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Found 1,922 results

  1. Hi I received a county court claim from Lowell Portfoloio on 12th December 2018 regarding a debt with Vodafone, I made AOS on 18th December. POC 1) The defendant entered into an agreement with Vodafone under the account reference ******** ('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 28/02/2018 and notice was given to the Defendant. 4) Despite repeated requests for the payment, the sum of £xxxx remains due and outstanding. And the Claimant claims a) The said sum of £xxxx b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of £0.251, but limited to one year, being £71.76 c) Costs I would really appreciate some advise for the next stage. Many thanks. Roland
  2. 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
  3. Hello About 3 years ago I had an issue with my pension provider and as a result placed an SAR with them, however they employed delay tactics and required various forms and ID documents to be completed. I know I should have done but never pursued the request. However under the new GDPR I submitted another SAR on the 30 May, recorded mail and signed for by them. They never acknowledged my request and never acknowledged a reminder I sent to them. Needless to say they have not complied. I intend to issue a claim in the County Court as well as reporting them to the ICO. I have issued a LBA informing them I will start proceedings after the 14 days of the date of my LBA and at the same time report them to the ICO. Question is, what will be the nature of the claim, I am not after the £'s, I just want the breach against them to be recorded and I want my personal data from them. Also should I report them to the ICO before pursuing a Court claim?
  4. Hi all, Bit of back story to my questions: I'm a director of a webhosting company, and one of our payment processors we use is called Payza, which is similar to Paypal and very useful for people who live in countries not serviced by Paypal. Around about the 21st of March, the U.S. Department of Justice (DoJ) has filed a lawsuit against digital payment processor Payza for allegedly operating an unlicensed money service business that processed more than $250 million in transactions. Now looking at Payza's structure, they operate under several shady layers it seems. The company uses terms such as "servicing" companies, but all are ultimately falling under a UK Ltd company called MH Pillars Ltd. MH Pillars Ltd has had a few address changes recently, but now the latest registered address for them is an accountant's office. I tried to withdraw funds from our "ewallet" on the 21st of March, and a few small transactions went through, now I have nearly £5000 still stuck in my "ewallet" and the site is not allowing withdrawals. Each day the withdrawal requests remain "Pending" with a due date that just keeps on extending. Their support team no longer respond to emails, and they are not active on their Social Media accounts on Twitter and Facebook anymore. Anyone have suggestions please? What are the merits of sending a LBA to their accountants, and then a county court claim to their accountants as well? Would I just be wasting my money as accountants could just turn around and say nothing to do with us!
  5. Hi Folks, Been disputing a debt with Cabot for some time and eventually it has been issued as a claim to which I have responded as per the guidance in the forum. Very helpful thank you. So back in December 2018 I filled out my AOC and then 31CPR and then my Defence. Today I received a letter from Cabot chasing the debt asking me to pay, are they allowed to send me a letter to collect when it has now been escalated to a court case? Where do I stand? Any thoughts, guidance, greatly and warmly received. Thanks.
  6. Hi, just had this arrive over the weekend In order for us to help you we require the following information:- Name of the Claimant ? Hoist Finance UK Holdings Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 19th Feb 2019 Particulars of Claim The claim is for the sum of £5xxx.xx in respect of monies owing under an agreement with the account number: 12345 pursuant to the consumer credit act 1974 (CCA). The debt was legally assigned by Hoist Portfolio Holding (EX Aqua) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA The claimant claims 1. The sum of £5xxx.xx 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? £5xxx.xx Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? After Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser 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? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Down turn in business What was the date of your last payment? Mid 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? Was in DMP but had trouble with them. Thanks
  7. 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?
  8. Hi guys/gals its been awhile since I posted and needed any help so bare with me. Lowell have bought an old Vanquis debt, I have had loads of letters and ignored them, I haven't had any contact with them on the phone either so I've not acknowledged any thing. On Saturday received court papers, I have registered with money claim AOS as I want to defend. I was told about a 3 letter process to send to Lowells solicitor but don't know what the letters are. Any help greatly appreciated, thanks.
  9. Hi everyone, following on from extremely similar cases, i requested documentation for service charges of a flat i own. Accordingly to regulations (Landlord and Tenant Act 1985 Section 21, as amended by the Commonhold and Leasehold Reform Act 2002 Section 152) they should have provided evidence within 21 days. 25 days later they sent me some receipts making up 25% of the charges. I asked them if that was all they had for that financial year and they confirmed this. So I had these checked and found usual irregularities like wrong calculations for shares and of course all the missing receipts and invoices for many of the services allegedly offered. For example, lift maintenance is £1000, divided by 10 flats they make it £15. Clearly wrong to me and you, but of course their calculators seem to consider maths an opinion. They don't dispute that these calculations are wrong, but they simply avoid addressing the problem. I asked for a refund of all undocumented charges and overcharged, same as I did with other financial years which they refunded. As soon as they received this request they sent another 3 receipts totalling £20 approx; this was well after the statutory 21 days. I rejected these receipt and told them that I was not in a position to accept any further documents because they had already confirmed that they didn't have anymore and the 21 days had passed long time ago. So they're now playing the ignore game and, as the 14 days I gave them are up tomorrow, I am drafting a lba. If you are still reading I thank you, I know it's a bit long but I wanted you to have a good picture. I have a feeling that this time I will end up taking them to court, so I don't want to make any mistake. My question is: Accordingly to the pre action protocol I should suggest an alternative dispute resolution service, however I don't want to give them an opportunity to get the Ombudsman involved, knowing that they are useless. Can I avoid mentioning ADR in my lba? If I do, could they claim that I haven't complied to the letter of the pre action protocol? Or by ticking yes to mediation on mcol I should be ok? Thanks for your help.
  10. 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
  11. I am a small independent skincare maker. I purchased the service of MyHermes to collect and deliver 4 parcels of wholesale skincare goods to a stockist, and 3 were lost. * 2 parcels had their last scan at the Hermes depot Jun 1st '18, and haven't been seen since. * 1 parcel made it to the destination OK. * 1 parcel was said to have been delivered but was never received, and at some point I was told the delivery scan happened on the other side of town to where the parcel was supposed to go. MyHermes say they've conducted multiple sweeps of the warehouse and can't find them, and have offered me £50 only as a 'good will gesture', which is insulting. I have taken the case through the small claims procedure and it’s been moved from different courts/online to court / different judges etc, and finally now there is a hearing date. I was hoping to settle this without a hearing as I don’t have a lawyer. Hermes claim as the contents is liquids they don’t cover them in their terms. I labelled the boxes as ‘Skincare’ and they took them anyway. And it’s beside the point what the contents were since the boxes were lost/stolen. I'm claiming for the wholesale price of these goods. The case is for around £4,600 including the court costs. I have to pay another £355 hearing fee now, on top of the few hundred I’ve already paid to make the small claims case. Do I continue? Can I go to a hearing without a lawyer and be successful? Do I have any chance? I’m just so sick of all this. I have only a few days (until the 8th March) to pay the hearing fee so I need to decide ASAP whether this is worth it. I would so so appreciate some help or support from someone who knows much more about this than me!
  12. Hi Redroy. Any luck with obtaining these hire costs back yet? Am asking as it seems I am in the exact same position as you are right now. Ive been told by OCL solicitors that third party are Hi Redroy, any luck with this yet? I am in exact same position as you was last year. Have been told by OCL solicitors that third party are disputing the excessive car hire amount and want to know why i chose to take an expensive car out of hire. I feel trapped as i explained to OCL that One Call insurance deferred me to the hire company and made it seem all seemingless and painless. Now its been 7 months and I am dealing with a court mitigation with third party regarding costs for car hire and injury. This was a 100 percent non fault claim.
  13. I'm posting this on behalf of an elderly gentleman who has absolutely no computer skills. In March he received a Parking fine from Premier Park for 15mins in a local carpark. He swears the machine wasn't working on the day but has no independent witnesses. He spent 15mins looking at the instructions including when he went out of the carpark to see where the nearest phone box was. when he realised it was too far he came back and drove out. I'll attach the correspondence to this post. I helped him draft letters based on forums we'd looked at. Premier Park were useless to say the least. Unfortunately he didn't get his POPLA appeal in in time (i.e. by a few days and although POPLA state appeals might be submitted late, they don't make it easy), and there is a letter attached showing how they were less than useless with this also. We are now at the County Court stage. Is it worth fighting it further or just paying the £235? 1. the claim has been filed in Exeter and the gentleman has a heart condition so cannot travel that far, his nearest court is in Liverpool. he was served on the 3rd. does the 14days mean he can apply to change courts. 2. Is it possible to have the charge reduced? the first time Premier Park even mention checking the machine to see if it works is the their court statement, if he'd known before maybe he might have thought there was an issue with the coin and paid the original £60/£100. He's still adamant it wasn't working. 3. I didn't include the POPLA complaint form as it's the same as the original letter. Thanks in advance Popla complaint redacted 15:6.pdf Popla complaint ADR redacted 18:7.pdf Premier Park Case.pdf
  14. Hi, I am extremely worried about the possible eviction. I have mortgage with Birmingham Midshires. I live in the property with my mother who is 68, wife and four children age from 1 to 6. Back in 2009 I had mortgage arrears for which court granted the suspended repossession order on the terms that I pay £100 towards the arrears every month. which I did. After some time the lender capitalized the arrears. After few years i got in arrears again but situation got worse because how the payment team at lender dealt with my account. I made complaint on 2 occasions. My complaint was resolved by awarding me the payment of £100 on one occasion and another time £250. February last year I was in arrears, I contacted the lender but ended up in dispute on the way my account was being handled. I complaint to financial ombudsman. They contacted me and lender few time. Until today i don't know the outcome. Now i have received a letter from court for hearing on 23rd Jan. The lender has applied to the court for the decision on to "The Claimant respectfully requests that the court make the following Order" "The Claimant permission to apply for a Warrant of Possession pursuant to CPR 83.2(3)(a) and that permission shall remain valid for 6 years from the date permission is granted". The arrears are around £13k. I am in a position to make ongoing monthly payment as well as substantial amount towards arrears. Can you please advise what the lender is asking the court? Are they asking for eviction warrant? I am very worried because if the y get the eviction order on the hearing on 23rd i have no where to take my children to. Please help how can I defend this as well as is this hearing for eviction? If so, how soon this can happen? Have i lost all now? Thanks.
  15. I was involved in a non fault accident one call insurance put me on to a company to give me a hire car and reclaim everything from the 3rd party . i had a hire car for 8 weeks i tried to return but wasnt allowed .now after 9 months i have received a.letter saying they havent recovered costs from the third party and are using OCL solicitors to reclaim the debt by court action using my name . has anyone being in this situation . they are asking me to sign forms to authorise this . please help Thanks in advance
  16. 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
  17. Hello, I have today received a letter from High Court Enforcement Group Ltd demanding payment for an old university tuition fee debt. I have recently changed address and I had no idea this had got to the court stage, so I didn't get a chance to respond to the claim. I would like to be able to get this case back in the court system because I would like to defend it. The reason I didn't pay the tution fees is that after one term I realised the course being taught was nothing like what they had detailed in all their marketing. I soon realised that this MA course was not going to help me any further with a career and would just add another £10,000 debt to my student debt already. Had I known that this was at the court stage I would gladly have defended the action against me. I know it's my fault I didn't inform the University of my new address but I am now on long term sick and awaiting treatment. I am in receipt of ESA and in the support group, I get the full benefit after the DWP changed their decision once they had received medical reports. I really hope at the very least my current circumstances will delay the debt process escalating further but I really don't know what to do. I have never been in this situation before and I know once it's at this stage it's very serious. I really didn't need this. I have just about managed to keep up with all my current bills and debts with minimal income but this is something else. Any help or advice would be very gratefully received. Jake
  18. 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
  19. 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
  20. Hi to all. I am going to try and keep this very simple and brief. I was sent a package/gift by my relative. So it was not a online purchase or any of that sort The item was delivered to my apartment complex via Royal Mail signed for service and was received by the concierge who signed for the item and made a log of my parcel and put in a delivery note via my letter box. However when I went to collect my parcel it had disappeared from a secure parcel room. I am not here blaming the concierge stealing the package all I am saying it just disappeared. I spoke to the building management and put in a formal complaint. I contacted the police also who could not do much at this point as no proof of who took the parcel. I wrote endless letters of complaint to the building management company of my apartment complex. Who ignored my complaint s and never responded. I then did a subject access request for the office log sheets containing the acceptance and delivery of my parcel even then they ignored and after my letter to management stating I will make a complaint to the ICO they sent me the documents. I then wrote to the CEO of the company and yet received no response. I had no choice other than to seek financial claim of my missing item via the small claims court. £ under 5000 claim. So The Small Claims court acknowledges my claim and gave until 1st of October for the defender the building management company to acknowledge and put in a defence to my claim. I rang the small courts/money claim centre on the 2nd of October who said they have received no information from the defendant however they are 5 days behind. i had to wait until 7th to find out if they had received any correspondence. I ring up on the 7th and yes they have not received any information. I sent in via email a request for judgment by default on 7th October, received the confirmation email, but again it takes 5 days for it to go through. The judgment by default was sent as the courts had not received any information from the defendant at this point of time. On the 8th of October I received an email from the defendants solicitor stating that there is no contractual relationship between me and the building management, and my particulars of claim are not clear, (I have been extremely clearly in my claim form) and that the claim is misconstrued and vicarious and that the concierge company is separated and are hired separately and in so many words saying it’s not them and trying to shift blame, followed by giving me 2 options, A)discontinue the claim B) agree to an an extension for the defence to allow them a extra 1 month to put in a defence C) And if I do not agree to a or B the building management company would file for a summary judgment strike out as the claim is vicarious. And giving me a 23 hour notice to respond via email only and to seek legal advice. Note I received the email on the 8th at 9pm and was given less than 24 hours to respond via email only by 3pm on the 9th of October. And the defendant will claim between £2500-£3000 In court costs and legal charges etc In a panic and surprise that having not any response up to date and all of a sudden a letter from a solicitor o sort legal advice and was told by my legal team to continue with the judgment by default. On the 14th of October I rang the court and was told the defendant on the 6th of October put in an acknowledgment of service but have until the 15th to put in the defence. So the judgment by default is not valid. But can put in another judgment by default if they don’t receive a defence. That’s the basic of what is going on. Now my question is can the defence claim legal costs via small claims? What advice and help would you suggest. What steps could you suggest I take as I am getting stressed out. Thank you and all response will be appreciated.
  21. 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?
  22. 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.
  23. Any help appreciated I bought a car on HP in 2003, It was beyond my means and I only made 4 repayments -the car was repossed in 2005. I had a company called Marlin ringing me at work constantly and I was bullied into paying £15pm - I moved house and changed banks and the payments stopped in 2013. In 2015 I had letters from Cabot requesting money - over the years I have argued with them over the debt. They say it was assigned to them in 2016 yet I have statements from the original HP company in 2007 showing the balance - so how can they have it assigned if it was still with the original lender. It was due to become statute barred on 01/02/19 - however Mortimer issued an online claim on 27/12/18 - I defended and requested a SAR - they have only sent me 2 out of 9 pages of the credit agreement - which includes PPI and Gap insurance. There are various inconsistencies in the paperwork, dates amounts etc. Do I stand a chance in court of getting the claim in my favour or should I just negotiate with the Solicitor on a reduced amount?
  24. 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.
  25. 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
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