Jump to content

Search the Community

Showing results for tags 'claim'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Campaign
    • Helpful Organisations
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV and Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - you need to register to access the CAG library
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
  • Work, Social and Community
  • Debt problems - including homes/ mortgages, PayDay Loans
  • Motoring
  • Legal Forums
  • Latest Consumer News

Blogs

  • A Say in the Life of .....

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


About Me


Quit Date

Between and

Cigarettes Per Day


Cost Per Day


Location

Found 2,130 results

  1. 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.
  2. 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?
  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. Guys, I am about to send defence to Northampton County Court, please I need your help. Claim issued 14/09/18, received it on 18/09/18 and acknowledged it same day on 18/09/18. I think I have till wed 17/10/18 to file my defence? Please correct me if I'm wrong. Claim is about HBOS overdraft of current account I held since 2003, I believe it's status barred judging from when it was closed... od fees was up to 100 pounds I couldn't maintain payment. I held 2 overdrawn current account but upon challenging for second account they recently sent me letter stating account closed balance is zero. If I had challenged Lowell for the one they raised claim for maybe they'd dropped it as well. But i didn't I just bin their letters as believe it's statute barred. Other points: 1, Account number they've been quoting is wrong 2, Despite signing for it and cashing statutory 1 pound, they have not responded to all my signed for letters dated 21/22 sept 18 : CCA, Cpr 31.14, etc. SAR to HBOS no reply yet many thanks for any help in advance
  5. Hi I started a Ppi claim with Lloyds a few weeks ago there were 9 old loan account from 1992 to 2000 with Ppi. I should have my response in Aug. But this week I have received 2 letters in the same envelope to old address even though Lloyds have new my address due to claim. One is from Lloyds saying they have sold my debt to asset link the other from asset link. I know there's a Lloyds charge on my old house from 2006 (ex wife and kids live there but my sole mortgage) as its on land registry. Any one know why I've been sent letter? I assumed they would offset against any debt anyway. Any advice on what to do I will upload letter off asset link. PDF Photos 16-07-2016.pdf
  6. 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
  7. 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
  8. 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.
  9. 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
  10. Hi, First of all, thank you for the support you all provide through this site. I have received a Parking Charge Notice from CPM (UK Car Park Management) for 'Unauthorised Parking' in a small car park. The bays are unmarked and the signs are barely readable attached high on the walls in small prints. I am the registered keeper but not the driver of the time. The issue date was last year June 17 and was for £100 or reduced to £60 if payed in 14 days. It was sent to me in post with two pictures of my car in the letter. The reason was 'unauthorised parking'. Since then, I received another letter called 'Formal Demand' roughly after 40 days of the first letter where it says to pay £100. Then I started receiving 3 DRP letters (2 in sept and 1 in Oct 17) asking to settle payment of £160. Following that, I received a letter from Gladstone Solicitors in Nov 17 asking me to settle payment of £160 and then another 'Letter before claim' in June 18. Taking advice from other forums, I decided ignore them and I never contacted or reply to any correspondence thinking that they will stop. Now (Sept 2018), I have received a Claim Form from County Court Business Centre, Northampton asking to pay CPM £174.67 + £25 court fee + £50 legal rep fee total of £249.67. I have kept all evidence of letters and pic of the car park including the sign they have up. I need advise on what to do next. I have read different threads and you tube videos and all saying this is fake court. The court logos are blurred out and looks like the letter has been copied. Is this a actual court? The letter contains moneyclaim.gov password. Please can you offer me advise om what to do next? I have 14 days to acknowledge of service then submit my defence. I can upload pics of letters and photos upon request. Please speak to me in layman's term as I don't fully understand the process. Questionnaire: 1 Date of the infringement - 23/06/2017 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 10/07/2017 3 Date received 13/07/2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] - not anywhere in the letter far as I can see 5 Is there any photographic evidence of the event? - They took two pictures of my car and printed them in the letter 6 Have you appealed? {y/n?] post up your appeal] Have you had a response? [Y/N?] post it up - I did not respond at all 7 Who is the parking company? CPM 8. Where exactly [carpark name and town] - 93-101 Greenfield Road, London For either option, does it say which appeals body they operate under. - BPA If you have received any other correspondence, please mention it here - as mentioned above Thank you in advance
  11. Hi all Hope everyone is well. Had this back recently - after months on inactivity on all accounts. For a Lloyd’s credit card This is the one and only sheet sent back from Idem. Looks like an application form to me ? Any help much appreciated. Thanks for looking and Bon weekend ! Here is correct picture Lloyd’s scan 2.pdf
  12. Hi I have received a claim form from Hoist portfolio. The particulars of claim the debt was legally assigned by Santander to the claimant and notice has been served. The defendant has failed o make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to section 87. it is for £8000. I have acknowledged the claim & drafted a CCA & CPR. Is it just these I should be asking for copies of. 1. Agreement / Contract 2. Default Notice Any advice would be gratefully received as would like to send recorded today Thanks in advance
  13. 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.
  14. Don't leave it too late to find out if you're eligible for financial help and support through Warm Home Discount schemes this winter. They are run by energy companies but tend to close in late November or early December. One in 10 of allhouseholds are eligible for some form of help with their energy bills. Those that qualify include low-income families, disabled, elderly and other vulnerable customers. http://www.homeheathelpline.org.uk/about/
  15. Hello all, My first post on this great forum - very nervous and very worried. Please correct and advise me if I do anything wrong or don't follow correct protocol as I'm not a regular user of any forum! I had two credit card accounts with MBNA one started 1996, the other in 2001. I believe I stopped paying the full repayments around 2005 due to losing my job and the resulting financial problems and agreed with MBNA a reduced, interest free monthly repayment. Some time later I received letters saying both accounts had been assigned to a debt collection agency who would now be taking over the accounts. I think these were possibly re assigned two or three more times to different agencies over the next couple of years but my memory on these is not so good as I was suffering from severe depression around this time and on prescribed medication. I probably ignored and binned any correspondence from around this time. Most recently, around November 2015, Arrow Global took over both debts and on 05 August this year I have received two Court claim forms (one for each account). I read a few threads and have responded to the claim online at moneyclaim.gov.uk to acknowledge service and stated I wish to defend. Now I'm struggling and worried sick that my head might go again and would be so grateful for any help you wonderful people could provide. I don't think I have a lot of time to respond?
  16. Name of the Claimant - Arrow Global Limited Date of issue – 05 August 2016 Date to acknowledge= 24/08 + 14 days date to submit defence = 06/09 (33 days in total) - What is the claim for – the reason they have issued the claim? 1 - The claimant's claim is for the sum of £1547 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank Limited (No.XXXXXXXXXX) and assigned to the claimant on 30/11/2015, 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 £1547 4 - C has complied, as far as necessary, with the pre-action conduct practice direction. What is the value of the claim? £1547 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card account When did you enter into the original agreement before or after 2007? - 1996 Assigned - Debt purchaser (Arrow Global) has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I received a few different ones assigning it to various debt purchasers over the last few years. Arrow Global being the most recent. Did you receive a Default Notice from the original creditor? - Do not recall - I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I don't think so. Why did you cease payments? - unsure - possibly 2010 What was the date of your last payment? - unsure - possibly 2010 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? Explained loss of job and financial issues and agreed and paid reduced, no interest monthly payment to MBNA until assigned to Debt Collection company then no further payments made.
  17. Name of the Claimant Parking Eye claimants Solicitors: rosanna breaks Date of issue – 03/09/18 Date to submit defence = 05/10 What is the claim for – 1.monies outstanding from the defendant, as registered keeper, in relation to a parking charge, issued 31/05/18, for parking on private land in breach of the terms and conditions (the contract). 2.Parkingeye's automated number plate recognition system, monitoring campanile liverpool queens dock, l3 4aj, captured vehicle entering and leaving the car park, parking without authorisation. 3.The signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by parking eye and authorisation is required to park, along with other T+C's by which those who park on site agree to be bound. In accorance with the T+C's set out in the signage, the parking charge became payable. Notice under the protection of freedoms act 2012 has been given under sch 4 making the keeper liable. This is in reference to parking charge #### What is the value of the claim? £175 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? PPC Were you aware the account had been assigned – did you receive a Notice of Assignment? No I havnt done anything yet, I am in the process of sending the CPR 31:14 off Do i need to acknowledge the CC forms Any help will be appreciated
  18. 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
  19. Hi, I received another claim form on Friday from Moriarty Law for a debt related to a Spark Energy account. I'll post the full details tomorrow as I forgot to bring the claim form with me to work today. I have no recollection of ever being with Spark Energy, and the amount Moriarty are claiming is about £300. Coincidentally, on Saturday I also received a letter from Moriarty Law informing me that I will receive court papers shortly, and that they would like to still resolve this amicably. Firstly, I will complete the AOS online tomorrow defending all - I just wanted to check what CPR request to make of them, and as this is for a Utility debt whether the protocols are different? I am guessing they still have to present documented evidence in support of the claim? What should this consist of for a Utility debt?
  20. 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?
  21. Followed previous advice for others in the same boat. Aos submitted on 30th. I presume ONLY 9 days left to send in defence. 1 Date of the infringement 08/10/17 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22/11/17 3 Date received Not received as was out of country. Have passport stamp as proof. 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] No 5 Is there any photographic evidence of the event? yes 6 Have you appealed? {y/n?] post up your appeal] no Have you had a response? [Y/N?] post it up No 7 Who is the parking company? VCS 8. Where exactly [carpark name and town] St Marys Gate retails park. Sheffield For either option, does it say which appeals body they operate under. IPC If you have received any other correspondence, please mention it here DRP,LBC,CC My mother was issued the second PCN on 21st Dec 17 due to non response to the first but received first week of january 18 probably due to holidays. Unfortunately she came across the letter on last date of appeal. Both my parents are elderly and classified as disabled due to their various ailments. The letter stated that she had no right of appeal but can give mitigating circumstances but before the last date. After that received a couple of debt collectors letter, LBC in July and now CC claim as mentioned above. To begin with they had idea where the location of the infraction was. As it is with some elderly people in their 80s some memory loss is inevitable. Im half their age and feel what they do. we finally figured out the area with help of this forum. They don't take the blue badge liberties for granted but in their understanding this parking area was towards a side where there was no signage. My mother requires constant attention as she is prone to falling and my father missed any signage. As per their understanding blue badge holders are given some margin. They also had their grandchildren with them at the time who are a handfull. Unfortunately my mother did suffer a nasty fall and as was incapacitated for quite a while. My father took her back home in taxi instead as the area was closed to other cars. The only witness that can attest to this is my father and probably the GP. As she has had knee and shoulder replacement done she's kept under check. My father retrieved the car according to the ANPR after a stay of 150 mins whereas the time limit was 60 mins. I came across a similar post where I understood that the PCN didn't comply with being served in time. I hope that is the case. As they themselves have stated the exact dates on the PCN. The second PCN seemed as if they wanted it to reach the very last date so that out of fear one should pay up. I now request all the gurus to guide me in drawing up a suitable defence. I hope I don't let my mother down as i took responsibility to sort it out as to be honest its just not something they could have dealt with given the situation and due to this forum I feel she has a chance. Its also ridiculously expensive for a pensioner. Thank you and hoping for a favourable reply.
  22. Name of the Claimant ? PRA Group Date of issue 19/12/2018 What is the claim for – 1.The claimant claims the sum of £4793.79 for an outstanding debt owed. 2.On 20.01.2005 the defendant entered into a an agreement with Barclays Bank PLC for a credit card under reference ….. 3.On the 06/05/2011 the defendant defaulted on the agreement with an outstanding balance of £5041.31. 4.On 17/08/2015 the debt of £5041.31 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 £232.96 were received up to 20/03/20108 and adjustments have been applied in the sum of £14.56. 5.AND THE CLAIMANT CLAIMS 1. The sum of £4793.79 An Egg CC debt £4793.79 + 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? £5058.79 what is the claim for: egg credit card When did you enter into the original agreement before or after April 2007 ? 2005 should I request the CCA I believe they won't have a problem proofing I owe this debt? Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No it came off about a year ago 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? Yes sure I did ! 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? Had a brain injury What was the date of your last payment?19/12/2018 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 How shall I defend / respond to this they seem to be using bully tactics and fishing for me to pay up the full amount which I don't have. in March last year they sent me a full and final settlement letter asking for £1680.37 I counter offered £1200 they refused it and said they would only take £1945 which is bizarre. PLEASE SEE ATTACHMENT, I questioned this on another forum and was told the wording is not right and the balance should be zero. If you have not already done so – send a CCA Request to the claimant for a copy of your agreement (except for Overdraft/ Mobile/Telephone accounts) Will Do ! Particulars of Claim An Egg CC debt £4793.79 + court costs I went into arrears in 2010 after a head injury and have been making monthly payments. Egg was bought by Barclaycard since then and then they assigned/sold the debt to the PRA group 17/08/2015. I have been paying without missing a payment but have not done their constant requests for income and expenditure. I got a letter November 13th say my account had been transferred to the investigations and litigation department which I ignored. Thanks for your help I don't have long to respond to this claim
  23. Hi all My wife recently received a County Court Claim Form which we have decided to dispute in full. I've completed the details below. I would be really grateful for your help with next steps. From reading other threads it seems my next move should be to send a CCA request to the Claimant and a CPR 31:14 request to the legals reps. Is this correct? Thanks --- Name of the Claimant: Cabot Financial (UK) Limited Date of issue: 09 Jan 2019 - Defence form submitted online on 24 Jan 2019 What is the claim for: By an agreement between JD Williams Ltd Re Fashion World & the Defendant dated 11/10/2015 ('the Agreement') JD Williams Ltd Re Fashion World agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 688.36 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? £688.36 amount claimed + £60.00 court fee + £70.00 legal representative's costs = £818.36 Is the claim for: 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...)? ***Wife is checking - will update*** 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 Unsure 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? Account was settled 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? No, as N/A
  24. This is a long story but I'll try and keep it brief and you can ask questions as needed. In November 2015 I purchased an ASUS gaming laptop from an Amazon Marketplace Seller. The product was brand new but was shipped to me from the US. The company however were slightly misleading by having UK in their name. The laptop developed faults within days of arrival and I asked to send it back for a replacement. The company were only interested in doing a repair on the machine and insisted on remote troubleshooting first. I worked in IT Management for 5 years and had serious problems trying to explain that the fault with the laptop was a Network Card issue so any remote troubleshooting would fail. It's second problem was keys falling off the keyboard. No amount of remote support will fix that in any way shape or form! Fast forward and I sent the laptop off to be repaired as I gave up trying to fight a replacement because the company were not interested. This is the first problem I had. The seller refused point blank to pay the return shipping charges despite amazons policy being extremely clear that the seller was responsible. The seller wanted me to pay 99$ to them for the label. In hindsight I should've have done this but claimed a chargeback immediately for breach of Consumer Rights Act. Instead I choose to pay DHL around £100 to send it back to their repair center. The laptop was packaged in its original packaging, wrapped in bubblewrap before being sent to them and then the external box being wrapped in more bubble wrap, brown paper and all over that with brown parcel tape. The laptop was temporarily seized by customs because DHL did not attach the correct paperwork. This was resolved within 48 hours and the laptop sent on its way. While the laptop was within DHL's care, they somehow (no idea how...) damaged it and it arrived with 2 massive dents in the side of the screen panel. I was advised by the seller the state in which it arrived and being proactive asked for a quote to repair the damage on 16/10/2016. DHL Insurance then contacted me on the 19/10/2016 to request a quote to have the laptop repaired. The seller then wrote to me on 20/10/2016 asking how I wanted to proceed. They had not issued me a quote. I replied around 1 hour later the same day (20/10/2016) asking for the repair quote. I heard nothing. I contacted again on 31/10/2016 & 02/11/2016 and nothing still. Not a sausage! I then frustrated wrote to Amazon and asked them to intervene. 3 agents (have this in writing) said I would be refunded. Amazon then said that I would no longer be receiving a refund and would need to resolve the matter with the seller directly. I can understand 1 person making a mistake... But I was promised a refund by 3 people and thought the matter was coming to a close... I then made a complaint with The Better Business Bureau in the US to try and poke the seller. My complaint was sent on to the seller. I also requested a refund on the delivery charge on 05/10/2016 and that email has not even been acknowledged. All of these emails took place on the sellers ticket support desk so I know for a fact they have received these communications. Bottom line of this is I want the laptop refunded or replaced, also to receive my delivery charge of £100 back as the seller has clearly flouted Amazon's policy. Then amazon tell me their policy say my claim deadline has expired... How ironic... So the seller can ignore but not the buyer... Amazon said I could do a credit card charge back, however my Father paid for the order with his credit card as the order was coming from the US and my credit card limit wasn't high enough to pay for the order. However he is very very reluctant to pursue a Section 75 Claim against the credit card company... So I really don't think that is an option. Can anyone advise what I can do here please? I'm thinking pursue Amazon in small claims court as they have a responsibility for the sale and cannot enforce their own faulty goods return policy. I have photo evidence that the laptop was indeed faulty (keys not attached to the keyboard) I also cannot proceed with the claim with DHL because they need a quote for the repair which I am unable to give them... So any help would be received with gracious thanks
  25. I have a sheriff court citation by Amex for credit/charge card debt and i was trying to fill in the details for ordinary claim but i don't have anything like "BOX E2" etc, anyway i've tried to fill it out the best i can and was hoping i can get some advice. Thanks name the issuing court: Glasgow Sheriff Court Who Is The Claimant: Amex Who Are the Solicitors: BTO What type of action? (Simple/Ordinary): Ordinary What is the claim for – 2. The Pursuer provided the defender with a charge card under account *******. The charge card provision is not regulated by the Consumer Credit Act 1974. The Defender incurred charges totalling £8992.24 on the Chargecard. The balance remains outstanding and due to the pursuer. 3. The Pursuers issue the American Express Credit Card and in particular issued to the Defender a card numbered *********. The Defender s use of said card is regulated by the conditions contained in the Cardmember Agreement which was issued to him with said card. The agreement between the parties is regulated by the Consumer Credit Act 1974 as amended. A copy of said Cardmember Agreement is produced herewith. It is a condition of the contract between the parties that the Defender pays within 25 days of the periodic statement issued to the Defender by the Pursuers the minimum sum specified therein. The Defender is in breach of said condition and consequently the entire balance outstanding on said account is now repayable. On or about the 15 February 2018 the Pursuers served a default notice on the Defender in terms of Section 87(1) of the Consumer Credit Act 1974, a copy of which is also produced. The defender has failed to comply therewith. The balance outstanding in terms of said agreement as at the date of raising these proceedings was £7113.17 There is a total balance due by the Defender to the Pursuers of £16105.37 date of raised claim :- 13/02/19 Last Date Of Service:- Last Date For Response:- 06/02/19 What Documents are listed in Box E2:[or in your form requesting the same?] Amex Canada Intranet E-application, a copy of default notice dated 15/02/18 Claim is for charge card & credit card BOX D5 what has the claimant stated: IN FULL….. 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.:-Original creditor Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor?Yes I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? When was you last payment:-I’m not sure Why did you cease payments:-Around March 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
×
×
  • Create New...