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Found 49 results

  1. Really need some advice as to what to do first,, do I call Lowell ? How do I respond to the forms I know there is a deadline we have to meet. My boyfriend has received a claim form from a Vodafone contract he had no choice but to cancel due to the recession, he had no work and got himself in a bit of a mess which he is still in the process of sorting out. At the time he did visit the citizens advice who helped him, they advised he offer to pay Vodafone £1 per month which they declined. I have copies of most of his bills from 2005 onwards, sadly the copies he gave the CAB are missing which are the crutial ones, however I have bank statements showing his regualr payments to cover the missing vodafone bills. He had been a customer with them since 2005, they had one dispute in 2008 when his bill suddenly jumped for one month to over £200 which was rectified/reduced as it was an "error", apart from that he was a loyal Vodafone customer until 2010. He disputed the last two bills they sent him, he received one for £205 and called them to dispute it, he was told they were looking into it, he decided not to use the phone during the last month to see what would happen, he purchased a PAYG phone from Tesco, Vodafone still sent him a bill for £211 which the bank rejected as he had no funds to cover it. Prior to this all his bills were between £80-90 per month, he never followed up on the dispute he raised as in his eyes they had taken £205 the previous month which he had not incurred, plus at this point he was not in a great place in terms of his mental health due to being out of work and unable to live/survive financially. Ironically if you look at the call records of his phone he barely used it ! Vodafone wrote him two letters 4/1/11 saying he owed £326.97 then 14/2/11 stating £575.24 was owed. He heard nothing then until now when he received the claim form from Lowell saying he now owes £751.26. What should we do? I have read lots of other threads but feel this one is slightly different. Please help
  2. All documents are here: Ordinary Cause Action for over £5000 http://www.scotcourts.gov.uk/taking-action/ordinary-cause the important ones are attached to this post Period of notice after citation ......time you MUST reply by: 3.6. (1) Subject to rule 5.6(1) (service where address of person is not known) and to paragraph (2) of this rule, a cause shall proceed after one of the following periods of notice has been given to the defender- (a) where the defender is resident or has a place of business within Europe, 21 days after the date of execution of service; or (b) where the defender is resident or has a place of business outside Europe, 42 days after the date of execution of service. (2) Subject to paragraph (3), the sheriff may, on cause shown, shorten or extend the period of notice on such conditions as to the method or manner of service as he thinks fit. (3) A period of notice may not be reduced to a period of less than 2 days. (4) Where a period of notice expires on a Saturday, Sunday, or public or court holiday, the period of notice shall be deemed to expire on the next day on which the sheriff clerk's office is open for civil court business. worthy notes: Actions relating to regulated agreements 3.2A. In an action which relates to a regulated agreement within the meaning given by section 189(1) of the Consumer Credit Act 1974 the initial writ shall include an averment that such an agreement exists and details of that agreement. - thus...get a CCA request running to the pursuers filling in form 07 The notice of intention to defend, together with the court fee of £ (129 as at aug 2019) must be lodged with the Sheriff Clerk at the court address return the form in person if you can to the relevant sheriff's clerk office or email [pay by card over the phone] you must copy the form to the claimant too. you then have 14 days to intimate [file] your defence but there's no reason to not to file your defence at the same time Defences 9.6. (1) Where a notice of intention to defend has been lodged, the defender shall (subject to paragraph (3)) lodge defences within 14 days after the expiry of the period of notice. (2) Subject to rule 19.1(3) (form of defences where counterclaim included), defences shall be in the form of answers in numbered paragraphs corresponding to the articles of the condescendence and shall have appended a note of the pleas-in-law of the defender. Implied admissions 9.7. Every statement of fact made by a party shall be answered by every other party, and if such a statement by one party within the knowledge of another party is not denied by that other party, that other party shall be deemed to have admitted that statement of fact. your defence MUST be completed in the prescribed format [IMPORTANT] how to do this is described in chapter 2 of the guidance notes attached dx chapter-9---standard-procedure-in-defended-causes-(2) (1).pdf chapter-03-(actions-lodged-on-or-after-22-september-2015) (1).pdf Guidance on Ordinary Actions cause .pdf
  3. Hi, I'm new to the forum, but have been a long time lurker. First of all apologies for how long winded this is, but I hope I include all the relevant information. Alleged card debt from card taken out in 1998. Alleged debt approx £5k. Card sold to IDEM Capital Securities August 2012 Alleged Card default August 2013. Idem Capital Securities assigned alleged debt to Arrow Global November 2015 About three years ago I received multiple claims for alleged credit card debts, and with the help of this forum managed to get one claim dropped and ended, one victory in court and a few claims stayed, so thanks for the help there! Anyway, one of them doesn't appear to have gone away, and Shoosmiths appear to be applying to Northampton County Court to get a stay lifted and have my previous defence struck out pursuant to CPR 3.4 and obtain summary judgement pursuant to CPR 24.2 they claim I have no grounds for defending the claim. This was my original defence: So my defence was submitted, along with two other defences on the same date. Nothing further was received from Shoosmiths or the courts, and the claims were stayed. I should have asked to have them struck out, but I wasn't fully aware of the procedures, and couldn't afford to pay anything to the courts. So roll on two years and three months, and Shoosmiths start writing to me again, saying they did not receive my original CCA request or CPR18 letter in 2016 (funny how two more were received, and returned, and they were all sent in the same recorded delivery envelope!) They now claim they have provided all of the relevant information, and I still dispute this. Their alleged agreement is an application form for a card around the time I had allegedly taken out a few credit cards. Their "terms and conditions" is a reconstituted partial list, it even says for items X,Y,Z refer to your terms and conditions! They then have another set of terms including MBNA web address details, the web address didn't exist in 1998! Their letters also refer to one credit card number, then it changes to a new card number that they have assigned, which to me just points to multiple pieces of incorrect or fabricated information. I chose to ignore all of this further correspondence, as the claim was stayed. Then earlier this week, they have sent a further copy of this "information" along with a covering letter to me as follows: This covering letter includes a copy of their N244 Application Notice to lift the stay and all previously submitted information. Again, apologies for the long winded post, but I ask, how should I either try to stop this dead, or again defend? I am actually happy to attend court if it comes to that. I read on one of the other threads that this could be submitted. Would I be able to use it as a reply, as it has taken them over two years to get incorrect information that they think they can use in court? If anyone can reply, I'd like to say thanks now, and I will be extremely grateful. Will come back with the results.
  4. not even sure what this relates to but they have been trying for ages and not even sure if this belongs to me.....do I need to worry about it? edfenrgy_Redacted.pdf
  5. Me again, So out of the blue SLL Capital have put a default on my credit file for a Mr Lender Loan from 2016 that i never repaid. Can they do that? The Mr Lender loan isn't on my credit file before this I will of course do a irresponsible lending complaint to Mr Lender, is it worth sending a prove it that i owe this debt to SLL Capital?
  6. Hi all, new to CAG but hoping you can help! My husband has received a claim for for a PCN over a year ago which I feel is unfair and would strongly like to contest on the basis that none of the parking machines were working on the night he parked there. I have just completed the Acknowledgement of Service online amd intend to request info under CPR 31:14 but I would really appreciate any help you can offer, particularly with respect to what I should specifically request. Thanks in advance!
  7. Hi I also received a PCN from VCS Ltd for stopping for 8 seconds on 28 May 17 to pick up my distraught Sister-In-Law at Liverpool Airport. She didn't go to the pick up point as arranged but thought it better to start walking towards the main road. I received the initial notice from VCS Ltd but ripped it up and binned it (so I don't know if it was within the 14 days timeframe). I then ripped up and threw away their second letter. The first letter from BW Legal came int he same envelope as a letter from VCS saying my account had been passed to their legal team. The second on says its a 'FINAL NOTICE' saying their client has instructed them to commence County Court Proceedings against me for the recovery of the Balance. I'm not quite sure what to do at this stage, I have read through lots of the forum threads and am thinking of sending BW a letter telling them I am not paying and to leave me alone. Any help would be greatly appreciated
  8. The last few months I have been receiving numerous letters from a company called LCS demanding £24.65 + £5 admin charge on behalf of their client E-on for an alleged bill in June 2016 when I switched to a different supplier. I have contacted them by email many times for them to prove who they are & how the debt was incurred. LCS have now sent me E-on bill printouts & are now demanding £99.65 for an 'estimated bill'. As far as I'm concerned I do not owe any money. E-on have been very unhelpful. Any assistance please?
  9. All documents are here: http://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules Below are those relevant to DCA/Debt Buyer Claims with specifics highlighted within them. Some interesting musings... The DCA HAS to state the documents they intend to rely upon within their claim. [box E2] It is heavily directed toward the claimant/respondent dealing with this via ADR outside of court There are no immediate court hearings/if any at all...the sheriff is directed to read the responses by the claimant and the respondent and decide what should happen. it is very much geared toward Mr Joe Public, with NO legal knowledge needed, to represent themselves and be helped and NOT be disadvantaged by the sheriff nor the Claimant in legal matters. they must explain and help the respondent in legal matters use the response form 4a PDF attached to post 2 or 3
  10. I wonder if someone can help me. My car has been in the garage since April 2016. I have been given all different dates when it will be ready. I have whatsapp messages to say it would be ready in February this year. Let me explain because I really need to understand what my legal right is as I though garages had to carry out repair within a reasonable period of time. In April last year my BMW 325i broke down. I was told it was the head block. At first I tried with no success to find a head block and then decided to opt for a part worn engine. I ordered the engine but unfortunately they sent the wrong one which caused delays. However a head block became available in August 2017. Since this time I was told that they had to await pistons. I threatened to take the car back in February but was told that I would need to pay for the work that had already been carried out and they have ridiculous excuses. I have left my car with them but up to today my car is still not ready, they have caused extensive dents in the car which they said they would repair. However it has been well over a year and I am still without my car. Can anyone tell me what my legal position is. I have already paid them £500 up front. Mark
  11. Good Evening all, I was wondering if someone could help me with an issue I have about a Barclaycard that I opened in 2005. I build up a balance of around £4000 but paid it off in full in March 2012, I have clear evidence of this as I kept most of the statements and you see the balance goes form £4000 to £0000 (although the statements do not say payment received). I also have 22 following months statements with a balance of £0000. I did not use the account after I paid it off (cut up the card) and after receiving nearly 2 years of statements, they suddenly stopped and I thought the account had closed. I also have a noodle credit report from 2014 that mentions nothing of this account (again proving the account was not in default) Any way in October 2016 I received a letter from Barclaycard saying they had closed this account and transferred it to a company called Asset Link capital with a balance of £4200. I though this must be a mistake and ignored it. I have since received letters from Link demanding payment in full and the latest letter has even threatened solicitors (Mercers Kearns ) action within 14 days. I have checked my most recent noodle credit report and this alleged debt does now appear, so Barclaycard must have backdated my credit report reporting it as default from Feb 2012 (please note it does not appear on the 2014 report), I am worried like hell that I am now going to be taken to court for a debt that has been paid off once (2012). How is it now that 5 years later banks/debt collection agencies can be hasting/threatening legal action for a debt they seem to have made up. There must be some kind of criminal actions going on here. Would there be anyone in the CAG community that can help/advise me with a template letter to send, I am not sure where I start and how I explain all of this or indeed who to report it to. Please please please someone help this worried persecuted human being who has very little money and even less knowledge on how best to tackle these criminals :-(:-(:-(
  12. Hi, I applied for a provisional driving license in October 2016. To this day (Aug 2017) I am still waiting for it. Today DVLA told me it's still in a queue for a doctor to review but would not tell me how many months or years it would take for that review to happen. DVLA refused to tell me the average or approximate time it takes for a medical review to happen. No info whatsoever...just keep waiting... Is this normal? How long does this normally take? Is there a way I could get a provisional license and my lessons as well as the actual driving license abroad and then use that here? - Sorry, this might be a silly question, but I need options. I desperately need a driving license for work/shopping/doc appointments due to bad back, and it seems it's not possible to do it in the UK due to some internal DVLA backlogs. Thank you for any suggestions x
  13. Hi, Could you help me with a Northampton county court claim dated 13 sep 2016 which is for £935.50 + interest. I have acknowledged it online and the issue date is 13 Sep 2016. Claim History A claim was issued against you on 13/09/2016 Your acknowledgment of service was submitted on 22/09/2016 at 20:20:43 Your acknowledgment of service was received on 23/09/2016 at 08:01:36 I want to dispute the whole claim which I have told the court online as im not sure about this credit card or when it was taken out as at that time I had so many debt but im not sure which one this is. Which forms do I need to send off to the claimant and the solicitors. CCA and 31:14? Any help will be appreciated.
  14. CAG Newsletter - October 2010 01 -October 2010 Newsletter.pdf CAG Newsletter - November 2010 02 - November 2010 Newsletter.pdf CAG Newsletter - December 2010 03 - December 2010 Newsletter.pdf
  15. The December solstice happens at the same instant for all of us, everywhere on Earth. This year the solstice occurs on Wednesday December 21st at 10:44 GMT (Universal time). The winter solstice happens every year when the Sun reaches its most southerly declination of -23.5 degrees. In other words, when the North Pole is tilted furthest – 23.5 degrees – away from the Sun, delivering the fewest hours of sunlight of the year. The Winter Solstice is the most important day of the year at Stonehenge and a truly magical time to be there. It's an ad hoc celebration that brings together England's New Age Tribes (neo-druids, neo-pagans, Wiccans) with ordinary families, tourists, travelers and party people - 100's of them! For many the impulse to arrive at Stonehenge in time for the Solstice is a little like all those people drawn to the strange rock in Close Encounters of the Third Kind. It's akin to a spiritual experience. Anyone who has witnessed the crowd become silent as the sky begins to brighten can attest to that. Do you have a strange urge,are you feeling drawn to do something a little strange tomorrow. Well can you believe it,the winter solstice is nearly here,another exciting day,when you can let your hair down. Do a little dance perhaps,dress up or visit Stonehenge even and really celebrate. Everything you need to know,including video. And a countdown clock. http://www.telegraph.co.uk/science/0/winter-solstice-2016-shortest-day-year-time/
  16. Plans to change the way fare dodging rail passengers are punished have been outlined by the Department for Transport (DfT). Ministers want to make the process simpler following accusations that it is unfair and lacks consistency. The proposals are in response to reports into the issue by independent watchdog Transport Focus (TF) which explained that, under current arrangements, train operators are "the victim, the investigators, the decision makers and the prosecutor". It described this as a "powerful position" and declared that "the whole system requires an overhaul". TF said the outlook for passengers mistakenly accused of fare dodging is "bleak", and warned that some passengers are being threatened with criminal sanctions despite no evidence they were attempting to commit fraud. The proposals announced by the DfT include: :: Clearer rules on deadlines for payments and appeals :: Making appeals bodies independent of train operators and their owners :: The creation of a third-stage independent appeals panel :: Stronger DfT oversight of the appeals process through an annual audit of penalty fares data https://uk.yahoo.com/finance/news/revamp-plans-punishments-dished-rail-161443357.html
  17. The Consumer Action Group Guide to Payday Loan Reclaims & Irresponsible Lending. Latest guide includes info on dealing with CMC (Claim Management Companies) & When a company falls into Insolvency / Administration. This was updated in Sept 2018 PDL_Claim_Guide.pdf
  18. Need info on regarding a PCN on shared use taxi rank. On TSM chapter 5 7.43, it states that LA will need special authorisation from Dft on use of diagram 650.1 (no stopping except taxis). But the new TSGRD 2016 which came on force since april this year, there's a para stating: Confused with the wording but is it to say that LA will not need authorisation from Dft? Thinking of contesting the PCN as it's a non-prescribed sign (650.1) but noticed the new changes. Caught out in Aldershot station road. Pay parking until 7PM and taxi rank from 8PM . Original TSM chapter 5 wordings:
  19. 1. Date of infringement: 11/06/2016 2. Date of NTK: never received due to change of address 3. Final reminder received 10/08/2016 (first letter seen), BW Legal letter combined with Excel parking passed to BW Legal letter: 26th September. 4. No mention of Schedule 4 of the Protections of Freedoms Act 2012. 5. No photographic evidence given by Excel. 6. Excel Parking Services Ltd. now instructed BW Legal 7. My sister parked my car at Peel Centre, Stockport on a stormy/rainy day, not seeing the signs or any ticket machines with her hood up. She made purchases at H&M and left. 8. Excel is a member of the IPC 9. Letters received include a 'Final Reminder Notice' on 10/08/2016. Next letter received in the same envelope 'your account has been passed to our legal team' saying the outstanding balance is £154. Other letter - BWLegal have been instructed by Excel in relation to the Balance Due for the PCN. After not receiving any initial correspondance due to a change of address and upon moving house post has been delayed and lost frequently, I have not responded to any of these letters. I have now received this letter from Excel and BW Legal combined. Letters are still going to old address but currently on mail redirect so receiving them later than normal. Not sure what to do next, I've read on multiple sites to ignore, appeal or pay up. Any help would be great.
  20. HMRC made an error in my 2016/7 tax code which resulted in a large overpayment of tax on my pension in October 2016. HMRC have admitted their mistake and issued a new, correct, code. Who is responsible for repaying me? My pension provider or HMRC?
  21. Hi, Morning everyone, it's finally the weekend! I am looking for some advice regarding this upcoming benefit cap as I want to know if I am going to be affected as I claim Universal Credit. I am single, 29, I live in Burnley, Lancashire, North West and I live in a 1 bedroom flat with an housing association and my weekly rent is £80.62. My Universal Credit payments is as follows: 1. Standard Allowance for me: £317.82 2. Housing Element: £352.56 So, by going of this, will I be affected? I am just worried! Any advice / help would be great, cheers.
  22. The Ministry of Justice has introduced a shortened list of the new Court Fees for County Court, High Court and Family Court proceedings. In relation to the bailiff section of the forum, the following fees will be of interest: Varying a judgment, suspend enforcement or suspend a warrant of possession £50 Set aside a County Court judgment £255 General Application: £255 (N244) The general application fee (of £255) apply in cases where an Out of Time witness statement has been rejected, and the respondent wishes to have the decision 'reviewed' at a hearing in person. A 'review' without a hearing is charged at £100. https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court
  23. READ MORE HERE: https://www.gov.uk/government/news/royal-navy-statement-20-july-2016
  24. Hello, first post here having read through other threads. I received a FCN from Napier after parking at Willen Lake, i bought a ticket and it appeared to have blown off my dash into the footwell of my car. I returned to my car to find an FCN on the windscreen asking for payment of £80 or a reduced charge of £45 if paid within 14 days. I appealed to Napier through their online procedure explaining this situation and attaching a picture of my ticket. However they responded with a letter attached to an email stating that because i failed to ensure the ticket was displayed that im still expected to pay. In this letter though, it now says they will accept a £25 payment as a show of good will. Very simply should i just accept this and pay them, or is ignoring further correspondence the best route to take?
  25. The country has waited a long time to see Tony Blair’s face when this report comes out, there are suggestions that he should be stripped of all honours given to him, to sit on the Privy Council-who advise the Queen, and the title of ‘Right Honourable’ which he is not. Blair lied to the British people and to parliament (with the aid of his side kick Campbell, they should both be taken to court for starting an illegal war, which killed nearly 7,500 Iraq civilians plus the lives of 179 British servicemen and women, which also enabled the rise of ISS. Blair took absolutely no notice of experts and his cabinet so that he could make the case for war. If he is found guilty of lying then he should face the full force of the law. I have been reading a book called Broken Vows –Tony Blair the tragedy of power, by Tom Bower. It is a real eye opener in relation to his total time in power, and I have to say Brown was also responsible for what went wrong during the Labour years, by the shear animosity between them.
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