Showing results for tags 'creditor'.
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I owe one of my creditors £32000, (more than half of this is their solicitors costs) after speaking with Business Debtline and preparing a budget I offered them £440 per month. They got a order for me to attend court for questioning. I went to the court with the documents requested which were statments for all bank accounts, HMRC returns etc. Their solicitor was there and asked me questions regarding my income, (although they hadn't listed their questions before hand) After court the solicitor wrote and asked me to supply my bank staments since 2017, I replied they have seen all my current financial position and ability to pay. They have written back today to say they are trying to deal with this amicably and if I dont send through what they want they will get a court order and those further costs will be added on to my debt. Can they get a court order to see that far back? -
Hi all, Apologies in advance if this forum is solely for debtors but I am in a bit of quandary and want some help. If I am a creditor can I ask for advice and help or is this not allowed? I hope to hear off someone first before I go in length about my issue. Many thanks and have a charming weekend, x x
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CAU Restaurants Limited: how to claim redundancy or register as a creditor READ MORE HERE: https://www.gov.uk/government/news/cau-restaurants-limited-how-to-claim-redundancy-or-register-as-a-creditor -
Poundworld Retail Limited in administration: how to claim redundancy or register as a creditor READ MORE HERE: https://www.gov.uk/government/news/poundworld-retail-limited-in-administration-how-to-claim-redundancy-or-register-as-a-creditor
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Section 216 of the Insolvency Act, 1986 Hi im not sure if this is the correct forum or not but wondering if anyone can help me please? I have had to liquidate my company which has cost me a small fortune. I want to trade in a similar name, which I know can be done by sending a letter/notification to each of my creditors and also placing the same in the London Gazzette. I have spoken to a solicitor who has quoted me £700plus vat to send the notices. Is this something I can do myself? Does anyone have a letter i could copy and send or is it bespoke? Also how do I go about placing a notice in the Gazzette? Many thanks for your time. -
Hello! I went to court with my neighbour over a land dispute. I had to withdraw from the trial because I am deaf and the audio loop wasn't working, but the Judge refused to adjourn... This is probably a whole other area, however, the neighbour was awarded costs of £23k and has now placed an Interim Charging Order on our jointly mortgaged house. My husband is not the debtor. I want to know if I can argue that the Award is unfair, not just because of what happened in court, but also because it includes a 100% success fee, which I feel they are not entitled to because I did not receive the Part 36 Offer which the neighbour's lawyers said they sent to me prior to trial. They are unable to prove I received it as they only sent by first class post. The hearing to decide whether the Charging Order is to be made final is in August, and I wonder if anyone can advise what I should do if I wish to object to the award for costs. My husband will object to the Charging Order. What argument should he provide, please? There is little equity in the property, as there is a lot of work which needs doing, including subsidence. The Judge was biased and failed to adjourn when it was discovered that the Audio Loop necessary for me to participate in the Trial, was not working. He instructed the room to shout and speak slowly for my benefit. None did as they were all the opponents witnesses. All of what they said under cross examination was of no consequence. I entered into litigation after much studying, and was confident of success. What went wrong? I am now being taken to court by my opponent for his costs.. £23k.. He is trying for a Charging Order, too. -
Good afternoon all, I was employed as a contractor with a small company. They advanced me my fee in advance of work carried out and then cancelled the contract and asked me to pay back the advance. I had already used the money for urgent matters but undertook to repay them asap. They gave me a piece of paper with a date to pay back by which I agreed to as at the time I felt this would be enough time. Unfortunately things did not improve for me and despite my communicated intention to pay the debt back they have not accepted my situation and are going to take action to retrieve the money. Unfortunately I am currently of no fixed abode and staying with friends. I cannot give the address as this is obviously not my registered address . They are now threatening to send legal papers to the net of kin I gave on my initial contract. I have given my undertaking to pay back and have been in conversation on email but they are using this as leverage to get me to pay. Are they able to do this legally or can I advise them that this is not acceptable? Thanks very much in advance GIB -
Hi, I have been paying off an old debt to original creditor at £10/month for the past 9yrs. I recently got a letter from Nolans Solicitors telling me that Marlin have appointed them to request payment of the full amount which is over £9k, a way load more than original debt. I have noticed the original debt is no longer on my credit file I have still kept paying the £10/month to the original debtor. Can anyone advise what I should do? It was taken out about 12yrs ago. Thanks -
Hi, long time no post. asfaiwa my finances were now in a good place. I got a massive shock when I did a credit check on Experian two days ago to discover that a debt originally defaulted by Monument back in 2006 was now showing as a default to Arrow Global. This case was dealt with by the court around 2006 who agreed a payment of £1 a month to Arrow Global who had purchased the debt from Monument, and I set up a standing order for £1 a month. I was also paying £10 a month to Arrow Global for an RBS debt. In July 2015 the £10 a month payments stopped as the RBS debt was paid off. I can find no records of any £1 standing order payments to Arrow Global for the Monument debt since 2010 (as far back as my bank records go.) In November 2015 standing order payments for £1 a month started to Capquest, who had apparently bought the debt from Arrow. The first one was £5, (coincidentally 5 months after July 2015 ie 5 x £1 payments), going down to £1 a month after that. Arrow say they never stopped receiving £1 a month payment from me and that I had been paying by order book. I have no recollection of this at all and have no order book with them, nor any memory of cancelling the standing order to Arrow for £1 a month set up years ago, and no memory of setting up a payment with Capquest for £1 month in November 2015. Arrow then informed me that when they sold the debt to Capquest, I defaulted, and the default date on my credit report dates back to November 2015, long after the original default date with Monument. I didn't understand what was going on (I still don’t) and asked if there was any way the default could be removed. Their representative told me it was against the law for them to remove defaulted entries from CRAs. But the default shouldn't be on there in the first place, should it? It is my understanding that defaults should date only to the date of the default with the original creditor. Is this correct? Now, thinking that the Monument debt had been well and truly dealt with I (mistakenly, shoot me now ) chucked out all my correspondence with Monument a few months ago during a filing session. Ditto Arrow Global and Capquest. (yes I'm an idiot. ) I then rang Capquest who confirmed they started receiving £1 a month from me in November 2015. So why the default? Because, they said, I'd defaulted when they bought the debt from Arrow. Taking them at their word I asked for them to suggest a settlement figure and they took a list of all my incomings and outgoings and said they'd pass on my details back to Arrow for them to see if my settlement figure was acceptable. I suggested £500 on a £2,300 original debt. But once I got off the phone my husband said to me that something was fishy about all this, and that's when after discussing it we realised that the default shouldn't even be showing on my credit file. Both Arrow Global and Capquest were insistent that I'd defaulted when the debt was transferred from Arrow to Capquest. So what do I do? This has caused me untold stress and completely ruined my otherwise squeaky clean credit record. Gutted.
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Hello, I like to get as much help/guidance as I can as to where I stand legally on this issue. My default date on a delinquent account was October 2010. In November 2016 I checked my credit file to confirm it had been removed post 6 year anniversary (It had). However when I checked my credit file again in June 2017, I discovered that the same default had been re-registered. The default date had suspiciously changed to September 2011! I wrote a complaint letter to the creditor, and they basically stated that this was the correct default date, and that they could not find any evidence to support my claim that the default date was October 2010. I actually have a credit report, which supports my claim. I raised this with the Financial Ombudsman, provided my supporting evidence. The creditor want to make me a small settlement offer, and basically informed the Ombudsman that they did not know why the default had been re-recorded. They will also removed the default, but say it will take 4-6 week! Legally are they allowed to have re-registered my expired default? Are they breaking the law, such as the Data Protection Act? It seems plain wrong that they can do something like this. Also, should it take 4-6 week to remove a default that should not have been re-registered in the first place? Additional info: I've been repaying my debt over a number of years. Any insight or advice is much appreciated! And thank you in advance. -
Hello everyone! I would really appreciate any help or guidance on a claim I received from Northampton County Court. Firstly, last year I received a claim against me issued by a debt collection agency (Asset Collections & Investigations) for an unpaid payday loan. Amount claimed £527.22 + interest for period 21/6/2016 - 12/12/2016 at yearly rate 8% + interest until the day of judgement at a daily rate £0.12 + court fee of £60 = total £604.44 With a help of this forum I defended this claim, the claim was struck out by my local court and to my knowledge the court order was never appealed. To my surprise just a couple of days I received a new claim issued by the very same debt collection agency. Same Particulars of Claim just the claimed amount and interest changed. This time the claimed amount is £604.44 + interest for period 24/6/2016 - 06/07/2017 at yearly rate 8% + interest until the day of judgement at a daily rate £0.13 + court fee £60 = total £756.69 I'm really struggling with this one, CAB and NDH have been unable to offer any guidance and I don't want really give up and let them win. Thank you in advance for any helpful comments. -
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The countries expert on bailiff law; John Kruse has written in his latest Bulletin about the important subject of bailiff fees when debtors make payment to the creditor (i.e. Magistrate Court, local authority etc). This is a subject that has been discussed often on the forum and thankfully, with the regulations now having been in place for two years, most local authorities understand that if a direct payment is received from a debtor after the account has been forwarded to the enforcement agent, that the Compliance fee of £75 needs to be deducted at source and the balance apportioned on a pro rata basis in line with regulations. The position with Magistrate Court fines is very much simpler. If a debtor makes a direct payment to the court (either in person or on-line), after a warrant of control has been issued, all courts write to the debtor to advise that the entire payment has been forwarded to the enforcement agent so that they (the EA) can deduct their fees in line with legislation. A extract from John Kruse's excellent article is copied in the next post: PS: An detailed explanation of how direct payments are allocated and the pro rata distribution can be read here: http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct -
When the enforcement regulations were overhauled in 2014, they provided a radical change whereby, a debtor could repay their debt by way of a payment arrangement (usually over a period of approx 3-4 months). Such payment arrangements need to be set up within the very strict time frame outlined on the Notice of Enforcement. This period of time is referred to as the 'Compliance stage' and as long as a payment arrangement is agreed by the date and time given on the notice, an enforcement visit will not be required, and this will save the debtor incurring an enforcement fee of £235. The ‘compliance stage’ is also the period when cases of ‘vulnerability’ should be bought to the attention of the enforcement company (and evidence provided where possible). When the Notice of Enforcement is sent, a Compliance fee of £75 will be added to the principal debt. It is important to make clear that the Compliance fee (of £75) is not a fee for just sending a letter. It is a fee that covers many different costs incurred by the enforcement agent including the setting up of Welfare Departments, training and setting up and managing payment arrangements etc, etc. The second radical change introduced in 2014 was the provided that where the proceeds of enforcement are less than the amount outstanding, that the payment should be distributed on a pro-rata basis between the creditor and enforcement agent. With the ‘Compliance stage’ allowing for short term payment arrangements, the government were concerned that this could cause enforcement agents to operate at a loss until the total debt was paid (and they recovered their fees) and that this could undermine the fee structure and could lead to enforcement agents acting in an aggressive manner in order to recoup the entire debt. It was for this precise reason, that the regulations provide that enforcement agents should be paid the compliance stage in full first, followed by a pro-rata division of proceeds. This is explained in more detail in the following Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014. http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf It has been interesting to observe over the past 3 years the way in which 'debt avoidance' websites reacted to the compliance fee with literally hundreds of Freedom of Information requests being made to councils around the country questioning how each council dealt with 'direct payments' and whether they retained the payment...or forwarded it to the enforcement agent. The advice from these groups has remained unchanged...pay the council direct online the principal debt (minus enforcement agent fees). With Magistrate Court fines, in every case where a payment is received after a case had been passed to an enforcement agency, the court will forward the payment to the enforcement agent so that they can deduct the compliance fee (of £75) and apportion the balance in line with legislation. If the debt in question is a local authority issued penalty charge notice or a liability order, some councils manage direct payments in different ways. Some forward the entire payment to the enforcement agent....some forward just the compliance fee and others keep the payment. Regardless of the internal procedures, the fact remains, that paying the council (or creditor direct) does not avoid paying bailiff fees and this has been the subject of an important legal case details of which are posted below.
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Hi all, Bit of background ... I fell into a bit of money trouble back in 2011/12 and fell behind with a multitude of things, which manifested in 7 defaults being placed on my credit file (I know, right?). I'm glad to say that all is reformed, I'm in stable employment, my finances are doing great (aside from not being able to get reasonable credit, of course) and the defaults have started to drop off (3 down, 4 to go). Once I had gotten myself back into full time employment, I settled all of my debts outright. One in particular was a credit card with MBNA/Virgin. I settled this directly with them. On review of my credit file, I noticed that MBNA and PRA Group were reporting two entries for this same debt. I wrote to the CRAs and they removed the MBNA entry, leaving PRA, which is showing as settled. My question is, if I settled the debt with MBNA directly and they registered the default, do PRA still have the right to process my data and keep this default on my file? Surely if any default should have remained, it should be MBNA, since they are the only company I dealt with and the creditor with whom I settled the balance? Thanks for your help!
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All can any one help I had a car repossessed by Private and Commercial Finance PCF on a conditional sale agreement they got CCJ, court set payment at £10 in September 16 November 16 , they appealed court set at £40 today i have received a statement (notice of sums in arrears) from them , they have added several legal charges since, is this allowed July 16 - Legal Fees Adjustment £5088.36 - this doubled the debt, after car was sold at auction. October 16 - Legal Charges £280 november 16 - legal charges £28 december 16 -legal charges £250 January 17 - legal charges £75 court split costs of appeal hearing 50/50 at £100 per party Are these charges allowed ? can i challenge them -
Hi all! A long story short ( i have touched on it previously some time ago) im happy to expand on the details if you want. I have a charging order on my property, there is no CCJ and its not from a financial institution. Ex landlord who i rented a shop from and business collapsed. He wanted £15K from me i said no way so he got a charging order attahced in 2008. i paid a small amout of money each month but then stopped in 2009 and had last contact with him in 2010. Now he has suddenly had his solicitor write to me stating if i dont pay they will push for sale of the property. he wants £20K inc interest. even though he has a charge against my property is there a limitation on how long it can be chased? ie 6 years? i have heard that the court feels 6 years is enough time to chase? is this correct and would that tie in with why i have suddenly heard from the creditor? i thought there is a 12 year limitation on secured but would like clarification. There is no equity in the property - perhaps £5k but after fees etc there would be none so it seems pointless he is chasing all of a sudden? Is it a coincidence that its 6 years almost since last contact?? I have recently had a welcome charge removed from the property could they have looked and now think there is the equity available? there is no CCJ, im thinking maybe the order is interim? Help!!
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Hi all I had two ccj debts with Aktiv Kapital which have now both passed the 6 year point. Both had interim charging orders on my house. I paid off one of about £3k and had the charging order removed. They very kindly also sent me a receipt to show that the other debt was clear (which it wasn't) I forwarded that to the court and had the other charging order removed. I moved house a year ago and I am still paying £20 a month to Aktiv Kapital. Any thoughts about what they could do if I stop these monthly payments? The CCJ wasn't really settled although they gave me a receipt and I moved house. I am tempted to let sleeping dogs lie but equally I wouldn't mind asking for a refund on the £20 that I have paid for the last 12 months. I haven't heard anything from them and they don't have my new address yet. How clued up are they? -
Hi Is there a legal requirement for a default notice to have been issued before a claim can be entered against you for a credit card debt? If so can you please refer me to the legislation. Its a long story but it appears that a judgement was issued even though the judge was aware that there was no proof of a default notice having been issued. Thanks
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Since the introduction of the Taking Control of Goods Regulations 2013, it has been very interesting to observe the number of forum posts (here and on all other websites) where debtors (and indeed regular forum posters) consider that in cases where a debtor is identified as being ''vulnerable', that the local authority (or creditor) should be obliged to recall the account from an enforcement agent.....and remove all bailiff fees. In the majority of cases, the fees under discussion will be £310, consisting of a Compliance Fee of £75 (applied when sending the Notice of Enforcement) and an Enforcement Fee of £235 (applied when an enforcement agent attends the debtors premises in person). In the following post I have outlined my opinion on the above.
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Name of the Claimant ? Cabot Financial UK Date of issue – . 12 Feb What is the claim for – ? 1.The claimant claims payment of the overdue balance due from the defendant under a contract betwen the defendant and capital one dated on or about april 18 2013 and assigned to the claimant on sep 28 2015 22/01/16 default balance 305.70 What is the value of the claim? 305+costs Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 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 ? No, I have Notice of sum in arrears 5/10/14, Notice of default 2/11/14, Statement of default 4/12/2014 All sent directly from Capital One Why did you cease payments? Repayments got out of hand & I did not seek help when I should have done. What was the date of your last payment? Unsure, all statements were online, I have no paper statements for reference 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 managemnent plan? No I have acknowledged service & believe there are many default charges in this balance which I would like to contest. The POC is now incorrect as I made a payment on 10th Feb & I'm due to make another on 11th March as per a letter I sent letter which I sent to Restons prior to receiving their claimform, this letter has been returned to me stating they will not acknowledge receipt or respond to any letters without my signature claiming they must be sure who they are corresponding with, after they were sure enough of my identity to issue court paperwork to me of course! I'm assuming I need to send a cpr.13.14 now but can I simply initial the letters rather than using my signature? Also how will I tackle the charges issue? Thanks for reading this, all help is greatly appreciated -
Hi All, Had a recent bereavement in the family and didn't know a CCJ was entered by a courier form for my business. Got a call saying come to premises or will call a locksmith and more £ will be charged. Met HCEO and showed him we were flooded during Boxing Day and going to be a hard graft ahead. The CCJ was for £1204.74 - their paperwork is nearly £2300, and if sums unpaid etc, and further action including sale or disposal stage will make it near £3100. Advised got no help and unable to pay in one go, he looked around - showed me no ID and didn't give me the Notice of Enforcement - but just an intention to take control of goods - no signature was asked for from me. Going to contact creditor to try and make payment direct to close debt/ Question is - when I contact HCEO - am I liable for the compliance costs only, or 1st enforcement costs as well - or are they going to try and get more from us - I assume the creditor hasnt levied another £1k on top? Pulled a sneaky one on me after reading this forum. Any and all advice appreciated. Thanks -
Hi All, I had a business back in 2007 and when it went pear shaped a lot of people helped me out on the basis that I would pay them back when I could. Sadly things have not gone well. Bad to worse really. I have been unable to repay significantly anyone that helped me. That apart, no one except one creditor seems to be worried about it. This guy wants a charging order on my house. I cannot at the moment make any sensible offer of payment and I am concerned that the charging order is the first step to an order for sale. Now there's not that much equity in my home. I could voluntarily grant my eh.. non-combative creditors a second charge collectively in the amount of the equity in the house. My question really is... can this guy get a charging order once there's no equity or can he make other trouble for me if he can't get the charge? Thanks, Bob.
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Looking for some advice please on whether this is allowed before I respond if a claim has been issued and a hearing date set, at the stage at which witness statements are sent can the creditor rightly and legitimately double the value of the claim within their statement and will the court allow this/take this into account when hearing the case? Cannot tell that any formal application has been made just the request within the statement...
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Hi all I would welcome some advice on this please. In September, I upgraded my phone with T Mobile and entered into another 18 month contract. Had a nightmare with the first handset that 2 T Mobile stores were not interested in despite quoting the usual sale of goods act etc. and me taking the handset back on the 10th day after having received it. Eventually, Customer Services on 150 relented and replaced it as a swap out the next day. I got round to reading the manual last weekend to see what exciting things I was missing out on and I decided to download some new screensavers to make the phone a bit more "funky." I then discovered that despite changing all the settings that the screensaver would never activate. The phone display switches over to power save mode, i.e. goes blank instead of displaying the screensaver. I undertook some research into the issue on both T-Mobile's user forums and Nokia's own support discussion forums and it turns out that this is a known software bug in the N79 handset. It also appears that the manufacturer knows about it but has failed to fix it in subsequent firmware releases. It is also unlikely that Nokia will now release any further firmware for the handset as technically, or rather in the technical world, it is now quite an "outdated model." I have emailed T Mobile Customer Relations about this and they have contacted me to say that if the manufacturer is not going to fix it there is nothing that can be done. I however am not happy with this. Surely the goods are not functioning "as described," i.e. the manual states that you can change the screensaver and although you can, the end result is that it doesn't work. I know that a non-functioning screensaver is not a life or death situation i.e. the phone makes calls, sends texts, browses the web but am I the only consumer that is getting a bit sick and tired of companies that earn millions of pounds from their customers getting away with everything? At the end of the day, my contract is subsidising the cost of the handset in a large capacity. If I had purchased this phone directly, it would have cost me a few hundred pounds at least. The crux of it is that I used Nokia phones for years previously and every handset I have had has always had "some problem" of one thing or another. Back around 2003, I had Orange replace 15 handsets, one after the other and each one exhibited the same problem as the last. It was a nightmare. I thought that 6 or so years later, with the advancement in technology that Nokia may have improved it's standards and the first phone I pick up in this 7 year period manufactured by them exhibits yet another fault. I have contacted Nokia, although I am under the impression that it is not down to them to sort the problem out and they have suggested that I send the phone "for repair," which judging by other users on their support forums, does not resolve the problem anyway and just leaves you without a phone for 2 weeks. I was wondering if I could glean some opinions please ? Am I right that the phone is not "functioning as described" and therefore breaches the sale goods act ? Thanks very much J -
Hi, I have a CCJ registered with a final charging order dated 8/6/07 on my property. The company appears to have been dissolved 7/11/09 from info online. I have never had any other payment plan in place with them or correspondence. How can I get this removed as I wish to sell the property in the near future? Thanks
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