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  1. Hi Could someone please help as I'm very new to this. I've just received a letter dated 3rd July from what looks like it's from County Court Business Centre. It says the claimant is JC International Acquisition LLC and the name for payment is Moriarty Law. It says I haven't replied to the claim form and am ordered to pay £1655.2 or £50 a month? It doesn't show what I owe it for but from looking at other posts, looks like it may be Talk Talk. Any help or how to respond will be much appreciated. Thanks in advance!
  2. help!! I received a county court claim for northampton county court off lowells on the 18th july for £393 for an alledged old studio debt. I sent lowell a prove it letter asking for the deed of assignment, notice of assignment, default warning letter and the default notice. I received a letter back from them stating the deed of assignment will not be sent as it is a confidential agreement between their client and the original creditor and no other agreement/deed of novation exists between you and our client. I sent a second letter asking for the same details plus the original credit agreement , today i have received a letter off lowell with what they claim to be a copy of the agreement , which is printed on cheap paper , my details are printed on it but where there should be my signature it is blank with the date of signature printed next too I would like to add that I have filled in my defense to court saying I note i have had a account with studio but do not recongnise the amount or any of the account numbers. Where do I stand ? Do they have to produce proof of the original debt? That im liable for this debt?
  3. Hi, I don't do Facebook so I have started a thread on the MoneySavingExpert forum - The Acenden (administered mortgage) Escape Committee in the section called "Mortgage Free Wannabe" (I can't post links here yet). - Acenden have apparently recommenced selling mortgages on behalf of their new owners. Do join me there. I will post more information on that new thread in a while, eg about the danger signs that indicate that Acenden means to repossess. Everyone's case is unique but there are things we can to help each other get clear of these cowboys.
  4. Hi all, I have been a member of my local DW Sports gym for around 2 years. I cancelled my DD with my last payment being 3rd Nov without letting the gym know. I did not attend my gym after September due to a knee problem that i was/am struggling with. Yesterday I received my first correspondence from the gym through "Major Law" in which it claims that they have prepared a county court claim and is ready to be issued against me. They also claim to have contacted me "previous correspondence sent to me by ARC" which i have not had one single letter. I find it pretty disgusting that I've been delivered this bill for £164.64 after being a loyal customer for 2 years and had no prior warning before getting this threat. Debt Balance £83 - I dont understand because it is more than my monthly membership cost x2 Court fee £25 - ?? Solicitors Costs £50 - ?? Annual Interest £6.64 ?? -------------------- Total £164.64 This is downright robbery. I am shocked and appalled that they play these moves. what can i do??? I've had a little look round the forum at similar cases but I've not come across one where the victim has been registered at the gym for a long time and cancelled the dd without notice. I have seen that people have sent letters informing DW of their intention to leave which DW have never claimed to receive. Please help me guys, i really dont want to pay £160 for DW dont deserve it. The gym i attended has got gradually worse and worse with over subscription, poor maintenance and moody staff. Thanks
  5. Hi, Due to ill health, I gave up work several years ago and at the time I was dealing with my debts through a DMP.[payplan] Since not working, I had to reduce my repayments and then eventually stop them altogether. this has caught up with me and I have now received a County Court claim form from Cabot / Mortimer Clarke Solicitors for an old Halifax credit card debt. I have somewhat buried my head in the sand over the past year or so and have become very lax in reading DCA letters. I really have no idea if I have ever received notice of assignments from Halifax or a letter before action from Cabot. I really can't afford to repay this debt of over £2000 and the worst thing is that there are many more debts waiting in the wings to go the same way. What is the best and first thing I should do now? Should I apply for proof of the debt and all the statements, etc and if so, how do I deal with the Claim form and will this put the claim on hold for a while? Sorry if I sound silly and confused but my head is spinning with this I've never been in this situation before. Many thanks in advance for any advise you can give.
  6. Hi Folks, Not sure if this in the right Forum area so forgive me if it's not!! I have/had a credit card with HSBC that had a balance from 2006/7 The monthly payments(minimum) were coming from a sole business account also from HSBC. The business closed a year ago and I thought the credit card account had been settled. Wrong... Over the last few months the business account was slowly drained until it was zero.The credit card had fallen into arrears,and then HSBC settled it out by transferring the whole debt to my business account,adding about 600 pounds of charges to boot !! I now have a DCA chasing me for 1200 pounds on the old business account that I left with some money in the account. I've lived abroad for a couple of years now,and have sent a CCA letter to the DCA,Metropolitan of Birmingham. The real questions are: Can Hsbc do this? What do I do next, I have a current account that I pay my UK mortgage with,and don't want to find they raid that one as well !! Is the CCa a wate of time,since the debt is now apportioned to a business account-clever of them,maybe?! HELP !!
  7. I am accused of trespassing into a neighbour's garden and cutting down 5 trees.....however the trees were in my garden and were planted by my father 32 years ago. The Claimants are asking for £14,500 I have been served a claim and I have returned the service of acknowledgement I have prepared a lengthy defense including photographic evidence and witness statements. I had a visit from a chartered surveyor yesterday who has told me not to submit a full defence but rather a letter stating that I have a surveyor who will make a statement and complete drawing to support my defence. He also thinks I should make a counter claim to recover costs and damages, which we weren't planning as we just want it all to go away I need to send in my defence today....How complete should it be? Pleas help!! Sara
  8. Hi everyone I wonder if you can help. I've scanned the Nationwide thread and can't find anyone who seems to be in a similar situation as me, so I hoped you may have some advice or could point me at nyone who may be in a similar position. I had a Nationwide Credit Card that went into arrears at some point between Dec 2008 and February 2009 (so unfortunately not Statute Barred yet) Over the years I've had numerous agencies chase this debt and unfortunately being a mixture of disorganised and a bit lazy I never got round to sending any letters to these agencies to dispute the debt The various letters from agencies started in June 2009 was with KPR who I understand are Nationwide's internal collection agency, followed by: Roxburghe - October 2009 Graham White Solictitors - Nov 2009 Wescot - May 2010 Nelson Guest and Partners Solicitors - June 2010 I then received a notice of assignment from Nationwide and MKDP in October 2011 saying that the debt was legally assigned to MKDP on 30th September 2011 Following that I have further letters from: MKRR - Nov 2011, Dec 2011, Jan 2012 Raven Recoveries - March 2012, May 2012, June 2012 Keynes Collections - Dec 2013 (Notice of Intended Legal Action) This morning I received a notice from the county court in Northampton with the following claim details: "The Claimant claims the sum of being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Nationwide. The Defendant's account number was XXXX and was assigned on 10/10/2011, notice of this has been provided to the Defendant. 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 and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction" i have until 29th March to respond and I have no idea what the best course of action is or even if I have any recourse at all at this point, so any helpful advice would be appreciated Many Thanks Syd
  9. I got a ticket in (Wiltshire) Morrison's in September. Had been seriously ill and was at the docs that day then returned to the car (after shopping in Ms) 8mins late - I was also very new to the area having just moved and discovered their ticket wanting 50 quid. I send a letter explaining the situation with a cheque for £4 which measured against the council car park was double what I'd have paid had I parked there, 50 quid for being 8mins late under the circumstances was outrageous. I shouldn't have sent the letter..now I've entered into a contract with them right. Anyway I followed the advice online to ignore them and hey the letters are going to my parents home address which they rent out and they were okay with CP plus sending their mail there. Last letter I received said something about solicitors and court, they also sent my cheque back - I ignored those letters too. Long story cut short, I'm moving back to the county where the letters are being sent to. I just had an email from my old landlord who I'll be (hopefully) renting from again but he sent an email out stating so long as I have no debts or COUNTY COURT orders on me, moving back is no problem. As I have no idea if CP plus have tried to take me to court I'm asking you guys, have they actually taken anyone to court? Can they screw up your application to rent? Any advice would be appreciated - and I know, I shouldn't have wrote to them..thought I was doing the right thing.. Cheers!
  10. I was taken to small claims court and I lost, the reason that I lost was that the claimant lied in court and the judge completely ignored my evidences and witness statement, also the claimant in question was my former tutor and I got some advice from a solicitor friend and the solicitor says that the judge was bias to the teacher and automatically believe in the words of a retired tutor and ignored the students side of the story, so at the end of the hearing I asked the judge for an appeal. She asked why and I then said that the tutor made false allegation and she did not present any proof to her allegations and the judge refused my appeal and said that I have to ask permission from another court and that I have to pay what I owe, so basically the solicitor said for me to forget about because will ended too costly and a judge will not grant us a permission to appeal because that means going against another judges opinion and I only have 21 days to appeal and before appealing I have to ask permission from the court to appeal and time is against me. So I was given 14 days to pay and I said to the judge I’m unemployed and I do not received any benefits and she simply ignored and said well you have to search online at the small claims website. So now my question is how can I get out of this situation without paying my ex tutor because she lied, so she does not deserve the money? The woman in question took me and my friend to court and my friend is employed and will be able to pay her even thou we both agreed that were stitched up by the teacher, but my friend has a mortgage and cannot have a CCJ, on my case I’m unemployed and I absolutely do not want pay this teacher back, I much rather take the money when I have and give to charity. The only reason the teacher won in court was because she lied and she told the judge that at the time she was a retired teacher working for free foe the University and she never mentioned to the judge or to the court that besides her retirement from teaching she is owns a investment company and she is the director of the company. In court she played the poor pensioner and the money that she’s allegedly say that we owe was for accommodation costs for a field trip to a foreigner country, when we were promised by her that in regards of food and accommodation costs we will not be spending a penny because we’ll be taken care by a the association that we went to work for, but when we arrived there the teacher denied everything and everything that she promised was a lied and she paid and said that we would sort it out once we are back. In court she said that we arrived in a foreign country without money and she said that we were offered free accommodation but refused and asked to be taken to the hotel, so the judge thought that we were taking advantage of this 66 year old lady and ordered us to pay the now £254,00 Without the permission to appeal and completely ignored mine and the other defendants evidences and a signed document accepting our staying for free at the charity association. Plus 3 days before our hearing the teacher contacted my witness and said for them to change their statement otherwise she will drag them to court and the judge completely ignore the fact that the teacher blackmailed the other students and she also asked them to write a statement in her favour. I'm a very honest person and I believe in honesty but the tutor made so many false allegation, she even said that we all have criminal records and I asked the judge to ask for proof of that because myself and the other defendant do not have any criminal records and amongst other lies in which she has no proof to what she’s alleging, but guess what the judge just absolutely believed in the words of a teacher with a PhD and ignore the students. I’m still in shock with the judge’s decision and the fact that a former tutor made up so many lies I do not believe that was a fair decision made by the biased judge. So what should I do? Thanks everyone for reading my lengthy post.
  11. Hi, I went to the court with my landlord who served me a section 21 notice and my defence was that this last did not protected the my deposit nor returned it but surprisingly the judge has given the order for possession to my landlord. As a result, I am making an appeal and for this purpose I am filing the form N161. However, I would like to know in my case, regarding the field "Nature of the decision you wish to appeal" which of the following I have to choose (the judge refused my first appeal at the hearing and gave me a copy of a document called "Reasons for allowing or refusing permission to appeal") : - Case management decision - Final decision - Grant or refusal of interim relief - A previous appeal decision Thanks in advance for your help,
  12. Hello, This is my first post here so forgive me if i don’t get it exactly right, but using some of the threads I have read as examples of what is needed so I have tried to keep it concise. I really could use some help please. I have received a claim through the county court for an account that I had back in 2006 with HSBC. The claimant is stated as Reston’s Solicitors acting on behalf of MARLIN EUROPE I. I have submitted my AOS online and intend to defend the whole amount as I believe it is made up mostly of charges from when I was a student. However, I’m at a loss as of what to do next in terms of preparing my defence and could use a bit of direction from the good folk on CAG. I understand that a bit of background is necessary, so here goes... According Experian the account was recorded as being in default in 2010. I have not been in / had any contact with HSBC since 2008 given that I have lived at several addresses since then and only registered at my current address on the electoral role last year (probably why this has now escalated!) I have kept a copy of all the correspondence received since 2010. Chronology of 20/03/2011 MOORCROFT DEBT RECOVERY LTD - Discount offer letter (I did not respond) 17/06/2011 WESTCOT - Door Step Notice Collection Letter (I did not respond. They did not show up) Jan 2013 HSBC- sent a letter saying MARLIN FINANCIAL SERVICES had been passed the account (I did not respond) 12/03/2013 MARLIN FINANCIAL SERVICES – “please contact us to discuss repayment” (I did not respond) 25/03/2013 MARLIN FINANCIAL SERVICES – “reminder” (I did not respond) 05/05/2013 MARLIN FINANCIAL SERVICES - “we’re going to get the solicitors involved” (I did not respond) 08/05/2013 – MARLIN FINANCIAL SERVICES – Notice of Change of Agent (I did not respond) 10/05/2013 – RESTON SOLICITORS – “you have until the 24th of May or we will commence action” (I responded, see below) After reading some threads on the CAG forums the sensible in my view was to request a copy of the original credit agreement. I sent a letter on 17th May 2013 to Reston solicitors using a template from CAG and asking them to provide me with a true copy of the credit agreement und CCA 1974 stating; s.78(1), s.77(6), s.175, and s.189. I also drew their attention to s5(2), 3(b), 6 and 7 of the CPUTR (2008). I included a postal order for £1 and sent it by recorded delivery (I have all of these) and I did not sign the letter as I have heard they can use your signature on other documents. On the 20th of May Restons responded, returning my payment and stating that they could not process my request without my signature. I then responded on 22nd of May saying that there was no legal requirement to provide a signature and that my original request still stands and that I would expect a response by the 3rd of June in line with their legal obligation under my original request. I included the returned postal order and a copy of the original letter. Again, this was sent by recorded delivery. Restons then responded on the 3rd of June, once more stating that they would not acknowledge receipt of my request without a signature. They also returned my Postal Order. A bit of further reading on the CAG threads seemed to suggest that I had done the right thing for now and that I should sit on it at this point... so I did. Then on the 18/06/2013 a letter arrived at my old address (I have now changed address but old house mate passed it on to me – thank god!) with the County Court Claim. The POC on the claim form states: “The Claimant Claims payment of the overdue balance due from Defendant(s) under a contract between the Defendant(s) a nd HSBC Bank Plc dated on or about 26/07/2006 and assigned to the claimant on 20/02/2013 in the sum of £3212.91 PARTICULARS a/c:- (account number) which i don’t recognise. DATE: 08/05/2013 ITEM: Default Balance VALUE:£3212.91 Post Refrl Cr NIL No other documents were included other than what looks to be the standard Claim documents. I have submitted my Acknowledgement of Service on line, as I said earlier, now I need some help with how to go about; A) Getting the information I need in order to put a reasonable defence together i.e. CCA and details of the account history including a detailed breakdown of charges on the account and how these have been calculated. Especially given the refusal to provide it in the past (see above); and B) What are the next steps for me to do to ensure that I am fully equipped to defend this in the County Court? I’d like to also thank everyone who has added info on this site in the past. It has been invaluable and I would like to thank anyone in advance of any help/advice they can give me. CHEERS! I’ll keep this up to date and respond within a few hours of any posts
  13. Hello,I'm hoping I can get some insight on my current situation with my Local AuthorityI've been a Council tenant since 2006 (my agreement is secured) - the property is a house flat; I'm on the ground with a tenant above and below meIn Oct 2008 on returning from work my living room had sprung a leak from the drop down/ boxed in area of the ceiling - was reported to the repairs team, plumbers & surveyors came out took a look and I was told it was fixed.In Oct 2012 again on returning home from work the leak had happened again and again plumbers and surveyors came outThe Council had said that the cause was the tenants washing machine upstairs not connected properly and the plumber rectified the leak upstairs/ flushed out the pipesIn a series of letters back & forth mainly with my concern that the same place had leaked twice I enquired as to how they fixed it the 1st time (2008) and how they've gone about fixing it this time round. They were and have been very reluctant to open the drop down ceiling box where the water penetrated. Saying it was not necessaryAt one point they said that the leak was caused by the front canopy roof - that was not the case on my investigation as the front canopy roof covered the bay front window onlyIn the end I done a Subject Access Request (Data Protection) and a Freedom Of Information request to see what info is held in regards to all repairs on the flatMy paperwork received showed that their internal systems contradicted what I was in fact told about the repair of the leak. There was no actual evidence or a logging of a repair job to stipulate that the leak source was found and remedied. I actually found a job logged saying 'source of leak unknown'I believe that 1. The Council is stalling on fully carrying out the repairs to the property (due to possibly cost and inconvenience)2. That the 2008 issue was in fact never remedied and instead left open to abuse as so it leaked again 2013. They had not even patched up the ceiling from the 2008 leakThey have continued in letters to refuse and acknowledge any wrong doing instead repeating that I was told 'X,Y & Z' by the Housing Repair teamI mistakenly wrote a 'letter before court action' documenting everything from 2008 till this year (when they finally repaired the ceiling Feb 2013) showing all evidence collated that what they have presented to me is in fact falseHaving re-read the Councils Complaints Guide I am within my right to ask the Chief Exec to investigate - thing is do I initiate Stage 3? As the Council have always kept my letters at Stage 2 and where its carried over from Oct 2012 to now. They still insist in calling the letters 'Stage 2 - Follow On'. As if to prevent me from taking it furtherAn idea of mine was to Subject Access Request or/ and F.O.I the external contractors used - KIERS, as they submit the work back to the Council on inspection and the Council gives it the OK or not. I am convinced that there is a job that the Council refused Kiers to undertakeMy help needed there is to what is the best question to ask so that I fully cover myself as there is a £10 charge I want to ensure that I get it rightI have a catalogue of evidence/ information collected - photo's 2008 & 2012, video taken of the water cleanup (2013), video footage taken when it leaked again and a list of missed appointments which cost me wagesAll help is much appreciatedRobin
  14. Hi all Im in a bit of a panic, I have received two claim forms this morning both from Northampton County Court where the claimant is Marlin Europe II Limited, the original debt is from Lloyds Tsb Bank PLC on the first one it says: The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Lloyds Tsb Bank Plc dated on or about 23/04/2004 and assigned to the claimant on 31/10/2012 in the sum of £1563.45 and on the second: The claimant claims payment of the overdue balance set our below which the defendant have failed to pay as required under contracts with the following particulars acc no xxxxxxxx and acc no xxxxxxx between the defendant and lloyds tsb bank plc dated on or about 30/09/2004 and 26/03/2001 respectively. The contracts were assigned to the claimant on 31/10/2012. I changed banks in March 2007 due to increasing bank charges after my husband left me. now my question is what do I do now? I have literally no money left over at the end of the week to pay anything, but I am panicking as it is now with the courts. Thanks Lou
  15. Hi, could someone help please? About 18 months ago I received a parking ticket from Civil Enforcement Limited. I went online and the advice was to ignore it.. I did but now I have a county court claim against me for £373.00. I have now been told my credit rating is very poor, what can I do?
  16. Hi all, today I've recieved a Court claim (Northampton) from Howard Cohen on behalf of Santander. The amount they are claiming is £174.09, from an old dorothy perkins/ GE Capital storecard. I intend to try to counter claim but not sure exactly how to go about it Basically I SAR'd them in January this year and they sent a copy of the agreement and a few statements. From the statements they did send, I was able to work out that I have already paid around £2,000, including PPI which I tried to cancel twice. Three things were purchased on this card in total amounting to less than £100. Yet even after I cancelled the store card I was still paying PPI on a balance entirely made up from late charges and PPI! Is it worth counter claiming? Any help appreciated, Ally
  17. Hello, I have a county court claim form (scan of front page attached) filed by Drydensfairfax with Arrow Global Guernsey Limited as the claimant. The claim is for £10,478.26 + costs + fee = £10,768.26. This is for the MBNA credit card which I originally asked for assistance concerning in Feb 2011 (see posthttp://www.consumeractiongroup.co.uk/forum/showthread.php?293514-MBNA-Allied-International-Credit&highlight= - that was with AIG and I never received a response to the SAR request at that time. I wasn't aware that the debt had been transferred to Arrow Global since. I have received some letters from Drydensfairfax but ignored them, probably should have dealt with it then. The claim was issued on the 16th October. I filed an acknowledgment and intention to defend the full claim on the 2nd November. I have today (12th) sent off the CPR31.14 request, also attached - recorded delivery. This was taken from the consumer wiki /index.php/DCA:_Using_CPR_31.14_to_Your_Advantage The question I have, which I'm not quite sure on the answer to despite having read as much as I can on this excellent forum, is what should I do about the 28-day deadline to file a defence which falls due on the 18th. Well, for a start the 18th is a Sunday, so will the deadline be on the Friday 16th or Monday 19th? Shall I file a defence like the one put together by "southernjessy" on /forum/showthread.php?366533-Bryan-Carter-Arrow-Global-County-Court-Claim&p=3993765&viewfull=1#post3993765 ? Is there anything I should do or need to know about? I did NOT take out PPI on this card, I know that for a fact. There were quite a lot of charges applied, however, but I don't know the full value - I can possible find out if I still have old statements. Is that worth doing? Very much appreciate and replies, advice and pointers. And once again, thanks to everyone involved in this forum - it's been invaluable to me at various points over the past few years! Stewart Original thread http://www.consumeractiongroup.co.uk/forum/showthread.php?293514-MBNA-Allied-International-Credit&highlight=
  18. Was in Court back in May to suspend an eviction. Arrears of £2800, monthly payment of £498. Agreed to repay contractual payment plus £150 per month to clear the arrears and a £500 sum within 7 days. Paid the £500 on the 5th day. Paid £650 for the following 2 months. Then, Augusts payment was only £450. I paid £200 & £250 in seperate online banking transactions. We sent a £200 cheque, which was never cashed. This months repayment of £650 was made in 1 transaction on the online banking the day it was due. Then this morning received an eviction date of the 16th October. The mortgage is in my Mum's name, I'm her son and my fiance also lives here. We have a 3 week old baby too. We can comfortably pay the £650. We only got into arrears in the first place because I stopped working due to illness. I'm fine with the income and expenditure bits, and the rest of the N244. But could someone help me with a statement please? We have nowhere else to go and it seems rediculous that the bank (Leeds Building Society) want to evict when we can pay. I was quite confident that the judge would be kind the last time we went for the N244 hearing. I'm not so sure this time. I have a family member I could approach to borrow some money to clear all the arrears. Is it worth me taking a statement from them with proof of funds (A bank statement) in case the judge will not accept us continuing with the £150 per month towards the arrears. Thanks everyone for your great help!
  19. Hi, hope you can help. DCA (Sigma) has issued a summons against me, the debt from an HSBC Overdraft Account having been sold to them: Fist port of call was forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED P.o.C (Particulars of Claim) NOTE: Cant post links yet but this provides additional info forum/showthread.php?349072-HSBC-DCA-has-issued-summons-for-interest-on-default-notice&p=3829736&viewfull=1#post3829736 forum/showthread.php?139265-Bryan-Carter-And-solicitors-how-to-defend-ccj-claim**WON**&p=1481366&viewfull=1#post1481366 The PoC does not include any section like: forum/showthread.php?139265-Bryan-Carter-And-solicitors-how-to-defend-ccj-claim**WON**&p=1481443&viewfull=1#post1481443 Step 1 is to look at the response pack ...normally these things go through Northampton which is an online system.. make sure to acknowledge the claim in the time frame ... this is the acknowledgement of service (I said I will defend claim in full and ask for 28 days) Step 2 write to the claimaint (note this is likely the address for sending documents and payents and will be different) I used the following thread and advice: So I have requested CPR and will also request a CCA CCA - Section 5 | Sample Letters - nationaldebtline.co.uk/england_wales/debt_advice.php#6 CPR - forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage CPR - forum/showthread.php?139265-Bryan-Carter-And-solicitors-how-to-defend-ccj-claim**WON**&p=1493642&viewfull=1#post1493642 Can I get clarification wether my PoC would be seen as a Split Claim? I feel it is but... I will update this thread as this progesses for the benefit of others
  20. Hello! I owe just over £250 to a man I bought items from. Through no fault of his I failed to pay half of what I owed due to falling into unforeseen financial problems (I only paid around £250 when I should have paid a total of £500). The man took me to the County Court and I've been ordered to pay the amount plus £25 costs. I've not yet paid because I can't afford to pay in full for another 3 weeks. Judgment has not been entered against me - I checked with the court. Today I got the following email from the man: "Dear XXX In anticipation of a ruling by the County Court and subsequent CCJ being registered against you, we have approached a firm of bailiffs who will be charged with enforcing the debt. Their fees will be added to the sum owed and will significantly increase the amount owed. They estimate the sum to be a minimum of £800. We will also be writing to XXX, the owners of XXX. [the landlord who owns the flat I'm renting] A CCJ against you will impact your credit rating and will seriously affect your ability to obtain credit in future. There is little possibility that we can cancel the instruction to the bailiff at this stage. In the event that the debt is settled in full within 7 days we will attempt to halt further proceedings. We cannot guarantee that some or all of their fees will not still be payable. You have our bank details from our previous correspondence. Please advise immediately that payment is remitted so we may contact the bailiff." Now I've spoken to the Court since receiving this email and the woman I spoke to at the court said that a bailiff can't enforce anything considering there is no judgment against me. They also said that even if judgment is entered against me in future this man would have to go through the process of obtaining a Warrant of Execution before he could send a bailiff out and that even then it would be up to me whether I decided to let the bailiff enter my home or not. She claimed the Creditor is saying these things to me to frighten me. So why is this Creditor telling what appear to be complete lies? I have made a formal offer to repay the debt in three weekly instalments, clearing the entire debt by the first week of August. He seems more interested in simply venting his anger at me at this stage and emailing me with endless threats (constant threats that bailiffs will be at my door imminently and now this threat to harass my landlord). What would you advise?
  21. I have been paying CL finance on a regular basis for about a year but in March i missed a payment and April too, i called today to pay what i had missed and continue my payment plan and they said i had to pay the full amount with in 3 months as court proceedings had already started to issue me with a CCJ. I have received letters but about taking me to court but i ignored them as i thought they wouldnt do it. The amount was £980 but has gone up to around £1180 with fee added on for letters and solicitor fees, i could afford to pay it in around 10 months but not 3. I have checked my credit report and CL Finance do own the debt even though it was originally a Debenhams store card, I dont want to go to court and they seem adamant i cannot start a new payment plan, what can i do?
  22. Hi everyone Can someone help with a query re different courts and debt? I had a costs certificate issued from London regarding a case I am still fighting. I applied for this to be set aside as the matter isn't finished. The hearing will take place in two weeks about this. However, today I received an Order of recovery of award from my local court. I am confused and not sure what to do next Scott
  23. Hiya! I was wondering if anyone could help me. I apologise if any of this has been asked before. Basically, my boyfriend moved in with the flatmate from hell last year and now she owes approximately £1,300 to date in unpaid rent, utilities, council tax and other miscellaneous expenses that they agreed to each pay half of whilst living together. We have already sent a letter of intent and she has not replied (it's confirmed she's received it) and the month we gave her in the letter to respond has run out. I have a couple of questions about the N1 form: 1) My boyfriend is still paying the full amount of rent on the property as the contract is not up yet. Is it possible to sue for money that has not yet been charged to my boyfriend, but he will have to pay in the next few months? Or would that require another court case? If it is possible, how would this be written in the particulars of claim? 2) The ex-flatmate owes a significant amount of money from many different charges. Do all of these have to be referenced individually in the particulars of claim? How do I reference? 3) I made an Excel document breaking down the amount of money the ex-flatmate gave vs. the amount she owes. All the information was taken from my boyfriends bank details. Would it be useful or a good idea to send this off with the N1 form? Thank you very, very much for any help you can give me with this! AB
  24. Dear All hope you are well , I am new here , I got hearing court on 9th Feb 2011 . I am disputing bailiff expenses and charge certificate and order for recovery to revoke . this is copy of my statement : I am writing this letter as a support statement to my case filled on N244 form explaining the series of events that took place after receiving an initial Penalty Charge Notice on the 29-11-2010. Once I had received the PCN I appealed the charge on the 05-12-2010 stating why the ticket was issued to me incorrectly. (Evidence attached) to which I received a reply from the borough of Hammersmith and Fulham on the 15-12-2010 stating that the PCN that was issued was issued correctly and I have 14 days from the 15-12-2010 to pay a reduced fee of £60 or I would have to pay the full £120 after those 14 days. The letter also mentioned that if I did want to make a formal appeal against the PCN I would have to wait to receive a ‘Notice to Owner’. On 06-01-2011 I received the Notice to Owner from the Borough of Hammersmith and Fulham which again stated the PCN and also stated that I had to either pay the amount of £120 with in the 28 days or failure to do so would results in a Charge Certificate being issued and an increase the amount by 50% making it a total amount of £180, to avoid this increase a representation would have to be made within the 28 days of the letter being issued. On the 21-01-2011 I made a representation to the Borough of Hammersmith and Fulham using the guidelines that were provided for me on the ‘Notice to Owner’. I also asked them to pass the case to PATAS for further investigation and appealing process, furthermore on the same date I sent out another letter officially informing them that I will be changing my address in a month time and mentioning the new address. After I had moved to my new address I sent the relevant forms to the DVLA so as to update my address on time which was processed successfully. (Evidence available) after this I had not heard anything regarding my appeals from any organisation I called the Parking Service Department of the London Hammersmith and Fulham Borough to make sure they had received my updated address and follow up the case as it has been a while since I had received any correspondence. The agent that I spoke to advised me that they do not deal with any case over the phone and any information regarding any vehicles address will be taken from the DVLA in any stage of the procedures, to which I was assumed that the delays with correspondence was due to the fact that there was an address change and the case was determined as successful as my evidence was strong. On 18-10-2011 I went to use my car and I noticed there was a bicycle chain around the front wheel – driver side, with a sticker on my car window asking me to contact a Mr. Anderson. I tried calling the mobile number on the sticker that was stuck on my window but it kept on going to voicemail and there was no reason to why the vehicle should have a bicycle chain on its wheel. I assumed it was illegal clampers trying to operate in the complex where I live. As I live in a gated community with private car park I asked the security and they did not have any idea who and when this chain was placed on the car, as all visitors have to check into security to gain access to the property and no one had regarding this matter . As this become more suspicious I turn to the local police station Ealing Police Station and called the police to report criminal damage to my vehicle. (Police ref no: CAD10009/181011 – Evidence Available) they also advised me to wait till the morning so as I could check with the person who clamped the car why the vehicle was clamped with a bicycle chain, which was strange for police as well but they could not intervene as ‘clamping’ is regarded as a civil matter/dispute. The next morning I called the mobile number on the sticker and I was told that the clamp was put on my vehicle due to the PCN fine that was issued to me on the 29-11-2010. I was shocked as I assumed all matter regarding this issues were solved as I did not receive any correspondence after the change of address or received any other notice that the vehicle will be clamped or I had an outstanding amount that I had to pay. After this event I filled in the Out Of Time Application to Traffic Enforcement Centre under the section of the London Borough Parking Contravention act of: “ I made representation about the penalty charge to the local authority concerned within 28 days of the service of the Notice to Owner, but did not receive a rejection notice” On the 20-10-2011 the bailiff came and removed the chain from my vehicle and I then filed an Out Of Time Application to which I received an answer of rejection on 17-11-2011 reason stating that I had received prior notice regarding the outstanding balance of my vehicle in the DVLA registered address from Local authority and bailiff, which is un-true. The statement above is backed up by the email that was sent by the local authority of Hammersmith and Fulham to the Traffic Enforcement Centre County Court Bulk Centre stating that “it is the legal responsibility of the registered keeper of a vehicle to inform the DVLA promptly of any changes relating to that vehicle. Indeed the law requires to presume that the details of the person registered at the DVLA is correct… the bailiff has also wrote to the respondent and attended at the registered address twice. ” I had updated my details and the vehicle details with the DVLA (evidence available) and also called them to ask them regarding this matter previously to which an agent replied that any information regarding the address change of a vehicle will be collected from the DVLA and as all my documentation was completed on time with the DVLA there should have been no reason why my correspondence should have been sent to my previous address and this case to take so long to get resolved. Also the only reason I had received the Notice Of Seizure of Goods & Inventory was due to the fact that it was stuck on the door of my old address and was given to the security by the current resident of that address. Leaving a letter open with all my details to be seen is a break of the Data Protection Act and it is embarrassing if one of my neighbours that might know me would have read it, the bailiffs should have given me proper notice and a final Notice of Seizure if it did reach that far to my new address as in my opinion they must have had my address as my vehicle was clamped in my new address in a separate car park. Although I did move in the same complex, the complex holds over 1000 residents and for the bailiff company to be able to locate the particular parking (my car) within such a large complex without confirmation with the security team in my new address signifies the fact that they should have had my new address and should have served me any notices at my new address. I kindly ask the court to review the court officers’ order at the Traffic Enforcement Centre and to review the refusal of my Out Of Time Statutory Declaration at a hearing. Due to the fact that I did not receive any correspondence to my new address after appealing against the Notice to the Owner and the bailiff should have had my new address and should have been able to send me any correspondence to my new address if they were able to clamp my vehicle in my new car park. I kindly ask the court to grant my application to have the bailiff expenses, Order for Recovery and Charge Certificate revoked. As this is a large amount and I am a full tie student and it is unfair as I filled all my paperwork on time. Thank you for your time and any evidence required regarding this matter is available on request. and sent their statement to me as well AND ALSO THEIR INVOICE for solicitor which cost £400 plus VAT which If I wont successful i need to pay this invoice as well I can send their statement as well if needed please help
  25. Hi CAG Colleagues I had a debt with BT to the tune of £480.00 which has now been cleared. Past Due Credit Solutions have added on top of this debt £131.46 in admin fees - to stress, I have not paid this. To cut a long story short, I wrote to them in June 2011 asking for a full breakdown of their fees. A few days later, I received an acknowledgement letter and that it would look into the matter. However, I was also warned that as the debt belonged to them, there will be admin fees levied as per the BT contract, citing their 'reasonable' fees (I think not!), and PD will reply in 10 working days. Then, nothing.....until the 15th December, when I received another letter from them, requesting the same amount which they promised to investigate. I wrote a complaint letter to them, stating that it was their responsibility to adhere to deadlines, and requesting another breakdown. I also cited the OFT Leaflet 664 Sec 2.9 Debt Collection Guidance. I then received another letter from PD on the 29th December, offering me a lower payment offer of £98.06. I rang the OFT, who advised me to ring the Telephone Ombudsman. I can't do that as I have not made a complaint to BT. Also rang Consumer Direct, who were stuck as they could not find any legislation on what is termed as 'reasonable', and only a CC Judge can only make the final decision. I have dealt with Debt Collection Agencies in the past, and they have been happy to waive the admin fees as soon as you mention the words OFT. For some reason, Past Due seem to be ignoring this. Any ideas would be greatly appreciated. Cheers.
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