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Found 2,130 results

  1. My partner finally decided to claim her Capital One credit card PPI. The card was issued in 2003 which was more or less when PPI was introduced I believe with a avg credit amount of £500. About 2 weeks ago she made a the claim using the Capital one/resolver online application. The original card application was completed on the phone and her complained was it was not fully explained to her what PPI was and why she should be accepting. Within a week she received a reply stating she was not eligible fr a PPI due to the following reason: aged 16-64 Employed and paying class 1 NAT INS Living in UK Based on the above we are confident the PPI was not mis-sold !!! They confirm it was sold on a telephone application which they do not have the recording ! How is this confirming that it was not mis-sold ? They have however agreed to just over £1200 as a result of redress scheme which was introduced in 2014 re a high commission rate which is unfair to the consumer under the CCA 1974. Not sure how to work out the PPI as not much statements are available. Given the above info, what would be the best course of action? Thanks in advance
  2. Hi Elderly relative slipped on food produce on supermarket floor. Very bad fall. Immediately other customers came to help and they called over a store assistant to assist. This assistant then put up one of the yellow "danger slippery surface" signs. Relative had the presence of mind to use telephone to photograph what slipped on and the injury. After a while relative managed to get up/ drive home and then go to the doctor. Its a rural quite old-fashioned GP and they told relative to come back if injury gets worse (ie they were very busy and kind of couldn't deal with this type of complaint) 1 month later the bruising has subsided but the injury is still bad; causing problems. A possible fracture? Needs an x-ray to verify. In the meantime relative had been expecting a call from the local branch to check injury ok - but never received any call. So relative instead wrote to the head office of supermarket and complained. The head office replied quite swiftly advising relative to return to the local branch for compensation: which turned out to be a bunch of flowers and a cheque for a nominal (tiny) value. Given relative is elderly and vulnerable I am of the opinion that the flowers/tiny cheque value is a 'fob off'. Lots of elderly would be very happy with such "gifts". But relative is still in pain and may even have a fracture (can update on this after hospital) so I am wondering if we should write and thank them for the flowers and the cheque - but we are considering making an injury claim against them. Is this how it works? See how they reply to such a letter from relative? Or just go straight to a lawyer to handle this issue?
  3. Name the issuing court: Glasgow Sheriff Court Who Is The Claimant: Cabot Financial UK limited Who Are the Solicitors: Nolans What type of action? Simple What is the claim for – On 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd under which the Respondent borrowed money from them repayable on demand. The said agreement was an agreement under the Consumer Credit Act 1974. The date of termination was 31/03/2017. The Respondent failed to pay as agreed on demand and is in breach of contract with the said New Day Ltd and the supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 19/04/2017 and the Claimants have advised Respondent of the same. The last payment to the account was 02/02/2017. The said sum of £1778.81 is the sum sued for. The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent had refused or delayed to do so. Last Date Of Service:- 09/01/2019 Last Date For Response:- 30/01/2019 What Documents are listed in Box E2: Simply states No Defence – No evidence required No stateable Defence (Rule 4.4 breach) – no evidence required Defence on Prescription – Copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required) Is the claim for a Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt : - Credit card BOX D5 what has the claimant state: The Claimants request that the court order the respondant to pay the sum of .£1778.81 from your knowledge: answer the following: 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 - Cabot 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? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so When was you last payment:- 02/02/2017 (according to the form) Hi All, Looking for some guidance and advice please, if possible. Around 5 years ago I took out an Aqua Credit card. Unfortunately, I was unable to keep up the payments and defaulted. The account was sold on to Cabot Financial, and as a result I received a number of letters from a law firm called Nolans (which I ignored) I have now received a Simple Procedure Notice of Claim. Any advice gratefully received. Many thanks, Pete
  4. Name of the Claimant ? Jc international acquisitions Date of issue – 28th November 2018 What is the claim for – the reason they have issued the claim? 1.The claimants claim is for the balance due under an agreement with talk talk limited dated 11/12/2012 Which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. 2.The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so. 3.And the claimant claims the sum of £135.30. The claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £10.82 What is the value of the claim? £221.12 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? The claim is from a house phone/broadband account. When did you enter into the original agreement before or after 2007? After 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 debt purchaser issued by MORIARTY LAW. Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't believe so Did you receive a Default Notice from the original creditor? I don't believe so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware. Why did you cease payments? Not sure What was the date of your last payment? Not sure 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? I don't believe so no.
  5. Hi Folks, Been disputing a debt with Cabot for some time and eventually it has been issued as a claim to which I have responded as per the guidance in the forum. Very helpful thank you. So back in December 2018 I filled out my AOC and then 31CPR and then my Defence. Today I received a letter from Cabot chasing the debt asking me to pay, are they allowed to send me a letter to collect when it has now been escalated to a court case? Where do I stand? Any thoughts, guidance, greatly and warmly received. Thanks.
  6. Hi peeps Lowell have finally sent a claim form for my wife's Vanquis card. Name of the Claimant ? LOWELL PORTOLIO I LTD Date of issue – 03 DEC 2018 Date to acknowledge) = 21 DEC 2018 DAte to submit defence = 4 JAN 2018 [=1 day for emas eve I think only -dx] What is the claim for – . 1. The defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference 4023************ ('the Agreement'). 2. The Defendant failed to maintain the required payments and arrears began to accrue. 3. The Agreement was later assigned to the Claimant on 31/03/2015 and notice given to the Defendant. 4. Despite repeated requests for payment, the sum of £27**.** remains due and outstanding. And the Claimant claims a) The said sum of £27**.** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.613, but limited to one year, being £2**.** c) Costs What is the value of the claim? £32**.** Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Vanquis credit card When did you enter into the original agreement before or after 2007? around 2010 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? Probably Did you receive a Default Notice from the original creditor? I think so but they haven't put that on the particulars of claim^. Credit report shows default date 31/07/2014 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Probably Why did you cease payments? Disputed charges, sent CCA Request to get to the bottom of it, they ignored What was the date of your last payment? December 2013 ish Was there a dispute with the original creditor that remains unresolved? fees Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? no I was going to deal with this in the same way as I successfully dealt with my own Vanquis card on this thread. Vanquis completely ignored the CCA Request for this one back at the beginning of 2014, starting with a CPR 31.14 request to Lowell Solicitors. However, this time Line 2 on the POC doesn't mention the default. Should I change my approach? Thanks
  7. Ok, sorry, its me again Andyorch, Another Northampton Court Paper has arrived Ive attached details below Name of the Claimant ? Cabot Date of issue – . 12th August 2016 What is the claim for – 1.The Claimant claims payment of the overdue balances (set out below) which the Defendant have failed to pay as required under Contracts with the following particulars Acc No XXXXXX Acc No XXXXXX between the Defendant and Lloyds TSB dated on or about Sept 18 1993 and Oct 06 2005 respectively The Contracts were assigned to the Claimant on Nov 02 2012 Particulars - Acc No XXXXXX Acc No XXXXXX 16/07/2016 - Default Balance - £4500.22 16/07/2016 - Default Balance - £9340.55 Post Refri Cr - NIL Total - £13840.77 What is the value of the claim? £13840.77 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? 2 x Credit Cards 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 Cabot and yes they have issued Claim 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 management 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 - I haven't done this yet and intend to defend all of the Claim???? Haven't been able to access MCOL all weekend! 2. I presume I send off another CCA Request to Restons? 3. Send off a CPR 31:14 to Cabot 4. Please can I ask if the 6 year timescale is from when the Debt started in 2010 or when the £1 contributions ended? Your help and advice would be hugely appreciated again with these Court Papers
  8. 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.
  9. Name of the Claimant Lowell Portfolio 1 Ltd Date of issue – 07/01/2019 date to acknowledge 25/01/2019 date to submit defence – 08/02/2019 Particulars of Claim 1.The claim is for the sum of £310, due by the defendant under an agreement regulated by the consumer credit act 1974, for a SD account. An account with reference of …… 2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1)under the consumer credit act 1974. Which has not been complied with. 3.The debt was legally assigned to the claimant on 27.01.2017, notice of which has been given to the defendant. 4.The claim includes statutory interest under s.69 of the county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of the issue of these proceedings the sum of £26 the claimant claims the sum of £340 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?NO What is the total value of the claim? £420 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue 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 to lowell 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? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? redundant What was the date of your last payment? cant remember will see if its on bank statemewnt 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 dmp - Yes and no ….......... received a claim form yesterday, have acknowledged service. just about to do letters to creditor and solicitors will keep you all updated as i go
  10. Hello, I'm in a spot of bother with Erudio. Thought I was being clever/daring etc... by returning their letters over the last five years last week received a claim form through the post, at which point I (sensibly) lost my nerve and found CAG whilst searching the internet for help. Have followed the advice in the small claim thread, filed my AOS (today), and written CCA Request and CPR31.14 to post tomorrow. Details of claim below: Name of the Claimant:Erudio Student Loans Limited C/O Wilmington Trust Date of issue: 21 NOV 2018 Particulars of Claim: 1. The claimant's claim is for monies due from the defendant under the regulated agreement(s) between the defendant and Student Loans Company Limited under master reference xxxxxxxxxxxxxxxx, and assigned to the claimant on 22/11/2013, notice of which has been provided to the defendant. 2. The defendant has failed to make payments in accordance with the terms of the agreement(s) and default notice(s) have been served pursuant to the Consumer Credit Act 1974 3. The claimant claims the sum of £7116 4. The claimant has complied, as far as is necessary, with the Pre-Action Protocol for Debt Claims Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Possibly. However, any post relating to Erudio would have been returned to sender What is the total value of the claim?£7626 (including court fee & costs) Is the claim for - Mortgage style student loans taken out between 1995 and 1998 When did you enter into the original agreement before or after April 2007 ? Before Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Don't think so. Experian rating was 999 as of 26/11/18 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 Erudio Student Loans Limited Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware loans had been sold to Erudio, and was sent a notice of assignment, but returned it. Did you receive a Default Notice from the original creditor? I don't know. (sorry) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I've been returning post about once a year. Why did you cease payments? My income has never been over the threshold for repayment. Whilst the loans were held by SLC, I deferred every year. I took an ideological stance when the loans were sold to Erudio and decided to return letters with a RTS label. I thought it was worth a try. (What a wally!) What was the date of your last payment? I last deferred 25/04/2013 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan No I have written the CCA request and CPR31.14 and these will go in to the post, recorded delivery, tomorrow. I have also registered with MCOL and filed AOS, ticked 'defend all' and not ticked the 'juristiction' box. I'm following other threads concerning Erudio. Next step? Await response and start researching legal successes for suitable defence? Thank you (feeling very grateful to have found you!)
  11. Name of Claimant: Marlin Europe Limited Date of issue: 02/04/14 What is the claim for? 1. The claimant claims the sum of £2488.72 being monies due from the defendant to the claimant under a regulated agreement between the defendant and CLYDESDALE and assigned to the claimant on 18/10/2006, notice of which has been provided to the defendant. 2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. 3. The claimant claims the sum of £2488.72 and costs. 4. The Claimant has complied, as far as is n the pre-action conduct practice direction.NumberWhat is the value of the claim? Amount Claimed £2488.72 Court Fees £75.00 Solicitor’s Cost £80.00 Total Amount £2643.72 Has the claimant included section 69 interest? Don’t know (don’t think so) Is the claim for a current account? Yes When did you enter into the original agreement before or after 2007? Before 2007 Has the claim been issued by the original creditor? No Were you aware the account had been assigned? Yes Did you receive a default notice from the original creditor? Yes (Account defaulted 2006, removed in 2012) Have you been receiving statutory notices at least once a year? No Why did you cease payments? Account in dispute over bank charges. Was there a dispute with the original creditor? Yes. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Apologies for formatting, I can't change it Hi,Haven't been on for a while, as I thought that finally my finances were in order and I was debt free until this landed on my doorstep, some 8 years since I had the account. It arrived the morning I was leaving on holiday, so already 3 weeks behind. Any help much appreciated Thanks
  12. I posted this on the banana site but haven't had any response so was wondering if you could help. I've just copied and pasted what I put on their site below. I think I may have missed some of your standard questions so will have a look and try and answer anything I've missed below. If any of you could help I could really use it. I've got a bit of a different one here I could do with some help with. I've seen the forum and have a general idea of what I should be doing but could do with some guidance. Details below: Received a claim? Yes Issue Date: 30 Jan 2019 Have you Acknowledged the Claim?: Yes Total Amount Claimed : £300 Claimant’s Name: Lowell Portfolio Solicitors Firm: Lowell Solicitors Original Creditor: BT Original Debt : Phone Line Particulars of Claim: 1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement') 2) The defendant failed to maintain the required payments and the service was terminated. 3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant 4) Despite repeated requests for payment, the sum of £xx remains due and outstanding. And the claimant claims a) The said sum of 222 b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78 c) costs Is the debt Statute Barred: No List any letters you have sent: None Any Other Information or Background Details: This account was from 2008/2009 when I was a student. I had a BT line to allow us to get broadband at our house. When I moved out of the house in 2009 the landlord took over the account as he was providing this as part of the house rental going forward. The name and payment details on the account were changed online. I have not paid anything towards this account since May 2009. Having spoken to BT they said the only information they have is that Lowells made the last payment to the account on 29/11/13 the date the account defaulted. They cannot provide any other information regarding payments due to this being such an old account. Lowell (in a phone call) claim the last payment made towards the account was in July 2013 with the account defaulting in Aug 2013. Is it possible to argue that this debt should be statute barred as I have not paid anything towards it since 2009, or because someone else has made payments does this cancel out this defence? I should be able to prove I have not paid anything by requesting bank statements showing what payments I have made to BT. During my conversation with Lowell they also confirmed that they had been sending documents to another address (different to the account address) which I have not lived at for 14 years. What should my next steps be? Request account details from BT Request the specific documents from Lowell under CPR31.14 Anything I’ve missed? If you need any other info please let me know. Your help really is appreciated with this! What is the claim for – the reason they have issued the claim? 1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement') 2) The defendant failed to maintain the required payments and the service was terminated. 3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant 4) Despite repeated requests for payment, the sum of £xx remains due and outstanding. And the claimant claims a) The said sum of 222 b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78 c) costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Nothing received, the claim letter is the first I have got. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Multiple times. Did you inform the claimant of your change of address? No, I left the property after finishing as a student. My landlord took over the account. What is the total value of the claim? £300 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? BT Landline account When did you enter into the original agreement before or after April 2007 ? After April 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not showing on my Noddle account (only one I use) 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. Account assigned and debt purchaser issuing the claim. Were you aware the account had been assigned – did you receive a Notice of Assignment? I did not receive a notice of assignment. Did you receive a Default Notice from the original creditor? I did not receive a default notice. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have not received any notice of default sums. As I mentioned above Lowell have been sending letters to an address I have not lived at for 14 years. Why did you cease payments? I moved out of the house, landlord took over to provide phoneline for the house. What was the date of your last payment? May 2009 (but payments have been made since by third party, Lowells final payment is the only one showing on BT's records) 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? No I hope answering the above gives a little more information. If anyone can help me with this it would really help me out! If you need to know anything else please let me know.
  13. Good evening, When i was a lot younger i ran up quite a bit of debt which became unmanageable once i had children and cost of living increased. paid into a DMP for a few months and then defaulted this was in April 2013. I have pretty much ignored all contact as no one was taking legal action. I have had some discussions with Restons over the phone about this debt as i tired to agree a repayment plan. but could not stick to it as it was un affordable to me. Today i have received a CCJ claim from the for a total of £5131.05. The debt is from an MNBA credit card which i took out sometime around 2005/06 i think. The POC on state that the original debt is from MBNA "dated on or about Feb 2007 and assigned to claimant on Dec 2011. It then list the following two items: 19/07/28 Default balance 5151.05 19/09/2018 Pos Refrl CR -20 That is all that is on there. I have done a lot of reading around and am thinking of defending this claim but my head is spinning a bit with all the different threads i've read. Am i right in thinking that they probably dont have the CCA? I don;t believe that they have followed pre-court protocols as i have not received a letter stating they were due to start legal proceedings. Do i need to now request this information under CPRs and then defend the case accordingly? Am i right that if they can not produce the cca they can't enforce the debt? Thank you in advance.
  14. Papers from SAR shows shockingly very high charges from 2009 to 2013 within period I lost my job and was struggling financially, can I seek refund from OC? Just after calling OC and asking for complaint procedure and address, I received letter stating small % of charges will be refunded but paid directly to Lowell? What's your opinion guys?
  15. .. I sent off a CCA request six months ago which has not been provided, the account is in dispute, i have been receiving 'arrears' letters since. My question is, would it help to send back the latest arrears letter with a "No contract. Return to sender" label, or sit on my hands? Thanks Pencil.
  16. Hi there, I’m hoping someone may be Able to point me in the right direction. My son received 3 parking tickets last year from Brittania parking. He has ignored all correspondence from them. Today he has received a letter from bw legal which states they have been instructed by Britannia parking Ltd to commence legal action. The total they are claiming us £575.37 I believe the car park is one which takes pics on way in and out. The letter is giving me the options to : agree he owes the debt owes some of the debt but not all of it doesn’t know whether he owes the debt disutes the debt. then it’s for income and expenditure forms with it. I do do not believe he has just deliberately ignored the letters. My son had a stroke last year (his 20) which has left him on a lot of medication and problems. I am his appointee now for dwp as he isn’t able to manage. I just wanted to know if anyway could give me some advice or point me in the right direction. Many thanks for your time.
  17. Name of the Claimant Hoist Finance UK Holdings 2 LI Date of issue 30 NOV 2018 Particulars of Claim 1.This claim is for the sum of £1678.00 in respect of monies owing pursuant to an overdraft facility under bank account no XXXXXX The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX SANTANDER UK PLC) to the Claimant and notice has been served. 2.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. 3.The Claimant claims 1. The sum of £1678.00 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?I don't believe so What is the total value of the claim?£1863.00 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Bank Account Overdraft When did you enter into the original agreement before or after April 2007 ?I think it was after 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving one Did you receive a Default Notice from the original creditor? I don't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I can recall Why did you cease payments?couldn't afford payments due to low income What was the date of your last payment?Don't remember, nothing for at least 5-6 years Was there a dispute with the original creditor that remains unresolved? I don't believe so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?I'm sure I would have mentioned financial struggles and tried to but can't say this for a fact. ……….. Hello everyone, have just received a claim form from Hoist Finance regarding an old overdraft debt with Santander. If memory serves me well this debt is at least 8 years old, maybe more. This has come at a horrible time as I'm currently being assessed by my GP for suffering with depression and anxiety. I'm a University student and have already had some of my modules postponed for this. Not sure if any of that matters but figured I'd inform you guys of the full story. Haven't worked in a year but I'm on a zero hour contract and I'm still technically employed with the company (Could get work in the next two weeks if I ask for the hours). would love some help battling this, thank you.
  18. Name of the Claimant ? Lowell Portfolio I ltd Date of issue – 05/12/2018 Date to acknowledge - 23/12/2018 date to submit defence - 07/01/2019 Particulars of Claim What is the claim for – 1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference ***** 2) The Defendant failed to maintain the required payments and arrears began to accrue. 3 The agreement was later assigned to the claimant on ****/2017 and notice given to the Defendant. 4)Despite repeated requests for payment, the sum of £26** remains due and outstanding. And the Claimant claims a) The said sum of £26** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.50, but limited to one year, being £200 c) costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes i think so What is the total value of the claim? £2900 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. assigned to lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? i didn't receive a notice of assignment but i may have received the odd letter Did you receive a Default Notice from the original creditor? no Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? I honestly can't remember, i had a lot going on at the time and i did think it was all paid up What was the date of your last payment? 2015 Was there a dispute with the original creditor that remains unresolved? no, although i've no idea how the total is so high as its way above the original credit limit Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? i'm not sure, but i did start a payment plan with them for a while in a bid to stop them defaulting me, I'd missed 5 or 6 payments then started paying again under this agreement for a good few months Hiya, I've received a claim form from Lowell for an old Vanquis debt. I have beat Lowell in court once before for an old catalogue debt, but that was a while ago, and a bit different because I could prove from the information they sent me that I didn't owe the money anyway, and that was struck out. I'm a bit nervous, and as this is for a lot more money than before, and its quite a while since I had to do this so was hoping I might be able to get a bit of help from here. I've been online to try to acknowledge the claim, however mcol has my old address and I cant seem to be able to change it, has anyone any idea how? Also, before i send, am i right that its a CPR31.14 to the solicitors and a CCA to Lowell? Should i also send a SAR to Vanquis? My credit limit was never anywhere near the amount they're claiming I'm sure, so I've no idea how the amount has got this high! This is the form filled in that you request: Any help would be massively appreciated!
  19. I like many others objected to Erudio's new terms and conditions that I had to accept if I wanted to defer my student loan. So before the deadline I used the template letter and sent in my proof of earnings, but they just ignored me. So I sent it in again with another letter, and a note to say I didn't like being ignored. They just ignored me. Then they sent a default notice, giving me X number of days to contact them, the start date of these days was about a week before they posted it. I wrote them another letter disputing the default and objecting to their inability to post letters on time. Now they have terminated the loan and demand full payment in 7 days, yet again sent late. Any ideas of how to deal with what appears to be a best slack, at worst criminal company?
  20. Hi I received County court claim back on Friday 4th January despite it states issue date 31 December 2018 it did not arrive in post until then but no matter what I assume date on paper work stands. I then received 15th January a warning from Lowell that they had sent it to court and I should receive something soon their letter was dated 7th January so that came very late. Okay I will get to the facts really hoping for your urgent help and assistance in this as I have suffered with sickness this month and also at same time struggled as had to keep work balance. I don’t want to use any excuses other then It was easier for me to hide this away and just wish for better things. But I did submit my AOS and full defence within the 2 weeks on Sunday 13th January and was received and noted by court on Monday 14th January. I did receive the proper letter regarding Lowell would submit to court and I had the 30 days before end of November 2018 so they followed rules for that. To try put facts about my debt down short basically was a credit card I took out with Capital One back in 2011. To be fair I am not 100% sure when my last payment was and if its statue barred. It was at a lower limit then years later was setup to £1000 limit. I fell into a dispute regarding some £12 charges etc and also had contact through phone and emails I then stopped payments and kept going up. I did not get proper response on my emails etc I was even trying to settle a solution. My fault for ignoring further letters with request for payments and debt was sold to solicitor Lowells in 2014. To cut to the chase I need to submit my defence tonight as I understand and I have not got CCA and CPR (31.14) letters sent off despite I have made them ready. Can I still get these sent off tomorrow morning with Royal mail 1st class recorded delivery and then attach £1 postal order for each? Also because of my dispute with Capital One I really wish to claim back all charges and the 8% interest etc but how do I deal with this now? Can I sent letter to them or does that has to go to Lowell? Hope for your assistance guys I would be so grateful. I have attached Claim Form and also I have done a draft Defence for me to submit tonight hope it looks okay? here is my defence draft Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have had an agreement in the past with Capital One but any alleged balance is and remains in dispute for charges/services. 3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 1 year ago. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of agreement/assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5.As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit icon Act 1974. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Signed I am the Defendant - I believe that the facts stated in this form are true xxxxxxxxxx 27/01/2019 Defendant's date of birth x/x/19xx Address to which notices about this claim can be sent to you xxxxxxxxxxxx
  21. Name of the Claimant ? Southern Water Services Date of issue – 12th December 2018 Particulars of Claim 1.The Claimant is a statutory water and sewerage undertaker to the Water Industry Act 1991 (the Act) 2.The Claimant claims the sum of £4559.62 for unpaid water and/or sewerage charges payable under s.142-144 of the Act and the Claimants’ Charges Scheme. 3.The unpaid sum of £4559.62 is for water and/or sewerage services provided to the Defendant(s) at XX XXXXX XXXXX (my address is here) for the period 11/07/2007 to 09/07/2018 4.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 09/07/2018 to 11/12/2018 on £154.90 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.00 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No What is the total value of the claim? £4559.62 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? water When did you enter into the original agreement before or after April 2007 ? No Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No 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. Original creditor 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? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Redundancy What was the date of your last payment? Unsure 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 - i made a plan to pay through a card but found it difficult to pay through the card plan ……………. Can anyone help me with filing an online response to a claim form I received via Shulmans for a Southern Water debt. I realise I will have something to pay, but they are claiming from 09/07/2007 and I only moved into the property in the November 2007. In addition, am I right in thinking that that over 6 years is subject to the statute of limitations and can therefore not be claimed for. I completed an acknowledgment form within the 14 days, but I’m now feeling anxious that my online response covers everything correctly to give me the best outcome. ​Help needed
  22. I am just getting round to starting my PPI claims - somewhat late I know. Please can someone let me know what the first step would be after remembering which companies I had the loan or cc with. Would it be a SAR request?
  23. Hi Left UAE 2013 with a loan (lost job was advised to leave country by company, I’m back in the UK) CWD made contact in 2014, and 2016, I denied the debt and evidence that I was in contact with the bank. then nothing. Then last week IDRWW text me (?) and letter saying they got my details from the banks portfolio and can I make contact. Do I ignore? I have evidence of my contact with the bank - there is/was an ongoing complaint and they have not tried to resolve it either way. I’m anxious about this now Any actual outcomes? I searched London gazette and only 1 person from CWD was made bankrupt that I can find and that was a while back. I just bought a house less than 1 year ago and have no equity (help to buy) Reassurance or actual outcomes are needed if anyone has any please? Ta
  24. I have received a Claim form from Reston Solicitors representing ARROW Global, who has bought the debt from HSBC. This debt goes back to a loan I had with HSBC which was taken out sometime in 2010 , but I stopped making payments on it in 2012 when I became unemployed. Since then, ARROW have been contacting me but I have not responded. I do not know if a default notice was issued since I have been ignoring all debts except priority debts since 2014 when I started working again. I am now in full time employment, have a spouse who unfortunately is not working, and two children. Only mentioning this as background info. My question: Is it possible to avoid a CCJ if I call Reston Solicitors and agree to a feasible payment plan? Or is the CCJ inevitable now that the claim form has been issued? P.S.: I have called STEPCHANGE.
  25. hello everyone. just started this thread for a colleague, who needs some advice and is not very good with computers. history of debt Barclaycard credit card 01/2008 debt management 08/2009 arranged with Barclays a reduced payment plan which was accepted while on the debt management plan. PRA GROUP was assigned the debt from Barclaycard 08/2015 Last payment made 02/2018 Name of the Claimant ? PRA Group Date of issue 17/01/2019 What is the claim for – 1.The claimant claims the sum of £1834.29 for an outstanding debt owed. 2.On 22.01.2008 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference ….. 3.On the 06/2018 the defendant defaulted on the agreement with an outstanding balance of £2019.29. 4.On 17/08/2015 the debt of £2301.02 was assigned to PRA Group(UK) Ltd. Notices of assignment were sent to the defendant in accordance with S136 law of property act 1925. Payments of £434.52 were received up to 06/06/2018 and adjustments have been applied in the sum of £32.21. 5.AND THE CLAIMANT CLAIMS 1. The sum of £1834.29 A Barclaycard CC debt £1834.29 + court costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (pre action protocol) ?Yes What is the total value of the claim? £2019.29 what is the claim for:Barclaycard credit card When did you enter into the original agreement before or after April 2007 ? 01/2008 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?NO 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 PRA Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving this information Did you receive a Default Notice from the original creditor? No, after ringing Barclaycard they claim that the account was never defaulted. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Just letters from PRA stating you are behind with your payments Why did you cease payments? Got into financial difficulties What was the date of your last payment?06/02/2018 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? Yes I was on a debt management plan He has done the AOS on MCOL. CCA request ready to send to claimants CPR.31.14 ready to send to claimants solicitors Any help and advice appreciated. Donation will be made thank you
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