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Found 13 results

  1. Hi, I've received a County Court Business Centre claim from Mortimer and Clarke on behalf of Cabot. The description of what they're claiming is so very vauge and doesn't even mention an account number or any reference at all. It just states that it is regarding a claim for an amount arising from an agreement with a credit card company a rough date as to when they think an agreement was entered into, a statement that the debt was assigned and then "The claimant therefore claims £xxx costs" . And that is it. I had missed the Letter of Claim I had been sent which, now I've found and opened it, does give some more info. However, obviously I haven't responded to it within the 30 days. So.. in response now to the Court claim, do I ignore the info in the Letter of Claim and proceed as if it didn't exist? In other words, should I request all the lacking information in the court claim from Mortimer & Clarke under CPR 31.14 as I have done previously with an old Cabot claim or is the Letter of Claim part of precedings? Many thanks in advance for any advice.
  2. Help needed on lowells fastrack 14th sept '18. lowells are chasing me for £15,500 for a non secured lloyds loan. i defended a lowell ccj in northampton ccbc via mcol and aos, i have received notice of assignment but not deed of assignment, lowell are going for the jugular and i have had enough, not just of lowell but the depression i am suffering is stopping everything but work and worry. I have redacted copies that will give details of everything and my poorly advised (i think but not sure) fast track response denying debt which I'll upload either in pdf or jpeg format as needed and an other info prior to the upcoming case. needing best advice available on cag in the final stages please. jazz.
  3. Hi All, New to this forum, i have an issue with which i need help. I've tried to convey the situation as best as possible below, please let me know if more detail is required. I was in a debt management plan some years ago which had some unpaid loans. The Debt management company referred their inhouse partner (Priestly crowe) to check for PPI. Being a bit young & dumb i agreed to this and the charges. As the loans were still outstanding, the PPI which was 'claimed' was taken from the debt instead of being paid in a cash sum. I instead owe the money to Priestly Crowe. They were paid on a monthly basis the fee which i owed. Last year (October 2016) my debt management company ceased trading, i dealt with all debtors myself. I sold some belongings to have enough cash to pay everyone what was owed. However i could not get hold of Priestly Crowe. Their contact details had changed and i did not have the new correct ones. Fast forward to about February this year and i received a call from them. I asked them to send our paperwork for money owed so we could get a payment plan sorted. No post or no news. The same happened in April. On Saturday i received post from the CCBC Northampton about a CCJ that had been instructed by Priestly Crowe. I have subsequently settled the payment as i did not want any financial implications to affect my current credit score & status. Seeing how long the CCBC take to do anything, i knew i was on a short time scale to get this processed. I have questions about the process & where i stand: 1) I was told the claim pack had been sent from the court, but i have not received it. They cannot provide me with proof - only that their system shows it was sent on the 12th August. - Do i have any leg to stand to make a claim from Royal Mail? I have lost 3 weeks of time to defend my case & check the facts were all correct - debt & amount owed. Plus to now defer the case would have cost a further £255 for which i would not have been able to claim back, if i was defended correctly. 2) Priestly Crowe LLP - Regulated by the FCA. Should they/did they need to contact me prior to taking this action? Are they obliged to show the court any proof they have attempted to contact me/show i've refused payment prior to getting a CCJ? Or is simply their 'word' enough to get this processed? 3) I have asked for my history/paperwork from Priestly Crowe to check the contract, payments & the amount owed is correct. If it isn't, am i able to process a counter claim for this amount? Small claim court, CCJ . . . etc I hope i have covered all bases here and given enough information. If not, please ask away and i will reply where i can. Thanks in advance, J
  4. Newbie here, Thanks for your site, i've been lurking here for a week or two, so i know a little bit of what you kindly offer. DD got the claim with issue date 17th April solicitors are Moon Beever, Claimant Ist Credit as per attachment She is adamant she has heard nothing from claimants or OC in over 6 years, She thinks it's M & S, she worked there around that time, and staff were pushing cards on each other for commission, and this was not ever supposed to be taken up, the rest as they say... I sent Moon Beever CPR and SB forms WP ditto Ist Credit SAR CCA 1974 and AOS by signed for post 27/4/15 The only response i've received is from 1st Credit and believe it or not it is to acknowledge my request regarding my own business Debt to HSBC lol I've not heard back from the Court so i phoned them, they say they are 10 days behind with acknowledgements... Anything else i should be doing, i have a defence in mind regarding non documents and SB .. thanks in advance.
  5. Hi all, I received a claim form from the Northampton CCBC a couple of days ago, I have already filed an acknowledgement online with MCOL stating my intention to defend in full. Name of claimant: Lowell Portfolio I Ltd Date of issue: 22nd September 2015 What is the claim for: The claim is for £xxx.xx, the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. The debt was assigned to / purchased by Lowell Portfolio I Ltd, on 23/12/2011 and notice served pursuant to the law of property act 1925. Particulars RE- O2 (UK) Ltd A/C No xxxxxxxxxx, And the claimant claims £xxx.xx The claimant also claims statutory interest pursuant to S.69 of the county court act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of £1000 amounting to £58.18. Value of the claim: £xxx + court fee £60 + solicitor's costs £70 total: £xxx The claim was for an O2 mobile phone contract. Original account started: Unknown 2010 maybe? It is not the original creditor who has issued proceedings. I was unaware the debt had been assigned and did not receive notice of this, I have moved more than 5 times in the last 6 years. I can not remember receiving a default notice again this may possibly be due to the number of times I have moved. I have never received a statutory notice headed “Notice of Default sums” since the date of the default to my knowledge. I was unable to continue making payments with the original creditor due to financial difficulties I had at the time, mainly due to being made redundant. There was no dispute with the original creditor. I did not communicate my problems with the original creditor or enter any dmp. Since receiving this I have only acknowledged receipt of the claim form via MCOL online. Is the next step to send a CCA Request letter to the Lowell and a CPR request letter to their Bryan Carter?
  6. Hi All, I'm the owner of a Ltd Company and I have received the dreaded pale blue County Court claim form. Basically, it's Companies House (or at least their representatives, Optima Legal) issuing in respect of £375 of late-filing fees that my company has incurred. I did file my annual return later so there's no question that I owe the money (as hard as that is to swallow, but hey ho). It states the options available which include: 'If you agree with all of the claim and are asking for time to pay" - Complete the admission form N9A and send it to the claimant....... Do not send a copy to the court. Entering an admission may result in judgement being entered against you. My question is this - if I return the form offering to pay over several instalments (say 3 or 4 months) what happens then? Will the claimant still go for a court judgement against me? Or to put it another way, what's to stop them accepting my proposal for staggered payments, but still proceeding with the court case? Thanks in advance.
  7. Hi, we received a form from Northampton CCBC on 9th April, form dated 4th April. Its for a personal unsecured loan with Northern Rock the PoC states The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Northern Rock (Asset Management) Plc dated on or about xx/05/2007 and assigned to the claimant on xx/08/2013 in the sum of xxxx.xx (Over £10k) PARTICULARS a/c no: xxxxxxxxxxxxxxxx DATE ITEM VALUE 10/02/2014 Default Balance xxxx.xx Post Refrl Cr NIL TOTAL: xxxx.xx I'm sending the CCA1974 request to the Claimant Marlin asap I've read in another very similar post that a CPR31.14 is not appropriate as the PoC is too vague. Is there anything else I can do? We're pretty sure this isn't statute barred although it wouldn't be far off. Should I send a SAR to NRAM? The only other point is that we're sure the date of the original contract dated on the PoC is out by a good year. Would that have any bearing? Thanks
  8. Hi I wonder if someone could point me in the right direction. I processed a claim through the CCBC for breach of contract in that fone house had not supplied new phones or the correct type of sim card for me to use the phones "wrong size" .Over 50 emails had been sent back and forth to fone house over an 18 month period, in that time I did not/could not use the mobile phones I eventually cancelled my direct debit leaving six months of contract outstsanding which has now left me with a default on my credit file. I issused a claim against fone house, which I received their defence saying they would defend in full. Its has now been a few weeks since I received their defence and last week I received from CCBC a directions questionaire. 1st question do I enter my local court or the defendents local court on the questionaire. 2nd question anybody know a good consumer law solictor in Leeds "no win no fee" thanks in advance. wae
  9. Name of the Claimant - Lowell Portfolio 1 ltd Date of issue – 4th November 2014 Particulars of Claim – The Claimant's Claim is for the sum of #4xx.xx being monies due from the Defendant to the Claimant under a non-regulated Communications agreement between the Defendant and Vodafone Limited under account number xxxxxxxxx and assigned to the Claimant on 13/01/2010 notice of which has been given to the Defendant. The Defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of #0.xx from the date of assignment of the agreement to 13/01/2011 being an amount of #2x.xx. What is the value of the claim? Nearly £400 without fees, just under £500 inclusive of fees. Is the claim for a current or credit/loan account or mobile phone account? Mobile Phone When did you enter into the original agreement before or after 2007? After 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? No Did you receive a Default Notice from the original creditor? Possibly, not sure (original debt was from 2008) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Definitely NO. Why did you cease payments:- Fell into financial difficulties due to the recession in 2008. 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 managementicon plan? No .................................. Hi all, this is my first post on the forum, I just wanted to say what a great place this is for helping people with all sorts of financial issues. Thank you all. This is an invaluable resource. around the 10th-11th of November I got a claim form from Northampton CCBC for the above claim regarding an old debt for a Vodafone mobile contract that I could no longer afford to pay since I lost my job around summer 2008. I was 3 months into a 24 month contract I am sure that the amount claimed is 100% made up of the remainder of the contract and not actual useage. A default notice was posted on my credit file around December 2008. Since then I have moved around quite a lot and forgot all about it till earlier this month. Moreover, the debt is within a couple of weeks of becoming Statute Barred I am not sure whether a statute barred defenCe is any good here as the claim was made before the debt falls off my credit file. I have been reading on here and many other forums about the timescales to respond to the claim form. I have already Acknowledged the Service of the claim. I am now trying to write my defenCe. Any help here would be appreciated.
  10. Hi, Just signed up looking for some advise on a 4 year old debt that was originally owed to Vanquis. Not going to bore you on the why's and wherefores of how the debt came to be but 2 years ago it was sold onto Cabot financial Services who's letters I have ignored. A few weeks back I received a claimform informing me that Restons Solicitors are taking me to court for the debt on behalf of Cabot Financial Services. I responded to the claim online on the 15th Sept stating I have no recollection of owing any debt to Restons Solicitors or its clients and have asked them to send me copies of signed agreements relating to their claim. I also sent a letter using the templates online to Restons Solicitors enclosing a £1 PO stating I do not acknowledge any debt to them or their clients and for them to send me a copy of original agreement with Vanquis, a full statement of account, a signed copy of assignment to Cabot Financial and any other associated documents within 14 working days of receiving my letter. I received a letter 4 days ago from Northampton CCBC dated for the 15th Septemebr acknowledging receipt of my defence stating the claimant or their solicitor may contact me direct to resolve the matter and if the matter can not be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform me what will happen. It also states that if the claimant has not contacted the court within 28 days of receiving a copy of my defence, the claim will be stayed. If they want to pursue it after that date, they will need to apply to a judge for an order lifting the stay. I have received a letter today dated 24th September from Cabot Financial saying if I want to close the account, they will offer me a 75% discount on the debt (£711.96 payable from £2847.87 which includes all the added charges) and I have 14 days to take them up on the offer. I have not received any of the documentation I requested from either Cabot Financial or Restons solicitors and the 14 day payment offer they have made goes over the time-frame I gave them to supply me with copies of the original documentation. Also the expiry date of their offer is very close to the time they need to inform Northampton CCBC of any further actions they wish to take. They say you should never presume but would I be right in thinking they do not have any copies of original signed documents I requested as surely if they did, they would be sending me them rather than an offer to only pay 25% of the final debt figure? Also should I still contact Restons Solicitors after the 14 days (plus 3 for post) has expired if they have still not sent me any of the information I have requested? Finally if their claim gets "Stayed", what exactly does that mean? All advise will be much appreciated.
  11. Hi, i took out a loan from Lloyds in march 2010, in May 2010 i lost my job, i kept up repayments until september 2010 when my savings ran out. I wrote to Lloyds and told them of this fact i also contacted CCCs (credit councelling service) and drew up a plan to pay my debts and bills i said i would pay a token £5 per month until i was back in employment or my circumstances changed. I recieved a letter from them verifying it and agreeing to it, although it did say the account would be placed with collections dept. I continued to pay £5 per month to Lloyds, over time i recieved several letters (all which i have kept) either some sort of formal notice or a statement of account. In May 2011 i received a notice from Apex that the account has been placed with them for administration and the payments would continue for 6 months. This carried on as before i paid Apex online. I recieved another letter from Apex in Jan 2012 to say my account had been passed from Lloyds to them (just as previous letter) and it would be good for 6 months (i.e the £5 per month arrangement). Throughout all this time my payments would be sporadic, i.e £5 in May. £5 in June, nothing in July, £10 in August. No letters or warnings about anything, its just continued like that until about now. I received a letter from SCM Sols saying if i don't pay the full amount owing within 14 days then they'll take me to court. I did not respond and i now have a court claim. ------------------------------------------------------- Particulars of Claim 1. By a loan agreement in writing & regulated by the Consumer Credit Act 1974, the Claimants agreed to lend monies to the Defendant. 2. The Defendant is indebted to the Claimants in the sum of XXXX.XX in respect of a Personal Loan account numbered xxxxxxxxxxxx and maintained by the Defendant at the Central Loan Proccesing Unit. 3. In breach of the said agreement, the Defendant failed to make payment and on 21/12/10 the Claimants did issue a Default Notice pursuant to section 87 (i) of the consumer credit act 1974. 4. By letter of the 22/02/10, from the Claimants to the Defendant the Claimants demanded repayment of the said sum, but the Defendant has failed to repay the said sum or any of it. 5. In the premises, the Defendant is indebted to the Claimants in the sum of XXXX.XX 6. THE CLAIMANTS THEREFORE CLAIM THE BALANCE DUE UNDER THE LOAN AGREEMENT ********* ------------------------------------------------------------------ Now i've done some reading here, tonight and previously . I've picked up on the fact that my DN dated 21/12/10 may be invalid? --------------------------------------------------- Default Notice (dated 21st December 2010) served under section 87(1) of the consumer credit act 1974. Personal loan account :xxxxxxxxx Current Balance :£XXXX.XX Arrears :£XXX.XX Which part of the agreement have i broken? The terms and conditions of the agreement above provided that you will pay on the monthly repayment date pay £XXX.XX How have i broken the agreement? You have not paid all the monthly repayments on time. There are arrears of £XXX.XX What do i need to do to correct this?ou must pay £XXX.XX by 10th January 2011. What will we do if you do not correct the breach? We will automaticaally terminate our agreement with you. --------------------------------------------------------------- Also i have paid at a rate of £5 per month and i have Lloyds receipts and statements to prove i have paid some of it. I'm thinking i'm looking at a defective DN and an untruth that i havnt paid any of it when i have clearly paid (as receipts show) a nominal amount of £5 per month between any or all dates mentioned, and still have been paying to date. Any advice gratefully recieved as i havnt done anything like this before. I have to respond to the claim, i intend to respond that i disagree with the claim. I'll do some reading as regaards the defective (or possibly) DN, any other thoughts?
  12. First of all I have read a similar thread about this but I thought it best to start a new topic for my experience. Received the letter last Saturday (22nd Feb) it reads: ------- The Claimant's Claim is for the sum of 708.11 being monies due from the Defendant to the Claimant under a non-regulated Communications agreement between the Defendant and Vodafone Limited under account reference ********** and assigned to the Claimant on 31/03/2013 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate 0.35 from the date of assignment of the agreement to the date of issue (17/02/2014) being an amount of 38.88. --------- The history is that I did have an account with Vodafone but I told them verbally that I wanted to end the contract due to poor service signal in my area. I paid the first 3 months prior to this. I can't remember exactly what happened next, I did stop using the phone. They continued to bill me which I just kept ignoring (In Hindsight this was a poor thing to do) So they passed it onto Lowell. I spoke to lowell on one occasion telling them the story above but they didn't seem interested & were demanding money. I ended up putting the phone down on them. They continued to harrass me by phone for the next 11 months, each time I ignored them saying it wasn't me. I was hoping the problem would go away which again in hindsight was a stupid thing to do. So if you were me what would you do? I have absolutely no defence by way of letters, so is it worth defending or not? Thanks in anticipation.
  13. I signed up for a free credit report on checkmyfile and discovered a CCJ against me for £24 from a company that I thought I had dealt with the beginning of last year. It is a boiler servicing company that came to sort out our boiler in the home we rent, and due to communication problems from our letting agent, dates and times were confused, which resulted in cancellation fees being added to the account and I refused to pay this. This company eventually applied for ccj against me on MCOL. I spoke to the person in charge at the boiler company, explained that due to our letting agents not informing us of the time his company was supposed to be repairing the boiler etc, I would not be paying the amounts. Eventually sorted it out with the company that I would only pay the engineer call-out fee of £24. I went online at MCOL and put in my defence the whole story that a 3rd party did not inform us, and that the company and I had come to an agreement that I would pay the outstanding £24 on the 23rd of January 2012. (Next day) this was done. Judgement date was the 26th of January 2012. I rang up the boiler company now to speak to the accountant who I dealt with last year, who confirmed with me that he had received the paperwork, payment etc, and was very apologetic that I basically had a CCJ against me. He has promised to send 1st class letter on headed paper today that I had indeed paid the amount specified before the judgement date and that he considered the matter closed and should not have reached CCJ status. I rang up Northampton CCBC who confirmed that this was ok and that I should send them a copy of the letter. Question: What do I do now when I receive the letter? What forms do I need to complete to have this CCJ struck off my record? Any help greatly appreciated.
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