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Found 375 results

  1. Hi all As I prepare to challenge failed FOS claims I thought I would ask if anyone has done this successfully and can share their experiences and statement of truth. FOS determined that they could not handle an Amex complaint because PPI started before the regulations started, because I ticked the PPI box with Cap1 then I needed PPI, and finally currently that a PPI form Egg (Canada Square) sent them contining neither yes or no I want PPI meant that I wanted it... Finally I would like to claim for the time I have spent putting together my claim... would this be acceptable to the court??? ANY help advice would be gratefully received, thanks
  2. Hello everyone Last August (2017) I parked in a small carpark outside a parade of shops and went to have lunch with family. There was no pay & display machine and I genuinely thought it was free parking. Some time later, I received a letter telling me that my registration number had been detected on the way in and out of the carpark and I had overstayed the allowed amount of time. They wanted me to pay a fine. I ignored the letter, believing that it was not enforceable, and also ignored one or two reminders. A few days ago I received two pieces of correspondence. One was a Particulars of Claim from the parking company, filling two pages, quoting a Claim No. and with an accompanying letter saying that a copy had been filed with the court. The other was a Claim Form from County Court Business Centre. This also included information in the Particulars of Claim box but, interestingly, this particulars of claim was different and very much briefer than the one sent to me. I'm not sure if that is significant. The longer Particulars (the one sent direct to me) mentioned such things as "failure to adhere to advertised terms & conditions", "breach of contract for failing to adhere to the terms & conditions" and that their terms & conditions were "accepted by conduct" (ie presumably by me parking). They are claiming £160 plus £25 court fee, plus interest. My contention is that, no matter how obvious they claim the signage to be, if I didn't see them then they were not obvious enough. Surely it is their responsibility to make sure I see it, not mine to look for it. If I didn't see a sign then I couldn't have agreed to their conditions and no contract was made. Unfortunately, the carpark is nearly 100 miles from where I live and I cannot easily go back and check the signs. I have seen a sticky thread (with the confusing title 'CPR 31.14 Request to use on receipt of a PPC') which suggests I should ask the parking company for a copy of their contract with the land owner. Surely that is confidential and they will refuse/ignore my request? The same with asking for copies of planning consents relating to erecting signage. What if the documents cannot be secured in time for me to use them in my defense? Is there any way for me to ask the court to suspend action while I wait to receive requested information from the claimant? I am up for fighting this, if you guys think there is much chance of winning, but I am not very confident about this sort of thing. If anyone is prepared to hold my hand and walk me through it, I'll have a go. Can anybody help me? The issue date on the court Claim Form is 21 May 2018. Thanks, John
  3. Claimaint: Vehicle Control Services Solicitors: None identified Date of Issue: 19 Apr 2018 Particulars of Claim: 1.The Claim against the Defendant is for breach of contract in respect of breaching the Terms and Conidtions set on private land. The Defendant was issued with a charge notice and has failed to settle their outstanding liabilities. 2.At all material time the Defendant was the registered keeper and/or driver of the vehicle identified in the Particulars of Claim. It is alleged the Defendant breached the Terms and Conditions of entering private land as detailed in the Particulars of Claim (to follow). 3.The Claimant seeks the recovery of the CN and interest under Section 69 of the County Courts Act 1984 at the rate of 8% at the same rate up the date of Judgement or earlier payment. I will provide the defendant with seperate detailed particulars within 14 days after service of the claim form. Claim is for £160 + £25 court fee = £185 ---------------------- Hi, have received court papers wrt the above Basic summary of events: -NTK (not me) received 20/4/2017. Issued 13/4/17 but for contravention date 2/4/17. Due to easter holiday this meant >14 days so POFA does not apply -I appealed on the keepers behalf. VCS say I selected the driver option. Have no recollection of this and they have been unable to provide evidence of this being selected. In my appeal wording I did not say I was the driver. -VCS pursuing me on assumption I am driver. Initially said they had CCTV, now saying pursuing based on my admission in the appeal. Don't actually think I've personally received a CN from them contrary to their PoC. -I don't actually think they have ever issued me with a charge notice. Happy to take this to court and defend myself Submitted my AoS 23/4/18 and also selected contest jurisdiction due to the byelaw issues at LJLA, however have to pay a large fee ~£200 to pursue that. Is it worth pursuing the contest of jurisdiction? I think I can make a robust defence in any case based on other threads I've read on here and Pepipoo. Can I claim the fee back if successfully contest jurisdiction? Advice re next step would be appreciated thanks in advance
  4. Moriarty Law have issued proceedings in Northampton County Court against me for a debt from 2013 from Mortomile Finance/Wage Day Advance. Now i probably do owe this debt but should i challenge that they actually have all the right paperwork to make this enforceable. The debt looks to me roughly 350 pound higher than it should be. What do you think the best thing to do should be. Notei have just got off holiday and came back to this so only have a few days to respond, so if anyone could reply quickly that would be great. thanks all
  5. Hi I hope you are all well. I have recently received a county court claim from VCS. It was for parking on the premises shared by a few different businesses. I went to the gym that evening and had to park a bit further out, not realising that there were boundaries set for the different businesses on the premises. The signage looks exactly the same unless scrutinised up close. I cam out out of the gym and found a ticket stuck to my window. I queried it with the staff at the gym a few days later and they said there was nothing that they could do. Lots of their members had received these fines. Their advice was to write them a letter or ignore it. Needless to say, I never parked there again but that didnt help the fact that I already received a CN from them. I have completed the details below and also logged onto MCOL and did the AOS Please advise what next step should be. I have also received a letter from VCS so looks like they are going it alone, without a solicitor. Thanks WS Name of the Claimant ? Vehicle Control Services claimants Solicitors: No Solicitor listed on claim form Date of issue –08 May 2018 What is the claim for – 1.The claim against the defendant is for breach of contract in respect to breaching the terms and conditions set on Private land. The Defendant was issued with a charge notice (CN) and has failed to settle their outstanding liabilities. 2.At all material times the defendant was the registered keeper and/or driver of the vehicle identified in the provided particulars of claim. 3.It is alleged that the defendant breached the terms and conditions of entering private land as detailed in the particulars of claim (to follow). 4.The claimant seeks the recovery of the CN and interest under section 69 of the conty court act of 1984 at the rate of 8% at the same rate up to the date of judgement or earlier payment. I will provide the defendant with separate detailed particulars within 14 days. What is the value of the claim? £185 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Claim has been issues by PCN (Parking Company) Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A I also found the below CPR 31.14 to send to VCS.. I will get that in the post tomorrow unless you need more information from me.. Do I need to send a copy to the court as well and do you recommend recorded delivery of the CPR 31.14? Thanks __________________________________ To VCS [Your address] . [Their address [solicitors] . [Date] . Dear Sir or Madam, . Re: (Claimant's name) v (Your name) Case No: . CPR 31.14 Request . On (date) I received the claim formicon in this case issued by you out of the (Name) county courticon. . I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. . Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: . 1. the contract between [parking company name] and the landowner that assigns the right to enter into contracts with the public and make claims in their own name,. . 2.proof of planning permission granted for signage etc under the Town and Country Planning Act 2007 . 3.copies of the notice to driver, notice to keeper and any other correspondence from [insert Claimant Name] & [insert Solicitors Name} to the defendant that they intend to rely upon in court. . You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are disclosed at your earliest convenience.. . Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. . Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. . Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. . In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. . If you are unable to comply with this request within 14 days and believe that you will never be able to comply with this request please confirm in your response. . You are reminded that as this case is yet to be allocated to a track, CPR31:14 does apply, a refusal to comply because you 'think' at this stage you dont have too will be used against you in any filed defence. . Yours faithfully . TYPE YOUR NAME DO NOT SIGN IT
  6. Hi all, new to CAG but hoping you can help! My husband has received a claim for for a PCN over a year ago which I feel is unfair and would strongly like to contest on the basis that none of the parking machines were working on the night he parked there. I have just completed the Acknowledgement of Service online amd intend to request info under CPR 31:14 but I would really appreciate any help you can offer, particularly with respect to what I should specifically request. Thanks in advance!
  7. Hi all, I have untill 24th July to send my defence to county court and serve copies to Gladstones, on entrance to car park there is a sign which states £1 per hour parking, it shows on my pay n display ticket that i paid £5 ( I still have original ticket),which i thought would give me 5 hours parking as needed just over 4 hours to and fro from car park, there are no other signs around car park except next to ticket machine, which shows £1 for 1 hour parking ,£2 for 2 hours parking, £3 for 3 hours parking and £4 for 4 hours parking, then jumps to £6 to park all day, but I didn't need all day parking as I said, just over 4 hours I paid £5,the ticket machine took my £5 but only allocated me 4 hours of parking, no money returned to me either, I didn't realise at that time that machine had only given me 4 hours parking, I returned to car prk to find a pcn had been put on my window for 11 minute overstay of 4 hours, the pcn says it is for breaching the terms of the contract, if I had returned by the 4 hours and paid another £1 it still would of been to the value of £5, to which I had already paid at time of parking any help would be gratefully accepted
  8. Hi there, I received a county court claim form with the date of service 19th june with no particulars of claim attached. I filed my AoS and i have been waiting for the PoC but they still haven't been filed . My defence date is tomorrow (17/07/18) so im really at a bind as what is required of me. I'm thinking i have to send in a defence but i'm not sure what to write the defence against as im sure its defending the points set out in the PoC. Its briefly outlined in the "Brief details of claim" on the front of the form but besides that...nothing. Should i write my defence up to defend against the brief details of claim? Really appreciate any help you can give me! Thank you
  9. Name of the Claimant ? JC International Acquisition LLC Date of issue 20/09/2017 The particulars of claim state: 1,the claimants claim is for the balance due under an agreement with talk talk limited dated 26/02/2013 which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. 2. the defendant agreed to pay monthly instalments under account number ....but has failed to do so. and the claimant claims the sum of £194.33. 3. 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 8.00% per annum amounting to £15.54 Total amount including fee's is £284.87 I have never agreed to make monthly instalments as I am 99% sure I have never spoken to them regarding this debt and I have definately never responded to any letters. What is the value of the claim? £284.87 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Talk Talk Internet When did you enter into the original agreement before or after 2007? After but not sure when 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. JC International Acquisition/Moriarty/Talk Talk? Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I can remember Did you receive a Default Notice from the original creditor? I dont think so, but can not be 100% sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments? Dreadful service, broken promises and extremely rude customer services What was the date of your last payment? 2013 i guess 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 I remember telling them that I wanted to finish because I was unhappy with the dreadful service and if it wasnt rectified I would swap to sky who I have been with and am still with to this day So any advice gratefully received on how to deal with this matter The issue date of the claim was 20/09/2017 and I received it on unknown (as i have issues dealing with paperwork and opening mail) but soon after the issue date I am sure. I am sorry but only realised this evening I need to have my defence in by tomorrow at 4pm...... .. I was sure I had 28days after acknowledging service ( Your acknowledgment of service was received on 09/10/2017 at 08:02:21) but now realise after a panic that it is only 14days Thank you in advance for any advice you have, I am looking now for opther threads to see what I can put as a defence. Sorry Hi I recently received a claim form from the County Court Business Centre in Northampton, by Moriarty Law on behalf of JC International Acquisition for a Talk Talk debt. I have seen a similar problems on here to mine but I am not 100% sure what to do next! Is this the kinda defence I want to be submitting, obviously editing point number 2. I now know that immediately after acknowledging service I SHOULD or done a thing called CPR 31.14 to the solicitors............... so how should I go about approaching this now? 1. The Defendant contends that the particulars of claim are vague and generic in nature.The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.The claim is denied. I am unaware of what debt the claimant refers to.I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 06.10.2017 and wich the claimant received it on the 09.10.2017 The claimant has failed to respond. 3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) Show and evidence the nature of any breach;and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Should I send this CPR request off to Moriarty today by Special delivery? CPR Template removed If I dont get a response (which is understable because I have left the matter so late), I will go ahead and just file this as my defense (Send the above CPR 31.14 off tomorrow) and hope for the very best 1. The Defendant contends that the particulars of claim are vague and generic in nature.The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.The claim is denied. I am unaware of what debt the claimant refers to. I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent. 3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) Show and evidence the nature of any breach;and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974. 7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  10. Hi Everyone!! Please see below brief details of the case to date. In August 2017 my aunt and I had gone to visit a family friend who lived in a private apartment complex. She was the driver and is registered keeper of the vehicle. It was late at night (i.e. 10pm) and the family friend assured us that it would be fine to park our car in the private car park for the flats. When we returned to the car we noticed a parking charge notice stuck to the screen. My aunt was really disappointed as we could have easily parked on the street for free. I had once previously written to a private parking company on a 'without prejudice' basis and had offered to settle the PCN for £10. As it had worked before I thought it would work again. So I told my aunt that I'll write to them and offer to settle the PCN on her behalf. I did so but the parking company did not accept the offer and wrote back to me stating that my appeal was unsuccessful. So then I let it be. I then received a notice from them in September 2017 which I ignored. After which I received a Letter Before Claim from Gladstones Solicitors in November 2017. I responded to the LBC stating that the alleged debt is disputed and any court proceedings will be vigorously defended. I also brought to their notice that their LBC was defective and did not comply with Para 3 of the Pre-Action Protocol for Debt Claims under the Civil Procedure Rules 1998. I asked them to send me a compliant LBC. I did not receive a reply to my letter so in December 2017 - I decided to respond to their LBC online by stating that I disputed the debt as I did not want to be out of time of the 30 day reply period. I did not receive any further correspondence from Gladstones. I then received a County Court Claim Form in March 2018. I acknowledged service and then filed a defence within the time period. I then received a Notice of Proposed Allocation to the Small Claims Track at the beginning of April 2018. I then filed form N180 DQ within the time limit. I then received a Notice of Transfer of Proceedings at the end of April 2018. Finally, I received a Notice of Allocation to the Small Claims Track (Hearings) in May 2018. No date for the hearing was fixed or specified in the document. However, it did state that - "each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing within 21 days of the service of this order". As I was flying abroad the next day I was not able to send any documents to the court or the claimant. I have only returned back to the UK yesterday. I have received a witness statement from the Claimant along with Exhibits. I still have not received any further correspondence from the court regarding the date of the hearing. MY QUESTIONS: 1) Am I out of time to file a Witness Statement and other evidence? or will I have time until 14 days before the hearing date when it's fixed? 2) It appears that the Claimant is also out of time in filing their Witness Statment - the date of the letter from the court was 23 May 2018 and the letter enclosing the claimant's witness statements which I received is dated 20 June 2018. If we add 2 business days for deemed service and then add 21 days then the date by which the Claimant should have served their WS should have been 18th June 2018 Is that correct? 3) What should be my plan of action going forward? Should I serve my WS and documents regardless as the date of hearing as not yet been fixed? If so, can someone help me with drafting one? My main argument is that I was neither the driver or the registered keeper of the vehicle so that claim is against the wrong defendant. I have attached all the relevant documents and correspondence for reference. I would greatly appreciate if someone can advise me on what I should do in the current circumstances. Thanks in advance. Further documents... Further Exhibits attached to the Claimant's WS... Please see below the Defence that I had submitted: 1. The Defendant denies any liability whatsoever to the Claimant. 2. The Defendant denies being the driver and/or registered keeper of the vehicle at the time of the incident. The Defendant is not therefore liable for the claim and invites the court to give summary judgment pursuant to CPR Rule 24.2 against the Claimant as having no real prospect of success and there being no other compelling reason why the case should be disposed of at trial. 3. Notwithstanding paragraph 2 above, if the Claimant is intending to pursue this claim against the Defendant on the basis that the Defendant is the registered keeper then the Claimant has failed to show that the conditions for recovering this charge under Schedule 4 of the Protection of Freedoms Act 2012 have been met. The Defendant disputes that any of the conditions necessary for a claim to be pursued against the keeper of the vehicle have been met. 4.a) Notwithstanding paragraph 3 above, no evidence has been provided to show a valid Notice to Driver was given to the driver in accordance with Paragraph 7, Schedule 4 of the Protection of Freedoms Act 2012. 5. It is believed that the Claimant has no standing to bring this claim. The Claimant has failed to establish their legal right to bring a claim either as the landholder or the agent of the landholder. Strict proof is required that there is a chain of contracts leading from the landowner to the Claimant. Thus, the Defendant disputes that the Claimant has the authority to issue parking charges on the land in their own name and that they have any locus standi to bring this case. 6. If the driver on the date of the event was considered to be a trespasser, and not allowed to park on the land, then only the landowner can pursue a case under the tort of trespass, not the Claimant, and as the Supreme Court in the ParkingEye Ltd v Beavis [2015] UKSC 67 has stated, such a matter would be limited to the landowner themselves claiming for a nominal sum. 7. The Claimant might argue that the Supreme Court’s decision in Parking Eye v. Beavis is applicable. The Defendant will argue that the present case meets none of the conditions that the Supreme Court stated were required for a parking notice to be exempt from the well-established principle that penalty charges cannot be recovered. The main difference is that the Supreme Court determined that, in a retail park, there was a public interest in ensuring a turnover of visitors that justified a disincentive to overstay. there is clearly no such interest in a third party such as the Claimant in this case in attempting to impose conditions in a residential car park where there is no turnover of visitors and the vehicle was not parked in pay-and-display car parking. 8. The Defendant also disputes that the Claimant has incurred £50 solicitor cost and interest. The Particulars of Claim are spectacularly deficient and woefully inadequate to show a cause of action. 9. The Claimant has not complied with CPR Rule 16.4. The Particulars of Claim contains no details and fails to establish a cause of action which would enable the Defendant to prepare a specific defence. It just states “parking charges” which does not give any indication of on what basis the claim is brought. There is no information regarding why the charge arose, what the original charge was, what the alleged contract was nor anything which could be considered a fair exchange of information. The Defendant therefore asks that the court strike out the Particulars of Claim pursuant to CPR Rule 3.4(2)(a). 10. Finally the Claimant's Letter Before Claim dated 13th November 2017 did not fully comply with the Pre-Action Protocol for Debt Claims. The Defendant responded to the Letter Before Claim on 08 December 2017. However, the Claimant did not give the Defendant at least 14 days' notice of their intention to start court proceedings pursuant to paragraph 8.2 of the said Pre-Action Protocol and issued proceedings without notice. jpg2pdf.pdf
  11. Hi everyone I have just joined the CAG as I was told this site has helped many people in trouble am I am in trouble with Lowells for an old telecom debt, they have taken it to Northampton county court and a judgement has been passed without me knowing, want a payment of £50 commencing next what can I do about this I feel it may be too late???? Please can someone hlp me. Regards Iceblock
  12. Good afternoon, or is it? I returned home this afternoon to find a card small card posted through my door, from county court bailiff. I was very surprised, really, and contacted the number straight away. The bailiff answered the phone, seemed pleasant enough, and explained that the visit was in relation to a debt with Cabot finance, outstanding CCJ. He said he couldn't return today, due to having to be at a eviction! He also complained about being the only county court bailiff in the area. He said he might be able to return tomorrow, and he has some paper work for me to fill out? I have dealt with other bailiffs before over council tax, and have always found them to be very polite and reasonable and I've always been able to set up a payment plan, but I've only ever owed a few hundred pound before, this is a massive sum, and I can't afford to pay this back all at once. Anyone know what will happen when he returns tomorrow? Will he allow me to set up a payment plan? I'm so annoyed with myself, as I've literally just got myself all up to date with all my debt, a considerably small sum, but a lot to me.
  13. Hi, It’s currently 4:30am and haven’t been able to sleep tonight worrying about this situation I find myself in so apologies in advance for bad spelling/not making sense. I opened a littlewoods account around 2/3 years ago now when I’d lost everything and was immature and stupid I ended up maxing out the account to a total of £600...100s of letters/phone calls of being ignored I’ve finally been hit with a county court claim. Came on the 4th but had the date of 1/06/18 on it. I briefly read through it and started to panic on how real this could be getting. I haven’t filled anything in I was just going to ignore it and just let things plan out as I did do with quickquid years ago which just gave up but reading more into the forums here and the words county court are starting to seem more serious. I have no job and has been like that for 6 months now, No money at all and living with my mum. We’re set to move in a few months so If I just ignored what will happen? I’ve not once been in contact with them like most have on here it’s just been a straight case of me ignoring it whilst giving myself a slap everytime a letter came through the door asking myself why was I so stupid back then. if someone could help with advice I would really appreciate it, Also my credit rating is so bad and I really don’t expect to be looking for any credit related items in the next 5-8 years so would an CCJ really affect me? Lowell’s now ask for a sum of £860 odd in total Thanks and sorry for any ignorance in this message
  14. Name of the Claimant- Asset Link Capital (no5) Date of issue –05 Oct 2017 What is the claim for – . Particulars of Claim: 1.The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced .....and opened effective from 22/11/1999. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. 2'The Defendant failed to make payment as required and by 26/03/2015 a default was recorded. 3.As at 30/09/2016 the Defendant owed Barclaycard plc the sum of £5288.34. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 30/09/2016 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. 4.And the Claimant claims- 1. £5388.34 2. Interest pursuant to Section 69 county court Act (1984) at a rate of 8 % per Annum from 30/09/2016 to 04/10/2017 of £409.55 And thereafter at a daily rate of £1.12 to date of judgment or sooner payment. Date 04/10/2017 What is the value of the claim? £6207,89 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? 6th November 1999 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- Asset Link Capital (no5) Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I still have it Did you receive a Default Notice from the original creditor? Yes I still have it Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? I broke my ankle on or around the 18th March 2014 and was made redundant about two weeks later. I had a part time job then and was struggling financially. I now work in the gig economy being paid a fee for each job completed and things are even worse. What was the date of your last payment? 4th December 2014 £53.00 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 they reduced the interest and allowed minimum payment I then received various letters and statement of account from Link demanding payment. They also telephoned and I explained I had no means of paying them. On the 14th August, 2017 I received a letter from Link giving me 14 days notice that the account would be passed to Kearns Solicitors (which I have found is owned by Link). I thought it was time to do something about it. I then wrote to Link on the 18th August 2017 using the template on this forum offering them £2200 as full and final payment. I said my mother would lend me the money. I also explained my employment status and income . They did not reply or acknowledge the letter. On the 1st of September I received a Letter Before Action from Kearns demanding £5288.34 within 14 days. I wrote back to them on the 6th September enclosing the Link letter and my reply. I sent it signed for. It shows they received the letter on the 7th September on the Post Office track and trace. A few days or weeks later a Miss called from Kearns and I explained to her about my written offer and my letters. She then called me back saying Link had put in a counter offer of around £4300 and that I had so many days to accept it. I explained that £2200 was all I could offer. I asked her to reply to my letters and give the counter offer in writing. She declined . I had meant to write to them again but I received the Claim form on Monday 9th of October 2017. I have now drafted a letter to Link (using the template on the forum) asking for a copy of the original credit agreement and I intend to defend the case. I intend to send the letter to Link and the Defence and Counterclaim on Monday Can I put in a counter claim for the distress they have caused by not replying to my letters and for saying I owed Barclaycard £5288.34 and £409.55 interest on the particulars of Claim? If so how much? Barclaycard (but the original account was with Egg a division of Prudential Banking Plc. I have a card issued in 12/05 still in my possession number ...... I have another card with the same number which expired in 11/11. I have a copy of the original Egg Card Agreement dated 6th November 1999 but it does not have a number and I have not signed my copy. I think they sent me the card regardless. I think it was transferred to Barclaycard in May 2011 when Egg sold their business to Barclays. I have a copy of a letter from Egg in response to my complaint about PPI dated 21 July 2011 and it refers to account no ...... I was then issued with a Barclaycard .....in 10/11 Any help would be greatly appreciated.
  15. Hi All, Looking for a some advice regarding the following situation, i've bullet pointed to make it easier to read: I recieved a claim form from County Court Business Centre, Northampton with an issue date 6th April 2018 and claimant was Shoosmiths LLP, amount being £657.02 Claims form stated day of service is taken as 5 days after issue date which would be 11th April and giving 14 days from then to respond (25th April). I agreed to debt and completed form N9A (admission form) and returned to Shoosmiths (as the County Court Form advised) with my offer of payment. I sent this form to them on 21st April first class and obtained proof of posting. On Saturday i recieved a Judgement for Claimant form dated 26th April. I contacted Shoosmiths who said they did not recieve my N9A form until 26th April and as such judgement was correct (it appears they are willing to accept offer of payment though). Spoke with Court and nice lady there did agree that she was surprised they are saying they did not recieve form until 26th April as it was sent first class but there was little to be done other that dispute judgement. This will cost £250 with no G'tee of success. So questions: Is it worth disputing for £250 and if i win can i claim that £250 back? Should i just role with judgement, contact Shoosmiths with offers of payment and then once paid get a certificate of satisfaction from court after that date? Look forward to thoughts on this.
  16. Hi. i have read through quite a few similar threads (Including one very similar and very recent), but will submit my own anyway. Name of the Claimant ? Asset Collections Date of issue – 01 jun Date to acknowledge) = 19jun date to submit defence = 03JUL What is the claim for – 1.Asset Collections & Investigation claim this amount in respect of an unpaid loan funded by The Lending Stream. The defendant failed to abide by the terms of the contract. Asset Collections & Investigation purchased this debt from The Lending Stream and subsequently sent a notice of assignment to the defendant to advise. 2.The defendant has failed to respond from the Claimant thus denying the claimant any opportunity in assisting the Defendant in attempting to bring the matter to an amicable Conclusion 3.I will provide the defendant with seperate detailed particulars within 14 days after service of the claim form. 4.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of %8 a year from xx/08/2016 to xx/05/2017 on £1700 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.40 What is the value of the claim? £1880 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Payday Loan 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. Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my knowledge Did you receive a Default Notice from the original creditor? Not to my knowledge Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not to my knowledge Why did you cease payments? Payday Trap, buried Head in the sand What was the date of your last payment? Jan14 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 planicon? No Timing on this is incredibly bad, i was away and was only able to open the claim letter on the 14th (At which point i acknowledged it) Not yet sent CCA or CPR - will be on that tomorrow morning recorded (To Claimant as no solicitor). Thanks
  17. Hi, Could someone help me please? , complete noobie questions below:- I've been out of the country and been sent a claim form from the County Court Business Centre for a claim from a 10 year old Halifax credit card debt for £1600 plus £105 court fee and £80 legal representative costs. I have been receiving calls from these people but i just thoiught they were PPI calls. This claim form was sent on 6th April (I flew abroad 7am that day) but i've logged onto the portal (22nd April) and filled in the AOS form to extend, i'm not sure if this will still be possible to do? I may have paid small payments to this debt a long time ago but to be honest forgotten about it, got my credit score back up high and then this lands through my door, i really don't want a court judgment on my credit file. The debt doesn't even show on my credit reports from various agencies. I'm not even sure about how much the original debt was and how much credit was put onto it etc. Could someone help me please in the reply to the court or give me any pointers/online helpers? I really believe that this debt could be Statute Barred. Any help would be greatly appreciated, my main concern is not to get a mark on my credit file and I really don't want to pay a DCA the full amount but would consider a part payment. I'm not even sure if it's gone past that stage that I cannot offer part payment out of court? Thanks in advance x
  18. Hi everyone out there. I am seeking a quick bit of advice; and will try to make this as short as possible. On 2/7/2017 I got a Parking charge in the form of a letter (relevant),from Parking Control Management (PCM). The claim was that I had not paid a PCN they'd issued and they want £100. Two initial issues: (1) I did not receive any prior notice - eg stuck to the car. (2) This was likely due to the fact that I had never been anywhere near the place they claimed I was wrongly parked. I googled the place and discovered that it is a block of flats some 5 miles away managed by the same people who manage my block (L&Q). And both blocks have PCM in attendance - so tat might be a possible cause of the mix-up. Maybe I could have obtained clarification if I'd phoned PCM - but the advice I've gleaned over the years from consumer websites is NEVER engage with these people. So I didn't. Over the following months I got the usual piles of letters from debt collectots and then Gladstones solicitors - all totally ignored. HOWEVER a couple of days ago I got a claim form from the Northampton County Court. PCM are now claiming I owe them £335.76 (not inc court and legal costs) I'm hoping to get my defence back to Northampton by 22nd March - Please is there anyone out there who would know how best to handle this. Obviously my defence is that 'I didn't do it' - BUT do I just enter this on the form and hope for the best? Should I/could I get a Statutory Declaration? Because ultimately it's going to come down to who the Court believes - Am I being naïve to think a Stat Dec looks more believable? I would welcome any advice or comments a.s.a.p. Thank you Sandra
  19. I have just received a county court summons for an old capital one credit card. I'm pretty sure no CCA exists for this debt - certainly all I ever remember signing was one of the postcard style application forms Cap1 were using at the time. So I intend to defend on that basis. Who do I send the demand for a CCA copy to? Cap1, the debt collectors named as the claimant on the claim form, or the solicitor named on the claim form. Also, it's possible that this debt is statute barred, the default on my credit file is 5 years and 5 months old, is there any way to find out when I last made a payment on this account? TIA Mat
  20. Hey Guys, I'm following up on some recent developments (though still not confirmed), that a DCA has recently won a claim in Glasgow Sheriff on the basis that a clause witten CCA stated the contract would be treated by English law would be subject to England's statute limits instead of Scotland's. Assuming that this has happened and no appeal's being persued for this case, or if a potential appeal also fails; where does that leave people in Scotland with their devolved rights? Is Scottish the time limit out of the question now for most credit disputes? Is it valid that most CCA's don't properly explain that you'd be derrogating your local statute rights in place of the creditors preference? Assuming Scottish Statute laws are overrided, will this be the same for Scottish jurisdiction laws?..... And will that lead to a slipperly slope where people in Scotland will have to start disputing claims made against them at Northampton County Court? Thanks Guys, all the best
  21. Major crackdown on abuse of 'debt' judgement by rogue parking and utility firms is announced Ministers will pledge action on abuse of county court judgments by rogue firms Anyone who has had a CCJ without their knowledge will have it removed The Govt plans to immediately set aside all backdoor CCJs for those who can prove to a judge that they did not know about it when it was passed. http://www.dailymail.co.uk/news/article-5214075/Action-debt-judgement-rogue-firms-abuse-announced.html
  22. Hello I'm very new to this. I've received a county court summons with regard to a debt I owe to Capital One credit card for £8500 from Lowell Solicitors. The issue date is 22/7/2016. so the service date is 5 days after that. I went through some financial issues years ago and although I scrape by dog walking (earn aprox £7000 per annum incl working tax credit) (I have MS and am on anti depressants so try to do a job that will keep me healthy but will be flexible enough to take into account my fatigue) nowadays I still have some old debts that i don't have the resources to pay. this is the biggest one. I did write to them in 2014 (the debt was owned then by Cougar Finance) telling them my financial circumstances and offering to pay a monthly amount which they refused. Since then Ive stuck my head in the sand and hoped they'd go away. Now its come to a head. I own my house, got rid of my car years ago as I couldn't afford it. . Im terrified I'm going to loose my house. I have not used a credit card in years I wish I hadn't been so stupid in 2013. I have some PPI going back to the 1990s on different loans and credit cards thankfully all paid up, that I hope I can claim back which i could also use some advice on. I have kept every bank statement, credit card invoice and financial paperwork. I'm a bit of a hoarder. Please advise what I can do. Thanking you in advance
  23. Hi everyone. I'm a new member on here. I came across the site when researching tenancy deposit schemes and I've read through several threads but can't seem to find and guidance in relation to my particular problem. Briefly, in September of last year I agreed to rent a property with a private landlord. I had a few concerns about the property but the landlord assured me they would be dealt with once I moved in. But I needed somewhere to live quickly and my mother paid the deposit. The rent was to be paid by housing benefit. There was mould throughout the property, there was a leak from the soil stack or a blockage causing it to seep out from where the two pipes join, a couple of electrical sockets that were loose from the wall etc. I paid the deposit in cash and received a receipt. After several weeks the landlord had not repaired any of the above despite my texting and phoning him. At the same time he began to phone and text me demanding the rent but there was a delay at the housing benefit and the payment had not yet come through. He threatened in the text messages to come round to the property on specific dates and turf me out and take the keys back. I felt intimidated by him and told him by recorded delivery letter that I was going to give him 28 days notice to leave because he hadn't fixed any of the things he had promised. He had no problem with this and texted the sooner the better and that he still hadn't had the rent. I left the property and asked him for the deposit back and he said he was keeping it because he was still owed money. I then found out online that the deposit should have been protected. I asked him about this so that it could go to a resolution but he would not give me the details but kept on saying that he had protected it. He then came back to me and said that I owed him four months rent for leaving early, fees that he had paid to an electrician to fix a pendant - which was one of the jobs I had asked him to fix - fees for a skip to empty the property even though it was empty when I left etc. I realise I'm rambling on. What I'm trying to determine is whether the tenancy was valid when he didn't protect the deposit? Has he a right to claim back four months rent from me when he didn't protect the deposit in the first place? Did the agreement lose any legitimacy when he failed to do that? I ask because despite my continued asking him he will not return the deposit and I'm thinking about taking it to court. All I want is my deposit back. Nothing else. He has since had the back payments up until the time I left the property. Any advice would be much appreciated. Thanks
  24. Hi Three months ago we parked at Bygone Times in Chorley - there was a parking sign saying sign in at reception. At reception there was a huge queue so we bypassed mistakenly thinking you had to sign in if you werent a member. we showed our gold cards and entered the place. we bought several itsms - unfortunately don't have the receipt as it's all second hand goods/ antiques etc so tiny little till roll. week later parking eye £100 fine arrives with picture of car entering and leaving the car park - searched and ignored accordingly. have had a couple of letters since and again researched and ignored. today however a county court claim from Northampton has dropped through the door what do we do now? thanks in advance
  25. Last week, I had a small claims court case, the details of which isn't really important as my question is about the judge. I lost the case, but it seems to me that the judge was having a bad day and he took it out on me! The person who had taken me to court had included all fees and the income loss for the day were included in the total amount that he claiming against me. But at the end the judge decided to add the fees and the another £95 on top of what he was claiming again, and almost doubled the amount that I have to pay now. I tried to explain to him that he was making an error but he wasn't hearing me and threatened to kick me out of the room. Does that seem normal? Is there a way to make a complaint about this judge and maybe get another hearing? I feel that the decision was really unfair, and his general attitude towards me was really dismissive and disdainful. Just to clarify, the following is the details of the break down of the claim: £90 refund for the service that he has paid for £60 filling fee £80 hearing fee £20 travel costs £350 income loss for attending court on the day Total £600 After deciding in his favour and awarding the full amount claimed, the judge added the following on top of the amount claimed: £60 filling fee £80 hearing fee £95 income loss Resulting in the amount of the claim going up to £835
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