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  1. Hello Really hoping someone can help. I've received the the forms from court regarding a outstanding debt owed to moriarty law, formerly Lantern and formerly MMF on behalf of poundstopocket. I know I have to respond within 14 days but I really don't want a CCJ because this will affect my future employment and potentially affect my current job. I'd really like to avoid the CCJ but can't afford to pay the full amount at once although I may be able to do over 6 months. Do I have any options as I'm really worried or should I just send the admission and come to a pay monthly agreement and accept the CCJ as satisfied. Thanks
  2. Hi All, Received a county court northampton form for lowell. An o2 contract. I've asked for proof of this from lowell and as it was taken out online, there isnt much they can prove. They said they have requested statements but these will show blank. Contract was not used, only the phone (which they eventually blacklisted) If i'm honest I lived at the address for a month and have no link to it, which was where the contract was set up and sent to. Can I disagree with the claim and ask them to prove it was me who took out the contract? If not, what can I do? Thanks,
  3. Hi all, just found out I made an Illegal left turn in cardiff may 2017. Need help on which forms to use. Cardiff Pcn people have said I need to complete forms TE9 and TE3. TE9 just asks fo r some details, in my case I never received the initial notices as didn't re register my Car to my new address, but nowhere on the form does it ask why I didn't pay. TE3 I just don't understand. How do I let them know why I didn't pay the initial charge . Should I be using form te7 or other forms
  4. https://www.whatdotheyknow.com/request/assessment_of_deferment_applicat#incoming-562041 dx def process.pdf ref sheet.pdf orig def form.pdf
  5. Hello Long time lurker who now has to step out of the shadows and is requesting help please Long story short I have various debts that due to breaking up with a partner and being made homeless and leaving the house with just the clothes on my back i could not afford to pay. This was in September 2008 and at that point I stopped paying all of my monthly payments because i simply couldn't afford them. I have not paid or acknowledged any of the debt since then but up until that point i had made the appropriate payments to the accounts as per the agreements. I have received loads of letters over the years about various debts from DCA's and filed them where they belong in the bin but unfortunately my new wife found the most recent one and got into a panic about it not knowing the rules on these things. So to allay her fears and knowing that everything should be SB from that time i (foolishly) sent the DCA the standard statute barred letter (sent recorded and signed for).. .. and recently received a response from them saying "Under the limitations act 1980 a creditor has six years to pursue for most unsecured unpaid debts. The limitation period starts from the time of your last payment or acknowledgement of the debt, not the total length you have been making the payments. The account was taken out on July 2007 and later defaulted on 28 December 2010 due to non payment. The above balance still remains outstanding as this is not statue barred so please contact us to arrange payment. If no response is received a claim form may be issued incurring costs. If you do not respond to the claim we may apply for a county court judgement....." Now I know for a fact nothing was paid or acknowledged in this time from me stopping paying my normal payments till the adding of the default to my credit file over 2 years later. As per usual with DCA letters i decided to call their bluff on this correspondence.... unfortunately yesterday i get a letter from Northampton County Court saying that they have applied for a CCJ and the relevant forms for me to fill in and send back, the date on the court letter is the 29th September 2016. Now in my mind i have narrowed the debt down to either a laptop or a sofa that was taken out on finance. The amount sounds more in line with the laptop i brought but that was through HFC who i know sold various debts but im not sure who to. The original debtor on the DCA letter is described as creation finance which is who i took the sofa finance out with but the amount seems to low to me for it to be the sofa.... as stated i know for a fact that i have not made payments for these items and hadnt paid any funds in front for it not to be defaulted for a further 2 and a bit years. What has really put doubt in my mind is the long delay on adding the default to my credit file (which i havent checked). But its such a poignant date and time of my life for me not to remember exactly when it was, even now.. .. unfortunately i have no access to the bank accounts i had back then to confirm when i stopped paying. So to the great people and contributors of the consumer action group i ask what you recommend i do from here please. . obviously i want to defend the CCJ as i feel it is statue barred but i have no proof other than my word that i know its statue barred... Should i call Creation finance and try to find out what the original payment dates were? Will a straight defence on the court forms be that i know it is statue barred be sufficient?...... Should i send the acknowledgement of service to buy me the time to decide what to do? I am fully prepared to attend court if needs be to argue this but would like to request that it is moved to a court closer to me as Northampton is an hour and a half drive away is this doable? Please help and thanks in advance.
  6. Hi all Ive had an issue going on with Lowell/Cohen regarding what they say is a catalouge debt. I asked them to prove the debt as it is not one I recall (other debts are cleared) as they threatened court action, and thats what they have done. I received very vauge information from them ,but they sent what they claim is a credit agreement which is missing my signature (it was apparently an online from, where my signature is missing,there is a tick box instead). Today I received a form from Northampton, the particulars of the claim state - " The claim is for the sum of £xxx..due by the defendant under a non-regulated shop direct account with the account reference of xxxx... The defendant failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on xxx,notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceddings in the sum of £xx. The claimant claims the sum of £xx" Two things also concern me regarding these forms - It seems to be missing a court stamp - there is just a printed circle of 'the county court' on it Return address for sending payment and documents is cohen cramers The papers were received today. Many thanks in advance
  7. Name of the Claimant - Arrow Global Limited Date of issue – 05 August 2016 Date to acknowledge= 24/08 + 14 days date to submit defence = 06/09 (33 days in total) - What is the claim for – the reason they have issued the claim? 1 - The claimant's claim is for the sum of £1547 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank Limited (No.XXXXXXXXXX) and assigned to the claimant on 30/11/2015, notice of which has been provided to the defendant. 2 - The defendant has failed to make 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 claimant claims the sum of £1547 4 - C has complied, as far as necessary, with the pre-action conduct practice direction. What is the value of the claim? £1547 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card account When did you enter into the original agreement before or after 2007? - 1996 Assigned - Debt purchaser (Arrow Global) has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I received a few different ones assigning it to various debt purchasers over the last few years. Arrow Global being the most recent. Did you receive a Default Notice from the original creditor? - Do not recall - I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I don't think so. Why did you cease payments? - unsure - possibly 2010 What was the date of your last payment? - unsure - possibly 2010 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? Explained loss of job and financial issues and agreed and paid reduced, no interest monthly payment to MBNA until assigned to Debt Collection company then no further payments made.
  8. Hello all, My first post on this great forum - very nervous and very worried. Please correct and advise me if I do anything wrong or don't follow correct protocol as I'm not a regular user of any forum! I had two credit card accounts with MBNA one started 1996, the other in 2001. I believe I stopped paying the full repayments around 2005 due to losing my job and the resulting financial problems and agreed with MBNA a reduced, interest free monthly repayment. Some time later I received letters saying both accounts had been assigned to a debt collection agency who would now be taking over the accounts. I think these were possibly re assigned two or three more times to different agencies over the next couple of years but my memory on these is not so good as I was suffering from severe depression around this time and on prescribed medication. I probably ignored and binned any correspondence from around this time. Most recently, around November 2015, Arrow Global took over both debts and on 05 August this year I have received two Court claim forms (one for each account). I read a few threads and have responded to the claim online at moneyclaim.gov.uk to acknowledge service and stated I wish to defend. Now I'm struggling and worried sick that my head might go again and would be so grateful for any help you wonderful people could provide. I don't think I have a lot of time to respond?
  9. Hi Guys Been a while since I have been on the forum, previous thread was a few years back about link financial and spectrum in the debt management forum. One of my creditors was Lloyds TSB bank loan of £20,000 to clear credit cards, although that never happened but that's another story. The loan dates back to 2005 and was defaulted in 2007 due to wrong advice from spectrum financial protection, during the time with spectrum, BLS collections collected the payments from spectrum until the debt was assigned to AKTIV KAPITAL PORTFOLIO AS, OSLO,ZUG BRANCH in 2013, and then on to PRA group in 2014, (if I remember right, aktiv changed to pra). This debt is in my wife's name only, and she is very frightened as to where this is going. Since Aktiv and PRA have been involved with this debt, they have sent letter after letter, every week, and have also been harassed by them from constant phone calls, I mean at least 2 everyday if not 3 for the last 2 years. We have never answered one of them, just pick up their messages, and have never replied to any of their letters. 2/6/16 usual threat of court action. 25/6/16 letter before claim, they wanted me to acknowledge and answer by the 11/7/16, but I did not. 5/7/16 cca request sent to PRA group 7/7/16 confirmation of cca request letter from PRA with my £1 postal order returned as they do not require it for my request. (unlike link who previously charged it to my account) 29/7/16 claim form To this day we have not received cca from them. We are not disputing that we owe the money to Lloyds and will happily pay at a sensible amount per month, I dispute that I owe PRA money plus the stupid amount of interest on the claim form, I didn't want it to get this far but guess its to late now outstanding balance - £15,905 Amount claimed - £19008 Hope someone can help as don't know what steps to take next, my wife is having kittens in the kitchen at the moment and really wouldn't cope with a court appearance if it comes to that. Thanks in advance Chris
  10. Hi, are there any organisations other than the CAB that can help with PIP forms please?
  11. Hi, and firstly thanks for the great wealth of information on his site. I have received 2 claim forms in the last few weeks out of the blue, its close to the dates for statute barred on both of them. Could someone please confirm they are both statute barred as I'm a nervous wreck about them. I have just been flicking through this forum looking for statute barred templates and noticed an explanation which made me question if I'm right or wrong. I have a claim form dated issue date 30th Nov, it is with Arrow global Limited for a credit card with Sainsburys taken out in 2004. I have acknowledged online that I am going to defend and am about to go through the statute barred defence. It is extremely close to the date for the six years to be up by just a week or so, im hoping! I have a letter from Sainsburys which shows the first payment I missed was on 24th November 2009 and the last payment being made one month before this on the 24th October 2009. I havent paid or acknowledged the debt since. Is this ok as statute barred? The second claim I have received is dated issue date 11th of December 2015. It is for an MBNA credit card taken out in 2003. The last payment made was 02/12/2009. After initially checking I was relieved as I read statute barred came into effect '6 years from the date of the last payment', I just noticed the explanation linked to the word statute barred on this forum says '6 years from the payment due date'. This could mean that both are within six years as its from the date they didn't receive a payment. I know its late in the day to check but please can someone confirm if they are definitely statute barred. I havent been moving house or anything like that. I initally CCA'd them before I put the accounts into dispute and ceased payments at the time in 2009. I have all my correspondences to and from with recorded delivery stamps from the time which back up the dates I have quoted.
  12. Can anyone help me with this. I've received claim forms today about a debt from 2008. It was an MBNA card that my ex husband run up and I'm going to be honest here, I've buried my head in the sand with a lot of it. It's in my name so that's not really a defence. I know I should've sorted it ages ago as maybe I'd not be sat here now sick with worry. Anyway, it says it's for £10,984 In the particulars of the claim it says the following: The claimant claims the whole of the outstanding balance due and payable under an agreement referenced opened effective from 11/08/1995. The agreement is regularted by CCA 1974 whch was signed by defendant and from which credit was extended to defendant. It then goes on to say that I failed to make payment as required and by 31/5/08 a default was added and as of 19/8/08 I owed mbna £663749 (there's not . but I assume its supposed to be £6,637.49 otherwise I am in trouble!!) It then goes on to say by an agreement in writing the benefit of the debt has been legally assigned to the claimed effective 19/06/08 and made regular upon the claimant service a notice of assignment on the defendant shortly thereafter. And claimant claims 1. 673749 2. interest pursuant to section 69 county court act (1984( at a rate of 8% per annum from 19/6/2008 to 23/11/2015 of 377816 and thereafter at a daily rate of 140 to date of judgement or sooner. -- So what do I do? Do I just send the court forms back and try to arrange a payment plan or is there anything I can do to reduce the interest? I'm so worried I'm going to lose my house over this. Any help gratefully received
  13. Allegedly I drove into the bus lane in august 2014, twice. Bmth Council have sent PCNs and all corespondense to my old address. I moved to the new address in january 14. My oversight was to notify driving licence department of DVLA and presume they will share information with vegicle registration people.. . I letter has been delivered to my on 04/08/15 by the new owner of my old address. Its from Equita. They have been trying to reposess my car for the debt of £579. Since them I have been in touch with Bournemouth Council and TEC, Filled out and sent PC2 and PC3 forms. However, Bournemouth Council is requesting for my application to be rejected on the ground that the correspondence they sent was never returned as undelivered so I had plenty of time and opportunity to reply to them. I believe now both parties are waiting for resolution by TEC. Is there anything else I can do?
  14. Hello i have just received a letter from Northampton county court and the claimant is IDR finance, the debt was originally with Barclay card, then link finance bought the debt.. .this information was given to Stepchange debt charity as they are currently dealing with my creditors, what can i do or what should be the first action? should i deny owing the money? and tell the court this? or write to the court and say i do owe some of it (not the mega interest they have charged) and it and fill in an monthly expenditure form and offer a small amount ?.. ..or print off the letter template here and ask for the original agreement? please help as i am very unsure of what to do thanks
  15. I have had a charging order on a joint owned property in which I live for several years now i have been paying the court ordered amount of £10 per month without fail. The solicitors (the infamous Restons) keep sending me every six months or so income and expenditure forms to fill in. In the past I have simply sent them a copy of my P60. Am I correct in thinking I am under no obligation to provide them with anything and that only a court can order an increase or decrease in what I am paying them? Or am I being delusional and should provide them with the information they seek? There is the likelihood if it does do back to a court then the monthly amount would be cut as my income is only a very small pension and I only meet my financial obligations with the assistance of my wife. Should this be referred to a court who pays the fees in such a case - if me then it is probably in my best interest to give this information however annoying it might be? All advice and comments welcomed.
  16. Would be grateful for advice..... I ran up a c/c debt of around 9,700 from a card that I had originally on a 0% agreement (this was a balance transfer from another card). The plan was to transfer this again when the interest kicked in. Unfortunately when this time came I could not get another card to transfer the balance (this was on affordability as my credit rating was excellent at this time). I was making the minimum payments on this, however b/card kept increasing the interest until I could no longer afford this. I did contact b/card to advise of difficulty and an offer of £50.00. They weren't interested and advise me to pay the minimum amount so I would not fall into arrears. I then stupidly buried my head in the sand and stopped paying, it just felt like I could never repay this as for each £200.00 I paid most went back on in interest. It's eventually ended up with Link financial who I have ignored. I got a letter on 12th December 2014 this was a 'letter of action' asking me to pay £10,789.24 in 14 days. On 15th January I have received a claimform from IDR for £11704.25 (this is the balance owed with 8% interest) plus £410.00 court fees. I don't have a defence for the debt, I do claim responsibility, however I am currently trying to get a lump sum together from friends/family to try and settle this. I am worried about the effects of a CCJ on my employment, although there is nothing in my contract to back this up I work under the 'financial' area of the business and own a company c/c. I want to contact IDR to see if I can avoid this route and to get some time to try borrow money but do not want to do this via phone, I can't find an email contact for them and do not have much time to send anything via post. I know I have brought this on myself by not facing the facts sooner, but is there anything I can do to delay/stop/change proceedings? I know I owe the money so don't want to dispute that, I suppose I want to try resolve this without court action - something I know I should have done a while ago! I have spoken to stepchange who have done me a financial statement saying I have £70.00 surplus as an offer to them should I end up accepting the CCJ . Don't know what to do now. Thanks in advance
  17. I have debts with Robinson Way and with Mint. Robinson Way took over Marbles debt, and offered me the chance to pay off less than the full amount in settlement. I accepted, and they sent me a letter saying I needed to fill in an Income and Expenditure form, and contact them about how to send the money. I had already settled another similar debt with them earlier this year, without the income/expenditure form being needed. That was a lot of hassle as well, with them delaying details until I phoned them to find out how to pay them. I also offered Mint to pay off their debt, at a lesser amount, and they also sent me an Income and Expenditure form, to fill in, saying it was needed for me to pay off the lesser amount. My question is – is this legal? Do they need to have an I/E form to settle a debt? No-one else has ever required one, and I have settled several debts this way, when I can afford to do so. I did ask CAB about this, and they did not know, only suggesting it was to make sure I had enough money coming in that I would not kill myself after paying the money!
  18. when u send ur pip to dwp they then send it to atos can atos send it back to dwp to give you pip without they seeing you
  19. ok firstly I did look around for already existing advice. If it is already here I apologise, Its cos I am an idiot and not just lazy So the claim forms have started hitting welcome mats around the country. What is the conventional thinking regarding section B "Why you want to be considered for compensation" ? Should the choices spelt out in the letter be the only reasons quoted or do Caggers suggest additional arguments too?
  20. Hi, new user here. I have an ongoing dispute with Aktiv Kapital over an MBNA card and would like to check the application form they sent me, but I can't access them in the library. Is there any reason for this. Thanks Fallman
  21. Hi Guys/ went to a face to face medical end of August this year put in suuport group, got another form through post today,any advise or just start over from new
  22. Hi, I've made a F&F offer of 25% to Santander but all they wrote back to me was for me to fill in a income/expenditure form and asking me to let them know about the other debts I have and how much I am offering them. Is this legal? I feel that if I say no then I won't get any further with them. This might be just a generic letter as I have been in a DMP with the for 4 years. Should I just offer them again? I have nothing in particular to hide but I don't want that info to be used against me.
  23. Hi all I have received CC claims form with regards a current account overdraft, as well as a letter from January This was passed on to me by people still living in the house I used to live at. Claim is for under £1600 I had the account statements delivered for this personal (not my main personal acc BTW as I use Nationwide and have done for 20yrs) to my business address details at a former business that ceased trading. I did not use the account that much I wrote to the bank in March 2009 (hand delivered and signed for ... I used to run a courier company), informing them of demise, and telling them to cancel all D/D's etc and asking them to inform of how to proceed. Also saying not to send anything further to old business address. I didnt hear from them in any way for four years and frankly forgot the acc; in fact, 1st correspondence from bank was this letter to inform that the 'debt' had been assigned At no time has there been a 'default notice' that they allude to in POC I have no intention of not paying/trying to avoid anything that is due and am happy to reach a settlement, but the amount seems much inflated but I dont know how much by without having recieved statements etc! Also, I am cautious of these companies and want a full and final settlement with nothing outstanding I have seen and worked out how to send new debt owner a CPR 31.14 request from the forums here and can do that if thought useful Also, I could send the bank an SAR request, though time is critical. Obviously I need to sent court the acknowledgment of service form ASAP Do I: a/ Dispute the full amount b/ dispute part of the amount Anyway; how to proceed? My intention is to clear what is really due, and obviously avoid a CCJ, but not pay more than necessary if claim is inflated
  24. Do i have to fill out Income and Expenditure forms for all my creditors? The problem i have being self employed is that in filling them out would show that i have no available income to spare, but the truth is i have other un declared income and i actually want to pay these debts off but without the interest charges
  25. hi i had great help from here on my husbands tribunal for esa which we won and now we have dla renewal is there any help i can get on here for filling them in thankyou guys
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