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Found 17 results

  1. Hi, Ive CCA'd Mint for my card agreement and they have seemingly sent a good copy of a signed agreement. They also attached a 3 pages of a photocopied set of Terms & Conditions. Lots of very small print that will not scan & copy very well so have not included it here at the moment. Could someone please have a look at the Credit agreement an tell me if you think that it is enforceable or what action to take next to try and verify it. They sent current T&C's plus a Card re-issue letter with associated T&C's Also current outstanding values owed to the account. The signature, dates, my information and name all seem to be correct. Have also attached the letter they sent with it. Hope you can give me some good news. Thanx Murph
  2. HELLO Recently I had an car accident hit by the other car. I have the dash cam footage as well. the driver told me to deal with her wife (owner of car) and just gave her insurance company and showed me the email of the insurance. However after 2 days of that accident my insurance company told me that that car was not insured. Probably they might have cancelled the insurance before it commenced and they are not picking up my phone. I already filed a complaint against them with police . How can I get my car fixed? Do I have to hire the solicitor or can be done by myself? Can I get advices about it so I can fix my car without dealing with my insurance company.
  3. Hello CAG community, Today I received a Count Court Claim from my ex employer for just over £9,000 (including £410 court fee). I have 12 days to decide if I am going to respond with acknowledgement, to apply for 28 days to build my case, or respond with a defence. The space they give you to write a defence is very insufficient. I imagine I could write more online. I can not afford a lawyer and will most likely have to represent myself. The court has an NN postcode and is not close to where I live in the West Midlands. The story: I accepted a job from an e-commerce employer as a digital marketer with an SEO focus. The directors had an obvious problem with anger. Ultimately I left after one month as the work environment was very hostile (though I cannot prove that). When I quit I could tell they were surprised and further angered. They acted like they were firing me and that was just fine. During my brief employment I made them aware that their web host had them on an insufficient plan and was hosted using a reseller account in the Netherlands. This infuriated them and they had me gather evidence in preparation for a law suit. They also told me on a daily basis to call them with the intention of harassing them in to migrating us to another web host for free. Eventually I told them I would not do this anymore. After I left the directors had to deal with the web hosting company themselves and I learned from one of the sales girls calling for help, that the web hosts had told the directors their website would be cut off shortly. It appeared they panicked and tried to migrate the website themselves. They have no web development experience what so ever. I would not even call them IT literate. Consequently they disappeared from the Google search results and acted like all was forgotten while they asked for my help. I obliged and didn't feel the need to let them hang themselves. Rather than migrate the website, they just pointed their web address to a test version of the site. Because it was a test version special code was put in there to hide it from Google (it is bad to have two identical copies of a website visible). I left a document advising the next digital marketer they hire what the situation is, "Be wary of duplicate content. Ensure NoIndex tags are maintained on every page during development. Check testbcr.co.uk is not being indexed. If it is then assess impact and take" 'NoIndex' refers to those special tags I mentioned. Any qualified developer who is aware there are NoIndex tags present on a test site, would know to remove them if they ever planned to make the website live. The problem is the Directors who are sales/business people, tried moving the website themselves because they couldn't get a contractor to work with them. They clearly didn't read the document I left or didn't understand the NoIndex reference. If you have made it this far then thank you, sincerely, for investing in my situation. I am exhausted just writing it. So the allegations they are making are that I didn't inform the company or the web host that I had left NoIndex tags on the test website. My defence, it has nothing to do with the web host and I have evidence that I informed them of the NoIndex tags. They also allege that I delayed fixing the problem (after I left their employment) by two days. Honestly I don't know how long it took me. I wasn't employed by them and so didn't feel obligated in any case. I could never afford the claim and court's costs should I lose in court. My credit rating would be destroyed and me and the wife would have to give up on the idea of having our own house one day. If there is a worse scenario I am not aware of it. Prison? I feel like this shouldn't even go to court considering how far in the wrong they are. But I am honestly scared we live in a country with a justice system that favours the rich and wealthy.
  4. I have received a County Court Claim from RBOS. However, at the time I received it was too late to reply until after the 14 days. I have done an acknowledgement online and emailed the court for advice but so far received nothing back. The actual alleged debt is in dispute due to outstanding requests for a proper agreement. Can I ask what I can do please? I have heard nothing and not had chance to submit my defence, am I up the creek so to speak or is there something I can do? Thanks
  5. Have received in the post today a PCN from Parking Eye for over-staying in a car park at a retail park in Dewsbury. Details as follows: Date of the infringement: 31 August 2016 Date on the NTK: 6 September 2016 Date received: 10 September 2016 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes Is there any photographic evidence of the event? The letter includes 2 time-stamped photos of my car registration plate entering and leaving the car park. Have you appealed? Not yet - wanted to get advice from here first. Have you had a response? See above Who is the parking company? Parking Eye I am aware that the advice on dealing with these PCNs has changed from the "ignore it, they have no legal standing" advice of previous years so wanted to get some advice on how best to respond. I take it I need to appeal to Parking Eye, which will naturally be rejected, and then to POPLA? On what grounds is it best to appeal? I did overstay in the car park by about 30 minutes (though tbh I can honestly say I have parked in that car park many times and never noticed the signs stating the time limit etc - am guessing they are probably high up (above eye level) on lampposts as that seems the favourite place to put them these days) basically because the appointments we had (with the bank and then in the mobile phone shop) took longer than expected. The advice on the appeals and complaints procedure on the reverse of the letter says to include things like store receipts or proof of purchases etc. Do I include the store receipt from the mobile phone shop? So I bother the staff member we had an appointment with at the bank and ask her to send me confirmation of our appointment time etc? :/ Thanks in advance for any help.
  6. Name of the Claimant ? MKDP LLP Date of issue - 11th April 2014 What is the claim for – 1."The claimant claims the sum of £xxxx.xx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank Plc. 2.The Defendant's account number was xxxxxxxxxxxxxxxx and was assigned to the Claimant on xx/12/2011, notice of this has been provided to the Defendant. 3.The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The claimant claims the sum of £xxxx.xx and costs. The claimant has complied, as far as is necessary with the pre-action conduct practice direction." What is the value of the claim? £xxxx.xx (between £1300 - £1500) Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Nothing specified Is the claim for a current or credit/loan account or mobile phone account? credit card account When did you enter into the original agreement before or after 2007? Before 2007 (I think) 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? Not that I recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I know of Why did you cease payments:- I lost a massive job in 2009 after a perfect credit history and found myself in a spiral out of control with various creditors wanting more than I had left. I put priority debts first! Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No This is my first posting - I hope it makes sense I've received a CC Claim Form with the Claimant being MKDP LLP for a historical HSBC credit card debt. I've read the forums and extracted the following (see below QUESTIONS/ANSWERS) which I've completed as appropriate (changed some values etc. to protect identity). Since I was away working I missed the CC response time of 5+14, I submitted an acknowledgement of service with intent to defend a few days late and I've sent a CPR and CCA by Royal Mail (signed for) and called the court to explain my timing, interesting they said no action had been progressed and that I could do the acknowledgement on-line which I did. Have I done the right thing? Do I need to do anything else? Are MKDP likely to win and drop a CCJ on me? Thanks for your help on this - for forum is excellent. MWJ
  7. I'm confused whether it is the Defence or Counterclaim box I should write in, on a Defence and Counterclaim Form. Is the counterclaim section only for money above what I have withheld to offset another electrician completing work or is it should this section be used to claim use of the money I've withheld from him? An electrician has claimed in County Court for payment I have withheld as work left unfinished. (He has claimed nearly £1500.00 although amount withheld £1127.83. He has not put in particulars why claiming more.) £2809.44 has been paid. Lots of issues but main ones are; - Consumer board half installed - No lighting since October as circuits unconnected. - Installed cabling and made ceiling holes for 22 lights for prospective lessees, they withdrew and he has charged me for most of this. - It has seriously stressed me and affected letting of the commercial property etc. I have estimate from another electrician to finish the work, it will entail redoing some work, checking all cabling and connections made, testing, report and certification costing around the figure he is claiming. Difficult to get an exact figure for work of this nature half done. I've read I should provide estimate to claimant in writing and give him another opportunity to finish it before I get work done elsewhere.
  8. Hi guys, I got a ticket from Civil Enforcement last year. I have since been following the popular advice online and have ignored all correspondence with them from all the dirty tactics they were using by switching names in every letter (and using names of fake solicitors companies) and their heavily threatening letters. However, i now have what appears to be a genuine County Court Claim from Northampton county council, with what appears to be a genuine seal and claim number (sticker)! They claim I was parked for 2 hours and 16 minutes in a co-op car park where the limit was 2 hours. I honestly do not know if i was even ever there. The crazy thing is this car park can hold approximately 200 cars and there are no more than 20 or so cars in there at any one time. I have 4 drivers on my insurance policy (i know, but insurance isn't exactly cheap nowadays ) and none of them could even remember being there at the time, at the time i felt hard done by, i turned to Google and ignored all correspondence from CEL. What do i do next?? I'm really panicking here. I've read these letters through and they really don't make any sense to me at all. I've got 2 peach letters from the court with one titled ' N1 Claim Form' and the other 'Particulars of Claim'. And also a response pack which has an 'Aknowledgement of service form', a 'Defence and Counterclaim form', and an 'Admission' form.
  9. Hi everyone, I hope you can help me. In brief I contracted roofer to repair leaks. Full known work was not known until scaffolding up. Roofer repaired what he thought was the problem (according to quote). Identified another problem. Said could not do work as he was busy but then backtracked. I agreed to work, said I'd pay half now and the full amount (plus new work) when work completed. He refused and said he would do nothing until full payment received for first job. Next he emails me saying as I have not paid he will contact his solicitor. I receive a claim against me. He did not give me 30 days and the claim was made without a solicitor. The scaffolding still remains at my property. Do I have a case? Do I just 1) accept it and pay him, plus the fee of £95 within 10 days. Am I at risk of him then sabotaging the roof or scaffolding remaining? 2) write and ask him to remove the scaffolding and then I will pay him and then defend the claim? If I do this, will it then go to court if he refuses to remove scaffolding? Thank you in advance. Janet
  10. Hi I am hoping someone can help me out . I have received a County court claim form off Lowell Portfolio I have already spoken to the citizens advice and they have told me that the claim is Statute Barred as it is from over 10 years ago and i haven't had any contact with them. Right now is the confusing bit! On the claim form they are trying to say i owe £470 in interest calculated at eight percent. How does this affect the Statute Barred or doesn't it ? Also what should i put in the Defense box section 3 ? In fact what should i tick or not tick in all of them ?
  11. Hi Caggers, I could really use some advice please. This is a bit long winded but I don't want to leave anything out. I had a capital One CC back in 2001 with a balance of £250 outstanding. My newborn son was in Hospital for a few months and during this time I was obviously spending all my time in the hospital and not working. I tried to claim on the PPI insurance that I had with them and they told me that I wasn't covered so in a rage I told them to stick their card and sue me if they thought they were going to get another penny out of me. they defaulted me and added loads of charges (as they do). A few months later I decided that I had better try to sort it all out and contacted them and agreed monthly repayments. I made 1 payment of the agreed amount (£10) and the next month they took double the amount from my bank so I cancelled it. They were still adding monthly charges of more than I was paying s o I would have never paid it off. so I just stopped talking to them and burned all the paperwork I had. I realise how stupid that was now but I was pretty depressed at the time with a 6 month old baby in hospital in heart failure, no money and those snakes taking my petrol money so I couldn't travel to the hospital. Just to be clear this all happened between June 2001 and March 2002. I haven't spoken or written to them since and the debt has done the rounds through different DCA's until it's ended up with Lowlife with an outstanding balance of £1001.80 After finding this wonderful site I have slowly begun to build up the courage to deal with this. on the 5th December I had a pretty standard threat o gram from Hamptons Legal on behalf of Lowell which I decided to reply to with the bog standard prove it letter. Shockingly (ok it isnt a shock) Lowlife have ignored my prove it letter and sent another threat o gram saying they will be sent to Fredrickson blah blah. should I send another prove it letter or go for the SB letter? I am positive I never had a letter of assignment from lowlife or capital none Isn't that supposed to be hand delivered or sent registered? Also I am pretty sure they have nothing to back up their claim as they offered me 85% discount last year.
  12. As suggested starting new thread re Court Claim from MKDP LLP re HSBC Loan. Claim Form dated 29th April 2013. Particulars of Claim The Claimant claims the sum of £1x,xxx.xx being monies due from the Defendant(s) to HSBC Bank Plc under a loan agreement regulated by the Consumer Credit Act 1974 which was assigned to the Claimant on xx/xx/xxxx. Notice of Assignment has been provided to the Defendant(s) . The Defendant(s) loan account number was xxxxxx/xxxxxxxx. The Defendant(s) has failed to make payments in accordance with the terms of the loan agreement. A Default Notice has been served pursuant to The Consumer Credit Act 1974 by HSBC Bank Plc. The Complainant claims the sum of £1x,xxx.xx and costs. The complainant has complied as far as is necessary with the Pre-Action Practice Direction. No Default Notice or Notice of Assignment has been received. Claim acknowledged and extra 14 days asked for submitting defence. CPR 31.14 sent and received by them on 7th May 2013 asking for: 1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. The assignment 3. The default notice 4. A statement of account showing how the amount claimed has been reached. These letters were sent by Special Delivery and were received and signed for on 7th May by MKDP LLP. In addition to this a SAR was sent to HSBC again by Special Delivery and was received also on 7th May. This would not be Small Claims as I understand it. This may be statute barred but until we can get access to relevant bank statements we cannot be certain. Is there anything else we should be doing at this stage?
  13. Hi Guys. Sorry i am posting this thread again. There where some tech issues with the previous ones. I had two credit cards with MBNA, one was Sony and the other Virgin (thread found here) This one received a county court claim last month. I owe around £3000. I acknowledged the service, extending my 19 day deadline to 02/01/2013. I have tried my utmost to get legal aid, but i am in a black hole situation where unless i or my partner move out (we recently split up, but still live together), i cannot get legal aid. I called Santanders Legal Assistance service which i get with my premium account which i found out about as few weeks ago. The girl on the phone said i should dispute full liability and base a defence on the fact that no Default Notice had been received in accordance to the Consumer Credit Act 1974 Section 87 and 88. Is this correct? Can someone help me word this please, i am a bit apprehensive of doing my own defence, seen as the one in the other thread has complicated things. Any help is much appreciated.
  14. Hi Hopefully I am in the right place. I have received a Claim Form from Northampton (CCBC) and am not sure if there is anything I can do about it but would like to try. Any help would be appreciated, even a little guidance on how to complete the response pack. The particulars of claim (issued 25 July 2012) are as follows: The Claimant's Claim is in respect of a credit facility, xxx etc., provided by Cahoot at the Defendant's request on 27/06/2002. The agreement was subsequently defaulted. Failure to meet requests for payment resulted in the account being terminated. On 26/11/2007, all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd. The Defendant was duly notified in writing of the assignment and that a balance of 12349.63 was due. The balance of 11606.90 remains owing from the Defendant. As you can see I have had this debt for a long time and due to struggling with finances and redundancy have been making minimal payments. I have also received a Notice of Default sums from DLC for Litigation costs of £100.00 I have no means of paying such sums. Is there anything I can do?
  15. Hello Caggers, I hope someone can help me on this from Vanquis If I have put this in the wrong forum please forgive me. I noticed from a statement earlier this year that PPI was being charged on my Vanquis credit card. I contacted them to dispute this and seek a refund. They requested 40 days to look into it and at the end stated that their telephone records showed that I had known about this when my application was taken over the phone. This is where it gets silly because my application was taken out online and at no time did I know about PPI being added and neither did I apply on the phone or even talk to anybody regarding this. At the time of my first complaint I stated quite clearly that I disputed the account and that I would not be making further payments until the matter was resolved. At this time I was not in any arrears and also within my credit limit. Next stage was to SAR Vanquis requesting all the information and statements from my time with them I also specifically requested transcripts from any telephone conversations. My pack arrived today and in it there are no statements, no telephone transcripts, no signed documents of any sort from me, no sign of the original application in fact virtually nothing of use. The balance on my account since the original dispute has increased by in excess of £200 and they have also added a default to my credit file. I want to take these people to the cleaners, can anyone point me in the right direction and exactly what action I can take.
  16. 14 months Assured shorthold tenancy started Sept 2009, end Jan 2011. LL presented me with ridiculous charges for administrative costs in chasing up utility companies at £100 per company, totalling £300 (electric/water/council tax). There is no clause in the tenancy agreement, which obligates me the tenant to provide the landlord with final bill statements. All bills were paid in full, in due time and I have rang up each company asking if there was any correspondence between themselves and my LL to substantiate the LL's claim. The answer was 'no' in each case, and as far as I know it is not standard practice for utility companies, if the bill is unpaid, to chase up the landlord, rather than the account holder. Thus the LL cannot impose such charges? Am I right in thinking all of the above? Sofa with a slightly dented armrest- LL claimed that I have damaged the sofa and wished to replace it with a brand new leather sofa, initially pricing the top cost at £300, now LL changed a priced a new sofa at £449. The inventory I signed states ‘two seater black sofa’ there is no mention of the condition. Can this be argued as betterment? I am a conscientious tenant, the place was left sparkling (in much better shape than received and I have pictorial evidence of this), with absolutely no damage, and therefore I am obviously not prepared to pay for any of the charges. I know that the whole apartment block has this particular sofa and everyone has the same problem with the armrests, the foam inside just melts after some time. My deposit is protected by a scheme, however LL presented these charges 3 months after I moved out of the property and now I cannot use arbitration to resolve the dispute. The only remedy available to me is placing a claim with county court. And finally, I moved out of the property 3 weeks before the end my tenancy (the full moths rent was paid). The landlord was fine about and aware of that fact. A new tenant moved in 2.5 weeks before the end of my tenancy. It was agreed over telephone and in an e-mail correspondence that the landlords were to reimburse me the rent for that time, as in essence she was getting double. She has now conveniently forgot about this. Where do I stand? i) Any help and advice on how to start a County Court claim ii) The wording of a Letter Before Action iii) Chances of success in: a) admin charges b) sofa c) rent refund Many thanks in advance.
  17. I hope that some readers will be their to support me on December 07 at 3pm Aldershot and Farnham county court. Reston's solicitors have applied to have my claim thrown out of court. It has taken me 1.5 years to get my financial transaction data from MBNA and only after involving my MP and FOS. Since around January 2009 I have been charged £3,800 in legal fees by Restons Solicitors on behalf of MBNA. I have £6,800 in undesclosed charges that neither Restons or MBNA can explain I have 6 letters which it is clear have been forged. MBNA sold my debt to Reston solicitors for 0.5p in the pound before responding to my complaint following their complaints procedure. The differance between my debt at the time approximatly £2,500 and the ammount they sold the debt for approximatly £500 was written off against tax. Restons used the highest level of debt I had with the bank as the ammount they want to reclaim ignoring the payments that I had made. I have been told not to expect Justice. I don't expect Justice but I think the consumer should know just how badly degragated our judicial system is. It will allways favour the large financial institutes and American banks. It appears that the written laws are not worth the paper they are written on. Everything that MBNA and Reston's have done is explicitly outlawed in various acts of parliment includeing the consumer credit act but no judge that I know of has ever upheld it against a large financial institution or American Bank. Law Less Britain when it comes to white coller crime? Decide for your self.
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