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  1. Hi, just had this arrive over the weekend In order for us to help you we require the following information:- Name of the Claimant ? Hoist Finance UK Holdings Date of issue – 19th Feb 2019 Particulars of Claim 1. The claim is for the sum of £5xxx.xx in respect of monies owing under an agreement with the account number: 12345 pursuant to the consumer credit act 1974 (CCA). 2.The debt was legally assigned by Hoist Portfolio Holding (EX Aqua) to the claimant and notice has been served. 3.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA The claimant claims 1. The sum of £5xxx.xx 2. costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A What is the total value of the claim? £5xxx.xx Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? After Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Down turn in business What was the date of your last payment? Mid 2018 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? Was in DMP but had trouble with them. Thanks
  2. Hi Guys, I had a Mr Lender loan a good while back, for only £184. I believe it was nearly statue barred. (Screenshot of noddle report attached) However, yesterday I received from ‘Moriarty Law’ (also attached) and today a County Court Claim form (this is also attached). I’m unsure how to proceed and would really apreaciate the groups advice. Many thanks.
  3. My sister has been refused benefits because they think - erroneously - she is earning 130 a week, when in fact she hasn't worked since January. They said they based their decision on her tax return (actress, self-employed). When she asks, that's all they say. She needs to see their detailed calculations and what in the tax return they used to arrive at this wrong conclusion. Can we ask for that? Thanks.
  4. Hi all, Back in May, I ordered some fabric from an online store (Tissens) in France which never arrived - the tracking info said there was an issue with the address being incomplete. I contacted Tissens' customer support at the beginning of June and they responded saying they would investigate and asked me to confirm my delivery address. I did this and heard nothing back for a further 6 weeks. When I chased it up, they eventually responded to say the shipment had been returned to them, and that if I wanted it shipped out again I would need to pay 14.5EUR. I asked for them to confirm the delivery address on the shipment, as I had ordered from them before with no issues and my details were all saved on an account with them. A further week went by with no response, so I checked the invoice and found it had the correct address, meaning the problem was at their end. I finally lost my patience and wrote: He responded that day saying he would speak to his manager and get back to me. A week went by, so I chased up for a response. A further week went by, so I asked for a response again. A further week went by, so I have (today) chased up again to say I need a response by COB tomorrow or I will take things further. I just want them to post me the fabric I ordered, as they are the only company worldwide who supply it. I'm not sure whether I can still reverse the transaction, but if I do I'm nervous that I will be black-listed and never be able to place another order. What can I do?
  5. Hi All, Received a county court northampton form for lowell. An o2 contract. I've asked for proof of this from lowell and as it was taken out online, there isnt much they can prove. They said they have requested statements but these will show blank. Contract was not used, only the phone (which they eventually blacklisted) If i'm honest I lived at the address for a month and have no link to it, which was where the contract was set up and sent to. Can I disagree with the claim and ask them to prove it was me who took out the contract? If not, what can I do? Thanks,
  6. Hi Just looking for some advice on this one please. We flew to Hong Kong stopping over in Dubai for 2 hours before connecting onwards to HK. Our flight was delayed in landing due to fog. We landed at 9.26 and our flight was due to leave at 9:55 When we landed, there was emirates staff fast tracking people flying to Auckland and Melbourne through the gates. Upon research today, both these flights were scheduled to leave at 10:10 We proceeded to the gate to find the gate closed and deserted and thought the plane had left. Upon further research, the plane took off at 11:01 We went to customer support and there was 8 in our party. 2 had travelled business and we were economy. We were told economy was full but there was space in business but would cost us £1200 to upgrade. This was on a flight at 7:10 that evening. We said no as we were all travelling together and some couldnt afford it we ended up all flying out on the 3:15 am flight. This resulted in us arriving in Hong Kong, 27 hours late. We also had prepaid for our hotel and missed out on 4 rooms at £180 per night for the rooms. My questions are 1. Do we have any for of monetary claim for the late arrival 2. Should Emirates have out is in business class anyway, irrelevant of us having to pay as we were the first ones chasing the space. 3. Can we claim for the lost hotel cost that we had already incurred. Many thanks
  7. I wonder if someone could advise please. I called on 5.1.16. for a DLA application for my child. I completed the application by downloading the form. My child who requires day and night care. He was awarded personal middle rate care and low rate mobility. The first payment was the date they received the application - not the date when I phoned i.e. 5.1.16. and I did enclose the page they sent which stated I called on 5.1.16. and it had to be back by mid February. I have called DLA and said that they have not taken into account the night time care my child needs. He is up twice a night for around 15-20 mins and sometimes has to sleep in my bed. DLA said that they 'thought' he only got up 4 times a week during the night for the toilet. I said it was clearly stated that every night he has nightmares and I have to get out of my bed to attend to him. They said they hadn't read that - it is clearly stated. I also said that even though I downloaded the application, the award started from the date they received it. They said the it was because I used the download form - even though I attached the paper page version of the date I applied. So it went to a mandatory. They wrote back and said that there was not enough medical evidence about the night time care enclosed with the application (I sent my GP's letter) - they have not contacted my GP. Now I've had my mandatory, if I'm not happy I have to go to appeal. This is unfair as if they had doubt about night time care, then they could have written to my GP. Is there anything else I can do about this instead of going to appeal as clearly they have not read the application properly and now I've 'spent' my mandatory. Also can someone advise me about when the DLA should have started. Many thanks. BTW I wanted the paper version for the Notes as I haven't got the money to keep paying to top up my ink on my printer.
  8. Please help me? I have just received an N1SDT Claim Form Its for a credit card that I defaulted on in 2009 In Feb 2010 I wrote to company and explained I was in financial difficulty and offered a £1 per month I then applied for CCA in March 2010, an SAR in March and a letter titled "Request pursuant to Civil Procedure Rules" in April 2010 Then silence Ive since seen the debt has been passed through form various debt companies who have all tried to get debt repaid Yesterday I opened post to find these court papers Following the last letter I sent in 2010 requesting the information under the Civil Procedure rules I received nothing from them How or what do I do next I don't have an income except tax credits, yes I do have a mortgage - which I am not behind in paying, and I don't have £11K to be able to write a cheque, I have zero I was a single parent, I now have a partner and we co-habit. He is a retired service man on a pension. Can they chase him for my debt - of which he knows nothing about it? I also have two children - 26 and 18, living at home Sorry for so many questions
  9. Name of the Claimant ? PRA Group (UK) Ltd Date of issue – . 20th July 2016 What is the claim for – The Claimant claims the sum of £4500 for debt and interest. On 1/06/2004 the defendant entered into an agreement with Lloyds for a CC under ref No. XXXXXX On 20/06/2010 the defendant defaulted on the agreement with an outstanding balance of £3850. On 30/5/2014 the debt of £3805 was assigned to Aktiv Kapital Portfolio who itself assigned the debt to PRA Group (UK) on 21/12/14. Notices of assignment were sent to the defendant in accordance with a 136 Law of Property Act 1925 and the Claimant Claims 1. The sum of £3805 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per year from 30/05/2014 to 19/07/16 - xxxxx and thereafter at a daily rate of £1.09 until judgement or sooner payment What is the value of the claim? £4500 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 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. Assigned to Aktiv Kapital Portfolio who assigned debt to PRA Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Don't think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so?? Why did you cease payments? Lack of work What was the date of your last payment? Defaulted in 2010, but then was paying £1 for a few years, then ceased this about a year ago Was there a dispute with the original creditor that remains unresolved? Don't think so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes I wrote to them in 2010, and offered them the £1 per month Ok, please can you help me with what to do next 1. / I need to acknowledge the Claim Form - haven't done this yet and intend to defend all of the Claim???? 2. Who do I send off a CCA request to? as none of the above mentioned where who I originally had the Credit Card with? 3. Am I to send off a CPR 31:14 to PRA? Back in 2009 I had instructed a company called "Credit Issues" to help me and they failed to obtain a copy of my CCA, I had huge problems with "Credit Issues" and sacked them in the end because they were all talk and no do. Your help and advice would be hugely appreciated with these Court Papers
  10. I received a letter yesterday with the following wording: We're reviewing your benefits and circumstances You must come to an office interview. Dear Miss --------- We need to talk to you about some changes that may affect your benefits payments. You must be available for this interview and have all the information listed on page 1 and 2 with you. It asks me to bring something proving who I am which the bank statements will do. It asks to bring my latest bank statements. I saw at the bottom it has a code FESL2T which many people on other forums has said is from the fraud department. My circumstances haven't changed I have sever anxiety and agoraphobia and I receive ESA and am in the work related activity group. I share a bank account with my sister purely because we both don't handle money well and it's easier to manage the money if it's all in one account. It's been this way for the whole time I've been on benefits and nothing has ever flagged before. I also got a personal loan and wondered if maybe that could have flagged. I literally don't talk to a single person, I'm scared of people and have no friends so I don't know anyone that would report me unless my adviser said something. Please help, I can't sleep at all and the interview isn't until the 3rd of January. I'm worrying myself sick.
  11. I received the N1SDT from Cabot/Mortimer Clarke as I have been working away so only saw it yesterday morning, I have already Acknowledged it via MCOL I chose the option Intend to defend all. the Particulars of Claim as follows:- By an agreement between LTSB & defendant on or around 15/10/1998 ('the Agreement') LTSB agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payments due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 3830.31 At the total cost Amount Claimed 3830.31 Court Fee 185.00 Legal Rep Fee 80.00 Total 4095.31 My question at present is as there are no account numbers on the form What should I put on a CCA in the Account number Reference to Cabot. Also sending CPR31:14 to Mortimer Clarke To clarify I do accept I had a card through Ltsb and also have been a bit of an ostrich in the past, due to various reasons I also have not been good with repayments since Jan 2015
  12. I have just received a court summons with three options and need a little advise on how to act. On the morning in question I was in a carriage on the Thameslink service from Bedford to Brighton along with 7 people and two kids. We were asked to provide tickets by an inspector which I did so. The inspector took my rail wallet which included my work ID to access my building and previously purchased tickets. I asked for my wallet back to which he refused. He talked to two other passengers before speaking with me and ignored a woman and two kids opposite which I thought was strange. He then asked for my name and address. I questioned this to which he replied that I was in first class. I said I wasn't aware I was and asked for my wallet back. He refused to which I asked if we could resolve the matter at St Pancras as I was very embarrassed and still wasn't sure he was correct. He agreed. When i arrived at St Pancras I waited with an assistant and explained what had happened. After two calls and a search of the platform it was clear the inspector never exited the train. I waited 45 minutes while various members of staff tried to contact the inspector but all failed. I then was cautioned at work for failing to provide my ID that morning. I returned that evening to be told that no one could help and was best if I go to Luton to speak to the shift manager. I was given a free pass to get me there. Once there I was advised to purchase another season ticket and given an address to write to in order to receive my work ID and train tickets. He also informed me that he had spoken to the member of staff and that he thought I was getting off at Farringdon. My belongings were returned by kings cross prosecution department two weeks later. The inspectors statement says I walked away from him. This is not true. He also states that he was asked to meet at city Thameslnk. This is not true. What am I to do? Any advice would be welcome. I know its a bit long winded but I will seek legal advise if all else fails. Thanks for all your help in advance.
  13. I took a loan with Lloyds some years ago and the debt was passed to Lowell last year or so. They have been sending me letters I received court papers early December. I acknowledged them and spoke to them a couple of days ago as over Xmas I received a letter saying they would go for judgement if I didnt respond or pay by 6.1.16. I managed to get through to them yesterday after trying since Saturday. I was inclined to pay all the money ( with a loan from family ) as I have managed to clean up my credit file last couple years and dont want a CCJ. They said I could make an arragement to pay monthly and they would not get judgement. Is this true?
  14. Firstly, apologies for the long winded detail - I posted this on another website but as I am seeking expertise thought it be good to post on these knowledge boards too I received a Claim Form this morning in relation to BlackHorse via Lowell / Bryan Carter. Firstly, I have not at any point acknowledged the debt. Secondly, I know this is probably not valid - but the default date was issued by BlackHorse. Lowell / Bryan Carter have 'lied'? on the claim form in relation to a default date they issued. My belief is that this is not possible, right? Thirdly, I have never engaged with the DCA nor Carters until I sent a letter in March in response to their claim - my stance at that point was Section 5 of the limitation act (which in hindsight was a little presumptuous). I effectively got a response from this stating they were investigating but believed the debt to not be statute barred. I'm guessing they are right but surely point 2 above has some substance as it is a false statement?? Fourthly, I haven't requested (maybe I should) an original copy of the agreement - is this something I should pursue? I guess more importantly - any prescribed actions that anyone can recommend I will undertake. I intend to extend via online Moneyclaim to allow me 28 days. IMO seems the debt is enforceable IF the dates of default issue is not valid - if that is a no-go, should - where should I be directing this? I will repost what I posted on MSE for the background below: "Black Horse agreement. The car was handed back. The amount Black Horse requested to settle after they auctioned the car was in dispute and never resolved. Black Horse issued and then applied a default notice to my credit file dated XX/XX/2010. The debt was then sold to Lowell. The Blackhorse default notice disappeared from my credit file. All quiet until 2013 - Lowell slap a marker on my credit file for the disputed amount with Blackhorse. I do not enter into communication with them whatsoever. It trundles along and nothing..........until recently. I received a letter from Bryan Carters who are "acting" on behalf of Lowells. Being a little presumptuous, I decided to engage and requested 'they prove it' and additionally I questioned validity from a statute barred standpoint. I received a response which effectively stated they would enquire with 'their client aka Lowells'. The trail went dead (not really surprised). This morning I have received a Claim Form with the claimant as Lowells with reference to Bryan Carter as documentation and payment reference below the claimant details. My belief that the debt was/is statute barred is IMO incorrect... ..I don't dispute that 'an amount' was owed to Black Horse (original creditor) but it was not the amount they claimed and they failed to respond to my requests to rectify or discuss. This is why this situation has arisen. Questions: 1. Firstly I have just reviewed both the court form and my credit report both of which state a default date of XX/XX/11 by Lowells. Remember that Black Horse had already issued a default XX/XX/2010. My belief is that a default date cannot be changed once a creditor has issued and even if the debt has been sold - am I right? Does this simple fact give me an angle? 2. I have never received an original copy of my agreement as per request to Bryan Carter acting on behalf of Lowells Is this not another angle for attack? 3. Putting aside the above points, what other angles are available to me? I intend to defend fully but wanted to see if the DCA has tripped the whole proceedings up before we have even got started?" Any advice appreciated.
  15. Earlier this month I relieved a notice of claim letter from a group called BW legal acting on behalf of Lowell portfolio for a catalogue debt from around 2010. I promptly sent a CCA request. Not because I did not want to repay, the debts mine and I work but my finances are a mess but I'm working hard to correct past mistakes and I wanted to negotiate a repayment on my terms that I could afford and not be harassed or bullied into something I could not afford. Now these court papers have arrived I'm out of my depth and don't know what I should do. Please please can someone help me. I will upload a PDF of the original claim letter and the court papers now. Please can someone who knows what yo do advise me.
  16. Hi Guys, Hope someone can help me with this one. CAB were not much use. I purchased a used Heat Press from a guy in Scotland (i am in England). I asked the questions i needed answering , does the thing do what it's supposed to do. He emailed saying yes it was in perfect worker order. I bought it, it arrived next day, plugged it in and......no heat. I informed the guy straight away and he said he would sort it. I said a repair (at his cost) was exceptable or a refund. He then contacted the manufacturer and emailed a mail saying it was "all sorted" with the company to send it to them and he would cover the cost. Luckily, i didn't send it. I emailed the company and asked what the guy had "sorted" with them and they said just the £25 shipping charge to collect from me and drop to them ! I emailed the guy back and said this wasn't exceptable to me and could i have a refund or repair. No, he decided to claim off the courier despite not having purchased additional insurance. They said no and offered standard £20 compensation which he then said he had paid into my paypal account - he never did. I again said this was unacceptable and would accept a repair (at his cost) or a refund. A lot more waffle went under the bridge but the crux of it is , he won't refund or repair. How do i stand on this ? I made sure i asked the questions BEFORE i bought it. Surely i can't be held responsible for the damage when the item never worked at all. Any help appreciated as i want to file a small claim if i have the right to Cheers
  17. Hi all, Received a PCN today from Parking Eye as l am the registered keeper of our family car which was photographed entering a doctors car park ( Private land ) and leaving again about 15 mins later. The problem here is the vehicle was used to drop an elderly person of at the doctors ( who had that morning suffered a bad angina attack and needed to dropped off at the doctors door ) and then the vehicle went back about 15 mins later to pick the elderly person up again. The point here being that the vehicle did not park up in the doctors carpark for 15 mins but returned back, but the photos show the vehicle entering on its first journey in and then leaving after its second journey back into the carpark after picking up. Help and advice needed please as in the past ( 3 yrs ago ) l have had PCN's before and ignored them and nothing became of them. Do l ignore this one or dispute the fact with Parking Eye that the vehicle didn't park up and that their camera didn't photograph the vehicle leaving the first time and re-entering the second time ? I was not the driver by the way. The date of issue of the PCN was about 6 days ago. They're wanting £60 if paid within the next 14 days etc . Don't know which way to go with this one. Any help much appreciated. Thanks in advance.
  18. Please help. I had a parking fine a few months ago, I had been made redundant( I am now working ), I completely forgot. I have a son who is in and out of hospital and a few health problems myself. I came home last week to an anxious son holding an envelope with 'DO NOT IGNORE' clearly visable in the window , it was a letter telling me that I now owed £450. I wote to the bailiffs company stating that due to my circumstances I considered myself a 'vulnerable debtor' and therfore they should have all further communication in writing and asked for the parking fine to be returned to the council so that I could pay it direct. I received a reply ignoring the vulnerable debtor bit, asking for £10 for the breakdown of charges and telling me to communicate direct with the bailiff. This morning there was a loud knock on the door and it was the bailiff telling me that he knew nothing about the letter and that he was charging me £54 for the visit. Please can anyone advise me? I am frightened to have any friends otr the kids friends round in case he comes back, please help
  19. Hi Guys Could I have some advice please for a claim form that arrived dated 17th Dec? It's for an old credit card with Monument that has been assigned to JC International Acquisitions LLC (whoever they are) it seems early 2011. It has done it's rounds with several DCAs and more recently to LCR who have offered discounts of 60% and 50% and because I have not taken the bait a claim form! I have previously refrained from claiming PPI miss-selling on the account on the grounds of letting sleeping dogs lie. I know I must acknowledge the claim but where could the PPI claim come in to play?
  20. Hi , We have been issued with a window ticket in a free car park of an entertainment complex with lots of restaurant's etc as we where ," observed leaving site". We did leave for 30 minutes on arrival but returned to visit the arcades . I am wondering do we appeal now or do we wait until they make contact with us. I have read several posts on here, but still not sure of the correct protocol for this . The husband is out taking a photo of the signage now to see if that will aid our appeal. Also if someone watched us walk away, would they have been permitted to take a video/photo to support their ticket? or does it come down to their word against ours? and finally how do I go about finding out who owns the land that UKCPS work for?. Please feel free to point me in the direction of a past post that may cover all my questions. Thanks for your help in this matter
  21. In October last year I apparently over stayed my welcome in what I thought was a freecarpark, that's what it says on the way in. In the post came the parking charge notice which I have ignored, then I received what I thought was the red reminder about a month late, but on closer inspection it was from another company about another pcn. Well with that one I had no initial notification. Now I have had the next letters demanding payment or further action. Please can someone help me with what to do. I find some of the threads confusing so I thought I should start my own.
  22. I'm sorry I'm not sure where to post this - I've arrived home to a letter 'Judgment for Claimant' N30. Claimant is Marlin Europe with the name and address of a solicitors. How do I find out what this relates to? Who should I call to speak to? It says I must pay '£xxxx forthwith'.. I just don't know what to do or who to speak to!
  23. Hi everyone, I've bought a pair of headlamp bulbs, but only one was in the packaging when it arrived. The packaging hadn't been tampered with and it looked like initially, only one was packed. Despite 3 emails in the last week, the online retailer is not answering my calls or emails. What can I do about this? Any help will be appreciated. Paul.
  24. Hi, I am hoping for guidance or help in starting to fill the ESA50 form out. But I have three problems, my main consultant is on holiday for two weeks, my welfare advisor has a signed mandate to contact my Consultant ( my current GO knows little about me - just issues prescriptions) and finally I am supposed to go on holiday to my sister at her caravan on Isle of wight for next 2 weeks. The form has to be sent back by 28th Sept and I do not come home until 21st Sept - my sister feels there is no point staying at home worrying when my hospital consultant is also away. My disability / illness has a stigma & discrimination associated with it so reluctant to mention it on here but I don't know how to start filling in the ESA50 now then emailing it to my welfare rights specialist. The timing is just bad and I am sick with worry. I am from London but moved to Glasgow in 2004 after being forced out of work due to ill health. Any guidance would be appreciated. THANK YOU IB migration to ESA
  25. Hi All, First post so Hello to all. I have ( had ) an Egg account that I opened in 2003. In 2008/2009, I had financial difficulties and all creditor apart from Egg played ball and accepted F+F offers. Reading this forum it seems this is the norm. Egg accepted my token payments of £1 pm as advised by the CCCS. At some point, Egg decided my £1 wasnt enough and told me they were going to pass on my debt. Im not sure exactly how or when that happened. ..Im getting old and my memory isnt what it was and also, I cant find some of my original paperwork. To cut a long story short, I stopped paying Egg and heard nothing. Fast forward to today when I receive a letter from Apex stating that as requested they have attached a copy of my original agreement from Egg and are asking me to ring them to arrange payment. Whilst I have no intention of ringing them, Im confused as to why I got sent the letter in the first place along with the copy of my agreement. Perhaps they realise I would have asked for it and decided to save time! So my questions are, What do I do from here? and what would normally be accepted by companies such as these if a F+F offer is to be made. Many thanks in advance. jeff.
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