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Found 34 results

  1. Hi Guys Im new to this I received a court notice from mortimer clarke on behalf of cabot in 2015 regards a cc I filed my defence and sent them the requet for proof of my cca which they did not send me the court stayed the claim and now 2 years later they have appealed to remove the stay with the court ive just received court papers sending the claim to small claims track and mortimer clarke has asked the court to complete this without a hearing any help would be much appreciated
  2. I would be most grateful if anyone can help us with this. My wife and I flew from Malaga to East Midlands airport on flight LS606 on 11 December. The flight was 4 hours late arriving into Malaga and we ended up being 3 hours 15 minutes late into East Midlands. Whilst there was some minor snow on 10 December that tenmpoarirly closed the airport, flights fully resumed in the afternoon on 10th. Our aircraft first flew out from East Midlands, due to leave at 11am but actually left at 3:15pm, thus was late arriving in Malaga. The excuse the airling want to fob me off with is 'adverse weather'. But I was flying from Malaga where the weather was fine and into East Midlands where there were no problems landing or taxiing. On investigation, it seems as through there were mechanical problems and delays with teh de-icing euqipment and thus is a ground operations delay and not a weather delay that effected the outbounf aicraft. In any event, as siad we were not flying from East Midlands but into. So, my question is this. Would faulty/ill prepared de-icing equipemt used for the outbound flight to Malaga be justification for the airline citing adverse weather for our inbound flight, albeit the same aircraft. They could have used another aircraft, or chartered one but obviously that would cost them. I am not in the slightest happy to be told that I cannot claim under EC204 regs for the 3hours+ delay because they want to wave the banner of 'adverse weather' when as said, there was no adverse weather that actually effected OUR flight, but the one before. Any help or guidance would be very welcome.
  3. If anyone could give some advice on this I would be great. Following loss of my partner in August I had a nervous breakdown had to go into hospital for a week. My parents had to take care of my children and its been a pretty devastating and traumatic year, given the nature that he passed away. We are back on track now and rebuilding our lives I was out of work for a few weeks and inevitably have fallen behind on a few things. One being council tax, I missed 2 payments totally £84.44. I'm sure I spoke to them on the phone at the time and told them what had happened and that I was struggling i have received a 'south East Surrey Petty Sessional Division Summons for non-payment of council tax' - the summons requires me to attended a local magistrates on 12 December at 9.30AM and includes court costs of £50.00. Any advice would be extremely well accepeted!
  4. Rent pressure zones READ MORE HERE: https://beta.gov.scot/policies/private-renting/rent-pressure-zones/ Please note this only affects 'Private Residential Tenancies' in Scotland Only Rent Pressure Zone Checker: https://www.mygov.scot/rent-pressure-zone-checker/
  5. Name of the Claimant Lowell solicitors Date of issue 06/03/17 date to acknowledge) = 25/03/17 date to submit defence = 9/04/17 What is the claim for 1.Failed to maintain the require payments and default notice was served and no complied with. The agreement was later assigned to claimant on 25/092014 What is the value of the claim £822.27 original debt capital one(£640.99) Is the claim for - credit card When did you enter into the original agreement before or after 2007/ after 2007 05/09/2012 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.lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? I received Notice of assignment 14 day befor court date 12/09/17.It's a reconstituted copy.its dated 10/10/14 not seen before Did you receive a Default Notice from the original creditor? yes on 12/09/17 14 days before court (although dated 08/09/13) not seen before Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year no but moved house twice Why did you cease payments? financial difficulties What was the date of your last payment? 11/06/13 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? no I have done CPR 31.14 to both lowell and capital one sent 08/03/17 I have done section 77-79 to both capital one and lowell 08/03/17 CCA sent to me on 29/03/17 after a letter dated 20/03/17 from capital one that they couldn't help me as address they had on record did not match the address on my letter. Lowell wrote to me on 20/03/17 stating that they enclosed a copy of their client Lowell portfolio 1 ltd informing you of there intentions with regards to your account and to treat that as notice of assignment. Those letters were dated 11/02/17 I have a couple of questions 1) Notice of assignment The letter date 11/02/17 regarding treating that as NOA can they do that? as they have not put it with evidence for court. The NOa that they have submitted with court papers I have never seen before they say it was sent by regular post. It has my current address on it an address that capital One admitted they didnt have on record until March 2017 NOA IS dated 10/10/14. It is also signed by Micheal Woodburn who I believe left Capital one in February 2014. As I have said Lowell saying reconstituted copy. yet claim NOA sent in 2014 why can they not produce the original? I believe the reconstituted copy is in fact a template that Lowell just copy. It's not on headed paper, there no address on it regarding its from from capital one. 2) Lowell solicitor (paralegal) hasn't signed her witness statement she has printed name but no signature. (all other paperwork has been signed any advice i have 10 days before court
  6. Feel its not far off , sickening, especially when its being used to manage essentials https://www.theguardian.com/business/2017/sep/18/britain-debt-timebomb-fca-chief-crisis
  7. Feel its not far off , sickening, especially when its being used to manage essentials https://www.theguardian.com/business/2017/sep/18/britain-debt-timebomb-fca-chief-crisis
  8. 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 :-(:-(:-(
  9. Say they haven't increased their prices since 2013 and have lost nearly 400,000 customers which meant they posted a loss on their consumer business this last quarter ! I wonder why !! Read more: http://www.msn.com/en-gb/money/personalfinance/british-gas-announces-major-hike-in-energy-prices-leaving-millions-of-customers-paying-more/ar-AAperr7?li=AA54rU&ocid=ientp
  10. Had this sent to me by my disability advisor.... http://surveys.parkinsons.org.uk/s/bigbenefitssurvey/
  11. Armed Forces (Flexible Working) Bill 2017 READ MORE HERE: https://www.gov.uk/government/collections/armed-forces-flexible-working-bill-2017
  12. The first newsletter for 2017 will be posted here tomorrow. It is currently being sent to those who subscribe via email. Unfortunately, there is an error in one of the articles. New Car Tax Rules from April 2017 1st April 2014 will see changes to Vehicle Excise Duty. This will be based on the Vehicles emissions and list price. There is a 3 tier band with zero emission vehicles exempt from VED. This should read 1st April 2017 will see changes to Vehicle Excise Duty.
  13. Statutory intervention in Wellhouse Housing Association - June 2017 Can be downloaded here: https://www.scottishhousingregulator.gov.uk/publications/statutory-intervention-wellhouse-housing-association-june-2017
  14. Veterans Gateway went live on 3rd April 2017 READ MORE HERE: https://www.veteransgateway.org.uk/
  15. Blemain changed its name about a year ago its now called Together Finance the address is Lake View, Lakeside, Cheadle, Cheshire SK8 3GW.
  16. http://www.msn.com/en-gb/money/technology/roaming-charges-in-europe-officially-scrapped-from-today-%E2%80%93-all-you-need-to-know-about-using-your-phone-overseas/ar-BBCH3sE?li=AA9SkIr&ocid=ientp However, all is not as it seems... Do read the article linked above because there are still places that you will be charged and quite heavily for staying in contact whilst you are abroad.
  17. Prince Harry unveils the UK team for the Invictus Games 2017 READ MORE HERE: https://www.gov.uk/government/news/prince-harry-unveils-the-uk-team-for-the-invictus-games-2017
  18. Hi, My brother is being summonsed to appear at Magistrates Court in June for not sending his two kids to school regularly. The School count the attendants twice a day and they are claiming that out of 154 possible attendances only 130 were attended which works out to 12 days (154 - 130 = 24 / 2 = 12 For each of the days, the council demanded a penalty fee of which was not paid as i advised my brother that they had no legal bases within the Education Act 1996 to charge such fees. Out of the 12 unattended days of which penalty notices were issued the council later withdraw them and sent a letter to my brother stating that after reviewing the evidence submitted by my brother that the penalty notices should not have been issued. The school had to be closed for a total of 5 days due to mice infestation in the schools kitchen. now my brother is stating that on both times of the school being closed a day or so before his kids were not well "being sick" 1st time for 4 days and the second time for 1 day (30 Nov and 13th Jan) the school was closed. they said the schools closure is not included in the attendance rating. they claim that the attendance level was 84% The council are saying that if they win the case, they are going to be asking for costs. The case is being tried under 444(1) of the Education Act 1996 http://www.legislation.gov.uk/ukpga/1996/56/section/444
  19. 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
  20. This has been kept pretty quiet, hasn't it?) Based on vehicle emissions there is a 3 tier band with the zero emissions paying nothing and the highest paying... lots! https://www.saga.co.uk/magazine/motoring/cars/using/2016/ved-car-tax-changes-2017
  21. Diamond Shortbreak Holidays READ MORE HERE: https://abta.com/news-and-views/news/diamond-shortbreak-holidays
  22. ABTA Data security incident March 2017 READ MORE HERE: https://abta.com/news-and-views/news/data-security-incident-march-2017
  23. READ MORE HERE: https://www.gov.uk/government/news/veterans-uk-customer-satisfaction-survey-2017
  24. Issue Date: 21/02/2017 Claimant: PRA Group Solicitor: Surjit Gida (Legal Rep) Original Creditor: MBNA Particulars of Claim: 1.On 11/06/02 the defendant entered into an agreement with NBNA for a credit card under reference: xxxxxxxxxxxxxxxx. 2.On 31/05/10 the defendant defaulted on the agreement with an outstanding balance of 6895.76. 3.On 29/02/2012 the debt of 6895.76 assigned the debt to PRA Group (UK) on 31/12/2014. Notices of assignment were sent to to the defendant in accordance with S136 Law of Property Act 1925. 4.Payments of 54.00 received up to 13/09/2016. 5.The claimant claims (1) the sum of 6838.76. (2) Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from 13/09/2016 to 20/02/2017, 239.63 Daily rate of 1.50 until judgment or sooner payment. The Claimant claims the sum of 7078.00 for debt and interest. Is the debt Statute Barred: No Info: My mother over the phone registered for a credit card, there was no signing of an agreement. In 2009 her husband, my father developed cancer while working abroad. He carried two thirds of their house hold income. Finances grew increasingly as time went on. I assist as much as possible. All other banks when informed of the situation froze their accounts and worked on a solution. MBNA differed and instead raised interest rates. In May 2010 She defaulted once again. On 04/06/2010 MBNA sent her a letter stipulating her balance was 6905.76 and in order to remedy the breach she must pay £1082.13 by 22 June 2010 (I have this letter). On the 30th My father died at home with my mother, she had no ability to pay. On the 30th she also received a letter from Experto Credite stating Varde Investments (Ireland) has bought the interest of MBNA including the outstanding balance. Thus the legal owner of the account. Under the terms of this assignment Experto Credite had been appointed to recover any and all debt. (I have this letter). She replied after numerous calls and letters on the 14th august 2010 (I have this letter copy), apologising and stating the situation she is in, and her inability to pay the sums owed and how she was treated by MBNA. Eventually finances were looked on and a plea bargain was made whereby my mother and Credite Experto agreed she paid £1 per month (Amazing), from the 20/05/2011 via standing order to an assigned bank account. At the end it states "If your payments stop at any time without us agreeing, the full amount will become payable immediately. (I have this letter). She has paid this every month without fail. This never stopped them from harassing her with letters saying she has monies outstanding, but each time she referred to the agreement and never stopped paying. On the 26/04/2012 a letter was received by Aktiv Kapital stating they have purchased the account from Varde Investments. With an outstanding balance of £6,893.76. They have stated they have been advised of a payment arrangement set up with Experto Credite. And although they own the account, "you should still continue to make your payments to Experto Credite" "Experto Credite will advise us of all the payments you make so we can keep your account up to date" (I have this letter) On the 16/05/2012 Experto Credite sends a statement of account as required by the CCA 1974, stating the assigned balance is £6905.76 (This is the exact original amount stated by NBNA in 2010), paid £13... (£1 every month from since agreement) and the current balance is £6892.76. She continues to pay and receives letters of settlement offers she can't afford but no statements from Experto Credite ever again (I have several examples of offers). She next receives a letter of statement Undated for 13/01/2014-12/01/2015 as requires by CCA. Giving a opening balance on 13/01/2014 of 6873.76 and the closing balance on 12/01/2015 of £6860.76. On the letter it also states Aktiv Kapital (UK) limited changed its name to PRA Group (UK). Then saying they have been assigned the account from Aktiv Kapital. "You do not need to do anything as a result of this change. We will continue to accept payments in the name of Aktiv Kapital, So no changes of payment are needed". (I have this letter) On the 16/01/2015 a letter was received from PRA to inform that the account was assigned to them, re-stating that their name had changed. Also saying "Your existing payment arrangements are not affected by this transfer and do not need to make any changes" (I have this letter). Of course still letter are still sent saying an outstanding amount, offers which she still can't afford and calls about her balance. Her replies over the phone stay the same and she keeps paying. On the 25/01/2016 PRA sends another statement saying her opening balance on 26/01/2015 is £6860.76 payments received 12.00. Closing balance on 25/01/2016 is £6848.76. Of course the calls keep coming and she keeps to the same script. On the 03/01/2017 PRA Group sends a letter to inform her that her account has been transferred to the investigations and litigation department. Saying its a letter before claim as required by Practice Direction on Pre-Action Protocols, for intention of court proceedings. She calls them up and informs them of the agreement to which they say they haven't been sent payment.... She checks every month without fault and her last payments at the end of the year show payments go through... . She argues and yes calls them a liar. don't say why or give a reason for not getting payment. On the 05/01/2017 she gets another statement from PRA Group saying they have payments received of £11.00... . So she goes back to her last statement and sees payments are being made, to the agreed. Her statements come after the 9th of every month and is actually stated on her statements... . So she couldn't check her Dec-Jan Statement. She goes with the premise that as usual they are calling to force a new agreement or get something. She gets one more letter from PRA stating again its with the Investigations Department... . Then on the21 /02/2017 she is sent a County Court Claim Form. She still only has her house to her name and zero finance ability. So she contacts me and I look into what I can but I am no lawyer... I discover Experto Credite is now under Liquidation and her Dec-Jan Statement provides a refund of that £1.00 on ironically the 4th of Jan.... One day after???! Being informed its under a investigation and litigation department.... expert credite website shows their liquidation info. This has gone way over my legal knowledge but surely PRA was responsible for informing my mother that the company was under liquidation.. . Or that they weren't paying. .. To investigate this third party who was being paid.. .. The totals from the statements also don't match up to the statement in the claim.. .. 54 is not correct that's even less. She has only missed 1 payment because it was refunded; she wasn't informed at all of anything. This can't be fair or legal. And the Claimant in their statement has completely ignored the fact there is a payment plan in effect, that they have acknowledged this plan, stated nothing will change..... I am lost in how to put a defence down, as its unfair, even though there is no signed agreement which doesn't matter anyway apparently CCA 2006, she has always paid it. any help, identifying legislation, OFT guideline, code of practice or just how to act would be appreciated. I am getting in touch with a financial Ombudsman, Citizen Advice, then gaining statements for every single month to prove payments if it matters, I have copies of all these letters. But pretty sure in a defence you can only have like 200 characters??. And defence on what grounds.... I am truly thankful for any and all help, Wayne
  25. READ MORE HERE: http://ee.co.uk/help/mobile-and-home-connections/broadband-gallery-mobile-broadband/email/email-closure
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