Jump to content

Showing results for tags 'defend'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Helpful Organisations
    • The Bear Garden – for off-topic chat
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV/Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - Please register
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
    • Non-Retail subforums
    • Retail Subforums
  • Work, Social and Community
    • Work, Social and Community Subforums:
  • Debt problems - including homes/ mortgages, PayDay Loans
    • Debt subforums:
    • PayDay loan and other Short Term Loans subforum:
  • Motoring
    • Motoring subforums
  • Legal Forums
    • Legal Issues subforums


  • News from the National Consumer Service
  • News from the Web


  • A Say in the Life of .....
  • Debt Diaries

Find results in...

Find results that contain...

Date Created

  • Start


Last Updated

  • Start


Filter by number of...


  • Start




Found 16 results

  1. Hi, My landlord is wanting to send estate agents round to value the property because he wants to put it on the market. He has not yet served me with a Section 21 notice so I have no idea when he is expecting me to vacate but I would have thought a valuation would be more realistic once the house is empty and after he can do some redecorating, etc to get it ready for selling. At the moment, we have been too stressed over searching for a new home and we have been having a mad declutter and we have half packed boxes everywhere and the housework has become less of a priority, so all in all, the house no longer looks homely and I certainly wouldn't want any estate agents taking photos to use for selling purposes. Does my landlord have a right to getting a valuation, especially before he has issued a Section 21? I feel so uncomfortable about it and I really don't want anyone coming round while I still live here I have been looking through other tenants posts and came across this comment from one of CAGs members:- "Are you aware of this >> For example, a Section 21 notice cannot be served if there is no EPC or Landlord gas safety certificate in place for the property. Any non-compliance with this requirement will render the section 21 notice ineffective." Now my landlord has never done annual gas checks and the last one (for which I have a copy of the certificate) was about 2 years ago. Does the above CAG members comment mean that when I receive the Section 21 Notice it will not be legally enforceable? If so, what should I do and how do I respond to my landlord when I get the notice?
  2. Hi, I have debt from pre 2007 which, after a few years of creditors leaving me alone is now coming back to haunt me full pelt in the form of solicitors letters from Debt Collectors. I suspect this is because they have wind via the land registry that I bought my parents house two years ago (to help them secure a more affordable mortgage after their ill health prevented them from working). The last time any of these debts were acknowledged was February 2011 when a DMP made a payment on my behalf. However I do not know any more which debts are still outstanding. I have suddenly been hit with a County Court Claim form (dated 12th August) saying that Shoesmiths LLP are claiming money for a debt (pre 2007) on behalf of their client Arrow Global Ltd. Before the Claim hit me I wrote to Shoesmiths asking for proof of this debt and they responded to say they note my comments and have asked their client for a copy of credit agreement , statement of account T&Cs and notice of assignment. They said my account would remain on hold until the above documents are received. However I got no further correspondence to say they had secured any proof of debt and the very next thing I got was this county court claim form! I responded to the claim form online by filling out the acknowledgement of service, saying I intend to defend the claim. Now what do I do in regards to the defence? I am not sure if the debt is mine as I have seen no proof of it. I know it is certainly pre 2007 if it is. However there is a chance that a payment could have been in Feb 2011, but this payment like I said did not come direct from me but a DMP so I have no record of it. I want to be able to file a defence saying I do not acknowledge the debt is mine but not sure how I do this?
  3. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – What is the claim for – 1.The Claimant's claim is for the amount of £800 being monies due from the Defendant to the Claimant, under a Store Cards, Credit Cards agreement regulated by the Consumer Credit Act 1974 between the Defendant and Vanquis Bank Plc under account reference xxxxxxx and assigned to the Claimant on 14/04/14 notice of which has been given to the Defendant. 2. The Defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3. The claim also includes the statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.16p from the date of assignment of the agreement to 14/04/14 being an amount of £60). What is the value of the claim? £950 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 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 collector Were you aware the account had been assigned – did you receive a Notice of Assignment? The account was opened at a different address to mine. I lived at this address about 20 years ago but have moved twice since then. I received a debt collector letter in 2013 for this and I wrote and said they have the wrong person but I did not hear a thing until March this year when I got a County Court summons. Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I have never made any payments (neither has the person who opened this account) What was the date of your last payment? None Was there a dispute with the original creditor that remains unresolved? Yes, its not my account Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management? No Hi, I am looking for any advice that I can get. TIA. I have copied the bit from the sticky and put my information in and posted it below. I have filed the defence and done all that I can. The case will be in court in a couple of weeks time. I am not nervous about the court bit, I wanted to check to see if anyone has any advice as it is a fraudulent account. I have reported it to the police via action fraud website and told BW Legal about this, but they are not listening. I have proof that the address the account was started out is not mine etc but they are not responding to any of the points that I am making. The main question that I have is: the account was started by someone using my maiden name. The account was started in 2012. I got married in 2003. Should I tell BW Legal that they are using my name wrong?
  4. Hi All, I have an action by Arrow Global ( debt purchasers from HSBC) claiming £8234.93 Date of service 5th June Date of expiry of period of notice 27th June 2017 I intend to defend the action and I have a few questions. 1. If I make a request for all the documents and information that Arrow Global are required by the CCA 1974 to hold and they do not supply it all within the required time ( is it 12 days?) could I get the action dismissed on the 27th? ( My understanding is that if I do not respond at all the case can be found against me on 27th) On the CONDESCENDENCE they state 1. Asserts jurisdiction 2.Asserts their right to the money via debt purchasing agreement with HSBC 3.States agreement between HSBC and myself under the CCA 1974 4.Asserts defender failed to pay. Any advice at all would be most welcome. Kind Regards B.Man
  5. I have just gotten a Nottice of Application for Attachment of Earnings Order for a sum of just over £900 for CCJ issued in the CC busines Court Centre on behalf of Cabot Looking on my CC file i see a CCJ was obtained in summer 2015 for Cabot which after some research appears to be Welcome finance related. (i will contact Mortimer Clarke to confirm who the claimed creditor is but am pretty sure it isnt anyone else) It is the first time i have heard about this CCJ/debt. I returned my car to welcome finance in 2011 and changed address three times since then. I dont think ?I owed/owe them anything and I am not going to be paying £900 in any form if i can help it. I understood i had no debt to them but prior to returning the car under the agreement, I had had some arrears which i had cleared. My income is borderline for getting court fees paid An AOE could affect my job as i work for the government in a finance related role. I understand I can apply to have the CCJ put aside. I understand I could apply for a stay of the warrant I understand I can contact Welcome Finance for a Subject Access Request I have to reply to the application in eight days I don't think I had any PPI with Welcome Finance If I complete the N55 notice of AOE order Form do i make offer payment of an amount and then make the other application (vary warrant or overturn CCJ) or should i simply make an application to suspend and tick the box on the N55 saying I want to the order suspended because I have made that application. Or something else ? My income and expenditures are low and in the past i have made requests to vary judgements on grounds of low income that were accepted by courts after applying to stay warrant. but those were for debts i knew I owed and had had a chance to defend. Thank you in advance.
  6. Hi I have just been sent a claim form for a old credit card. The card was with Barclaycard but went into default in 18/03/16 and now the debt has been taken over by mkdp llp or hoist portfolio holding 2 ltd. I have submitted a acknowledgement of service I have a couple of weeks to get a defence, do I have any grounds to defend this. I was thinking of requesting the cca as I was told the claim wont be valid if they don't have this. Any help here would be much appreciated as I really don't no what to do and cant afford to pay it
  7. Hi Caggers, I hope you can help . . . thought I was over this lot . . . I had an egg card many moons ago along with other CC's sadly when my printing company hit the wall in roughly 2008 things of course took a turn for the worst. I managed to pay off capital, spoke to barclayshark who said, you're not in arrears so we can't do anything . . . yet . . . i also paid off MBNA and pg's with the bank. I spent almost £30k paying off those and of course there was no more cash left and no income for agreements. Clearly BC and Egg don't listen and thanks to help on here I managed to put those companies back in their boxes and for years I had nothing but the usual threatening letters from various DC's . . . and then came the Talk Talk Hack and the free Noddle credit check and this is where I noticed that my Credit Rating which in April 'ish on experian and the other one was in the green (which i was amazed at) I noticed I was a 1 out of 5 on Noddle?? clicking through I see a CCJ for over £4k and i've now found out it is Marlin and the old Egg debt . . . So what's the next step for me please? I guess contacting the local County Court to get the ruling Set Aside but what after that? I'd appreciate all the help I can get . . I was so chuffed to get a green credit rating earlier this year and now i'm being dragged back into the red again . . .
  8. Hi there I am new to these forums so please do point me towards any previous threads that have dealt with my situation previously. I am 23 years old and have my own car insured in my own name (fully comp). In May 2015 my father took my car without my permission and was hit by another car. My father believed he was insured on my car but wasn't. When he realised this he admitted to the investigating police officer that he had taken the car without my permission (in my absence - I was at work) and also accepted that he did not have insurance to drive the car. He was charged and fined for driving without insurance but no further action was taken about the car being taken without my consent. Whilst the third party driver hit my dad rather than the other way around, my insurance company (Elephant) decided that because he had driven without insurance, they are not going to defend the claim. Elephant have now written to me and stated "unfortunately there is no evidence that the vehicle was taken without consent." They have also said that their Claims department will be in touch with me to recover costs from me that they pay out to the third party (as they have decided not to defend the claim). The 2 points therefore are that they don't believe the car was taken without my permission and want me to pay them their costs which will probably be in excess of £10,000 (including whiplash claims + vehicle repair etc). What can I do? I have so far responded to their letter to ask what specifically they consider "evidence" considering my statement and my father's admission that this is what happened, clearly doesn't seem to be enough. I have asked them to forward me the police report they have received. Any suggestions on how I should approach this? I certainly don't have £10,000+ available to pay out to Elephant. Neither does my father although he does jointly own a house. Any help welcome.
  9. Hi, I would like some help with the process of defending a CCJ. I have looked through this site and the info on here is great but obviously this is a major issue and I want to make sure I get this right. I received a Claim Form issue date 7th Feb for £3735.96, including court fees, solicitors costs and £165.75 statutory interest pursuant to section 69. I have since checked my credit file and this does appear to be from a Lloyd's Credit Card I had about 7/ 8 years ago. My credit file shows this account as closed and I have a new open account with Lowell's for this amount which appeared sometime last year. I do remember the credit card and I am not suprised I have received this as I have been very silly and buried my indebted head in the sand to protect my sanity some years ago. Unfortunately the debt was run up by my ex husband in my name so I know I am responsible but couldn't face dealing with it. I am now remarried with a family and we were hoping to be in a position to buy a house in a few years. This will not be possible with a ccj and I can't afford to pay this. Hence the need to defend as a last hope. I believe I need to: Send back acknowledgement of service and tick plan to defend. This gives me 28 days from 7th Feb (??) Send a CPR 31.14 request to BW Legal requesting account paperwork and default notice (which I never received). Is that correct for now? And what paperwork should I be requesting? I appreciate any and all help on the matter.
  10. How to defend against a charging order for council tax? I have been renting out a three-bedroom property which I own to only single people. I prefer to do this because it means less wear and tear on my property. The council appear to view this with disdain and suspicion. The council tax department have always been notified of when a tenant moves in and when a tenant moves out. For some unknown reason the council classify the property to be empty. This is despite tenants registering for council tax and paying council tax. Previous tenants council tax accounts were successfully opened but then cancelled by the council. No explanation was given. To cut a long story short. The council managed to obtain a charging order against my property. I've since received a letter demanding I pay £4,700 in council tax within 21 days otherwise my property will be forcefully sold. How do I defend myself from a corrupt a council which fails to update its records? What else should future tenants do to prove they are living at the property? Previous tenants wrote letters registering for council tax. Supplied utility statements and voting registration evidence. I want to ensure that the council accepts that tenants have lived and do live at the property. What steps should I take to challenge the charging order?
  11. Hi, its my partners who suffers with mental health issues, it was for a mobile phone contract that he took out/renewed whilst psychotic, Lowell group have issued court proceddings and I really dont know what to do, he is not capable of defending it. Basically he took the phone out and flushed it down the toilet because he was so paranoid, I cancelled his DD and to be honest because he had not used it much I just thought we would get a bill for the first month but they wanted near £600. Any help would be really appreciated, He is currently on rispiredone and I can prove he was psychotic on the dates he signed as we were seeing the doctor He has never defaulted on any credit agreement ever, and his credit file was excellent until his episode
  12. Hello Apoligies if I am going about this in the wrong way. On the 14th April I received a county claim form from Hadfield & Townsend solicitors on behalf of the university of westminster for fees owed of £1225 including interest £1507 Now I had a previous dispute with the university re money they owed me equating to £900. As a result of me paying fees and never receiving marks I have disputed this for nearly 2 years now. I plan on defending the ccj in full and counter flaiming for the £900 My questions are - What do you think the likely hood is that I will win my case based on the fact their is a previous dispute where they in fact owe me money - The university have been un un coperative not responding, having to be chased for answers. I have most email trails - The solicitors acting on behalf of the uni did not issue me with a default notice letter they merely sent a letter stating if payment was not received within 7 days legal procedings would start agaisnt me - The university never told me they were transferring my account to sta I just started receving calls - In the claim they did not provide evidence or a copy of my cca Any body that can help me I will be eternally grateful this whole saga has dragged out
  13. Hey guys and girls, I've spent a few hours yesterday and an hour this morning trying to find an intent to defend a claim from my energy company npower, I believe they changed my contract illegally and they refused to really discuss the matter so after being fobbed off i just refused to pay. I owe over 2k on each account that should be a dual fuels account (my issue). each time they called i would advise to take to court to secure any futher compliance from me... ~I am dyslexic bi polar adhd and spending a couple of hours yesterday and today my anxiety has just sky rocketed. I will how ever be applying for bankruptcy just can't for another 4 to 6 months WHAT I AM LOOKING FOR A TEMPLATE FOR MY INTENT TO DEFEND A CLAIM AGAINST ME! My i say thanks in advance! I am so stressed all i really want to do is sign the back of the form they sent me with a one line instruction of my intention to defend but somehow think it may fall short of what is needed...
  14. Background. My Mum was being cared for by a local authority using contracted out care. The copany did not always turn up on time, stay the required time, or even turn up at all on many occasions. To compund the problem they falsified records to suggest they had. I complained but nothing was done to resolve the problems. I stopped paying the care bills to make them take notice. They didn't notice until I pointed it out. Mum passed away and I was the executor of her estate. Mum's bills consist of many elements of care, only one part (the subcontract part) which I have an issue with. I want to pay the rest and discuss/negotiate the bad element. The local auithority refuse to separate out the bills saying I owe all the bill. I have offered several times to pay the parts and discuss the rest. I'm being taken to court, the Chancery Division no less, for the whole bill, ~£5k. I have applied to defend the claim and have now got papers suggesting that it wil be fast-tracked. I'm not sure what my next step should be, any help gratefully received. Thanks
  15. I have just found this forum (and have to say it looks really good and helpful). I have a bankruptcy petition scheduled for monday 17th at my local court and want to know if I have any chance at all in defending it. The basic story: Had a business was doing well even though it was started after the crash we grew very quickly (to quickly) and eventually cash flow got tricky so signed a personal guarantee on a large over draft with HSBC, anyway long story short as possible. Stress of running the business made me ill, ended up in hospital with suspected heart attack (never had more than a day a year off sick in my life so am not one for being ill) so got over that went back to running the coompany but it was getting harder to manage and I didnt want to make myself ill (I have young children) so decided enough was enough and got myself a full time "normal" job and tried to manage the comapny part time but it was never going to work so sought advice and was advised voluntary liquidation which I took as I couldnt take any more nor could my family. Liquidators come in take my stock £50-70k at retail and I sign a guarantee for their fees and expenses. They sell said stock at auction for circa £4k just enough to cover thier solicitor fees and auctioneer fees. So I am left with a £28k overdraft to clear and thier fees of £7k. I sort the £28k with a charge on my property (which is in negative equity anyway so they wont get anything if a sale is forced) and I get a stat demand from liquidators for their fees but I now dont have a penny to pay them so send all my details in to them offering £700 lump sum to clear it (10p in the pound much better than they got for my business) or £35/month for a slong as it took but they never replied then just been hit with a bankruptcy petition. I dotn want to be made bankrupt as it gets complex with the house as still in my name and my ex wifes and dont want her anywhere near us as she made my life a living hell for years and I have always paid the mortgage and am up to date with all my bills with no arrears just no surplus cash and no credit raiting to raise the £7k the liquidators want from me. Had they of looked into the company surely a CVA would of been better suited as I could of just used the stock (business was 95% online sales anyway) and traded in the evenings until the stock was gone to pay all the creditors and am pretty sure they would of all got thier money back unlike what the liquidators did. I found out that nearly a year after they started the liquidation they still hadnt picked up all my VAT and PAYE records and invoices from the company accountant so dont even know how they managed to get it all sorted without that paperwork for so long. Do I have a defence or not do you think? I have offered a payment plan but still to hear if it will be accepted. Any help or advice would be much appreciated.
  16. Hi all, Received court claim papers Issue date 8 July 2013. States loan from 2010 – I had ignored it after rolling over at least 12 times and spiralling into problems, couldn’t afford to pay back and now got to this point. I guess my first step is to apply for more time online – will do this shortly. And then, send a letter asking for some kind of SAR/ CCA documentation. Then post back here? Many thanks for any help; I have no clue about how to approach this and if anyone has had any success with defending against a payday loan, by saying repaid many times over (rollover payments) ? Also, can you purely defend by post? Dont want to have to attend court at any point. P
  • Create New...