Sorry for the lengthy post Bought a second hand 4x4 off a dealer, and it's had a wealth of problems. It was out of warranty (3 months - though I know this mean nothing), we took it to a local garage - in fact, we actually only took it to a local garage because of another issue, so weren't to know we should have taken it to the dealer (who's mechanics would not have been able to look at it for at least a week anyway). Here's my letter so far below (my partner is the owner, so in the letter I read as the partner). Our issue is right now, that he has agreed to get the garage he uses to fix the timing chain, but not for 3 weeks, and to be honest, a) this is the garage that looked at the car saying the brakes were ok, b) the mechanic who swore at my partner c) we have no guarantee when he looks at it in 3 weeks, he won't try and argue that it doesn't need doing, or is a recent fault and expect us to pay for it anyway d) we have lost complete faith in them. We have looked into it, and to hire a 4x4 pickup for this time, will cost more than the cost of the repairs. We also believe that he will fit non genuine parts, as there as no way that he could get fixed for cheaper with genuine parts. Also, we would have to, for peace of mind, have the car inspected afterwards. Where do we stand? Will we get anywhere if we claim for any of this? I know he has agreed to repair, but it will cost us more to go with that option. I've had enough quite frankly. It has made my partner ill (and I mean ill, he has a historic brain injury and the stress has knocked him down, and will effect him for a long time yet), and already cost us over £600 as we have spent 3 days trying to resolve. INFO: the car has done just over 2000 miles since we bought it, now at 80,000 miles. the issue with the brakes, bearings etc occurred approx 400 miles ago. The issue with the timing chain was diagnosed this week, but according to the mechanic has been present for a long time, and could have broken at any time. DRAFT LETTER I brought my vehicle from your garage on 3rd November 2015 for £9650. I collected on 7th November 2015, as you said you would have the car serviced and the brakes checked. Vehicle make & model: Nissan Navara Registration: XXXXXXX Before collecting the car you assured me that the car would be serviced and the advisory on the MOT certificate for the brakes looked at. On collecting the car, you advised me that there was no problems with the brakes and this had been checked and was satisfactory. After driving the car, I still felt that the brakes were not in satisfactory condition. You assured me, that the mechanic had looked at them and this was just ‘how they were’ on this type of car. Within a month, the car developed an issue which meant it kept cutting out. You said you would fix, but were unable to do so for at least 1 week, which meant I had to hire a vehicle in the meantime. I also mentioned the brakes again, and asked for them to be checked. When I brought the car in to have the issue resolved, the mechanic was extremely rude to me, but the car was booked in, and I was assured that the problem had been resolved and there was no issue with the brakes. The car did cut out a few times, in the next few months, but we put this down to the cold weather as it was very intermittent. At the start of February, I had to call green flag out due to an issue with car (a large metallic scraping sound from the right front wheel). Green flag attended, took the right front wheel off, finding rusted out brake discs, a loose track rod end. Green flag advised that they couldn’t see anything serious, but that I should book the car into the garage as the track rod end may need replacing, or that it could have been rust scraping on the car making the noise. The green flag mechanic advised, that he if needed he would follow me to the garage, or if I came into difficulties, to call Green Flag again for the car to be recovered. I said, I would book it into the garage and drive it there, but ring Green Flag if I had any concerns during the journey. Needing some new tyres, I booked the car into the local garage (Sidmouth Tyres and Exhausts), and asked them to look at the track rod end whilst it was in. I then received a phone call to say that the track rod end and bearings did need replacing, and the brakes were in such a bad condition, they were dangerous and needed to be changed. As I needed the car to be safe and useable, I agreed to have this done. This made me very concerned, as I had been assured by you that the car was in a safe condition and that the brakes had been checked, I booked the car in for a full service . I then had to go to an event in London, so planned to contact you the following week to see if we could find a resolution. The sat nav & media system also started to work inconsistently when i looked into repairing/updating, was told, they couldn’t do this, as it was a cheap Chinese import and hence, could not be repaired. On the day before the service, the car started to cut out again, we asked him to check this. On the day of the service (23rd February), initially, the mechanics thought it was an issue with a sensor and changed that, but after further research found that the issue was with the timing chain, and had been the issue all along. The mechanic believes that this was a fault when the car was sold. The mechanic advised that it was not in a safe condition to drive. My partner then contact you via phone on the morning of 25th February. You said, you would have to look into this. At this point you admitted that you had not had the car serviced as promised when you sold me the car. You said that as it had a recent MOT (1.5 months earlier and over 1000 miles earlier), you had not bothered with a service. You agreed to call back by 1pm You called back at 11.45am, and my partner explained the issues again. She also explain that the garage were prepared to write a report detailing the issues, and stating that they believed them to be there when the vehicle was sold. You said that I should have brought the car back to the garage. My partner explained, that this would not have been possible, as we had taken the car in for a service, and they were replacing a sensor (which was thought to be the issue), and it was only then that the problem with the timing chain was found. My partner explained, that the car was unsafe to drive, and that it could not be moved. You said that you could not authorise the repair without your partner, and this would be at the earliest Tuesday. My partner politely explained that we needed the car for business purposes, and if it wasn't fixed in the next few days we would have to hire a vehicle, which would be very expensive. My partner tried to be reasonable, and said that we would write off the money spent on brakes, bearings, car hire, sat nav, if you would agree to cover the costs of timing chain. My partner advised, that if we could not come up with a resolution, then unfortunately we would have to start with legal proceedings to claim all of the costs back. You said you needed to speak to people, and would call back by 2pm. You called back at 2pm and said that you would not repair the vehicle, or cover costs. You told my partner that she should contact VOSA about the MOT not showing up wear on the brakes. My partner stated that this was not up to her, as she had been sold the vechile with the MOT already, and that you had said you would service, and didn't. My partnet tried to reason with you, but you were adamant that it was not your issue. You were quite rude, and my partner was very upset. My Father then visited you at XXXXX, and spoke with you in person. You then agreed that you would speak to the local garage the following day and get the problem resolved. On the 27th February at 3.30pm you did speak to the local garage, and you then advised that you would not pay for the vehicle to be fixed by the local garage, but would have it recovered to your mechanic and that he would complete the repairs. You said this would be on the 16th March (nearly 3 weeks later). The vehicle would also take at least 2 days to fix. My father then rang you and asked if you would provide a courtesy vehicle, or pay for hire vehicle in the meantime, as I had to continue to use a vehicle for my business. You declined to do this. I then got quotes for the hire of a similar vehicle for 3 weeks which amounted to more than the cost of repair. I feel you have left us in a situation where we will have to get the car repaired ourselves, or we will lose money, not to mention the stress involved, and time taken.

Hello, I've not posted on these forums before but I have been an occasional reader and understand they may be occasionally monitored by DCA staff, so I'mm be intentionally vague with some of my personal info... I have been contacted by Lowell regarding an alleged Barclaycard debt that they have purchased. Although I have had an account years ago with Barclaycard that defaulted whilst in dispute over a number of issues, I do not recognise this debt as mine as the figure quoted by Lowell is much higher than that which I left in default. The amount quoted is a significantly high figure, but is less than £10k. As I did not recognise this debt I thought Lowells might be trying it on, so I ignored their contact as I felt I had better things to do with my time and I'm also something or a procrastinator. I open the most recent letter to find that it reads like this: "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" "What legal action means" "1. A claim form is issued by the court." "2 Court fees, colicitors costs and interest will be added to the claim form which could increase the amount owed" "3. If you do not respond to the claim form a CCJ may be granted against you" "4. Should a CCJ be granted, this will be registered on your credit file for upto 6 years and may impact your ability to obtain future credit" "We'd prefer to work with you" "Our preference is to work with you without taking legal action. Please visit our website, etc etc." There is also a deadline on the leter by which to contact them, which I noticed was not on their other letters. The deadline is for a date this week (I opened the letter a little late, sadly, but I still have time to mail them) I don't know if anyone else has had this exact letter, but by the assertive "we intend to take legal action" phrase on it, I'm guessing that this is likely what they will do given how close the Stat Bar date is unless I can take some action to prevent them from doing so... The last payment I made to BC was VERY VERY nearly 6 years ago, but not quite. We're talking about a matter of weeks here. Other info that may be relevant is that the BC card itself was originally taken out circa 2002 and I've heard the credit agreement info for BC cards can be hard for them to obtain from that time period? Further; this card did have PPI on it from inception through to more or less the default, although not quite, as I do recall it being cancelled perhaps 6 months prior to that. I've submitted to claim toward this PPI to-date, but given my employment status at the time (6 months worth of full sickness pay as a benefit, and so on) it seems likely this would be considered mis-sold at the time of taking. Just me guessing though. Furthermore, the disputes I had with Barclaycard were regarding penalty charges. Also, they sent me a letter in early 2010 telling me they had been charging me incorrect interest and applied a credit to my account. I feel that this incorrect application of interest at an earlier stage of my BC contract may also have contributed to me struggling to make payments at the time, leading to the penalty charges, and leading to the ultimate default. That last part is perhaps a bit of waffle, but Barclaycard were pretty terrible at handling my account. My last payment was actually to Mercers who took a payment from me on the condition that they would reduce my balance down to he level I felt it should be at from prior conversations. They took my money and reneged on the agreement as no adjustments were made, so I made no further payments. The truth is that I was aware this debt would be statue barred very soon, and wasn't particularly worried about it until Lowells sent me this most recent letter, as they may well file a court claim literally days before the statute bar. I've seen a letter on another site entitled "pre action request for information" which is supposed to mean that action cannot be taken until my request for information is handled. Is this is true, it would make it virtually impossible for a court claim to be submitted prior to the statute of limitations period being reached. However, I want to ensure I'm taking the right steps before I do anything rash. The last thing want to do is somehow occidentally acknowledge the debt when I don't, because I never owed that sum of money! Has anyone had a similar experience to this in terms of the timescales and so on.. . is the pre action request for information a good idea, or would there be a better letter to send? I'd really like to post my response today or tomorrow so any quick replies or reassurances would be greatly appreciated. I'd paste the letter from the other site here, but I'm not sure if that's bad form? I chose to ask for help on this site as it seems a lot more active and I've seen some people get great results here from past readings ^^ Thanks in advance... Sorry, just to clarify froma typo, I have NOT submitted a claim in respect to the PPI... I somehow made it sound like I had (couldn't find an edit option after I'd posted)

Hello there. I have been served an N1 claim form from a dodgy builder I sacked for substandard work. The Statement of truth has been filled in by an unknown party ( Name printed and signed) but they have not stated who they are. They are NOT the claimants solicitor as he doesn't have one. Neither Claimant ,Litigation friend or Legal representative has been selected from the options and neither has the name of firm or position held . It seems clear to me that the statement of truth is not binding and the form should not have proceeded through the court system with this error. I am in court this Wednesday the 20th April. The question is - Is this claim form legally binding . What is my legal position. Is the claim void in its current state. Thank you.

Hi everyone, sorry I'm posting a lot. Bailiff from Marstons arrived at doorstep at 8:57pm says I have to pay £797 for unpaid car tax. i ghuess it relates to a car I sold last year. I never received a magistrates summons. he says I have to pay tonight or he has to enter the property and document belongings etc... what can/should I do? thanks so much

Could someone please help me. I have drafted a very long defence, but would like to consider part 20 against Santander. please help defence due in 21/07/2015 4pm The is pertaining to an authorised overdraft disputed in 07/07/2008. Now Hoist have issued me with a claim

Hi I hoped I'd never need advice like this, but here it goes. I bought a new car in Dec 2013, on PCP. Total amount payable is £20,264.48 and I still have £15260.36 left to pay (according to their latest email) The first car was replaced under warranty for software/electrical issues, the car arrived in March 2014, and I had about a weeks use of my own car in this time. The second car was delivered with faults, which two dealers have failed to fix so far, VWFS refused my rejection over this and it is with the ombudsman for a final decision. However, they wrote to me on 5th Sept 2015 indicating I owe £1061.48. This is three months instalment and one unpaid instalment from a previous agreement, which I was told I had paid previously! I followed up the letter on the 11th Sept 2015, due to the fact I had been in hospital with my 5 week premature son on NICU. I was told that the previous formal complaint I had about the payments not being taken properly for this agreement on arrears , had been closed and no reason given. When I asked why they had not contacted me sooner over missed payments, I was told they don't contact people who have complaints open. I currently have no complaints open. I also asked for a statement of my account, which I was told today when I rang had not been sent. I was made to take a financial review this morning, in which I pre-empted by sending a budget, showing how I could afford the repayments plus an amount to cover the arrears (£95pcm). They refused this, not due to it not being enough, but because they claim I can no longer afford the finance agreement. They've apparently issued a default notice and I now have 19days to pay. I asked for my options to end the agreement and all that was sent was a settlement figure. I have made them aware that I was unaware these payments had not been paid, they had not informed me, and it was due to a combination of my poor health at the time, and my vehicle being in for constant repairs, with the loan vehicles not being suitable (for example, I do 400miles a week, I drive a diesel saloon, and they gave me a petrol automatic mum wagon!) Upon trawling through my agreement contract, I also came across a receipt made out to the dealer for £579, which is listed on the receipt as for "final payment" and the reference of my registration given. VWFS today confirmed that this was NOT taken off the amount owed, and they are "looking into it" The woman at VWFS has also sent another statement, which I won't hold my breath for! I think that this is everything, but as I have not slept in two weeks, and have only just been taken off nightly deliveries of milk to my sons NICU ward, as he has been put on a low dependency ward with his mother, my brain isn't really functioning 100%. Thanks in advance, -iD

On Sunday I booked a holiday through love holiday which came to £300 for the two of us. Today I got an email requesting for me to call them and when I did they said that the holiday that I had booked was overbook and I now must pay £1000 for the next room up. I have already paid £130 to the previous holiday. Can they do this to me? What rights do I have? I must phone them back within the next hour please help

I will try to fill you in as briefly as possible! In September I received documents from Northampton of a claim issued by Hoist Portfolio. the particulars of claim were very vague ie no date of debt, no date of assignment etc. I acknowledged immediately and stated intention to defend. I sent off CCA and CPR requests in accordance with the rules. These were disregarded and I received no response. It was allocated to small claims and transferred to my local court. The hearing date was set and a deadline of 25th Feb was set for returning witness statements. At this point I had received precisely zero info from the claimant as requested, I constructed my witness statement along the lines of 'I have no info re the debt so can't defend something I have no knowledge of', the claimant was attempting to frustrate my efforts to defend in not disclosing any information and disregarding my CCA request and CPR request. I served a copy in the claimant and made sure it was with the court in time, brownie points to me I've now received (after the deadline) the claimants statement, and I'm wondering what to do. In their bundle they have the original agreement (in a different name to that on the court docs) but barely legible, a statement of account, and issue of default. My query comes in because on the statement of account, there are payments between July 2009 and Feb 2011 which came from a current account but we're not expressly authorised by myself. The debt is for a credit card and I had a current account with the same bank. So these payments were taken from my current account (I guess under the original contract I signed for the card this was authorised) but I didn't expressly make those payments myself. In fact I seem to remember trying to stop the payments, and they kept taking them without my agreement. Do these count as acknowledgement of debt? If these payments are disallowed, the debt should be statue barred (date of default was 25th June 2009 and I would argue that subsequent payments were not made with my authority). Or does it not matter, as I signed a contract therefore indicating my authority to take these payments? If it's not statue barred what should I do, as I'm now thinking they have me over a barrel even though their documents were late to arrive. Apologies if this doesn't make sense to you all, it does in my little head! Many thanks in advance for any advice you can offer!

Hi there, Please help me to sort this out... really appreciated your time and opinion on it. I have come to know about this forum while i was looking for some tips for the appeal to tribunal. I was a tenant of a multiple dwelling home. I was introduced by a college mate to this house and the contract was under 3 names and we were students. The landlord come to introduce three other guys who is also living there and looking after the property, collecting rent on behalf of landlady. Every month we are paying rent and other bills which includes council tax, gas and water etc to them. I have come to know about the students get discounts on council tax and that'y why they separated contracts to only our names. We used to pay in cash and sometimes transferred to bank accounts as well. As far as landlord is happy, we didn't find any difficulty after words and didn't provide and recipe for the payments. In November, the other two guys finished studies along with me and they left the house. Subsequently i was informed the same to landlord as well as council to update on the same to the system. In may, 2012 before i go on a holiday, i informed guys about a new agreement as the old one was expired in March 2012 and i want just one for all other tenants as i finished my studies. However, the landlord phoned up and promised me they will make it ready once i come back and will update to council also. In the end of 2012, i started seeing unpaid council letters coming from ealing council under my name on it. I discussed the situation with both landlord and guys but they didn't provide an adequate information and also while was a search for job, i didn't pay more attention on that. As time went by, i saw another letter also at home under my name on it. So, i decided to call council to know the situation. They have informed about they holding the same old agreement and no new contract hasn't sent to them. In April 2013, i was following landlord for the agreement copy but didn't respond instead of merely saying she has already sent to council and they might have failed to update it on the system .Again i called up council and informed the situation of other people living there apart from me and landlord wasn't ready to make any changes on the contract. So, i informed the same to council and requested to come and view the dwelling to verify the living of other people .At last they found other guys living there and said to me this is multiple dwelling home and they will inform the landlord of this and she should be the liable person over due council tax. Even though i made couple of payments when i saw it become due and didn't have any intention for the guys to do so. In July 2013, council send a confirmation letter to me that informing my account is now closed and all liabilities put to landlords account. So, i left the house with any more conversation with both guys or landlord. But, in 2015 dec, again they sent a letter that i still owe them £1328.00 towards council tax and when i contacted them that said the landlord sent a letter of possession from county court which i never new. I phoned them again and explained the problem with landlord over tenancy agreement and unknown situation of the county court judgement. But, again they sent me a letter of final decision and i have to pay that amount though i contributed towards my share. So, i have to appeal against this decision and deceitful actions of landlord. Please advise me , what to do next as the time is rushing on..got 1 more week to appeal. with regards das

Sent out CCA requests, starting arriving back slowly. Mostly original applications from circa 1996. Assume applications are not CCA, confirmation would be good.

Hello, I am trying to write a defence to this claim and I was hoping that you could help me. Name of the Claimant? IDR Finance UK II LIMITED Date of issue? 05/02/2015 What is the claim for – the reason they have issued the claim? The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXXXXXX and opened effective from --/07/2003. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required and by --/02/2014 a default was recorded. As at --/02/2014 the Defendant owed Barclaycard plc the sum of £11K. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective --/02/2014 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims- 1. 1110510 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from --/02/2014 to --/02/2015 of £808.06 And thereafter a daily rate of £2.32 to date of judgment or sooner payment. Date 04/02/2015 signed: IDR Finance UK II Limited Note: The numbers in the Particulars of Claim are the numbers they wrote. Also there is no actual signature from IDR Finance. Is that allowed? What is the value of the claim? £12323 including interest of £808 and court fees of £540. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Barclaycard Credit Card When did you enter into the original agreement before or after 2007? According to IDR Finance, before 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? Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I was unaware that account had been assigned. I was not aware of any notice of Assignment. Did you receive a Default Notice from the original creditor? I think I did. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. Why did you cease payments? Loss of income, injury and illness. What was the date of your last payment? June 2013 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. However, now it seems that while Barclaycard were telling me that the account was on hold and giving me time to sort out my issues and come back to them they were actively trying to sell the account on. I have a letter from Barclaycard agreeing that I have until the 6th of March 2014 to contact them so that we can review my situation and agree a way forward. Unfortunately it looks like they sold the account to IDR Finance before that date. Other information: I have acknowledged the claim and said that I am going to defend all of it. When Link Financial contacted me by phone last year, I thought that they were a debt collector for Barclaycard. We spoke on several occasions and I let them know that I was working with StepChange and gave them my reference number. Each time I spoke to Link they confirmed that there would be no interest or charges on the account however Link Financial / IDR Finance are now trying to claim statutory interest. I have been talking to IDR's solicitors at Link and they agreed an extension for the filing of a defence however I need to file something on the 7th of April. I sent IDR a CCA request in February followed by a CPR 31.14. They responded to the CCA request saying that they were going back to Barclaycard for the documents and that they needed 30 days and they didn't respond to the CPR 31.14. However after both the 30 days they requested for the CCA and the 7 days for the CPR 31.14 had expired I raised these requests with their solicitors who told me that they had put responding to these requests on hold while we were talking and that their normal procedure would be to fulfil the requests and then ask for a default judgement on the back of that. They also said that while the CCA request was outstanding they could not file for a default judgement. With the CCA request, I asked for a true copy of the original signed credit agreement an up to date statement showing all of the transactions on the account including interest and charges. With the CPR 31.14 request I asked for a copy of 1. The Agreement 2. The Assignment of the account to the Claimant 3. The Default Notice 4. The Notice of Assignment served to the Defendant. 5. A Statement of Account showing how the amount claimed has been reached. We are still talking but I think that I need to file something just in case they decide to go for a default judgement. Thanks.

Hello All, Can someone please tell me where I can find a sample letter or how to draft a letter asking the DWP for a PIP reconsideration. I've never written one before and I've been helping an autism to fill in her PIP she just got a reply back to say that her daughter has got the enhanced care but lower rate mob. I have filled in the criteria properly the letter says she did not get enhanced because her daughter can walk more than 250 yards. Her daughter has autism disorder and Cannot follow the route of a familiar journey without another person, when she's been out alone in her local she's had the police called twice on her because of her violent behaviour which has been written in her reports by the hospital, I've read through her reports myself and the DWP still gave her 0 point. We need to argue her case. Any prompt reply would be much appreciated. Many thanks. Helen

Hi. I have been claiming carers allowance as I was caring for my son. I started working in September. I phoned the office to report my change in circumstances and realised that I had reported the incorrect start date. I have phoned again and reported this and then written a letter and an email to state my error which occurred because I was not paying attention to what I was doing as I am currently swamped with taking care of Children/ house/full time employment and studying. The lady on the phone this morning just said that there would be an overpayment and it would take around 3-4 weeks for them to contact me regarding this. She did say that they knew my correct start date for work because it flagged up on my NI number. Anyway I am going out of my mind since this with worry. Obviously I am happy to pay back the overpayment but I am terrified that my stupid error could cause them to think I was acting fraudlently. Have been going out of my mind and feel sick constantly and cannot sleep since I realised I made this mistake.

Hi I am new to this forum , although did originally have some excellent help at the end of 2009 , from the original Penalty charges forum on other debt matters , so Im desperately hoping I can gain some help now in dealing with this final matter that is still ongoing since then and has now escalated to a CC claim being issued . Firstly I sincerely apologise for the length of this thread , Im just now desperate to know best action to take and so wanted to try and included all details that would be required. Im in a position of not knowing whether there are any grounds for this CCA is unenforceable or whether I need to try and quickly reach a settlement agreement with Cabot who have issued the CC claim as now the legal owners of this debt. I have already registered on MCOL the “acknowledgement of service” on the 20/3/15 , having received the CC claim issue date of the 4/3/2010. Im simply cannot deal with a CCJ being issued , as I have recently been suffering from health issues because of Stress & anxiety , consequently off long term sick from work and having to have medication for the stress and depression. I have managed over the last 5 years to try and start to rebuild my life and dealt with all other debts and cannot face another 6 years because of a CCJ ! Im afraid Id just reached the point & desperation with this Cap 1 account , as I managed to sort other debts out however it all become to much for me to deal with as I was getting nowhere reaching a similar settlement figure with this as I had with other creditors. Im afraid I suffered ill health most of last year and just wasnt in the mental health to deal with it any further , so it got ignored ! Very Stupid I know but as I say I simply was not well enough to focus on this any more at the time. Any help and advise would be very much appreciated , I really dont want this matter to send me over the edge again . Thank You Details I believe you will need are detailed below : (any other details required please ask & i'll try to post up asap ) Name of the Claimant ? Cabot Financial UK Limited Date of issue : 4th march 2015 What is the claim for – the reason they have issued the claim? 1.The Defendant entered into a credit agreement described by the original creditor as CAPITAL ONE – CREDIT CARD and having account number XXXXXXXXXXXXXXXX (‘the Account’) 2.The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3.The Defendant is indebted to the claimant in respect of the account in the sum of 16919.87 4.The claimant claims the said sum of 16919.87 , plus costs. What is the value of the claim? 16919.87 credit card When did you enter into the original agreement before or after 2007? 22/7/2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Letter from Cap 1 on 4/5/11 advising they have sold the account to Cabot Financial UK Ltd on the 29/3/2011. Cabot Financial UK Ltd will start reporting against your credit file within 30 days of you receiving this letter Did you receive a Default Notice from the original creditor? Yes on the 7/5/2010 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes debt has been passed from Cap 1 , then FPC debt collection services (on behalf of cap 1 ) , Then Fredrickson International Ltd , then passed back to Cap 1 on 15/12/10 , then sold to Cabot on 29/03/2011. Sent series of e mails to cabot through 2012 stating they had failed to provide the required details and a valid true copy of CCA to me. Why did you cease payments? Redundancy / marriage breakdown & costly divorce / returned to live with parents & they offered some limited financial support to try and resolve & clear my financial crisis out ! Made offer to Cap 1 along with all other creditors on a pro rata basis as I was advised to . Capital 1 was the only one that failed to accept. What was the date of your last payment? Last payment on 3/1/2010 , then could no longer afford to so missed payments from Feb 2010 onwards Was there a dispute with the original creditor that remains unresolved? I disputed the amount as at the time I originally contacted Cap 1 and advised of severe financial difficulties the amount was £15613.65 less £748 charges so £14865.65 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes made a offer of £6237 to cap 1 , as full & final settlement on acc as represented circa 42% of the debt at the time . the same % basis that I made to all other creditors that accepted the settlements on a pro rata basis. Offer made on 25.01.10 , details attached . Later offer made to Fredricksons International Ltd as DCA on 22.11.2010 of £7500 as circa 46% of the debt. Response from Fredrickson on 30/1/2010 indicating offer would be accepted but need me to call to discuss matter. Letter from Cap 1 on 15/12/2010 advising matter no longer with DCA (Fredickson Int Ltd ) but been returned to Cap 1

Hi all. I am new here however, I really need a qualified advice. I received a statutory demand on 13/01 this year. However in the email they are stating this was served on 21/12/2015/ Even I moved house I was regularly visiting my old address and no letter was delivered. The statutory demand is served on my based on judgement from foreign EU country. I was not present on the hearing (I did not know about it) but a representative was pointed to represent me. I found that the Judgment is not enforceable in the UK according to EC Reg 2001/44. I would like to apply statutory demand to set aside but I am not clear about my grounds. On the form 6.5 is stated: © Insert one of the 8 following alternatives or if none of them are applicable state grounds on which you consider the statutory demand should be set aside (1) “Do not admit the debt because…” [here state grounds] or (2) “Admit the debt but not that it is payable immediately” [state reason], or (3) “Admit the debt as to £ , and that this is payable but that the remainder is not immediately payable. I am prepared to pay the amount of £ immediately” [state reason], or (4) “Admit the debt and am prepared to secure or compound for it to the creditor’s satisfaction by …” [state nature of satisfaction], or (5) “Say that the debt is a secured debt” [give full details of security and its value], or (6) “Have a counter-claim (or set-off or cross demand) for £ being a sum equal to (or exceeding) the claim in respect of” [here state grounds of counterclaim etc.], or 2. That I © (7) “Say that execution on the Judgment of the Court has been stayed” [give details], or (8) “Say that the Demand does not comply with the Insolvency Rules in that ………” [state reason] I would choose number 8 and describe that it was not served in correct way. Not sure if I can use the part about judgement from foreign country. Any help, advice will be much appreciated. Many thanks

Hello, I was wondering if dx or someone could offer some urgent assistance. Hillesden Ltd via Mortimer Clarke Solicitors are taking me to court for a debt. I believe this to be statue barred. Details are below. I should mention that I sent through the AOS to allow for an extra 14 days. Just to let you know that this debt does not appear on my credit file. Name of the Claimant - Hillesden Securities Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to – 14 DEC 2015 ( by my calculations 33 days is up tomorrow) – What is the claim for – the reason they have issued the claim? By agreement between Black Horse Ltd & the Defendant on or around 07/11/2006 (‘the Agreement’) BLACK HORSE lTD agreed to loan the Defendant monies. The Defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was aa signed to the Claimant. The Claimant therefore claims 5500 What is the value of the claim? £6000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? LOAN When did you enter into the original agreement before or after 2007? BEFORE 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. DEBT SOLD TO DLC/HILLESDEN. THEY ARE THE CLAIMANT. Were you aware the account had been assigned – did you receive a Notice of Assignment? I DO NOT RECALL. Did you receive a Default Notice from the original creditor? I DO NOT RECALL Have you been receiving statutory notices headed "Notice of Default sums" – at least once a year ? I DO NOT RECALL THIS. Why did you cease payments? LOW SALARY – I WAS NOT ABLE TO AFFORD PAYMENTS. AT ONE POINT I WAS OUT OF WORK. What was the date of your last payment? APPROX 2007. I MADE A PAYMENT OF £10 FOR A SAR TO BLACKHORSE – WHICH I MADE ABSOLUTELY CLEAR WAS FOR ACCESS TO MY RECORDS. I DID RECEIVE MY RECORDS. THIS DEBT AT SOME POINT WAS PASSED / SOLD TO ZINC WHO CHASED ME FOR THE DEBT. AT THE TIME I SENT THROUGH £1 FOR A COPY OF THE AGREEMENT. THEY DID NOT RESPOND. THIS WAS IN 2010/2011. ABOUT 2/3 YEARS AGO I RECEIVED A LETTER FROM DLC STATING I HAD MADE A PAYMENT OF £1 TO MY ACCOUNT. I DID NOT RESPOND TO THE LETTER AS I KNEW THIS TO BE INCORRECT. Was there a dispute with the original creditor that remains unresolved? NO. I MADE PPI CLAIM – WHICH BLACKHORSE PAID. THAT WAS APPROX 2 YEARS AGO. AT THE TIME THE DEBT WAS ALREADY SOLD TO ZINC / DLC/HILLESDEN Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? WHEN THE LOAN WAS TAKEN OUT ORIGINALLY, I DID CONTACT BLACKHORSE OVER THE TELEPHONE. BUT THAT WAS WELL OVER 8 YEARS AGO. I BELIEVE BLACKHORSE/ DLC/HILLSDEN HAVE THE DATES WRONG. I NO LONGER HAVE THE ACCOUNT OPEN WITH THE BANK FROM WHICH I MADE PAYMENTS FROM. I HAVE MADE CONTACT WITH THE BANK AND THEY INFORM ME MY ACCOUNT HAS NOT BEEN IN USE SINCE SEPT 2007. I SWITCHED BANKS OVER 10 YEARS AGO, SO I KNOW I HAVE NT MADE ANY PAYMENTS TO BLACKHORSE IN THAT TIME PERIOD APART FROM REQUESTING ACCESS TO MY RECORDS VIA A SAR, PLUS £1 TO ZINC FOR A COPY OF MY AGREEMENT. I hope I have provided enough detail above. I am seeking assistance in what to state by way of defence. Many thanks mbk.

Hi All, I am sending my car back under the V.T rules to welcome Finance today I had a guy come to do an inspection from the RAC on behalf of the finance company his findings were:- Stone chips to Front Bumper stone chips to Bonnet Scratch to nsr wing( This scratch was on the car when I originally purchased the car) I bought the car 2 yaers ago with 96,000 Miles on the clock it has now done 113,000 MIles and the car is in better condition now that when I bought it. I have Full Audi service history wirth the car & surely a car with this mileage on it is expected to have this type of stone chip damage as i accepted it at 96,000 Miles with stone chip damage. The RAC man asked me to sign for the damage which i refused to do so as I would be agreeing to paying the £500 to rectify the damage he quoted. They are having a laugh surely, Simon

I am desperate for a bit of help, I’ve been ignoring letters from Cabot for a while for a pre-2007 Lloysd TSB credit card debt recently received a letter from Restons Solicitors demanding for full amount of nearly 15K within a specific date. I responded with letter 1 asking them to verify their claims, sent by recorded delivery to both Restons & Cabot the letter didn’t go the Solicitors within their specific time limit due to the Christmas busy period and 4 days later I received a county court claim form from Northampton County Court Business Centre. I’ve 14 days to respond which I believe will end on the 4th January, I'm rapidly running out of time. Is there any way I can extend the 14 days period so that I can have a bit more time to get advice from everyone here? I don’t know what to do and how to handle this; I’m going crazy just thinking about it. Your help would be highly appreciated. Many thanks.

I need an urgent advice please. I originally lived in Hampshire a few months a go I moved to Birmingham for a new temporary job, rent a place there and failed to update the address on my car insurance. Even though I was fully insured with the option to drive other vehicles the police invalidated my insurance on the spot and seized my car. The policeman advised that the MIB cancelled the insurance. I now received a letter where I need to choose between guilty (£300 fine and 6 points) or not guilty and go to court. They treat me like someone who had no insurance at all. I called the MIB on 01908 830001 and they said that they have no power to cancel an insurance policy so I am confused about the whole situation and the right steps I need to take from here. Any advise would be very helpful please.

I'm new here so not sure if I'm posting this in the right place. I need some advice please regarding two old debts. One is a CCA debt, a loan originally taken out with Sainsbury's Bank well over ten years ago now. We defaulted on this loan around 2008 I think. Sainsbury's started court proceedings and wanted an order for sale of our house to which I responded that we had other creditors so it was unfair to them. I got advice from a credit counselling service and she said to offer token payments to all creditors. A few years back we received a letter from Arrow Global saying the Sainsbury's debt had been assigned to them and for us to send payments to Restons Solicitors we have been paying them token payments, although we have received nothing more since from either Restons or Arrow Global. Surely they are breaching the CCA by not providing six monthly statements? The other debt is an old overdraft with Lloyds Bank - the token payments are going to Robinson Way but I don't know if Lloyds still own the debt and whether it is just being collected by Robinson Way. Because it's not a CCA I don't know if there's anything I can do to check whether they are authorised to be taking our money. We historically had two credit cards too which we defaulted on in 2008 but these I should imagine are statute barred by now. The reason I am querying the Sainsbury's and Lloyds debts now is that I recently checked with all three of the credit reference agencies and none of them show these two debts. Experian have told me that even though debts do not show on credit reports does not mean they are not owed. I would like to get advice though as to whether I am paying money unnecessarily. I don't trust debt collection agencies to act reasonably and fairly as we have had a lot of harassment in the past. Any advice you can offer would be greatly appreciated.

Hi everyone, i have recently just purchased (16/11/2015) a 60 plate BMW 318d from a car supermarket. Unfortunately I was also sold auto protect gold warranty, i was sceptical at first and in hindsight after reading some of the horror stories regarding this company, it is something i shouldn't have purchased. Both the car and the warranty were purchased on finance, through 2 separate lenders. The dealership gave me the hard sale, and mentioned that virtually everything is covered, he also added that as the warranty was being purchased with the vehicle, that would in turn reduce the monthly cost of the car by around £30, i thought this was a bit odd. The cost of the cover worked out to be around £70P/M so this would in theory work out to an extra £40 per month (on top of the price of financing the car) to have the "Piece of mind of this fantastic cover" , and after forking out a lot on my previous motor, decided that this may be a worthwhile investment. I have received the paperwork from Santander for the credit amount that has been sent to APA/Auto protect, and in there it says i have the right to cancel this within 14 days no questions asked, perfect i thought, no problem. HOWEVER I have studied the paperwork from APA (Something i deeply regret not doing at the car shop). In these T&C's it states under Cancelation; "Should you cancel this agreement, there is no surrender value and no monies paid will be refunded":evil: Is that right?! Can they do that? Or have they just failed to mention that you are entitled to cancel with a refund within 14 days? I was under the impression that i could cancel this within 14 Days? AT NO POINT did he mention the cancellation rights? Can i use that to my advantage if he hides behind the "no monies... refunded" line... I'm just trying to seek all the advice i can before calling the car shop, as i can be more prepared. Details are; Car: cash price £8,995. With interest 20.7% over 60/M £232 Gold warranty over three years including interest!: £76.87 (£2,767 in total with interest, covering 9K! worth of repairs (yeah right!!) Also after reading the other stories from people, i realize the price of this warranty is far too much. But i was foolish and rushed through the paperwork part, being too eager to get my new motor. If anyone has any advice, it would be greatly appreciated. Thanks

aa I've never received a N24 form before, so I have no idea what to do, also I cant seem find anything to do with the N24 we've just received on the site. All we received was 2 sheets of paper, telling us to file within 7 days, & a cryptic accompanying letter sent to our solicitor. I've attached this to the post My main question is what is "an order excluding the Defendants from the property"? Does it mean a lodger ie an excluded tenant? or something else? Is it evicting a commercial tenant? The full paragraph says : " in detail and in numbered paragraphs the background to the dispute and why they are entitled to an order excluding the Defendants from the property" I have no idea what this means ... The accompanying letter to the solicitor said something about varying a residential contract into a commercial contract. I've included the full letter as an attachment. The exact wording about the varying order is: "That the said Assured Shorthold Tenancy bearing the latest date be varied into a business/commercial lease upon registration or obtaining an operating licence with the regulatory board namely Office of Standards for Education Department (OFSTED). " Also is it possible to ask the court to show us the original application or order from the court, so we know what the hell is going on ... The only forms we received said Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. The Claimants must file with the Court and serve on each Defendant by 10-12-2015 a signed and dated witness statement which sets out clearly and in detail and in numbered paragraphs the background to the dispute and why they are entitled to an order excluding the Defendants from the property and which contains a declaration ('a statement of truth*) that the contents are true . 3) When the Claimants do this the application will be placed before a circuit judge who will decide without a hearing when it will be heard: 4) If the Claimants do not do this by the date given, the application (but not the Claim will be struck out) Dated 17 November 2015 Again we have no idea whats going on, please help. Thanks

Hi Everyone My wife and I hit difficult times in 2008 like most people and we eventually faced the Grimm truth that we could not afford our debts in 2009. Two of these debts were with HSBC, credit cards, that we agreed a zero percent interest rate and a fixed monthly fee to pay them off. Our combined debt equated to nearly £14k. In 2010 we signed with Payment services Bureau so that we could avoid paying interest. We signed standing order mandates to 2018 for my wife and 2020 for me. Over the last few years we have never missed a payment and the standing orders continue to go out of our bank account every month without fail. I have never received any official letters from HSBC stating any re-assignment and the fact that the standing orders keep going out have made me suspicious of recent claims by Cabot that they can hassle me for the balance. Tonight I have returned home to see two letters from Reston Solicitors stating that they have been instructed to seek immediate payment of the outstanding monies. They have given me two weeks from the date of the letter to settle - is this legal?? First of all I've never signed anything with them. Second, I have never had a re-assignment letter on official HSBC paper. Third, I received the letter today (November 16th), how can they demand a response in just over a week? Fourth, the balance they have demanded between us is just under £6,500 so why the high pressure when we've already paid off over half the outstanding amount from 5 years ago? I am working away for a few days and this really limits my capacity to research these parasites. Could somebody help me please? I have attached the three letters - HSBC to confirm deal and freezing of interest Payment Bureau to agree repayment schedule and Reston threatening us We have almost two sets of identical documents, the names, dates and values are the only differences. Can somebody help me with the next steps I must take please?

I've received a claim form (infortunately at an address I own but do not live at so i have very little time to respond). The particulars are: The Claimant's claim is for the sum of 3***.** due under loan agreements between claimant (including predecessors in title) and the Defendant dated between 26/11/1996 and 10/11/1998 regulated by the Consumer Credit Act 1974. The Defendant has failed to make repayments under the loans and failed to comply with the Default Notice Served under section 87(1) on 26/04/2006. And the claimant claims 1. The sum of 3***.** 2. The interest pursuant to Section 69 of the County Courts Act 1984 totalling 74.49 on 07/02/2014 and continuing until Judgement or payment at a daily rate of 0.68336 3. Costs Drydens Limited t/a drydensfairfaxsolicitors 07/02/2014. The claimant is listed as Honours Trustee Limited, Claypit Lane, Leeds, LS2 8AE This has been to varying debt collection agencies and I have made some payments over the years and this is classed as in arrears. I am in a debt management plan with Stephchange who have taken this out of their payments and advise this will now be a CCJ and i should respond making the offer they have outlined. Should i really lie down and accept a CCJ? Any help would be appreciated!

Hi all Urgent matter here with a white goods (not in warranty). Require an email address for Electrolux. I am unable to use the online form due to me not being in the UK but I have a UK model and can only get what I want from them in the UK. Door handle has busted and need a replacement but cant find it anywhere Thanks guys