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  1. Hi Guys, Very new to this, so any help is very much appreciated. I have received a Claim Form for Lowell Portfolio 1 LTD from Northampton county court business centre, for an alleged outstanding BT broadband debt of £290.00 from 5 years ago. There was a a dispute with BT regarding broadband, not providing the service and speeds offered, but their charges continued unnoticed. I am not sure the best way to respond to this. I have further information, but not sure what is relevant/needed. Thank you in advance for any help!!
  2. Hi I'm wondering if anyone can help me here I have just received a county court summons dated 6th February. I want to defend this claim and would be vey grateful for any advice you can give me. Many thanks. Name of the Claimant ? PRA GROUP (UK) LTD Date of issue – 06 FEB 2018 What is the claim for – 1. The Claimant claims the sum of 7688.54 for debt and interest. 2.On 07/01/08 the defendant entered into an agreement with MBNA Europe Bank Ltd for a Credit Card under reference (card number). 3.On 30/4/12 the defendant defaulted on the agreement with an outstanding balance of 5305.48. 4.On 22/6/12 the debt of 5305.48 assigned to PRA Group (UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of 0.00 received up to 22/6/12 5.AND THE CLAIMANT CLAIMS 1. The sum of 5305.48 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 22/6/12 to 2/2/18 2383.06 and thereafter at a daily rate of 1.16 until judgment or sooner payment. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NO What is the value of the claim? £8198.54 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? JANUARY 2008 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER HAS ISSUED CLAIM Were you aware the account had been assigned – did you receive a Notice of Assignment? I WAS NOT AWARE AND DID NOT RECEIVE ANY NOTICE Did you receive a Default Notice from the original creditor? NOT THAT I AM AWARE OF Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? LOST MY BUSINESS What was the date of your last payment? I THINK LAST PAYMENT WAS BEFORE THE DEFAULT DATE BUT I AM TRYING TO FIND OUT WITH EXPERIAN 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
  3. Hi , i have received a County Court letter from County Court business centre on behalf of Lowells, i am looking for information as to what to do next, i have been away for a few weeks and its dated 6th sept. county court.pdf
  4. I signed a franchise aggreement (unfortunately) and I would like to know if the : personal guarantee`s that was included is legal, if it was not witnessed, at the time of signing, and their is no provision for a witnesses signature, is there a set format for this, and could it be deemed invalid and/or, not binding? when is a deed not a deed? Your advice would be welcome. Thanks!
  5. Hello All, First of I'm sorry if this is the wrong place, please move the thread if it's better elsewhere. I manage a very small esports gaming community and recently have been harrassed by an ex member who has repeatedly tried to regain access to our community and post hateful comments in the game chat over and over. As soon as we've become aware of this we've removed them and banned the account. The problem is this individual keeps buying new copies of the game and rejoining the community to post their vile comments. We banned by IP address but as anyone knows in the IT world this is seldom successful as the user can (and has) use a VPN to circumvent the ban. We are aware of 2 IP addresses they have used belonging to on of the big UK broadband providers. They both trace back to the same geographical area and we have every reason to believe this is correct. They also used their voice in a video made 6 months ago and the persons accent is the same for the area the IP suggested they are located. Recently they've started posting silly abusive YouTube videos and recently posted images into the community in my name of sexual nature including parts of my identity. I've just ignored this for a long time and not responded to any of their comments, abusive emails, videos, crude photoshops etc etc. However recently they began targeting another member who I know to be vulnerable and I've finally decided enough is enough. They have been at this for nearly a year now. Looking at the CAB website it looks like the options I have are both civil and criminal courses. The website says 2 seperate incidents have to occur for this to be considered harrassment. We're well over that number so I have no issue there. I don't particularly want to involve the Police as I have little faith this will help and could cause the situation to become even worse. I have also been the victim of crime and found the Police to be very unhelpful and make the situation much worse. I fully believe this individual who resides in the UK has my home address and I don't particularly want £100s of Pizza cash on delivery to arrive, or Taxis that I didn't order or to be SWATed... I know all three of these happened to a friend who had a similar problem whom the forum assisted me with in the past. So I am thinking the best course of action is to proceed to the civil route and get an injunction against this individual that they must stop this. I'm not looking for monetary compensation even though it has been agreed with my Mental Health Support Worker I could evidence this causing increased anxiety, makes me feel I can't play in my own community and it's a clear cut case of Slander. My exact question is, how can I go about asking their ISP to release the details of the customer concerned. I am well aware that the Data Protection Act would be their easy way of refusing the issue. Is there a particular way I can go about this with the courts by making a request via the courts or direct to the ISP that they must give me the information to secure an injunction against them?? I can see this being a very difficult problem to solve, But I will take it on as I owe it not only to my community members but to myself as well. We banned this member for harassing another member and we gave them every opportunity to stop and were more than reasonable. However as this has gone on for so long I fear I'm at the point of realisation that this isn't going away any time soon. Thanks for reading and I'm sorry to draw out such a long post, but I felt it appropriate to give a backstory. Any advice is welcomed.
  6. Hi there, today I received a claim form addressed from the county court business centre in Northampton, which has been filed by Moriarty Law on behalf of JC International Acquisition for a debt on behalf of Talk Talk Limited. I have seen a similar problem to mine posted on here but I can't seem to follow it, so I need help step by step to get me through this maze!! The particulars of claim state: THE CLAIMANTS CLAIM IS FOR THE BALANCE DUE UNDER AN AGREEMENT WITH TALK TALK LIMITED DATED 13/10/2011 WHICH WAS ASSIGNED TO THE CLAIMANT ON 26/03/2014 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 26/03/2014 AND WHICH IS NOW DUE AND PAYABLE. THE DEFENDANT AGREED TO PAY MONTHLY INSTALMENTS UNDER ACCOUNT NUMBER 100*****43 BUT HAS FAILED TO DO SO. AND THE CLAIMANT CLAIMS THE SUM OF £167.12. THE CLAIMANT ALSO CLAIMS INTEREST THERON 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 £13.36. So with the amount claimed being £180.48 the court fee of £25.00 plus Legal representatives costs of £50.00 the total amount is £255.48!! My response to all this, is that I have never agreed to make monthly instalments because I have never spoken to them regarding this debt and have never responded to any letters. At the time I took out this deal with talk talk I was in a very dark place in my life, not long coming out of a rehab and I was not working! After coming to my senses that I could not afford this because I didn't have any money for food, I contacted talk talk to say I wanted to finish which I believed had been stopped. I made payments to them for the amount which I believed I owed to finish the contract, and unplugged the device not to use it again. I also moved address not long after. I have now got my life on track with work and have got what I believe is a good credit score with nothing against me, so to have this rear it's head against me is a bit of a shock! So please please give me advice on how to tackle this and what steps I need to take!! The issue date of the claim was 29/09/2017 and I received it on 04/10/2017 Thanks in advance for any advice you give.
  7. First of all, thanks for the great forum and I am sorry that my first post is a request, it would have been nicer to have helped someone else first. In 2011, I received a parking notice from a privately owned car park. This was at st andrews retail park Hull (HU3 4EB). I initially disputed the notice by phone for the usual reasons that there is no contract and the car park is free for two hours, but also based on the sign and situation. I was only parked for about 10 mins as I popped into Wilko to get a fuse for the car. However, I had parked in a Taxi bay at the front of the car park. It doesn't look like it was part of the main car park at all and the standard Excel sign made no reference to not parking in a Taxi slot (not an official taxi rank, but a few spaces for taxis to wait), just the usual "Park within authorised bays, do not park to cause an obstruction, or obstruct other vehicles, entrances, exits, pedestrian walkways, doorways, emergency exits or emergency vehicle access." I disputed this by phone and then unfortunately ignored letters sent (which I have not kept all of them). I don't think that the sign is clear for parking in a taxi slot and there were no taxis. Also, it was a distress purchase. Now I have received a Claim Form (claimant Excel Parking) which appears to be from the County Court Business Centre (Northampton NN1 2LH). Also a letter from BW Legal titles Notice of County Court Claim Issued saying they have issued legal proceedings as I have failed to make a payment. The claim is £270 (£100 +£41.92 interest, court fees £25, Solicitors costs £104). They say they may enter a CCJ against me if I do not contact them or reply to the court claim. I am not sure what to do next. I don't want to go to court and this looks official. Does this mean that I already have a court claim against me? Any help appreciated and I am more than happy to donate to the site for any advice received. I hope that I have given enough information.
  8. Apologies if this is in the wrong category as I can see almost all advice re: bailiffs is for debtors but I need advice on how to get a County Court Bailiff to actually enforce a warrant against a company. My daughter won a claim online for a faulty car that was sold to her. Dealer didn’t pay up and she thought she had then instructed HCEOs but it turns out she instructed the County Court Bailiff. This was in July. There was a mix up with the paperwork which took a couple of weeks to sort out but since then the Bailiff has only been out to the dealer once, at 8am. Not surprisingly it wasn’t open. The Bailiff hasn’t been back out since. I rang up and asked generally how long it takes to enforce a warrant and they said ten days. This should be a very simple thing to sort out with so many cars on the forecourt. As it’s now been almost two months can my daughter ask for her fee back and go with HCE instead? Surely there is an obligation on the Bailiff to enforce warrants in the order they receive them (where possible of course). What are her options now? Any help at all would be appreciated.
  9. Hi Ive received out of the blue a court claim form from Arrow Global saying that I owe nearly £22k to Egg but Ive not heard anything for at least 10 years until now. Please can you advise me whats the best course of action as Ive acknowledged the claim on moneyclaim to get another 14 days on this. Can this debt be Statute Barred because of the age of it? I need to file my defence before 18 October before 4pm online. Ive sent a CCA request to Arrow & their Solicitor Restons and had a reply from both of them to say theyve requested CCA paperwork from Egg but so far I havent received anything since 4 October. I look forward to hearing from anyone soon. Thanks!
  10. Hi All, My partner took out a pay day loan agreement with Peachy on 31.10.2013 for £662. She has had sporadic bouts of employment through the following years and the debt was assigned to MMF on 3.01.2014 of which they allege they sent notice. She has been bullied by Moriarty Law and has this very week been sent a letter from them saying she has 14 days to come to an arrangement or they will apply to Northampton for a CCJ. This weekend, she has received the paperwork from Northampton CC. The solicitor has filed for the original debt of £662 plus interest of 52.96 plus their own costs bringing the total to £844.96. Currently she is claiming ESA, although she is trying to start a small business herself and would rather avoid a CCJ, she has no other debt apart from the mortgage and a car loan that is finishing this November. Do I now log on and file an AOS and then have 28 days from then to present a defence? If so, what sort of defence (I am reading through this site as I write)? Would it also be prudent to send a letter disputing the procedures followed by Peachy/MMF for providing the initial loan without taking into account all of her circumstances? I know she buries her head in the sand with these types of things and does not know which way to turn (that's not to say I am a legal expert either!). Many thanks for your help and guidance on this. PB
  11. Hello, Found myself stuck in a bit of a situation and feel over my head. Have just received a letter from Lowell solicitors in the post titled 'Second notice of county court judgment (ccj) arrears - £150' This is from an old debt from orange dated 2013 or thereabouts. i last received a letter from them in 2015 and have never contacted them in-regards to the debt. The letter starts We wrote to you previously regarding your judgment arrears, but we are yet to receive the payment as required under the terms of your CCJ. As a result you currently have arrears of £150.00 This is the first i have heard of any CCJ or any letter other than in 2015, the debt is for a small amount of £590 repayment is no issue, but i wish not to cause further harm to my credit file. I have checked my credit score on clearscore, no sign of ccj or any changed or listed debts etc. Paid and checked my name and address on registry trust,once again nothing registered. My problem is where do i go from here? Who do i contact? What do i ask? Why isn't this supposed CCJ showing on my credit file or the trusts website? My current address i have lived in 8 months and is registered to my name on electoral roll etc. Previous address i lived in for 3 + years. The letter further on threatens county court bailiffs etc attachments of earnings etc. Repaying the debt is no issue, what is important to me is my credit score. having spent the last 4 years rebuilding it i would like to keep it on the up. Ok so i have just checked my credit file in depth, i have just found this. What changed in August 2017 You are now on the electoral roll at your current address •You opened your LOWELL PORTFOLIO 1 LTD (I) •Your LOWELL PORTFOLIO 1 LTD (I) account went into default •You closed or settled your LOWELL PORTFOLIO 1 LTD (I) account When i check on noddle i am greeted by this active court judgment. Judgment date 20/06/2017 Amount £ 587 Court name County Court Business Center On the accounts page it shows an open account with Defaults monthly since the opening of this account. Looks like my credit score is shredded Thanks in advance guy.
  12. Hi, I have received a county court claim form from BW Legal on behalf of Excel parking. Details are; Principle debt £100 Interest £21.32 Court fees £25 Solicitors costs £104 Total £250.32 This is for parking at cavendish retail park in keighley on 10/04/2014 I intend to fight this all the way. I have signed up on MCOL and sent an acknowledgement of service so I now have approximately 20 days to get my defence together. I am also about to sent the CPR 316 request to BW Legal. Can this be done via Email? Is there anything else I should be doing in the meantime? I'm going to spend this week searching the forums for what to include in my defence but any advice would be more than welcome. There were 2 drivers named on the car at the time and the number plate had been changed a few months earlier to a private plate so there is a chance the old reg could have been entered by mistake. (Details are a bit hazy as the incident was 3 years ago) Would excel have a record of all the registrations entered from that long ago on their machines to prove one way or another??? I look forward to hearing from you guys in the know! Regards Kaffee
  13. Hi I have been in dispute over a private parking charge for over a year. I thought they had given up and had not heard from them for 6 months, then I got another demand letter and now a county court claim form. I would welcome some advice. The issue date is 10 March 2017, I have filed an Acknowledgement of service The Particulars of Claim reads The Claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 17/12/2015 (Issue Date) at 20:41:09 at Smyth Street Anpr Scheme Std (60-100). The PCN relates to under registration xxx. the terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the defendant failed to do so. Despite demand being made the Defendant has failed to settle their outstanding liability. The Claim also includes Statutory Interest pursuant to section 69 of the County Courts act 1984 at a rate of 8% per annum a daily rate of 0.02 from 17/12/2015 to 09/03/2017 being an amount of £8.98. The Claimant also claims £54.00 contractual costs pursuant to PCN Terms and Conditions. The claimant is Vehicle Control ServicesLimited (there is a typo and the space is actually missing on the form). The form lists BW Legal Services as the legal representative and address for sending documents and payment. Note that Vehicle control services limited is not listed on the signage in the car park. Instead variations of Excel Parking are listed on the signs. I have never had any contact from Excel Parking. I don't know what a Notice of Assignment is, so I guess I never received one. I did appeal to the IPC. The appeal was rejected, but I do not feel they addressed any of the points of my appeal. The claim is for £100 PCN + £54.00 legal costs + £8.98 interest plus £25.00 court fee plus £50.00 Legal representative's cost giving a total of £237.98. My intention is to defend the case, but I have a few questions. 1) The form comes from County Court Business Centre, Northampton. Does this mean I will need to travel to Northampton to defend the case? That's about 120 miles away from both me and the site of the alleged offence (both in Wakefield). I think there is a county court in Wakefield, can I ask it to be heard there? 2)My intended defence is as follows, could somebody tell me if it seems okay? It is admitted that the Defendant was the owner of the vehicle in question at the stated date and time. The claim is denied on the following points 1) The signage at Smyth Street - Wakefield Anpr Vcs Scheme Std (60-100) indicates that the car park is operated by Excel Parking and therefore any contract within this car park is with Excel Parking, see figure 1. I have not received any demand for payment from Excel Parking, nor has the claimant, Vehicle Control Services Limited, ever indicated that a contract has been transferred to them. I therefore have no contract with the claimant and no liability to the claimant. 2) The claimant has issued me with notice for the due amount as the keeper of the vehicle in question under powers granted by the Protection of Freedoms Act 2012 (henceforth PFA2012). However the claimant has failed to meet the requirements of PFA2012 in the following ways: a. PFA2012 requires that either a notice to driver or notice to keeper be issued. PFA2012 paragraph 7 (4) states the notice to driver must be given—(a) before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and (b) while the vehicle is stationary, by affixing it to the vehicle or by handing it to a person appearing to be in charge of the vehicle. Under PFA2012 paragraph 9 (2) (e) A notice to keeper must state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper— (i) to pay the unpaid parking charges; or (ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver. The notice sent to me dated 31/12/2015 does not fulfil these requirements. The notice provided to me does not fulfil either of these requirements and is therefore neither a Notice to Driver, nor a Notice to Keeper. I am therefore not liable for any amount due as the keeper of the vehicle under PFA2012. b. PFA2012 paragraph 12 (2) states “The appropriate national authority may by regulations made by statutory instrument prescribe requirements as to the display of notices on relevant land where parking charges may be incurred in respect of the parking of vehicles on the land.” The IPC provide such requirements in the IPC Accredited Operator Scheme Code of Practice 2012 Third Edition. This states in part B item 2.2 and Part E: Entrance Signs: Entrance Signs should: a) Make it clear that the motorist is entering onto private land. b) Refer the motorist to the signs within the car park which display the full terms and conditions. c) Identify yourself (where you are a limited company. This should be by reference to your full company name, your company number and the jurisdiction within which your company is registered). Contrast and Illumination: If parking enforcement takes place outside of daylight hours you should ensure that signs are illuminated or there is sufficient other lighting. The signage as shown in figure 1 does not comply with any of these entry signs requirements. The alleged incident took place at night and as can be seen from figure 2 the entrance sign is not illuminated and no lights in the car park are functioning. The signage therefore does not comply with the code of practice and therefore I am not liable for any amount as the keeper of the vehicle. 3) Under PFA2012 paragraph 4 (5), the maximum sum which may be recovered is the amount specified on the notice to keeper. The initial amount requested (although, not on a correct notice to keeper as noted in my point 2) was £100. The claimant is however attempting to claim an amount of 237.98. Even, should the court find that my defence above is not relevant, the recoverable amount can only be £100. I will also include a photo of the entrance sign and a photo of the car park at night showing the lack of lighting. Should I require the Claimant to prove I was the driver? Thanks for any help Phil
  14. Hi I'm considering raising a claim against First Choice, as they have not responded to my compensation claim. All 4 of us (2 disabled kids) were ill during a stay in one of their resorts, which essentially wiped out the holiday. Their legal team are uncontactable, and almost 8 months has passed without them responding to us. We raised a complaint with Abta, and they originally did not reply to them either. Abta referred it to their legal team, but FC responded advising they are not prepared to use the Abta mediation service, so Abta they have closed the close. We have never received any response to our claim. I've never raised a court claim personally before, so was was just after some general advice about potential pitfalls etc. I can see the issue fee would be about £70, but would there be further costs if the case were defended? My Mrs is concerned about us having a shedload of costs, should our claim fail, and mentioned a counterclaim, but unsure what this is?? This is the only option open to us however if we want to pursue it, as they are completely ignoring our claim.
  15. I believed a debt was statute barred when I checked my credit file last payment was in 2009, now it has gone off my file. Lowell now demanding payment, I sent a statute Barred letter to them they replied that termination of service was in 2009 but payment was made in Sept 2011 so not making it statute barred which I totally disagree as my situation was so bad for that period and could not have afford to make any payment from 2009. I don’t have the bank statement, the account had been closed. I sent a letter to lowell to prove date of last payment but they had ignored this. They informed to have made a court claim which I have not received any letter regarding this. Also they asking me to contact the court for a copy. i have contacted the court and i have been emailed the claim form, filled and returned to the court. the court sent a letter of acknowledgement of my defence and that a copy been sent to the claimant. i received a letter from the creditor that my case is on hold as it is being reviewed a copy of Directions Questionnaire (Small Claims Track) which they had filled that i will be sent my copy directly from the court to be filled so that the court can then make decision from these documents. i have asked the creditor severally to prove/send me evidence of my last payment which has been my defence and up to date they are yet to get that to me. I have been sent a direction questionnaire to fill and return. I don't understand this process they are taking and don't know what to do.
  16. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 07 July 2017 date to submit defence 8th August 2017 What is the claim for – 1) The Defendant entered into an agreement with Orange under account reference ..... ('the agreement'). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 21/12/2016 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £160.09 remains due and outstanding. And the Claimant claims a) The said sum of £160.09 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.035, but limited to one year, being £6.91 c) Costs What is the value of the claim? £242.00 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account 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. Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware Lowell had acquired the debt when they suddenly began bombarding me with communications. Did you receive a Default Notice from the original creditor? Unfortunately I can't recall. I've heard nothing from them (I don't think) since Orange was acquired by EE, and that was years ago. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Actually I cancelled the account in full accordance with the original claimant's cancellation procedure. As a safeguard I also cancelled the direct debit agreement, knowing that no more money was owing. Unfortunately they later claimed that more money was indeed owing on the account, which I completely dispute. However I wasn't able to properly dispute this with them, as they had already referred the debt to a third party, who I beleive was Moorcroft. What was the date of your last payment? I can't be certain, again because this whole matter has been quiet for so very long, but I think it was circa September 2011. That would place us close to 6 years, which I'm guessing may not be a coincidence. Was there a dispute with the original creditor that remains unresolved? Very much so, although I can't evidence this in any way at this late stage, and it's difficult to recall the finer details. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. There were no financial problems. As far as I am concerned the account was cancelled correctly and paid up in full. Hello all. I've been referred here by a long standing user, and I hope you guys can help... I have received a claim form from Northampton County Court Business Centre, for a claim issued by Lowell in relation to an old mobile phone debt, the validity of which I question. They are claiming £167.00 plus costs, fees etc. I have completed the Acknowledgement Of Service, and I would very much like to defend the full amount of the claim. My answers to the standard questionnaire are above My thanks in advance for any and all assistance you can offer. Dave
  17. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 17 July 2017 date to submit defence 19 August2017 What is the claim for – 1) The Defendant entered into an agreement with Orange under account reference ..... ('the agreement'). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 18/12/2013 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £465.45 remains due and outstanding. And the Claimant claims a) The said sum of £465.45 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.102, but limited to one year, being £37.24 c) Costs What is the value of the claim? £632.69 including court fees Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account 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. Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? No, received one letter and then County Court Claim. Did you receive a Default Notice from the original creditor? I don`t think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I cancelled the account in full accordance with the original claimant's cancellation procedure. What was the date of your last payment? 26th April 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No. Hello everyone, first time here but I have read a few threads on here and seen the great work you guys do. I`ve got this county court claim that came through (22/07/17) as stated above I have gone through the necessary steps as stated in previous cases, that is Acknoweledgement of service (26/07/17), CPR 18,(27/07/2017) and now I am preparing my defence. My question is to do with the reply for the CPR I got from Lowell Solicitors, I received, the cover letter, the notice that they bought my debt and the notice of assignment from orange( very dodgey). Will post attachment if needed. My first question is, in the cover letter they state that my last payment on 26/04/12 was for £60.72 but in actual fact I paid £120 on that day, as backed up by my online bank statement for that month, should I mention this in my defence and if I should how would I word this properly? Secondly because of the nature of the notice of assignment (no official logo, no traceble name, not very professional) is there a way to dispute the disingenuous nature of the letter. Your assistance will be greatly appreciated .Thanks Mike
  18. I was gong through bad time financially few years ago and I built up some debts using payday loans such as Cash Genie. Or Motormile finance. I received a letter from Moriarty Law saying they're sending me county court papers for £105 I still owe Cash Genie from 2011. I also received county court claim form and I attached a copy. My main problem that I work for financial institution so if I get CCJ I'll be forced to quit my job. Can they really take you to county for only £105??? Now they increased it to £188 with court fees and theirs. This is looks serious and I'm worried! Any advice is appreciated guys! Thanks in advance Angela.
  19. good afternoon I'm new on here and am hoping someone can give me some advice and tell me what to expect. i have received a claim form today from county court business centre relating to a debt originally with the funding corporation but assigned to cabot. the issue date is 17 jan and the amount being claimed for is £10200 + costs of £454.50 (court fee ) and £100 (legal representatives costs ). the claim is in joint names for myself and my now ex wife. when we were together we got a car financed through tfc in 2007. when we separated and divorced it was agreed that she take the car and maintain payments on it, however after sometime she was unable to continue, as the credit was in joint names, i took the car back and made the payments. when i did this i found out that she had had the payments reduced from £300 per month to £100 per month. i did a sar to check the account and found that £6000 had been added to the amount owed as a result of the payments being reduced. i queried this as i thought that with it being in joint names, my agreement and signature was required to make this sort of a change and did not hear anything back. due to this, being made redundant, and various personal issues, payments were stopped. the last payment made was several years ago. i can no longer find the paperwork which i had from the sar. can someone advise me if i have a viable defense to part of the claim in that i didnt agree to the reduced payments, if i do - do i send a sar to their solicitors, cabot or tfc and will the court allow me the time to do this? would it be better to admit the claim and ask for a payment arrangement, i wouldnt be able to afford much as i do not work full time because i look after my 3 year old son for half of every week. i think there was also ppi on the account as well, although only in my exs wifes name. would it be an idea to look into reclaiming this? Should i get legal advice and what sort of costs would be involved in this? many thanks for any help and advice that can be given.
  20. Hi I acted as guarantor for a friend of mine on 31/10/14. He has since fallen into arrears and been evicted from the property. The first I heard about it was in a letter from the landlords solicitor on 28/11/16. In response to the solicitors letter I did admit to being guarantor. I also advised the solicitor that I am not in any financial position to pay this debt as I do not have any income at this time after losing my job in October 2015 and trying to get my photography business up and running, with no success as yet. I have now been issued with a County Court claim, however, in the correspondence I have received there is no mention of me as guarantor on the Assured Shorthold Tenancy Agreement and there is no other document (i.e written guarantee or deed) where I am mentioned or indeed have signed to act as guarantor. The tenant has offered to repay the debt over a period of time but the landlord has refused his offer. Can anyone advise me what to do as I have no means to pay this debt and unless the solicitor or claimant can produce a written guarantee or deed then would I be right in thinking they do not have a leg to stand on? and why has the landlord come after me if the tenant has offered to repay over a period of time? but more importantly what do I do put in my defence form? Thanks for any help given Ed
  21. Hello all at CAG, I've received a second claim from Hoist/ cohens for a credit card. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 03 Feb 2017 Date to submit defence = - by 4pm Friday 03/03/2017 ? What is the claim for – Particulars of claim: (As Written) The claim is for the sum of £11079.33 in respect of monies owing under an agreement with the account no. xxxxxxxxxxxxxxxx pursuant to the The Consumer Credit Act 1974 (CCA) The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. The Claimant Claims: 1. The sum of £11079.33 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 27/09/11 to the date hereof 1947 days is the sum of £4727.90 3. Future interest accruing at the daily rate of £2.43 4. Costs What is the value of the claim? £15807.23 (plus court fee £711.33 & Legal Reps Costs £100) Total £16618.56 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? Approx 2000/ 2001 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser (hoist) Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Can't be sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Business ceased trading and couldn't afford rent let alone DMP payments What was the date of your last payment? January 20th 2011 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 managementicon plan? Yes, Payplan DMP set up in Feb 2010 I wondered if I could use the statute barred defence or should I use the no paperwork? I have done the AOS on MCOL, should I send the CPR and CCA requests regardless of defence? Your help is much appreciated.
  22. Hi everyone, I hope I have the correct forum I need help with a debt relating to management charges on two apartments. On the 24 February 2014 Northampton County Court served us with papers in respect of outstanding service charges. A1111111 name of apartment one in the amount of £3752.01 A2222222 name of apartment two in the amount of £3812.03 We challenged the figures sought by the managing agents and their solicitors, advising the Court that we had never received (and still haven't) statements of accounts. We agreed we owed service charges but believed the figures due were much lower. The County Court appeared to agree with our figures. They made a ruling in the case A22222 relating to apartment two. Judgement was ordered in favour of the claimant in the amount of £1531.27 on the 10 July 2014. We immediately paid that figure and the CCJ was removed from the register. No ruling was ever made in relation to A111111 - apartment one. As with apartment two we strongly disputed the figures claimed by the management agents and their solicitors. The Court ended up closing the file as the solicitors for the claimants apparently didn't respond to their queries. NRAM, our mortgage company, confirmed to us in writing that they had been advised a CCJ was registered against us in respect of apartment 1 in the amount of £1932.54. NRAM confirmed that they paid this figure to the claimants solicitors. We were very upset as the case was not heard never mind a ruling made. We believe the claimants solicitors sent NRAM a copy of the CCJ entered on apartment 222 in order to get the fund for apartment 1. Now a year later, the management agents have again changed at the apartment block. They requested the 2015 management charge but allowed payments by instalment. We paid the first payment on both apartments in January. By return we received a letter from the new management agents stating that as we were in serious arrears on our service charge payments they had instructed solicitors to start court action. They now claim we owe circa £4500 on each apartment. I wrote back to ask how they had commuted their figures. I advised them of the above and included confirmation from the court re the judgement as well as a copy of the letter from NRAM confirming payment. I had a very nice email back to say that they were not aware of the history and would investigate and revert. That was on Feb 9th. We heard nothing since but on Thursday we received a letter from a solicitors firm stating that they had been advised to start legal action to recover the arrears due i.e. circa £4500 per apartment. Following my long post my questions are 1) Can they sue us again over this debt when the court made a ruling and awarded a CCJ? 2) I think I need a solicitor? Does anyone have any idea how much this would cost? I believe in paying my debts and have tried to but the previous management company wouldnt accept instalments, didn't provide any reports or accounts and were extremely difficult to deal with. We asked them to request payment from our mortgage company but they said they couldn't until a judgement was in force. We bought these apartments when we were both working and had good jobs. I had to give up work due to having an autistic child, I left the UK and moved abroad. My husband still lives in the UK, lost his job and has since found another one but on a much reduced salary. We would sell if we could but both apartments are in negative equity. Thank you for your help
  23. 21st Jul 17, 7:14 PM Hello All POPLA refused my Appeal Hello All. I am newbie here. Trying to find a solution to my frustration. The gist of my appeal to POPLA was as follows -------------------------------------------------- *That I paid for the parking fee, which avoided loss to the parking company. *The Dashboard on the Rangerover is sloped/curved and the parking ticket could have slipped on to the steering, due to the air gush when the door was closed. *The parking ticket had no self adhesive to stick it to the dashboard. *I have shown the ticket to the parking attendant on my return to the car, while he was still there and he asked me to appeal. *My intentions were not to breach the terms and conditions of parking site, hence bought a ticket and should not be penalised with unreasonable amount. PEA( PARKING AND ENFORCEMENT AGENCY LIMITED) nor POPLA could consider my appeal, and reply was as below.... ------------------------------------------------------------------------------ ASSESMENT DECISION was on 30/03/2017 on their website Unsuccessful Assessor summary of operator case The operator’s case is that the appellant failed to display a pay and display ticket. Assessor summary of your case The appellant’s case is that they purchased a pay and display ticket but it slipped down the dashboard, as the ticket did not have any self-adhesive. Assessor supporting rational for decision The operator has provided photographic evidence of the signage located around the site in question. The signage states, “Not displaying valid permit/ticket clearly on the dashboard…Parking Charge Notice is £100”. The operator has provided photographs of the appellant’s vehicle parked at the site in question. The photographs provided show the appellant’s vehicle without clearly display a pay and display ticket. The operator has issued the Parking Charge Notice (PCN) as the appellant failed to display a pay and display ticket. I acknowledge the appellant purchased a pay and display ticket but it slipped down the dashboard as the ticket did not have any self-adhesive. However, from the operator’s photographic evidence of the appellant’s vehicle I cannot see a pay and display ticket displayed on the dashboard. In order for the warden to assess that the vehicle was authorised to park at the site, a pay and display ticket would need to be clearly visible in the vehicle. As it was not, the warden has issued the PCN, as they would have been unaware whether the vehicle is authorised to park at the site. POPLA’s remit is to assess whether or not the appellant has adhered to the terms and conditions of the site in question. Therefore as the appellant failed to display the ticket correctly, I am satisfied the appellant has not adhered to the terms and conditions of the site. Ultimately, it is the responsibility of the motorist to ensure that when they enter a car park, they have understood the terms and conditions of parking. By remaining parked on site, the appellant accepted the terms and conditions. On this occasion, the appellant has failed to follow the terms and conditions of the signage at the site and as such, I conclude that the operator issued the Parking Charge Notice correctly. ------------------------------------------------------------------------------------------------- On not replying to their letters, regret PEA have given it to a debt collection as expected received debt collection letters from CSB SOLICITORS LIMITED followed by county court claim form dt 14/07/2017, for £265/- ( Claim £165/-, Court Fee: £25/-, Legal Reps cost : £50/- Total £240.31 further interest to accumulate on daily basis. I would like to defend and change the court to my local area. Any suggestions as to how to pinpoint the defence, so that the judge would see my side of the argument that there was no loss to the company and the penalty is disproportionate and unfair. Further as the said parking site is cordoned off currently for flats development, i cannot prove the terms and conditions on the signage as it existed, if at all . There are no signs boards currently. Any help is greatly appreciated in advance. Please could anyone be kind to advise as time is ticking . Appreciate your help in advance. Thanks
  24. I need some advice please! on the 5th of July my previous address received a county court claim form Northampton from Restons Solicitors on behalf of Capquest it states the original creditor shop direct i do not remember dealing with or ordering with it was dated on January 19th 2012 and its for the sum of £492.12 which includes court fees, i haven't live at this address for nearly 3 years. the letter was dated for 27th of June i didn't receive the letter until the 18th of July on the letter it has a defending form with it, which needs filling within 14 days of the issue date. as i didn't personally receive this letter within the deadline, i have missed said deadline. so i am not sure what to do
  25. I received a Claim form after sending two CCA requests, although the second one was sent a day after a county court claim was issued to me. I didn't receive a reply from the first CCA I sent in Oct 2015 and haven't heard anything from the second I sent on 16th May. The Claim form is dated 15 May The particulars of Claim are; By an agreement between Next Directory & the defendant dated 31/07/2006 ('the Agreement') Next Directory agreed to issue the defendant with a credit account. The defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 3565.71 The total amount is for £3830.00 Thats it. I've filing my defence now online but unsure what to put in the state your defence box.... Appreciate advice guys Thanks PB
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