just yet but could if given more time. January 2013. Do I pay this now , fight it, or try and delay it. Overall IMUST avoid a CCJ due to my job. Any advice is really welcome.
  24. hi all, some help and advice sought. my daughter has today received a court summons issued by dtm legal in the northampton county court. all the papers enclosed are photocopies, including the supposed summons, there is a ordinary blank envelope enclose with no return address. there is a claim number stuck onto a couple of the enclosed documents. is this normal practice? the claim is in relation to an overpayment of wages paid to her from a previous employer back in 2008/09. she admits that there was an overpayment but not to the amount they are demanding, they have also added interest from april 2010 till sep 2012 at 8% per annum and a daily rate of 26p from then on and contiuing till judgement day. any thoughts/advice/ help as to where she stands and what to do from here would be greatly appreciated
  25. Apologies if I have posted in the wrong place. My husband had a store card which we ran into difficulties with and began to pay £3 a month as opposed to the £12 which is all we could afford. The payments were sent to CL Finance. These payments of £3 were cashed until June 2012 when we received a letter from Howard Cohen stating County Court action would be taken unless we could offer a higher payment. We politely wrote back explaining this was not an option and two weeks later a County Court form arrived from Northampton. We filled this out acknowleging we owed the money, filled out an income and expenditure form as requested and stated the monthly amount we could afford. We sent the form back to Howard Cohen within the time limit and a few weeks later received an Order from Northampton stating that they had entered judgement in favour of Howard Cohen and installments had been set at £288 per month! The Order stated that we had 14 days to apply for a Redetermination Hearing if we could not afford the instalment amount set. I cribbed a template letter from this site, emailed it to Northampton County Court asking for a Redetermination Hearing and continued to maintain the £3 a month payment to Howard Cohen. Weeks later we received a hearing date for a Redetermination Hearing for judgement to be set aside at our local County Court which my husband attended last week 31st October 2012. Howard Cohen sent no representative and the Judge agreed that the £3 a month was acceptable which was a huge relief!....however in this morning's post is a letter from Howard Cohen arrived stating that:- "You have already been advised that Judgment has been obtained against you in the .......County Court claim number >>>>>>>>>> You have failed to maintain repayment under the Order as instructed by the Court. Unless you pay arrears of £432 immediately to Lewis Debt Recovery we will instruct the Court to take one of the following actions: Send Bailiffs or apply for an Attachment of Earnings Order Once payment of the arrears hasw been made,the judgment will be satisfied and you will be able to apply to the Court for a Certificate of satisfaction which may improve your credit worthiness!" I am very confused as I thought the whole point of applying for and being granted the Redetermination was to set the installment amount at a realistic level; and if the judge has agreed how can Howard Cohen continue to hound us? What do we reply? Please help the stress and panic is beginning all over again. thank you
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