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  1. Hi, I'm new on here and could do with some help, please. 12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them. 2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?) My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice. Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed? Thank you in advance. Here are the details of the claim: Received a claim? Yes Issue Date: 2-10-2014 Amount approx: £5079 Claimant: Roof Trusses Solicitor: A C Jones Original Credit: Particulars of Claim: We manufactured and supplied timber frame panels and roof trusses to Dolycoed, Dolfor, Newtown on 8th September 2014 on behalf of the defendants who had ordered these from us. Our invoice TF4-34647A for the balance of £4874.22 remains outstanding - this invoice should have been paid on delivery. Despite numerous requests for payment nothing has been forthcoming. Neither party are responding to voicemails, letters or emails. We are not aware of any reason why this has not been paid. Interest is now payable at a rate of 5% per month as per our conditions of Business/Sale which currently equates to £20.31 Stat Barred? No Have sent: Other Info: 12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them. 2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?) My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice. Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed?
  2. Please help, I'm not sure how to handle this claim and don't want to get it wrong! Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 30th Aug 2016 Date to submit defence = - by 4pm Friday 30/9/2016 What is the claim for – 1.The claim is for the sum of £13718 in the respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxx-xxxxxxxx. The debt was legally assigned from Santander UK PLC to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. 3.The Claimant Claims: 1. The sum of £13718 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 13/8/16 to the date hereof 12 days is the sum of £36.08 3. Daily interest at the rate of £3.01 4. Costs What is the value of the claim? £13718 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cahoot Flexible Loan When did you enter into the original agreement before or after 2007? 20/05/2002 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. HPH2 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? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Had a Debt Managemant Plan set up with Payplan from February 2010 of which Santander had agreed to being paid £66.27 per month However, they refused repeatedly to freeze the interest unlike the other creditors in the DMP. This was adding around £200 per month in interest in January 2011 I stopped paying the DMP as it seemed pointless as it would never reduce the debt. The original debt was £10804 at the start of the DMP but 11 months later was £13718 due to them being completely unreasonable. What was the date of your last payment? December 2010 Was there a dispute with the original creditor that remains unresolved? Only with regards the interest whilst in a debt management plan Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, as described above. Payplan had requested all creditors freeze interest and all agreed except Santander. Many Thanks. Brief background: In early 2010 after trying to keep a failing business going I was left with various credit card and a flexible loan debts and the combined monthly repayments became unbearable. I entered into a debt management plan through Payplan paying £324 per month to 6 creditors. By January 2011 the business could no longer trade as I lost my premises and then a few months later lost the house. I considered bankruptcy for the first few years but could never manage to raise the fee (about £750 at the time), then as time passed and I lived in various places the letters became sporadic and it was easier to ignore the few that came. I've had plenty threatening court action from all the usual DCA's and nothing happened until now. I was looking forward to another 4 months hoping it would be statute barred but Hoist have other ideas! I've tried to get an idea by reading all the forums but was wondering if I can do a CCA request for a flexible loan? Also, when checking the FCA register the DCA's licenses don't seem to be active - is this relevant and can it be used? FCA license for Howard Cohen (Cohen Cramer Ltd) Current Status: Lapsed , Permissions Inactive 31/10/2015 FCA license for Hoist Portfolio Holding 2 Ltd Current Status: Cancelled , Permissions Inactive 30/09/2015 I have registered with MCOL and done the acknowledgement on the 8th Sept 2016 and stated I wish to defend the whole claim, problem is I don't know the best way to do it. Any help would be greatly appreciated. Forgot to add, the solicitor on the claim form is Howard Cohen & Co, Leeds
  3. I am litigant in person. At a court hearing on 7th December 2016, I was ordered to file and serve my claim on the defendant within 14 days. I posted my claim by special delivery on 21st December 2016. I have proof of postage and delivery – which demonstrates that the defendant signed for my claim on 22nd December 2016. On 23rd December 2016, I received an email from the Defendant, acknowledging that he had received my claim on 22nd December 2016. He also attached an application to the court stating that my claim should be struck out on the grounds that I had failed to comply with the court order to file and serve my claim within 14 days of 7th December 2016. I have now received a court order stating that there will be a hearing to determine whether my claim should be struck out. This hearing is listed on 20th March 2017 (the very day on which we were originally meant to have a case management hearing on my claim). In the meantime the Defendant has not filed his defence or any other papers on me. His defence was due to be filed and served by 18th January 2017 and I was due to file a response to his defence by 25th January 2017. My questions are these: 1. Is the Defendant correct in stating that I have failed to file and serve my claim within 14 days of 7th December 2016? 2. If the answer to 1 is ‘yes’, can my claim be struck out for this reason? 3. As the Defendant has made a strike out application, does the defendant still need to comply with the deadline for filing his defence which was 18th January 2017? 4. At the case management hearing on 20th March 2017, if the Defendant’s strike out application is unsuccessful (as I expect it to be) do we then proceed to having a case management hearing on the claim or will the court simply give a further deadline to the Defendant to file his defence? 5. Is there something that I should be doing now in response to the Defendant’s strike out application? Some background: The Defendant has a history of non compliance with court orders in respect of this claim and has kicked this claim around for almost a year now – employing one spurious delaying tactic after another such as claiming non-receipt of court papers, illness etc. He has never filed a defence in all of this time and I strongly suspect that he has no defence to file. I had managed to obtain judgment in default against the Defendant – which he manged to get set aside using these spurious delaying tactics. The key thing that I have in my favour is that I have managed to register a charging order on his property – which the court allowed to remain even after judgment was set aside. Is there anything I can do or say before or at the case management hearing to bring this whole sorry saga to a quick and speedy conclusion in my favour?
  4. I had a county court claim arrive from Northampton (I'm in Coventry) for a debt I think is an old Barclays account but suspect was sold onto The Sigma Financial Group Ltd and is being claimed by Lowell. All the information is this - 1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with The Sigma Financial Group Limited under account reference XXX ('the Agreement'). 2) The defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the Claimant on 21/12/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £3,327.98 remains due and outstanding. And the Claimant claims a) The said sum of £3,327.98 b) Internest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing to a daily rate of £0.729, but limited to one year, being £155.37 c) Costs. I've been away the best part of past 2 weeks so only saw this yesterday. Issue Date: 22 JUL Do I file the acknowledge of service with MCOL and then do the CCA request? Hopefully someone can help. John.
  5. Hi A few days ago I posted on here about a Company who installed some pipework above my Café ceiling and caused the ceiling to come through due to water damage. I raised an Invoice for loss of earnings and food waste, but the Managing Director has ignored it, as well as an email asking him when payment would be made. I am now a little suspicious of this particular director as I have since found that he has another five limited companies all registered to the same address, plus, a dissolved Company which was also recent. All of the listed companies are registered to the same address, however, none of the Directors home addresses show. So, can I only raise the summons against the Ltd Company that carried out the work or, can I also include him as an individual if I find his home address? I'm just worried that a CCJ may mean nothing with a dissolved Company and six others on the go. Any advise please?
  6. Apologies if this has been covered elsewhere but I am trying to get in a Defence on the Webiste before a deadline and can't spend too much time searching for a possibly similar case. In short this is my story; This entire "debt" was manufactured by the original lender*(Halifax) reneging on Payment Protection Insurance for the Credit Card when*I lost my job. I continued trying to pay the minimum monthly payment despite*being unemployed and unaware I could make a payment arrangement*which meant the interest just kept mounting up. I eventually was directed to Citizens Advice Bureau who assisted*me in making payment arrangement. I was subsequently advised by a friend that the debt was likely*not legally enforceable and I should request a copy of the* original agreement which I did and the lender was unable to do so* as such I*stopped paying anything. The Lender then kept sending the debt to a succession of*Collection Agencies (many just "fronts" for departments of the* Lender) who would harass me by letter and phone until I pointed*out the debt was unenforceable they would then "check with the*lender" and eventually leave me alone at which point the Lender*would engage another Agency and the pattern would begin again this*happened so often I began being contacted by some agencies for a*second time! Finally on 11th of May 2012 a letter and cheque for £103.45 (being*10% of the claimed outstanding amount) were sent to the Lender on*the stated condition this was an offer in full and final*settlement of the matter and encashment of the cheque would be*deemed acceptance of those terms. The cheque was cashed by the Lender on 28th May 2012. Since the cheque was cashed I have been telling Agencies the matter is settled and they have eventually left me a lone and then another one appears. However on 28th February 2013 the funds were refunded without any*notification or explanation. The latest agency Lowell have finally upped the ante and actually made good on threats to take me to court and I have received Claim Form from County Court Business Centre. When I pointed out the matter was settled Lowell stated the lender now claims that the money was deducted from the debt*but they didn't accept the terms and the balance is still*outstanding. However no such notification was received by myself. Furthermore the cheque sent was drawn on an account belonging to*my mother, no myself, for the sole purpose of settling the*debt as per the terms set out in the accompanying letter. If the*Lender was not willing to accept the terms then surely they had no entitlement*to the funds and have therefore cashed the cheque fraudulently!* Which potentially explains the covert refund nine months later! Any thoughts or advice would be appreciated as yet my defence on the Govt site is much as listed above.
  7. I have answered the below to the best of my knowledge : Name of the Claimant ? Lowell Portfolio I Ltd Date of issue 28/7/2016 What is the claim for – the reason they have issued the claim? Particulars of claim 1) THE DEFENDANT ENTERED INTO A CONSUMER CREDIT ACT 1974 REGULATED AGREEMENT WITH CAPITAL ONE UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT'). 2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH. 3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 12/03/2015 AND NOTICE GIVEN TO THE DEFENDANT. 4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £331.33 REMAINS DUE AND OUTSTANDING. AND THE CLAIMANT CLAIMS a) THE SAID SUM OF £331.33 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 £0.073, BUT LIMITED TO ONE YEAR, BEING £0.00 c) COSTS What is the value of the claim? 442.84 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? AFTER Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? yes PROBABLY Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure BUT prob yes Why did you cease payments? lost job and little money What was the date of your last payment? prob in 2014 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? no Hi All, Filed to defend all. My acknowledgment of service was submitted on 03/08/2016 at 19:48:00 My acknowledgment of service was received on 04/08/2016 at 08:02:24 I have prepared my CCA request to send tomorrow but not sure about the CPR 31.14. Can someone help me with time-frames please & what to expect now?
  8. Dear All, I have a scenario here I would like to get your views on. Suppose in a county court X makes a claim against Y and in turn Y makes a counterclaim against X under Reference Z (I am assuming counter claims are under the same reference number) X now wishes to discontinue the claim against Y My question is simply, will the entire claim then discontinued under Reference Z including the counter claim If Z wishes to pursue the counter claim, will he need to file a new claim in the county court? X will be liable for Y costs - would there need to be a small claim made by Z to recover the costs? Many thanks
  9. International business park Liverpool on March 24th 2015 - No Stopping Area I made a left turn into what I thought was the site entrance where I was due to work that day. I was wrong and it was a mistake. It was an entrance to an unused site, blocked a few car lengths in by concrete barriers, I had no option but to perform a U turn. After completing this I was perfectly positioned at the T junction to return onto the main carriageway. At this point a silver van drove slowly across the junction, temporarily preventing my immediate re-entry, the van then pulled up blocking my left side view of the carriageway. At this point I noticed a camera panning around so I got out of my car opened the van door and confronted the woman inside . I asked what she was doing and I was told “you’ve stopped in a no stopping area”, I replied that I was only stopped while checking the carriageway was clear as per the highway code (which it obviously hadn’t been as she was driving along it towards me). She clearly wasn’t interested in my argument, so I took a few photos of her van which was parked on yellow lines in the enforced ‘no stopping area’. I suppose I was stopped then but only due to her actions. I feel that I should not have to pay a fine for a genuine mistake (wrong turn). on the basis that I never actually stopped until I was forced to by the circumstances created by the mobile camera van. The signage was awful also. I now have a county court claim dated 3rd August & have submitted an acknowledgement of service form to the court online. claim total £238.96 including court fee and legal rep costs. I have never admitted I was the driver of the vehicle. Any help would be greatly appreciated.
  10. Hi All, I have received a CCJ from CIVIL ENFORCEMENT LIMITED after parking in a Worcester Leisure centre car park in early February 2016. I was a member at the establishment at the time (I have contacted them, merely stated they didn’t manage the car park), the car park uses ANPR cameras to record all incoming and outgoing vehicles, no barriers. I make no comment on the driver of the vehicle on said date. I received the NTK, followed by follow up letters, followed by a solicitor letter. I have since destroyed all of which. The claim is for approximately £325 Amount Claimed: £250 (Rounded up) Court Fee: £25 Legal representative’s costs: £50 Total: £325 QUOTE from Claim for - “Particulars of Claim: Outstanding debt and damages DATE—DESCRIPTION—AMOUNT—DUE DATE **/02/16 Ref ********** 236.00 **/02/16 Total Due- 236.00 (Ref: www .ce-service.co.uk or Tel:01158225020 The claimant claims the sum of £250 for Outstanding debt and damages including 12.83 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to- 13/10/16 Same rate to Judgment or (sooner) payment Daily rate to Judgment- 0.05 Total debt and interest due- 250.00 I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.” I have looked over a few threads on the forum and drafted an initial defence as seen below. Any and all help/advice greatly welcomed and appreciated. It is admitted that Defendant is the registered keeper of the vehicle in question. However it is denied that the Claimant has authority to bring this claim on the following grounds:- 1. The Protection of Freedom Act 2012 Schedule 4 has not being complied with. The registered keeper has not been proven as the driver, as such the keeper can only be held liable if the claimant has fully complied with the strict requirements. 2. The proper claimant is the landowner. Strict proof is required that there is a chain of contracts leading from the landowner to CIVIL ENFORCEMENT LIMITED. 3. CIVIL ENFORCEMENT LIMITED are not the lawful occupier of the land. (i) absent a contract with the lawful occupier of the land being produced by the claimant, or a chain of contracts showing authorisation stemming from the lawful occupier of the land, I have the reasonable belief that they do not have the authority to issue charges on this land in their own name and that they have no right to bring action regarding this claim. 4. The terms and conditions displayed on the signs at the entrance to the the site in question were unclear and not prominent on site/around the areas in question, so no contract has been formed with driver(s) to pay £100, or any additional fee charged if unpaid in 14 days 5. No sum payable to this Claimant was accepted nor even known about by any driver; as they were not given a fair opportunity to discover the onerous terms by which they would later be bound. 6. The Protection of Freedoms Act does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The Claimant cannot recover additional charges. The Defendant also has the reasonable belief that the Claimant has not incurred the stated additional costs and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described them as "legal expenses". These cannot be recovered in the Small Claims Court regardless of the identity of the driver. 7. The provision is a penalty and not a genuine pre-estimate of loss for the following reasons: a) The claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question b) The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable. 8. This case can be easily distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes and CIVIL ENFROCEMENT LIMITED have not shown any valid 'legitimate interest' allowing them the unusual right to pursue anything more than a genuine pre-estimate of loss. 9. Save as expressly mentioned above, the Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. I have ACKNOWLEDGED the claim online and have until 14th November to provide a defense. Let me know if there is any further details or information I can provide to strengthen my case. Many thanks!
  11. Name of the Claimant ? LOWELL PORTFOLIO LTD Date of issue –. 13/12/2016 Date to acknowledge) = - 31/12/2016 Date to file defence = by 4pm fri 13/1/2017 What is the claim for – 1. - THE CLAIMANTS CLAIM IS FOR THE SUM OF £432 BEING MONIES DUE FROM THE DEFENDANCT TO THE CLAIMANT UNDER A STORE CARDS, CREDIT CARDS AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND VANQUIS BANK PLC UNDER ACCOUNT REFERENCE ********* AND ASSIGNED TO THE CLAIMANT ON 26/01/2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. 2.THE DEFENDANT FAILED TO MAINTAIN THE CONTRATUAL PAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED AND NOT COMPLIED WITH. 3.THE CLAIM ALSO INCLUDES STATUTORY INTEREST PURUANT TO SECTION 69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8.00% PER ANNUM (A DAILY RATE OF £0.09P FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO 10/12/2016 BEING AN AMOUNT OF £28.80 What is the value of the claim? - £546 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - CREDIT CARD When did you enter into the original agreement before or after 2007? - AFTER 2007 BUT CANNOT RECALL EXACT DATE 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. - PRA Were you aware the account had been assigned – did you receive a Notice of Assignment? - NOT SURE Did you receive a Default Notice from the original creditor? - NOT SURE Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - NOT SURE Why did you cease payments? - A COUPLE OF YEARS AGO What was the date of your last payment? - DO NOT KNOW EXACT 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 WAS IN A PLAN THAT LASTED A YEAR BUT WAS THEN TOLD I WASNT PAYING ENOUGH BUT COULDNT AFFORD MORE .............. Hi Guys, Today I received a claim form from the county court. The claimant is Lowell and its for an old credit card with Vanquis bank Please help on what to do. p.s i believe that Vanquis bank was not being a responsible lender at the time of application I have just read another post asking for information so here is my responses in capitals... then copy this first msg to your thread - and put your answer after each question In order for us to help you we require the following information:-
  12. Hi all, I haven't been on here for a long time, as I thought my debt problems had gone away. . Until today that is, I have been sent a county court claim form from Northampton. County court the claimant is lowells, they are claiming for an old capital one credit card debt, this was an original debt of about £150 lowells are claiming for £389.90. This debt was way back in May 2006, so I'm guessing that they shouldn't be able to get a county court judgement against me? The forms look real enough but I was going to phone the court on Monday to see if it is actually a real claim. There is no court stamp on the claim form it just has a picture of a crown in a circle with the wording 'the county court'. The court phone number is given as 0300 123 1056. I don't want to call this number and start discussing the case if this is a "fake" form and I actually end up talking to lowells themselves. Any help or ideas on this matter gents and ladies? Many thanks in advance for all and any help. Regards Moonlandings
  13. I just received a claim form from Northampton County Court Business centre. The claimant is UKPC through their legal team SCS. I got several parking notices back in May 2013 for parking on an access road in a private residential area. So can anyone please help me with the defence I need to write on this claim form. On the form, there is also an option to tick regarding jurisdiction, can anyone clarify me what this means please. I also want this case to be heard in Brentford County court because thats only 2,5 miles from residential area in question. I don't understand why they had to go that far away. Thanking all of you in advance
  14. Hello, I just received a letter this morning from County court Business centre, which states that I owe Lowell £289.78 including court fees, ect... I do not understand why I need to pay these fees because I've never held a account which states to be on the letter with Shop Direct. I remember buying a TV from Very.co.uk, but I had paid the full amount, and thought it was done and dealt with. And now I receive this please guys could you help me? Really frustrated with this, and do not understand any of these nonsense. If there is any details I've missed out, or you would like to aid/help me in this, please post, so I can know, and bare with me in advance. Thank you guys. ^.^
  15. Hi, Only just come across this forum after doing a bit of research myself, so I'm partially through the process, but would like input on anything I'm doing right or wrong, or have missed anything important out. History ---------------- Date of parking "event" was July 2012. PPC is a smallish one, local to me, as is the car park. I can give specific details, but I'm not sure that's wise on here? PPC I *think* was BPA at the time, but has since moved across to IPC. Ticket was apparently placed on car. Any notices that were sent out (can't remember if there were any, as they were a common occurrence back then) were ignored, as was standard practice at the time. Heard nothing more until January 2016, where post-Beavis they must've trawled through all their old cases and reactivated them via a letter from Gladstones. I requested documentation - they sent me out images of car with ticket on and I *think* picture of signage. I heard nothing more for months, thought it had gone away, stupidly binned the documentation, and then in September received an really poor attempt at an LBC from Gladstones. It contained the date, the amount and a pointer back at "previous documentation sent". I sent Gladstones an EMAIL (mistake?) requesting that they sent proper LBC with clear statement of facts, list of relevant documents, how the amount had been calculated and any ADR offering. The next thing I got was the Court Papers. The Poc basically says nothing apart from the date, the costs and claiming the sum of the original £125 + 42.25 interest, along with the court fee and legal representative fees bringing the costs up to £250 Where I am with it. ----------------------------------------- My research tells me that as the event was over 4 years, was pre-Pofa, and i have no idea who was driving, the case should never make it to court as they shouldn't be able to go after the Registered Keeper. Only the driver. There were multiple people insured to drive the car at that time (I have the old insurance certificate) However I gather that it all depends on the judge - judges can be unpredictable. So I'm still doing research. I'm about to send a Part 18 and a 31.14 request to Gladstones for information regarding the PPC/Landowner contract etc and also to get all documentation through so I can defend myself. I gather it's likely Gladstones will ignore my request. I think it may be a good idea to send a SAR to the PPC and try and get the documentation off them too? Without that documentation, without knowing exactly what they plan to rely on, I can only really use a standard templated defence, including the fact that it's pre-PofA and they haven't provided proof I was driving. I can only hope that they don't have any further evidence (such as CCTV footage) and try and spring it on me in the hearing. Is there anything else I can do, or should be doing? Thanks Cal
  16. I'm after some advice if possible. in my stupidity I haven't being paying my water charges. about 4 weeks ago I received a letter from the county court for welsh water charges from 2016-2017. My wife immediately opened a new account from 18th Nov and has made a monthly payment. I replied to the court with a part admission for the charges from April 2016 to Nov 16 as my wife had opened an account and was making regular payments, I also supplied the new account number However I have received a response from welsh water that they have denied my claim for part admission. are they allowed to carry on with the courts for the full amount for the financial year, as they will essentially be getting paid twice from 18th Nov for water charges at the property.
  17. Please can I have the opinion of some of the CAGERS on here for the attached agreement. I CCA'd MBNA and received a letter with the attached agreement with the T&C's on the reverse, along with the current T&C's and my current statement. I am unsure if a credit card needs to show the credit limit and the interest rates are only shown as APR for a set amount of credit. Your opinion would be really appreciated. [ATTACH]13015[/ATTACH] [ATTACH]13016[/ATTACH]
  18. Hi all I am very worried as I have received a County Court claim form from PRA Group. This is in relation to an alleged debt they claim to have purchased from MBNA in 2012. I have received various letters from them in the years since then, several with 'gift vouchers' attached to reduce the alleged debt. This always led me to believe that they were just angling for contact so I ignored these. I have requested the CCA previously, and after a long delay one was produced, but their written correspondence then reduced. Recently (in June) I received a 'letter before claim as required by the Practice Direction on Pre-Action Protocols' dated 23/6/16. I responded on 2/7/16 by requesting the CCA again and stating 'I do not acknowledge any debt to your company'. I received a further letter from them on 7/7/16 entitled 'Information as requested' and with a CCA attached. However this was followed very shortly by a County Court Claim Form dated 25/7/16. They are claiming the alleged debt, a court fee and legal costs, plus Statutory Interest. I am worried by this and also because they are trying to include Statutory Interest at 8% from 27/11/12 to 22/7/16. Are they allowed to do this? I read in other threads this is not allowed to be part of a claim? I have attached their PAP letter, their response to my CCA request and the CCA, and the County Court claim form below. Any help would be greatly appreciated as I am really worried about this. PRA_Group_PAP_CCA_Claim.pdf
  19. Hope someone can give some advice on this. Received a Claim Form from the County COurt Business Centre in Northampton about an alleged debt owed to a company called Contract Natural Gas. It has a company, Turner Parkinson LLP, shown as the legal representative for the company and who all documents and payments are supposed to go through. The claim is supposedly for Utlilities supplied to a pub (I'm assuming this based on the name) called Clifford Arms, and they give a road name and postcode in Warton in Preston! (We live in the South West.) The name of the person they are claiming against is similar to my partners, but with a letter dropped from the first name. From what I've been able to find online, the utilities company specialise in providing services to businesses, although I can't find the actual pub they claim they provided services to. On searching the postcode from the pub address, it appears to be the location of a taxi firm and possibly another small business in some sort of business unit. This has nothing to do with us. My partner has been a stay at home mum since our children were born over 20 years ago and she has never lived outside the far south west since her childhood. What can we do to get this stopped?
  20. I have posted a similar thread before for Brian Carter is he the same as Lowell if so just wanted to clairify the first course of action is to go on MCOL site and defend all, secondly request CCA, the original date of account was 8/8/07 and I did pay something but am more than sure I have not paid anything to them in the last 6 years. Please can someone just let me know if this is correct course of action. Greatly appreciated Mashmallow
  21. In order for us to help you we require the following information:- Claimant: Arrow Global Limited Issue date 9 / 8/ 2016 What is the claim for – 1.The claimants claim is for the sum off £9500 being monies due under a regulated agreement between the defendant and MBNA europe and assigned to the claimant on **/11/2015 notice of which has been provided to the defendant . 2. The defendant has failed to make a payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974. 3.The complainant claims the sum of £9500 4. C has complied as fas as is necessary with the pre action conduct practice direction . What is the value of the claim? £9500 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? in 2003 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. - Arrow 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? Not aware of this Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Not sure What was the date of your last payment? Dec 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 managementicon plan? No Hello Received the above claim on 12 8 2016 ,I was unaware of this debt until i received the paperwork , I was not living at my address for 2 years as i was renovating it and moved back in april 2016 . I was receiving post there but dont recall and default notices . Any help would be much appreciated Thanks
  22. I have just received a claim form from the court. Lowell's are claiming for a credit card with Lloyds. I have not heard anything about this debt for years. I found an old email that I sent complaining about lloyds (to a consumer action group) because they were harassing me by telephone-this was in 2008. I also stated in the email that I had been paying it but was in dispute with them so had ceased paying. I am pretty sure I would not have made any further payments I think it might be statute barred but I am not totally sure. Could someone please advise me as to defend as in dispute with original debtor (I think they are not allowed to pass it on to a creditor if in dispute?) or if its better to try and get account details from Lowell and copy of agreement, assignment etc to see if its statute barred. Thank you
  23. Hi.. Good afternoon everyone, I really hope someone is able to help me. This morning I've received a County Court claim. The perusing claimant is Mortimer Clarke Solicitors acting on behalf of Cabot Financial. The debt of £413 is from a Capital One card from 2004 (£213 of this is interest charges). The last payment I believe I made to (Aktiv Kapital) was back in December 2009, although I can't confirm this as I have a different bank account now, and I've made no contact or acknowledgement since. I checked my credit file in late December (screen shot attached) and seen they (Cabot) had registered 2 recent payment defaults against me. Just checked my file again today and it's disappeared, no trace of it. However it did show the default payment date recorded on the account was 29/01/2010. so would this make it statute barred ? Do I still have time to send off a CCA request to Cabot in the hope of delaying this, or have I left it too late ? Should I complete the section of the court claim document to Dispute the Claim as it maybe Statute Barred ? Please help, not quite sure what my next course of action should be. Kind Regards L
  24. A friend has had a Money Claim but cited with a co-defendant with whom she has not had any business association whatsoever. There were two amounts - one hers and another owed by the co-defendant. Unfortunately she did not enter any defence and has received Default Judgment for both debts, Court Fee and a Solicitor Fee of £100 (no invoice submitted as proof). She now is prepared to admit her debt and offer instalments but needs to disclaim the debt of the other Defendant. What Form needs to be submitted N244 or N245 or both? As she has a very low income she can request a remission of Fees with Form EX180
  25. Just a quickie...as per section 70 of the County Court Act 1984; Finality of judgments and orders. Every judgment and order of a county court shall, except as provided by this or any other Act or as may be prescribed, be final and conclusive between the parties. This means that you can't challenge the decision without an appeal, as far as I can make out. So if you don't like that judgement and want a better one, you can't just make an application to alter it...but you can make another application so that you have 2 judgements for the same debt? Or am I wrong? TB
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