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Found 510 results

  1. Can anyone offer advice please on my receiving a Court Claim for a parking charge notice from an alleged parking infringement in October 2011? Briefly the details are: In Oct 2011 I loaned my car to my brother to shift furniture for his friend. Over the years since I have received threatening letters from Excel Parking services which I have ignored as I was not the driver. I shouldn't have ignored them but I saw no reason to respond. My brother was a disabled badge holder but I am unable to determine if he used it at the time as he died in 2014. A company 'bwlegal' started chasing me for various sums of money late 2016. Their last letter stated Excel were going to issue court proceedings for a sum of £258 made up of various items. This raised concern with me and I wrote to them a few days before their deadline to advise them I was not the driver. I did not mention who was the driver as there was little point in doing so. I have never been taken to court before and appreciate any advice on how to proceed. This has been going on and on and I wish to see the end of it. I intend to defend their claim in court and have until 28 March to respond. It looks like I have to return a 'Acknowledgement of service' to gain 28 days grace to prepare my defence. My questions are: As the alleged contravention took place before 2012 am I correct in ascertaining that the Protection of Freedoms act, specifically 'clause 4' which holds the registered keeper liable, is not valid in this case? The response from bwlegal to my letter states that I have been given opportunity to disclose who the driver was and quotes 2 further legal cases which I will have to argue against. Elliot V Loake 1983 and Combined Parking Services V AJH films 2015. I believe I can argue against these points with some more research. Advice please on how to proceed. Thanks in anticipation.
  2. Hi All I am looking for some help/advice on behalf of my mother-in law. She had a new kitchen fitted last year. Earlier this year she had a new boiler fitted need a new cupboard. She contacted the installer directly and asked if he could source one. He said he would have to order from abroad so stupidly she paid him in full. (over £900 pounds) That was February and she still hasn't received the cupboard. He does not keep in contact and she leaves messages which he never replies to. He has a shop a few miles away but it never seems to be open. The last time she spoke to him he promised delivery a few weeks ago but it never arrived. He has his own company and I checked on companies house yesterday and it was dissolved in July. I think she paid him directly and not his company. She has reported it to the police but they seem reluctant to do anything. Could she make a claim against him to recover the money she has paid and if so what would her chances be?
  3. Hi all, I have received 2 Parking Charge Notices (for different contraventions) that are at different stages. I have received the NTK for infringement 1 while infringement 2 occurred on August 31st so I still have a few days before the NTK is sent. I am looking for some advice as I feel both have been administered unfairly. Please let me know if it's advisable to open a new thread for the second PCN to avoid confusion. PCN 1 For a windscreen ticket (Notice To Driver) please answer the following questions.... 1 The date of infringement? 04/08/2017 2 Have you yet appealed to the parking company yet? No if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload has there been a response? please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) - YES what date is on it - 05/09/2017 Did the NTK provide photographic evidence? YES 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) NO 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? Millennium Parking Services 6. where exactly [Carpark name and town] did you park? Live in a rented flat in Cardiff, returned from holiday on August 3rd to find out the car park (private parking) was to be regulated by Millennium Parking Services starting on August 1st. We were unaware they were being brought in. Each flat has one allocated space but I live with my partner, both have cars so when the building management company provided us with permit we had one for a permanent resident (my partner uses) and one visitor pass - I used the visitor pass and placed it in the windscreen. Now the contravention Millennium Parking Services have said is that it wasn't displayed clearly. As I wasn't provided with the plastic pocket I placed it in the corner of my windscreen. The photos that Millennium have taken are from an angle where you can't see the expiry date or that it states Visitor permit. The PCN was issued 3 days after they began regulating and you can clearly see it is the permit we have been provided. What advice would you give for this contravention? I have attached an image of the permit, the permit displayed on the day and the image the NTK has provided. PCN 2 For a windscreen ticket (Notice To Driver) please answer the following questions.... 1 The date of infringement? 31/08/2017 2 Have you yet appealed to the parking company yet? No if you have then please post up whatever you sent and how you sent it and the date you sent it, suitably redacted. [as a PDF- follow the upload has there been a response? please post it up as well, suitably redacted. [as a PDF- follow the upload guide] If you haven't appealed yet - ,......... have you received a Notice To Keeper? (NTK) - NO what date is on it - N/A Did the NTK provide photographic evidence? N/A 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) N/A 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? [it is well known that parking companies will reject any appeal whatever the circumstances] 5 Who is the parking company? Millennium Parking Services 6. where exactly [Carpark name and town] did you park? As mentioned in PCN1 we have private parking, and although we have 2 cars unfortunately there's only 1 car parking space allocated but there are 4 visitor spaces specifically for the building apartment. However upon moving into the flat I asked the estate agent what the process was for residents who had 2 cars and the response was that it's "first come first serve" for the visitor spaces and that other residents use them to park their car in. The contravention on PCN 2 is that I was parked for longer than the prescribed time. I have attached an image of the signage around the car park which does advise 'visitors' can only park for 24 hours and there's no return for 24 hours I work in Cardiff and walk back and forth to work my car will often be left for 2/3 days without use at a time I don't want this ticket to be the first of many. I have written to the building management who it seems don't want to get involved feel at a bit of a lose end as I can't see the point of appealing. Any help for either will be very much appreciated - please let me know if it's easier to start a second thread for the second PCN. I will be back on here around 5pm tomorrow evening so will respond to any questions or queries then. Thanks in advance guys! IMG_2700.pdf IMG_2912.pdf IMG_2991.pdf IMG_2940.pdf
  4. Hi folks, i have posted on the forums before and successfully won in a claim against me. This recent claim against me for an alleged debt of 3,815.60 inclusive of their so called costs..(which to me are ropey). .please bear with with me as i need to refresh my knowledge of certain aspects in compiling my defence... In the claim form particulars . .. there is no mention of when this alleged debt was instigated , i.e. when i am supposed to have defaulted . It is my understanding that this should be there on the claim form..by default...(help with this appreciated). the claiment states that i have been notified of the assignment from "shop direct" by letter.. . i have received no letter . i would require proof of this... but such a letter is not the deeds of assignment.. if i am correct? i intend to counter this claim and request the necessary 28 days. . rather than the 14... been through this before and which forms to fill in. .. so it is not this info. i seek... just a refresher would be good at this stage on what ammunition i can avail of. i think these people sent me a letter months ago offering me to only pay 80.00 pounds. .. and i am given to wondering should i have tried to settle it at that stage... Any advise greatly appreciated..
  5. Hello All, i had a credit card with creation 3 years ago with an outstanding balance of £1000. After doing the rounds with several DCA's it is now with lowells who are taking court action. i have acknowledged service with an intention of defending the whole amount as i believe the debt was sold unlawfully as no default and termination notices were ever received although i guess the assignment letter could be classed as a termination. Is it worth sending them a CPR 31:14 request as it is obviously small claims? POC Are:- (no cca attached) 1/ the defendant entered into consumer credit act 1974 regulated agreement with creation. 2/ the defendant failed to maintain the required payments and a default notice was served and not complied with. 3/ the agreement was assigned with claimant and notice given to defendant 4/ despite repeated requests the amount remains outstanding. 5/ (a) the claimant claims £1000 (b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to date of issue accruing at a daily rate but limited to one year © costs thanks in advance
  6. Good Afternoon, Looking for some advice; got a letter of claim for a loan I took out with HSBC around 5 years ago? I was made redundant at the time and couldn't keep up with the repayments, when I tried to claim on my PPI for the payments, they said I didn't have any even though they were charging me for it. So I stopped paying them, and they kept switching the debt around from collector to collector, until they got to Lowell and then now BW Legal. I hope someone can give me some info on how to respond! In order for us to help you we require the following information:- ? Lowell . Received today. . HSBC, for a loan that I couldn't afford to repay once I was made redundant and they refused to honour their payment protection on at the time. £3001.14 or after 2007? After. Why did you cease payments? approx 2010 Was there a dispute with the original creditor that remains unresolved? Yes, they would not honour PPI even though they were charging for it each month prior to my redundancy. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes, although as I was unemployed I advised I could not pay at all, which is why I wanted to use my insurance.
  7. I gave 4 weeks notice over 2 months ago now and should of received 4 weeks pay plus holiday entitlement. I did not recieve to holiday pay but they said they would investigate it. It dragged on all month and I did a few shifts for them after my notice was served to help with staff shortages. Today I was paid for the extra shifts I did for them but still no holiday pay. If they are saying I am still staff (bank staff) because I'm helping with a couple of shifts can they deny my holiday pay? Even if I was bank staff I don't see how I would be able to use holiday time because you only get offered shifts short notice when you are bank staff. This firm came in in January as a takeover. I have still received not contract from them. Thanks guys. George
  8. Hi. Some help and advice needed please. Had a suspended possession order on my house about 2 1/2 years ago. Was paying CMI + £63 and not problem. Missed a months payment, hadnt realised it hadnt gone out then discovered this several months down the line when I was told my mortgage provider GMAC that they had stopped taking the extra £63 when the months payment was missed as this had invalidated my agreement. Been making payments generally with the odd missed payment due to stupidly taking out payday loans to help the debts that I had inherited from my ex husband as he had subsequently died. Been trying to sort everything over the last 6 months and done everything wrong and paid my non priority debts over my mortgage as they had turned up on my doorstep and at work. I now know I shouldnt have done this. Last Thursday received a notice of eviction for 18th September out of the blue, no warning from GMAC / Paratus. Although I havent paid the last 6 months I have still paid £2190 of the £2880 due since December '11. My arrears stand at £3700 equivalent to about 10 months.(probably less than 10 months as some were accrued when my payments were £700+). I can easily afford the mortgage now that I have sorted the other debts and with a decent amount surplus each month to reduce the arrears. I also have a buyer which GMAC know about but I am waiting for them to sell their property before I can go ahead which will cover the whole of the mortgage outstanding. I am also due a lump sum to soon possible end of september, might be October of around £1400. I have 2 children, one who is due to take their GCSE's in the coming months so really dont want to disrupt them. Is their any chance I can save my house? I would really appreciate some help.
  9. Hi all, I was wondering if anyone could advise me. A few weeks back I requested from Natwest the CCA for a credit card issued in 2006, they duly obliged with the following response. “Your Written request for information was made under sector 78(1) of the consumer credit act (CCA) we are obliged to provide you with a “true” copy of the credit agreement and a statement of financial information relating to the account namely, the state of the account , amount currently due with amounts and due dates of future payments that are still required to be made. In terms of CCA copy document regulation the “true” copy requirement can be satisfied by providing a copy agreement at the date the card agreement was made and providing a copy of the current terms of the card agreement” Is the above correct? The cca agreement is a copy of my application form with a reference that the credit limit would be set at a later date, it contains payment terms, it does seem to contain “T&C” for which it seems genuine It does however contain only my signature but not the bank’s responsible person? Does the above sound as if it is a genuine CCA copy or they just sent an application form type of agreement? If someone could advise. Thanks
  10. 1 Date of the infringement 20/04/2017 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] No PCN/NTK received (no change of address or other reasoning for NTK not being received) 3 Date received Letter from ZZPS received 04/07/2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No PCN/NTK received 5 Is there any photographic evidence of the event? No PCN/NTK received (contacted ZZPS to inform them I was not aware of the infringement and wanted evidence to prove the allegation) 6 Have you appealed? {y/n?] post up you appeal] Not yet. I have contacted ZZPS to request they refer their claim back to their client and ask them to supply evidence Have you had a response? [Y/N?] post it up YES from ZZPS Good morning, Please be advised, we have been instructed by our client to pursue the outstanding balance. Our client confirms that this Parking Charge Notice has been issued correctly, all previous correspondence has been sent out and the correct procedure has been followed. We will not be referring this matter back to them. Upon reviewing our client's system, I can confirm that a Parking Charge Notice was sent, via post, on 22 May 2017, to the details provided to them by the DVLA. These are the same details we hold on our system. This site is private land. The landowner has employed our client to issue these Parking Charge Notices on their land. A motorist will be made aware of the terms and conditions of parking at the location by way of the signage located at the site. All of your client's signage is approved by the British Parking Association (BPA) and this site is audited regularly to ensure it complies with the BPA's Code of Practice. As advised above, we have been instructed by our client to pursue payment of the outstanding balance. Please arrange payment of this. I have placed the account on hold until 27 July 2017 to allow you time to make your payment, please refer to the reverse of our letters for payment methods available to you. In the absence of payment, the hold on this account will expire and the account will be left to progress accordingly, where further fees may be incurred. 7 Who is the parking company? One Parking Solution Ltd 8. Where exactly [carpark name and town] This information hasn't been provided although I have requested it. The information on the DCA letter states Plough Lane, London, sw19 8gt. This is a public highway to my knowledge and doesn't have parking spaces as it is a busy main road. The postcode and road name also don't match up when entered into google maps For either option, does it say which appeals body they operate under. No but the BPA logo is present in their letter If you have received any other correspondence, please mention it here Only correspondence received is from ZZPS posted above. I should probably also add that I have no recollection of this event ever happening and the letter from zzps states that the time of issue was 20:57 and checking my calendar against that time and date I was at work. I have checked my clock card with HR and they confirm I clocked in for work at 20:34 on that date. I should add that I work around the corner from the vague location given on the DCA letter.
  11. Name of the Claimant ? Uncle Buck Finance LLP Date of issue – 19 JUL 2017 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - What is the claim for – the reason they have issued the claim? The defendant owes the claimaint £864.00 under a regulated loan agreement with Uncle Buck Finance LLP dated 12/10/2015 (debt) despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £800.00 and further claims interest thereon pursuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £64.00 What is the value of the claim? £995 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PDL When did you enter into the original agreement before or after 2007? after 2007 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. Original Creditor 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 Have you been receiving statutory notices headed "Notice of Default sums" – at least once a year ? Not sure Why did you cease payments? rent increase meant I couldn't pay What was the date of your last payment? can't remember 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
  12. Name of the Claimant CIVIL ENFORCEMENT LTD Date of issue – 08 June 2017 Date to acknowledge = 26th June date to submit defence = 10 July What is the claim for – "Outstanding debt and damages Ref no and date of parking £236.00 Total Due £236 The claimant claims the sum of £251.83 for Outstanding debt and damages including 15.83 interest pursuant to S69 of county courts act 1984 Rate 8.% PA from dates above to 7-6-17 Same rate to Judgment or (sooner) payment Daily rate to Judgment 0.05 Total debt and interest due 251.83 I will provide the defendant with separate detailed particulars within 14 days after service of the claim form." No location given on the claim form but looking at chase up letters the location was Frognal Court, London, and was because authorised vehicles only What is the value of the claim? £251.83 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? CEL Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Hi all Hope you can help my husband has received a claim form for a ticket we ignored last year thinking they would go away, I'm in trouble now for ignoring it but hope you can help with the best way to dispute the claim He was visiting a property in the area he parked for work and we are unsure who owns the land to check if he would have been 'authorised'. We didn't keep the original notice so don't have the original photo which looked like it was taken by a person on a phone and they haven't put any details on the claim form. I can plan to go back there to take pictures of signage if needed. Thanks in advance
  13. Name of the Claimant ? - Parking and Property Management Date of issue – 15 Dec 2016 Date to submit defence = by 4pm Monday 16th January(i think) What is the claim for – the reason they have issued the claim? - DATE 22/08/16 - AMOUNT - £150 - DUE DATE - 26/09/16 - - DATE 23/08/16 - AMOUNT - £150 - DUE DATE - 26/09/16 - Total Due - £300 AND THE CLAIMANT CLAIMS The claimant claims the sum of £305.20 for parking charges and indemnity costs if applicable including £5.20 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 14/12/16. Same rate to Judgment or (sooner) payment Daily rate to Judgment £0.07 Total debt and interest £305.20 What is the value of the claim? £390.20 (£35 court fee, £50 Legal representatives costs) 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? Parking and Property Management Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes
  14. Help please? I have just received a letter from a solicitor representing NPower saying that I owe NPower nearly £2.5k from a property I lived in back in 2011. Apparently there is already a CCJ against me (which I had no idea about) and neither the solicitor nor NPower will discuss the situation with me. They are simply threatening court action/bailiffs. I never received the outstanding bills nor anything relating to the CCJ and I dispute the amount is actually owed as I lived in a tiny one bedroom flat for 11 months and paid £50 a month in payments... ..I was out most of the time at work and so there is NO way my electricity bill could have ever got that high. The CAB have not been very helpful as they have simply said to try and mediate with NPower (who won't mediate). I contacted a solicitor who said it wouldn't be worthwhile pursuing this as it would cost more in legal fees than the debt!! What can I do to both get the CCJ removed and also get the bills sorted out? Any help gratefully received.
  15. Hi all. I am in desperate need of some help I'm afraid. I just received a county court claim from Lowells in regards to a debt I had with Littlewoods. The debt goes back a few years, I stupidly bought from Littlewoods when I was out of work and desperate for clothing. I tried my best to pay off as much as I could but then Lowells got involved and started demanding way more than I even borrowed from Littlewoods. Earlier this year I emailed them a demand to show me proof of the debt, they took over a month to do so and all they sent me was a standard Littlewoods credit agreement with my name printed on. There was no breakdown of the what the debt was for. I also argued that they took way too long to send this to me and it did not have my signature on it, but they said none of that mattered and I still had to pay. I asked for time to seek legal advice but today I received the court papers. The debt is £1326.01 plus £70 court fees plus £80 legal reperesntives costs so the total is now £1476.01. I cannot afford to pay this at all and I am now scared and worried sick. Please could someone advise about what I might be able to do? If I admit the debt will I still get a CCJ and get my credit rating ruined? Can I contest the debt? And if so how should I approach this? The issue date on the letter is 28th of October 2016 and it arrived today so I assume I don't have long to respond before I lose by default. I suffer from very severe depression and anxiety and this is having a terrible effect on me. I would just pay it if I could and I don't want to get a CCJ and have my credit ruined. Please can anyone help?
  16. As the title says. This is not a final notice, but the very first. I'm not even sure what the debt's for, but I've looked at the template letter on here and I am going to send that. Just wondering if there's anything in the CCA that stipulates a minimum amount of time to pay back the debt. Cheers!
  17. the other week I checked my bank and realised I hadn't got enough in to cover the insurance that was coming out the next day cancelled it with a view to ringing and paying and reinstating, forgot about it, went away for a few days came back to a letter ring us by this date etc and sort it I did all be it 3 days after the date on the letter. Yesterday I get in and have another letter from More than dated 4th July(10 days to deliver??) i.e. the date they wanted me to call them by. Enclosed a Default notice served under under s87(1) of the cca. It just says I need to call them by the 27th July to reinstate the direct debit to avoid action which is all sorted. The 1 and only thing I care about here is whether they can do anything to affect my credit file?, they have never added or updated it before so my gut instinct would be no. I presume in doing what they asked I have not defaulted it and the only thing they could do would be a ccj. Can anyone clarify? The default looks legit, whether its correct is another story but it certainly looks like something a creditor would send after 3-6 missed credit card payments. Would seem brutal if they were doing anything more than following due process for canceling the policy.
  18. Hello, I have a problem regarding PCNs and hope someone would be able to help! Received PCN regarding a driving contravention ( crossed a road the wrong way, but it was a quiet residential side street and i was lost!) dated 26th April sometime the week of 15th May. ( mail mix ups are common, it's a relatively new block of flats, mail from a similar sounding block beside us tends to end up with us at times) Appeal deadline would have been 26th May. I tried to appeal online, but the website wasn't working. I have screenshots from several browsers. I called in and spoke to staff who advised a written appeal although it would be close to the deadline, I also emailed them the same day with the gist of my conversation & email copy of appeal. (email appeals are not allowed though) . (all done before deadline) Written appeal received by council on 1st of June, in the mean time, charge certificate dated 26th May sent out informing me that cost now increases from £130 fine to £195. Letter from council dated 8/6/2017 received, informing me that the appeal window is closed hence I am no longer able to appeal. Wrote back saying I effectively did not receive the notice in a manner that gave me sufficient time to appeal. Even then, I had tried the website, called in to speak to staff and emailed before the deadline on 26th May. My written appeal was received 6 days after the deadline which I thought shouldn't be invalid given I didnt receive the PCN on the 26th of April! I asked them to please reconsider the matter, allow an appeal, consider it, and if rejected I should be allowed to pay the discounted £65 charge . To expedite matters I reattached my original appeal letter and a cheque for £65. I also asked the council to show me proof of postage that they did indeed send the letter on 26th of April. I also wrote that if they continue to reject my right to appeal, then to please advise me on the next step/ escalation to county court. The council wrote back thanking me for my payment of £65, advised that there is a remaining £130 left to be paid ( total £195), and that appeals are no longer possible/ not considered/window has passed. The council's letter states that if I don't pay the remaining sum, they'd apply to county court to recover the £130 plus court costs from me. That the letter is signed by a "Business Processing Officer" only makes me more annoyed. No proof of postage/ no response to the content of my actual letter. Just a generic "postal delays are beyond our control". Plot twist - even when I go to the website to pay the fine, it says the penalty has already been paid and payments are no longer accepted online. I'm guessing I'd have to write another cheque or pay via the phone. All in I've felt this is very unfair. I received the PCN late, I tried the appeals website which didn't work, I spoke to staff, I emailed. I've really engaged with the whole malarkey. Do I really need to pay and additional £130 or has this been unfair by the council ? Thank you in advance.
  19. Hi folks - first post, as I'm somewhat annoyed/concerned that an issue I thought had been dealt with has reared it's ugly head today. Long story short, I used a parcel booking service to pay to ship a cardboard bike box overseas in October '16. This was all fine in terms of goods arriving, until I received an e-mail 11 days later stating my parcel had been measured by the courier as bigger than the stated dimensions and therefore I had underpaid by approx £50 for the volumetric weight. The service I paid for cost £30 so as you can imagine I was less than impressed! I was so convinced it was attempted fraud I reported them to Action Fraud and cancelled my bank card, as the small print of their T&Cs state they will attempt to recover the amount they consider outstanding after a short period. Their justification for the additional charge was nonsense after I disputed the additional cost, and even their own website disagrees with the way they attempted to justify it. I also liaised with the parcel carrier directly, but aside from intervening to try and get the booking service to see sense it just went round in circles. I asked for information that was never supplied, but eventually sent them the pictures of the parcel which I'd taken prior to shipping, with a tape measure in shot, in early December which they wanted to use to generate a refund to them from the courier before they would wipe out the invoice. All went quiet until early Jan when another copy of the invoice arrived by e-mail, which I quickly responded to. At this point I was told the opportunity to appeal with the courier was past and to pay up. I queried whether the photos I'd sent had been passed to the courier but received no response. I chased this again a few weeks later asking if no news was good news and if my previous e-mail had been received - again, no response. I assumed until today they'd either got the courier to refund and hadn't bothered to communicate with me, or they'd just lost interest. My last comms to them was end of Jan '17. Today, by e-mail, I received the following from an e-mail account called Admin Judges which I've anonymised a bit: I found this site by searching for the company name, but the references are quite old. I presume that rather than acting for the company concerned they have simply bought some packaged debt and are chancing their arm at minimal cost to themselves and see what they get back. I've had no letter in the post, but I imagine the costs and threats will escalate over time? I can afford to pay it - that's not the issue - but I begrudge the slimy way they've attempted to get extra money out of me - seems a common tactic for the firm concerned. Sorry for the long post and thank you to those that have read this far - what advice from well informed regulars on how best to deal? Many thanks
  20. I was on Incapacity Benefit at one time and years ago was sent an ESA50. I filled it in, sent it back, and was granted ESA WRAG, and never had a WCA. Now another ESA50 has arrived, and now I'm thinking they're going to haul me before a WCA this time. I'm also afraid that this means that my ESA has already stopped. Is this so? BTW, should I take my time in sending it back, or send it back as soon as I can? Should it also be Special Delivery?
  21. Called to Aldi for some bits at the End of May, unfortunately the clutch went on the car when I was attempting to leave. I rang my mate who told me he'd sort it out after he'd finished work. As the store is only 5 mins away I walked home and my mate called for me later and sorted it and I drove off. Id been parked there over 4 hours. Is there anyway off defending this post the SC case?? Regards
  22. Name of the Claimant: Lowell Portfolio I Ltd Date of issue: 21 November 2016 What is the claim for: 1) The Defendant entered into an agreement with Vodafone under account reference XXXXXXX ('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 XX/XX/2013 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £XXX.XX remains due and outstanding. And the Claimant claims a) The said sum of £XXX.XX 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 £0.0XX, limited to one year, being £XX.XX c) Costs What is the value of the claim? Circa £400 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile Phone 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? Not that I recall. Did you receive a Default Notice from the original creditor? No. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Have had various letters from Lowells. Why did you cease payments? Financial difficulties. What was the date of your last payment? 29/03/2011 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 management plan? No. Hello all. I've been kindly recommended this site by a dear friend, as I have this morning received a summons from Lowells for an old Vodafone debt and I was hoping you would be able to help me respond. I've read through some other threads and have found the form that I need to fill in for you to help, so here goes... Thanks in advance guys. If you need me to be more specific with figures and dates, please let me know.
  23. Hi Guys, After some advice, around 2 months ago i decided to go travelling. Before doing so i parked my car outside a business which is on a main Road in Manchester City Center. I asked someone that worked at this business if it would be ok to park there which they replied it would be fine. While ive been away, SIP parking must of bought the land the business was situated on and they erected a no parking restricted sign on the wall. Well after coming back from my travels ive came back to a windscreen full of tickets and numerous letters from SIP asking for £100, ive also received a letter from Gladstones solicitors. Ive been away so ive no knowledge that they put the sign up or that i was receiving tickets! just wondering if i have a leg to stand on, ive got 20+ tickets rolled up and i was wondering if i should reply to Gladstones with the reason why the ''parking offence'' has been committed. any help would be greatly appreciated. regards
  24. Hi Name of the Claimant ? PRA Group Ltd Date of issue – 03.04.17 Date of to acknowledge - 21.04.17 Date to File Defence - by 4pm 05.05.17 What is the claim for – 1.The claimant claims the sum of £5,000 for debt and interest. 2.On X/X/02 the defendant entered into an agreement with MBNA for a Credit Card under ref XXXX. 3.On X/X/09 the defendant defaulted on the agreement with an outstanding balance of £5000. 4. On X/X/13 the debt was assigned to Aktiv Kapital who itself assigned the debt to PRA Group on X/X/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. 5.Payments of £600 received up to X/X/14 AND THE CLAIMANT CLAIMS 1. The sum of £4800. 2. Stautory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from X/X/14 to X/X/17 1000 and thereafter at a daily rate of 1.05 until judgment or sooner payment. What is the value of the claim? £6300 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? Before. 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? Yes, think so. Did you receive a Default Notice from the original creditor? Not sure but likely. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes probably. Why did you cease payments? Low income, family stress. What was the date of your last payment? Sometime in 2016. I set up a debt management plan to pay off debts, not successfully. 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. ..... Having looked through the threads here I can see that I am not unique in this regard. I know this debt is enforceable if PRA has the original agreement though I don't know if they do have this or not. I also realise that I have until Friday to respond to the claim. Any help is much appreciated.
  25. Name of the Claimant ? PRA Group (UK) Limited Date of issue – 05 Sep 2016 Date to submit defence = 07/10 (33 days in total) - What is the claim for – 1.The claimant claims the sum of 19,000 for debt and interest. 2.On 18/07/05 the defendant entered into an agreement with HSBC Bank plc for an overdraft under reference xxxxxxxxxxxxxx. 3.On 30/6/06 the defendant defaulted on the agreement with an outstanding balance of 24,500. 4.On 25/09/07 the debt of 24,500 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch, who itself assigned the debt to PRA Group (UK) Ltd on 31/12/14. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925. Payments of 324.00 received up to 30/08/13 5.AND THE CLAIMANT CLAIMS 1. The sum of 15,000 2. Statutory interest pursuant to section 69 of the County Court Act 1984 at a rate of 8.00% per annum from 30/08/13 to 02/09/16 3669 and thereafter at a daily rate of 3.34 until judgment or sooner payment. What is the value of the claim? 19,866 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? OD/LOAN The particulars of the claim section states it is an overdraft. This is incorrect; no overdraft was held for more than £100. A joint loan was defaulted with HSBC for a similar amount at that time though. When did you enter into the original agreement before or after 2007? Before. It was 2005 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 group Were you aware the account had been assigned –did you receive a Notice of Assignment? Possibly. Most debt related letters destroyed years ago. Did you receive a Default Notice from the original creditor? Probably but unsure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know. Why did you cease payments? Financial difficulties. What was the date of your last payment? 30/08/13 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. We tried to enter into an IVA but not all of the creditors agreed and it never started. Additional info Is there a way to reduce the amount of this claim, or stop it altogether? If not, what would be the minimum amount you'd suggest offering as a monthly payment? any help gratefully appreciated. Thanks.
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