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  1. Hi, Received two letters today: One from Mortimer Clarke Solicitors (dated 28/01/2016) Re: Cabot indicating that they have received no response to the claim form issued.( I was going to ignore it until I looked at the second letter...) Letter Two: Judgment for Claimant (in default), from the County Court, dated 28/02/2016 Claimant: Cabot Financial (UK) Ltd. I checked my credit file using Noddle: It shows one active credit card which is OK and currently active. Then .. Starting from Oct 2015 to Dec 2015 there is an entry for Cabot with a Default for each month. There is nothing else there, no balance history . The account details state that it is a credit card , defaulted 25/04/2010 - Balance: £680. Account start date 11/04/2008. On public information there is a CCJ from 28/02/2016. I had two credit cards back then , one I know was paid off, the other obviously was not. I think it may have been a Capital One credit card. I have never received a Claim form and have not had any dealings with Cabot. I have not had a Notice of Assignment . Should I contact to Court to apply for the Judgment to be set aside because I did not receive the Claim Form and have no proof that I owe Cabot anything? Can I get a copy of the Claim Form? (i feel disadvantaged because they seem to have all the information whereas I have none) Should then CCA Cabot and CPR 31:14 Mortimer Clarke? Any help or guidance greatly appreciated .... Thanks.
  2. Hello, I have this morning received a Claim Form, it is from Lowells. i am confused, I am pretty sure I took this up with Shop Direct at the time and asked for documents etc but to no avail. This account was defaulted on 29/10/2013 and has been with lowell for a while. They have tried to ask me for the money back but I did not respond. The debt on the letter from solicitors 2 weeks ago states i owed 846.65 but this claim form says 914.38 then fees on top of that bringing it to 1044.38. My question is, do I fight this or do I offer them some payment scheme if they will allow at this point as I have had no communication with them. Any help would be greatly appreciated.
  3. Hello there, my wife received a letter from ParkingEye Monday 22nd May dated 17th May 2017. This is regarding an outstanding parking charge amount due of £100 from Holiday Inn Guildford with the alleged offence occurring 5th April 2017. My main concern is that my wife did not receive a PCN beforehand. In the letter it states that 29 days have passed from the notice of parking but this is the first correspondence received. I still have the right to appeal but only if there are mitigating circumstances as the initial 28 days to appeal have passed. I would just like to know if I have a good case, and if ParkingEye are able to provide evidence they sent out the PCN if it has in fact been lost in the post? Also to add to this, my wife believes that this is a new charge and did not see any clear obvious signage, although she is used to the car park being free. Either one of us will go back to the site to see what signage is in place although the alleged date is over a month ago giving ParkingEye plenty of opportunity to change/add signage. The letter reads: “We are writing to inform you that the requirements of Schedule 4 of the Protection of Freedoms Act in respect of keeper liability have now been satisfied and as 29 days have passed from the date notice of the Parking Charge was given, ParkingEye now has the right to recover any unpaid part of the Parking Charge from you, the registered keeper. The amount now payable is £100.00. This payment is required within 14 days to avoid further action. If this letter is ignored, further action may include referring to a Credit Reference Agency to confirm the correct address, instruction of solicitors to secure immediate payment, referral to debt recovery or the issuing of court proceedings, all of which could incur further costs which may be added to the amount owed. To avoid further unnecessary costs or action, please pay the outstanding parking charge amount as stated above or make arrangements for the driver to pay, in accordance with the parking terms and conditions. Further information including how to pay, the right to appeal ect. Can be found on the reverse of this notice. Please be aware that on the 4th November 2015, the Supreme court dismissed the further appeal lodged in relation to the matter of ParkingEye v Beavis [2015] UKSC 67. The appeal concerned the value of ParkingEye’s Parking Charges and the Judgment, granted in ParkingEye’s favour, delivers a binding precedent in respect of the value of the Parking Charge. The Judgment can be found by visiting the news section of our website and the article: ‘Supreme Court uphold Court of Appeal Judgment’.” Any help would be much appreciated, many thanks.
  4. We received a letter from Npower recently, included was a "final" bill, saying we were £347 in credit. I have no idea why they have sent this now, considering we moved out of the propery 5 years ago ! I have also now received a cheque for the amount owed. Should i complain, do i have grounds for claiming for lost interest or any other reason. I remember they completely messed up our billing for about a year before we moved out, however i thought it had all been settled.
  5. Hello I'm looking for advise. I live overseas for past 10 years. Yesterday at a friends address in UK where I receive my bank statements a letter arrived looking official. At my request my friend opened it. It is a Notice of Application for Attachments of Earnings Order. Judgement Creditor: Hoist Portfolio Holding 2 Limited. In the: Country Court Money Claims Centre. Amount 3,975.28 GB. The Judgement Debtor is under my maiden name and I've since been married, divorced and re-married. I have never heard of this company and no of no debt to them. They are not listed on companies house, but from research it seems they are linked to Robinson Way a DCA. There is no contact telephone number and only instruction to pay Howard Cohen & Co Solicitors, based in Leeds. Again they are not registered on Companies House. The form looks official with case number and reference number. The document is dated 17th May 2017 and says payment required in 8 days of notice or further action including a possible 14 days prison. I am very concerned especially as this is now logged at a friends address, where i have never lived but do get my UK bank statements sent to. Any advise gratefully received.
  6. About a month ago i received a Court Find in the post for around £350. I sent a letter asking what the fine was for. I got a letter back saying that on 26/03/2015 my car was found not to meet the insurance requirements. I have had the same insurance company since at least 2014 and it renews automatically every year since. I even phoned my insurance company and checked with them the exact date in question and they confirmed that my car was insured on that date. The letter said they are holding off on the fine until the 10th of June to give me time to contact them on the Phone number on the letter. i called them and they simply told me i have to contact the court direct that the Hearing took place. The next problem is i cant find any contact details on the internet for the Court which is the West Hertfordshire Magistrates Court. Any advice of what i can do to sort this issue would be great help i am now really stuck and really don't want to pay a fine for some thing i should have never been given in the first place. Thanks
  7. Hi Guys, CCA request return - for Capital One, they sent me what purported to be a reconstituted copy of an agreement from 1998 and told me that they were quite confident that it was fully enforcable. I, of course. have no way of knowing whether this copy is accurate or not. Also, I suspect that they have sent a reconstituted copy because they don't have the original. I have sent them a subject access request to try to flush this out. Do you think I should respond to their letter saying that I don't recognise the document and would expect them to produce the a copy of the executed agreement in order to confirm that the debt is enforcable in court? Or something else? As ever, your help is much appreciated. I think you guys are providing a hugely valuable public service. S
  8. Good Evening today I have been the recipient of a nice little piece of paper requiring me to pay £50 to the council for a parking infringement. The PCN states it was contravention 30, parked for longer than permitted. However I was not parked in a limited waiting area, i was actually parked on DYL which should be an 01 offence however i also had my blue badge on display.... so the question is can i appeal this pcn on the basis that the ticket was incorrectly issued on the basis of the wrong contravention code. cheers lets ps was parked for longer than the 3 hours on the badge
  9. Hi My friend received a letter from Sandwell Council regarding 14 Day Notice for tax liability order dated June 2007. My friend leaves in Sandwell council house from 2009 and this is the first time (it's been 10 yrs) he received any notification about the Liability Order. Previously, he was renting a room from his friend and the room payment was covering all bills, so his friend's name would be on the rent agreement. Could anyone advise if the council can request the money since they have not been in touch about the court order? Thanks MJK
  10. Hi, Today I've received a parking charge notice from Excel Parking Services Ltd for a car park that I frequently park (and pay) at. This ticket came about because I normally pay online using RingoGo - but in this once instance I was catching an unusually early train and the RingoGo payment application reported that the carpark was closed even though the physical signage reports 24 hours opening. As a result I was unable to buy my ticket and hence received the ticket. £100 (or even the reduced £60) charge seem extortionate, particular considering I'm a frequent customer and have probably spent > 300 paying parking here. Do I have any chance at successfully appealing this? Date of the infringement - 07/03/2017 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 14/03/2017 Date received - 17/03/2017 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] - no Is there any photographic evidence of the event? - Unknown - notice says photographic evidence is held on file in accordance with DPA Have you appealed? {y/n?] - No, not yet Who is the parking company? - Excel Parking Services Limited Where exactly - Brewery Street Car Park, Chesterfield For either option, does it say which appeals body they operate under. - IPC
  11. My father made 4 separate CCA requests for 4 different debts being pursued by Cabot. For each of them he has received the attached response which states that they are unable to provide the info for the moment and will continue to pursue the original lender for the information. They say the account will 'remain on hold' but are 'still obliged to repay the outstanding balance'. We wish to settle this matter and are willing to make a percentage payment to clear the debt. I am tempted to write back a letter as in this post http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/266261-calder-financial-offer-clear-2.html#post3017541 . What does everyone think is the best way to settle these debts without prolonging the matter too much (my father is dealing with 17 creditors at the moment!)? cabot.pdf
  12. Hello I hope you can help please. I signed as a guarantor for my daughter on a property share in June 2014, there were 5 tenants and each had their own guarantor. The claim is for unpaid rent of £1261.82, £3206 for cleaning, repairs and damages + admin fees, court costs & interest totalling £5127. The contract stated that each guarantor was jointly and individually responsible for each tenant. My daughter did not owe any outstanding rent (well documented), the home was not very well looked after but I feel the £3k+ figure highly exaggerated, most damage was caused by cats none of which belonged to my daughter. The security deposit of £100 each was retained by the landlord. The claim form says the date of service is 21st March and the particulars of the claim states: Particulars of Claim (attached)(to follow). I am not and have no way of being in touch with the other guarantors though the claim form appears to have been served to at least two other parents. Do I need to respond within 14 days or await further information? What would be the best defence in this situation? All advice gratefully received
  13. Hi thanks for the advice. The other is from Barclaycard signed in 2000 . I have the credit agreement with a signature but this time there are no terms and conditions enclosed with the agreement nor on the actual application form . I do once again have correspondence from Barclays and Link regarding the sale of the debt. I have attempted with both original lenders and with Link to settle the debts on behalf of my partner as she is stressed with the situation Link require around 60% of the outstanding sums and i do not have the money available to do that and support us both and pay all the household bills. Many Thanks Andy
  14. A relative was dropping something off to some premises and although the signage was somewhat covered by shrubbery it states that it is private land - i.e for residents only. (found after the event) No windscreen ticket - just a NTK received within 8 days of alledged offence which 'invited' them to pay £80.00 for 'Unauthorised Parking'. They were duly ignored. 4 weeks later they received a recorded delivery letter of Notice of Impending Court Action, duly ignored. 3 weeks later the 'letter before action' from Gladstones arrived with an amount claimed for £130.00 2 weeks later received Court Claim form as follows: Particulars of Claim:- Date of offence xxxxxx Description = Vehicle reg no Amount £130.00 Due date xxxxxx AND THE CLAIMANT CLAIMS the sum of £131.00 for Parking charges and indemnity costs if applicable including £1 interest pursuant to S.69 of the County Courts Act 1984 Rate 8% pa from the dats above to xxxxxx Same rate to Judgment (or sooner) payment Daily rate to Judgment £0.03 Total debt and interest £131.00 Then to the right of the page it states Amount Claimed £131.00 Court Fee £25.00 Legal Representative#s costs £50.00 Total Amount £206.00 Now I am aware date of service 13/06/16 Date of Acknowledgement 27/06/16 Date to defend 11/07/16 They intend to defend in full but there is no facility to respond online. They are currently drafting letter up for CPR.31? Would appreciate guidance on defence please. Footnote: Have parked at this site on numerous occasions and received nothing - it is so intermittent it's bazaar!
  15. Hi guys, hoping to get some advice - if anyone has a bit of spare time to read through and make any suggestions it would be very much appreciated. Please see the info below for the current situation: Claim issued by Cabot Financial (UK) Limited Date of issue – 8th Feb + 19 days = 26th Feb, + 14 days = 4pm Friday 10th [revised - dx] Particulars - "Monies due under current account overdraft. 1.THe claimant's claim is for the balance outstanding under a Bank account facility Yorkshire Bank agreed to maintain for the defendant. It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand. The defendant has failed to repay the amount due. The debt was assigned to the Claimant." Value of claim - £1000 - this includes the overdraft amount of £850 and court and legal representative costs of just under £150 Overdraft from a basic current account Account opened 2013 Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, went through a phase of not opening letters and moving address Context - this was a basic account with no arranged overdraft facility. I was suffering from an addiction at the time which meant I uncontrollably spent all money effectively as soon as it was available, however I was able to go £900 overdrawn on the account (not a planned or arranged OD, this would definitely have been rejected if applied for). Account has not been used since 2014. I have sent no communication to either Yorkshire Bank or Cabot. Is the first step to send a CPR31.14 to Mortimer Clarke (listed as solicitors on the form)? I don't expect to be able to defend it successfully as I do owe the money, if I am going to lose the case my best option seems to be to try and delay any judgement for 3/4 months, by which time I will have saved the money and then can pay it within a month after the judgement which therefore it means it won't show on my credit report - is this correct? Many thanks for any help.
  16. Hi I've attached a PDF with information about the ticket received, not much information on it as I've not received a NTK as yet, but before I waste everyone's time I wanted to ask if I should even be contesting the charge. In a nutshell, parked and bought my hour's ticket, car park was pretty much empty, my ticket was until 4.40pm, parking charge issued at 4.51pm and I got back to my car at 4.52pm, so bottom line is I was in the wrong, however I think being charged £60 rising to £100 is a bit much seeing as the car park was practically empty and I wasn't hours and hours late. In my mind the company has not lost £100 by me being a few minutes late to an empty car park. If the general consensus is that I should suck it up and pay, then I will, but if you think it's worth contesting, I'd be really grateful of advice as to how to go about it. For windscreen tickets (NTD) please answer the following questions. 1 The date of infringement? 08/02/17 2 Did you appeal to the parking company? Not yet If yes, has there been any response? If no, have you received a Notice To Keeper? (NTK) Did the NTK provide photographic evidence? No NTK received as yet 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) 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? UK Parking Control Ltd thanks WeldersWife Parking.pdf
  17. Hi All, I have recently defended a claim by Shoosmiths on behalf of Capquest for a Cpaital One credit card taken out in Oct 2008, the last payment made was in Jan 2012. The claim was stayed at the end of Jan 2017 after filing a defence. Before filing the defence Capquest was sent a CCA request, a copy was also sent to Shoosmiths with a CPR31.14 request, which Shoosmiths remain in breach of. However today Capquest has sent a response to the CCA request (attached). They have also sent somebody elses application for a Barclays Sky Card which includes their name, address, DOB, household income, home, mobile and work telephone numbers and applicants signature. Any advice greatly appreciated, please advise if defence or CPR 31.14 request needs uploading. Thanks Penfolds
  18. Disabled man had a severe relapse last year after making a claim for ESA. The claim form was registered and begun in September and received when he was capable of finishing it and posting it in January. They have paid some of it. They are now stating that there is a 3 month cut off point that they will not back date. Because the delay was due to his disability, and the claim was started in September, is this correct? He is not trying to back-date it prior to September even though he was severely disabled then too...
  19. Hi all maybe in the same boat as a lot of people who have put their head in the sand I had a payday loan with Uncle Buck which I did not pay when due on the 30th of January 2015 for £202.43.. I have today received court papers for £391.43 plus the £35 court costs. Is this legally allowable? Do I have any arguments here or am i up the proverbial without a paddle? V v limited details in paper form but will scan these and upload when at work on Monday. are there relevant details I should ask !st Stop and/or Uncle Buck for? What should I do with the papers recieved from the court? Any advice appreciated! thanks
  20. Hi, just after a bit of advice really, I received a claim form last week for a debt of £300 or so that has resulted from bank charges and interest on a Nationwide account, the account was in credit when a charge took it overdrawn, further charges and interest then grew the negative balance to around £300 until the account was closed/suspended in 2011. As the basis of the debt is from charges that may/may not be illegal? (probably for missing a direct debit) - would there be any point in contesting the claim? I know its not alot of money but I am trying to deal with my historic debts so any that I can avoid will allow me to do this sooner! Regards Gary
  21. I touched on this in a recent post but very recently a letter received by my Aunt sort of confirms my thoughts. Debt with a bank, no payment/acknowledgement for some 10 years now, the debt is most certainly stat barred. However, due to a recent restructuring on her finances she was able to sort a small loan out to consilidate her outgoings (no DCA's as there are none left in the pool) The loan was obtained and the outstanding bits and pieces all paid off as part of the loan (paid by her not the bank) 3 weeks later in a letter dated 17th February a well known bottom feeding DCA sent her a letter quoting ' (wording may vary) 'Recent activity on your credit file suggests you may have made a significant payment to one of your financial accounts, In view of this contact is requested from yourself to us to agree an payment plan and where your financial circumstances can be discussed' This is just so wrong, no fincancial relationship with this DCA exists, they have over the years tried to collect on the alleged debt but where no payment/acknowledgment exists and now some 15 years since anything was heard from the OC. Course of action? Yes to ignore but why are these miscreants allowed to continually scour credit files on debts that have long since gone past the stat barred and at the same time as this they quite obviously have software linked to the CRA's that flag individuals activity Just so very wrong.
  22. 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?
  23. 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.
  24. Hi all, Have today received a CCJ Claim from Hoist Portfolio Holding 2 Ltd. who apparently purchased the debt from MKDP LLP (Ex Barclaycard). According to my records the last payment on this account was made in June 2010, but the assignment in my credit file (just checked on Noddle) is showing the date of default in February 2011 so obviously there is a discrepancy. So, which one is more accurate? I was under the impression that the actual date of default is around 3 months after the last COA, which would lead to September 2010 + 6 years which gives a date of September 2016, which would then make the debt staute barred? And my other question is, do I then go down the statute barred route, or the CCA/CPR31.14 route for them to 'prove it'? Many thanks.
  25. Hi Have received a pre-legal assessment letter from Lowell Financial Ltd apparently for Argos Card Services. It does not use the usual 'may' or 'could' comments and reads as follows: Having assessed our options we intend to take legal action to recover this debt if you do not contact us to agree a repayment plan. This debt does not appear on the credit file - not sure what to do in this situation. Any advice would be gratefully received. Thanks Dibdob
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