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Found 49 results

  1. Mum's partner can no longer use a mobile phone. He has however been paying EE over £40 a month since 2006. EE initially couldn't trace any account in his name despite giving them bank details etc, but then did find it when I said OK, give us the money back then .... They've ignored all requests for documentation so far, have known for 4 months that alleged account holder has a Power of Attorney in place, but have apparently set the debt collectors on him anyway. He's not received any correspondence from EE or the debt collector. EE have provided some numbers associated with the account, none of which match his last number, which he would have last used at least 3 years ago. He does still have the phone and it has a Sim card in it, but heaven only knows where the charger is. One of the numbers EE provided apparently has recent regular usage, data as well as calls and texts. I can just about believe he might have, accidentally or otherwise, made a call, but sent a text or used data? No chance. Other than repeating the request for documentation, any other suggestions?
  2. I had an appointment for dental treatment last week. I parked the car, with a blue badge and 'clock' correctly displayed, on the opposite side of the road. This is an area previously covered by double yellows and had, 12+ years ago, been a service bus stop. I am fully aware that no service buses have used this stop since the opening of a new Interchange down the road in 2006. It is a popular parking place for blue badge holders as it is a quiet stretch of road since the buses stopped running through there, other services with stands in the next street stopped using this area of town last year when a gap in the dual carriageway was plugged and traffic lights removed as part of other works taking place. But, the council have since marked out a 'Bus Stop' at one end of the parking area and claim this is for a community transport minibus for the disabled. These minibuses have run for some years now and my understanding was they went a different way, dropping off and picking up on the other side of the road to where I was parked. I contested the ticket. They've written to say no, I was parked in a bus stop and therefore have to pay. I disagree. I accept that they have marked out the 'Bus Stop' and put a thick solid yellow line against the kerb, which I didn't see when I parked between other vehicles already there as it was raining heavily. I have checked, this work has been done in the last year. I used Google street view to see how it was marked last year, just double yellows although the whole stretch had green tarmac. Before I appealed the ticket I checked with https://www.askthe.police.uk/content/Q388.htm and there is a single line which says under PLACES WHERE YOU CANNOT PARK, 'A bus stop during hours of operation;'. So as part of the 'informal appeal', as they term it, I had said "I have challenged (the council) to tell me the hours of operation for this stand". They have not supplied this information. I am not against the disabled persons bus service, being a blue badge holder myself, but I question the legality of the stand being there. It is not for service buses and therefore would not have 'hours of operation' in that respect, meaning I complied with the information I obtained from the Police website. The community transport service is pre-booked, so by definition not a 'public service' bus as we know them. The 'bus stop' is therefore not in use for service vehicles and I was parked there outside any known 'hours of operation'. But where do I get this sort of thing verified so I can make a formal request to the council for repayment of the PCN on the grounds I was parked legally ? I am paying it under protest as they double the amount if not paid within 14 days.
  3. Hi, All the debts are credit card debts. Had an offer of 85% off a £10914 debt owned by Equi Debt but didn't have the money, think they sold the debt on to Cabot. That was 4 years ago, Can these people take me to court & get a CCJ against me? Also an offer of 25% off from Allied International
  4. I am waiting for action against me with trepidation, I have complex mental health problems including memory loss which means I cannot recall all transactions related to matters over a year ago. Thus, the prospect of remembering the details of DISPUTE which were raised over three years ago. I sent many letters DISPUTING with original lender credit card, but don't have copies. They eventually sold to Arrow Global. They, in turn, have used a succession of collection companies , who I have ignored / returned letters unanswered. I now wonder if original lender/credit card will be able to provide ( or even kept) my letters of DISPUTE ? There are times when my cognitive process is greatly impaired, so I am unable to talk, write, take information in. At other times, like right now, I can compose a short email. Any guidance gratefully received . I think I destroyed my records last year in during a psychotic episode. I take anti psychotics, anxiolytics, mood stabilisers and anti depressants , all of which impair my cognitive function. Original agreement 1995 Last Payment 2011 (? needs verifying ) Default Notice possibly issued 2011 (? needs verifying )
  5. Hi All I hope that you can give me some advice as I am not sure what has happened to me today is legal. I had to have the vet out to my horse last year and had to pay 500 in advance for his treament and then the rest on account. I had every intention of paying. The debt was in my married name (I have since reverted back to my maiden name) at an old address. My horse was treated however the vet made several mistakes (such as not adminstering him antibiotics which resulted in cellulitus) I disputed the amount at the time. The vet said they would reduce the bill if I could pay in full. At the time I couldn't so they recommended a loan company which would then help me out with a loan (and even sent me the link) to which I declined. A debt collector went to my old address (I know the new tenant) and was told I was no longer there. Today I went into work to find out the soliciors now instructed have written to me at work threatening me with a CCJ and saying I won't be able to find another job if they enforce it. Are they allowed to harrass people at work? How will they enforce the debt they surely cannot register it against the company that I work for? Obviously this will be really embarrassing for me at work as I am apart from the Director the most senior member of staff. Thanks
  6. Hi, Local authority is pursuing a disputed sum from 2014-15 council tax period. Having refused a monthly offer of £5 monthly while I was still on Universal Credit the council got straight in touch with UC to make monthly deductions for the amount that it wanted (which UC later granted). LA contacted UC on the same day that it refused my offer / same day that it dismissed my formal complaint about LA's handling of the matter. I think the LA may managed to make the direct UC deductions on the basis of false info that I was struggling with current ctax payments - not the case - it was a disputed old bill. I made an SAR for documents including all written correspondence to any body/individual regarding my bill account. The LA hasn't provided a copy/record of the request it made to UC. It just gave a one line internal memo stating the date on which the communication was made to UC. (There is also only one letter from a collection agency in the info pack, there must have been more letters over course of several years including a couple of court summons). Does anyone know if the LA in breach of data request legislation by not providing its communication to UC? How can I get the info? More important, LA won't seem to allow me to try to make the case for why I'm disputing the amount. How can I get it to listen and do a proper review? Thanks
  7. I’ve started a small claim against a builder to recoup money paid in advance for work not done. I’ve sent two letters as per process and he disputed the claim, saying the money paid in advance was put towards cost overruns on other work he did for me. This was not agreed with me in advance. I’ve since hired another builder to complete the work not done. Now legal action has been launched he has decided not to dispute the claim. However, rather than acknowledge the claim he has contacted me directly to say he is selling his house and he is willing for me to have a charge on the property to the value of the claim (including costs) but he wants to do it out of court so he doesn’t have a CCJ against his name. I can’t see the property on the market via rIghtmove.co.uk. That doesn’t mean it’s not for sale though. He has told me that the mortgage company has a charge on the property but there is enough equity to pay the claim after the mortgage. He says he can’t afford to pay the claim outright and can’t get a loan. The claim is around £7.5K so I doubt he has movable assets that could be sold to that value which means, even if I did pursue the claim, the best I would probably get is a charge on the property. I want to settle this amicably as possible. I don’t think he’s a crook, he’s just disorganized, got out of his depth on a large job and let the budget get out of control. We had a good working relationship for two years before it fell apart on this job. So, questions: 1. Does this seem a reasonable proposal and how would I go about implementing this? 2. How can I check the value of any charge the mortgage company may have? 3. How much does it cost to put a charge on a property and how can I do it? 4. I assume I should seek some sort of written guarantee of his proposal? 5. I also assume I should apply some sort of time limit to selling the property at which point I would reinstated the claim if the house is not sold – maybe 3 months, or 6? 6. What should be done on MCOL? Should he acknowledge the claim saying he does not dispute the amount or would that result in a CCJ? Or should I just leave it dormant for three months then request a judgment it if the sale falls through? 7. Would it be safer to decline this proposal and proceed with the claim?
  8. I have a bank loan that was on lowered payments for a while two months ago they wrote saying if payments couldn’t be put up again the account would be handed to an outside agency so I could be put on a long term payment plan. That was fine until I got a phone call from 1st credit asking all sorts of questions which I answered (never had dealings with these people before) assuming he was about to set up a payment plan but at the end of the conversation he said I would be taken to court unless I pay the whole amount (£3500) within two weeks. I told him I couldn’t pay it all and the most I could pay was £30 per month but he wasn’t interested. I got another letter yesterday from a solicitor company saying they were acting on behalf of 1st credit and if I didn’t pay the full amount in fourteen days then I will be taken to court. Any advice as to what I can do or what I should expect next? p.s. I am in Scotland Thanks in advance
  9. I noticed on my credit report some information that I disputed. I got a letter from the agency saying they had removed the entry while investigations took place. They later re-instated the entry, but not for 3-4 weeks. Is this normal practice? If it is, what is to stop people disputing all their credit file, and during the removed period, getting credit before re-instating of the entry takes place?
  10. Hi there, For years now, I've been receiving the same letter from the DWP. A vaguely-worded affair, it always tells me I owe the grand sum of £60 to them and to pay up. This usually results in a written response from myself, highlighting that I have no idea where this 'debt' is from and could someone shed some light on the subject. Nobody ever can. One year, I ignored the letter and ended up getting chased by a DCA, who soon passed the case back to the DWP because they couldn't tell me what the debt was for either. This happens every couple of years. I presume my complaints expire on their system and the DWP2000 Letter Machine starts the process again. Yesterday a letter popped through my door, but it would seem the laws have changed since our last correspondence (because we have a Tory government and that's the kind of nonsense they pull). It appears that, despite having no evidence of this debt, they can just go to my employer and take it from my salary. No court needed! No ethics needed either, I would seem. Wow. I've already put together a complaints letter the the Debt Management team, and filled out the SAR (just need to find someone with a printer as heaven forbid the DWP realises it's 2017 and starts dealing with emails). I should emphasise, £60 isn't a big deal, if I owed such a debt I would have no problem paying it. The fact is that I don't have any idea what this is for and nobody at the DWP ever tells me. If they had a case against me for it, they would have taken the money via the courts before the law changed, no? Thanks for reading, is the SAR and complaint enough or is there something else I can do?
  11. I need some advice as to what I should do... here are the details of my situation. I purchased in to a property scheme run by a vendor in Nov 2008 , where you pay the vendor £2000 and for this they find a buy to let property for you where the rent covers the mortgage payment , the vendor takes care of the purchase of the property, they take care of the solicitor, all the management, (renting, any bills) all bills after two years you have the option to sell the property or to continue to use their services. The Solicitor used was in this with the vendor, the valuation from the surveyor showed that the property was worth more than what I was paying After three months after purchasing the property, the rents stopped coming in I started to chase the vendor who told me they were having some cash flow problems and I will get the rents to cover the mortgage, this went on for a two to three months and soon the vendor had disappeared. I visited the property I had purchased and asked the tenant for the rent and to pay me directly, and found out that that the rent came very short of the monthly mortgage payment , I got a local estate to come and value the property and they valued it less than £120K of the purchase price. I went to the police and told them about this, they said there is nothing they can do as this is a civil case I then instructed a solicitor to investigate and their findings showed that the property was bought and sold in a very short period less than a month, where the price sold at was over inflated by 120k, without any work done to the property. I told the mortgage company and told them there is no way I can afford the to pay the mortgage, this was around June 2009, The mortgage company repossessed the property and sold it in 2010, this is where the shortfall of 110K is. The conveyancing solicitor was part of a fraud, the solicitor is now no longer around, they were an LLP and I have tried to take them to court and sue them and claim damages from their indemnity insurance, but the indemnity insurers have said they will not cover this as this was a fraudulent act intentionally done by the solicitor. Now the bank has passed the debt to a number of debt collectors , this is the third one who is contacting me. To make things even worse, at the time, back in 2008 I actually bought three properties via this vendor, so I actually have three mortgage shortfalls that I need to deal with. I have been living with a lot of stress ever since this has happened, it is really getting me down, has affected my whole life, mentally, physically, affecting my family. I feel I have been let down by the whole system, I purchased these properties in good faith, thinking this will be an investment for the future but in reality it has been nothing but a nightmare. I need to find out what I can do to stop the debt or not pay the shortfall the debt collectors are asking for. Can anyone help and point me in the right direction
  12. In March 2015 I was taken to the local magistrates court for certain council tax bills (briefly, I told the local council where I was living and they refused to update their records [the house was subject to a compulsory purchase order and the council wanted to pretend that the house was unoccupied] until I took them to a tribunal. They then updated their records and billed me for 5 years of council tax). The magistrate refused to grant a liability order for this old disputed council tax. I have paid recent council tax bills and I have a considerable amount of proof that I have done this (I even wrote on cheques what I was paying - where appropriate the cheques state it was full and final payment for the relevant year). The council has reallocated recent payments against the old disputed council tax and, after several adjournments, obtained liability orders for £5k of more recent, undisputed council tax bills in January 2016. I have stated that I have now paid these bills once and I have sent evidence of this to the council and their bailiffs. When I get a response it is that their records show a balance outstanding which they would like paid. The bailiffs are now "preparing papers" for an enforcement visit. I wont let them in but I am worried that they might take my car which I park on the street. This is a saga that, together with the compulsory purchase order, has dragged on for a decade. I would love to put it all behind me and get on with my life. I've done a Local Government Ombudsman Complaint and written to my MP & local Councillor without making progress. Any thoughts would be welcome.
  13. Hi, and thank you in advance for any help and guidance on this matter. I requested a cca from Lowell regarding a debt of £9000 (which consists of mainly interest charges) from very catalogue. They eventually returned an in signed agreement that has discrepancies on. There appears to be 2 different dates they state the account was opened, one is 07/12/2008 and an alleged credit agreement with an electronic tick for my signature dated 29/06/2011 The total debt is for £9,000.38 Of which £6,434.63 is made up of interest. I am wondering what my next step is, do I contact shop direct about discrepancies or Lowell ( who are demanding full payment or they are sending the debt to the collections department). I have a neurological disorder which hinders my thinking process and mobility and I have been classed as disabled because of it. I find the constant texting and phone calls disturbing ( I had written asking for all correspondence to be delt with by way of letter when I asked for the cca as my speak is slurred ) As I am unable to work due to my disability the funds would not be available to pay the disputed debt. Would I need to request a sar at all? They have placed the debt onto my credit score now as being in default. Sorry for the long post (trust me this has taken far longer to type than it has for you to read it Once again thank you in advance for any advice given
  14. My O/H has just received a court claim for a Lloyds overdraft , She has not banked with Lloyds since 2002. She left the bank over a dispute regarding ppi etc.( The bank was formally informed the account was in dispute) The claim is by Hoist Portfolio via Howard Cohen. She has filed an embarrassed defence and will post a s77 cca request to Hoist in the morning as we have nothing regarding this account ie aggreement / default notice etc... Besides possibly being statute barred she doubt's if these documents actually exist... Does she now just wait for cca s77 compliance OR is there more she needs to do.
  15. :-)Hi Have 2 NatWest credit cards taken out about 1995/1996 - on which I have been making token payments of £2 per month which just jogs along. £1400 outstanding on one card - £2200 on the other card. Token payments commenced about 2 years ago as lost job due to illness and have not worked since. I am 65 and now have heart failure problems - so trying to sort out affairs in case of further problems. I know I should CCA them - but what then. Do they write off debts? My GP can confirm my health position. It's crazy really - we all bailed out NatWest during banking crisis to the tune of some £20K+ each - so in effect they owe us! Your advices how to proceed would be greatly appreciated. Would it help to go through Citizens Advice or similar? Let me know what you think.
  16. Hi This is my first post so thank you in advance for any advice Briefly, last week I received a Statuary Demand from BWlegal and I have a genuine dispute with the creditor (errors on the credit agreement) and I also believe the debt is now stature barred. The loan was taken out in 2006 and the dispute I had with the creditor was upheld by the Financial Ombudsman. I want to apply for set aside and understand I have to fill in forms 6.4 and 6.5 but I have no legal knowledge and cannot afford a solicitor, could anyone help me with the wording for the Witness Statement? The demand was handed to me on Thursday 11th June. Thank you in advance for any help!
  17. Hi everyone, I'd be grateful for any advice you can offer: Plusnet offered terrible service so I reported them to CISAS. CISAS ruled that a) plusnet had to pay us £250, b) get our services working and c) if we decided to leave were not to charge us for any outstanding contract charges. We did decide to leave and in Dec 2015 I received an email informing me I needed to pay a final bill including outstanding contract charges. I responded asking for an itemised bill by post, and pointed out that they were instructed to not charge me for outstanding contract charges. I never received a response to this email, nor an itemised bill. I had prior to December been 'locked out' of my Plusnet online account so I had no means of checking the bill. Early Jan 16 I received another email from Plusnet- again, informing me I needed to pay a final bill including outstanding contract charges. I forwarded the initial email I had sent in December, again asking for the same information. Last week I received a letter from a debt collection agency on behalf of Plusnet. Plusnet have proved themselves to be utterly vile; they know I have a disabled son who suffers from anxiety and they - for many months - would instruct engineers to just turn up without any notice, even though I informed them of the problems this causes, and CISAS ruled in our favour over this issue. I have emailed CISAS with this information but wondered if there was anything else I should be doing and would be grateful for any advice. Thank you.
  18. I am really hoping someone can advise me here on the procedures for dealing with the following. I am the claimant and the respondent is disputing the majority of correspondence under S111 of Employment Rights Act. However, the Respondent does refer to this correspondence all the way through their particulars of response and is fundamental to my claim. I understand that S111 is not applicable in discrimination cases. My question is how do I go about getting this included in the trial bundle. I presume I make an application to the Judge to rule on this. I want the correspondence included as it clearly shows that the Respondent is lying in their particulars of response and is crucial to my case.
  19. Have a quick question I hope someone can help with. Lowell started court proceedings for an outstanding £200 debt to O2. I have no knowledge of this and I've never had a phone with O2 I defended it with the usual 'prove it'. The court has now said this is suitable for mediation. If I genuinely believe this is not my debt, am I right in thinking that I should decline mediation or would this look bad in the eyes of a judge. I just can't see what there is to mediate about if the debt isn't mine or do I agree to mediation and just state this at that point. Advice would be appreciated.
  20. Hi guys, I wanted to get the opinion of members here as a relative is having a hard time and although I don't know the legislation, I'm pretty sure it's unlawful. Here's the situation: My sister used a nursery for her daughter whilst studying at college, which was funded by a college program to encourage people to take up college courses. The program paid the nursery direct but still sent receipts to her. This ended about 4 months ago. Last week she received a letter from a debt collection agency demanding payment of approx £1400. This is alleged to be the cumulative shortfall between what the funding program paid and the nursery charged. This was the first time she's heard anything of the issue at all. She's questioned this over the phone and was told it was £220 per week, not the £160 she remembers (and the exact amount paid to them by the childcare funding.) She's checked with the funding people and they have confirmed all payments were made by them to the nursery. She requested a copy of the contract and they firstly told her they didn't have one, then told her it was in the post, then a week later when she called again they gave her a different address to request it from. Yesterday a single sheet arrived which they are calling the contract, however apart from the intro blurb about who the nursery are etc, the monthly fee box is empty. She has signed it, but it seems really strange to me as there's no terms on it. So she's signed to agree to nothing? She also found a previous invoice sent to her after a payment was made, which states the monthly cost is the weekly value x 52 divided by 12. Funnily enough this works out to be £160. Does anybody have an opinion on this or know anything about contract law? She's a single parent and debt collection agency letters really terrify her. Any advice would be much appreciated
  21. Hi all, Familiar theme here, my partner and I have disputed an overpayment of £3500 from 2010, we have refused to pay despite being hounded first of all by Advantis, who passed it back to the HMRC and now Rossendales who have sent a final demand before they return it back to HMRC. My worry is that I have heard that HMRC can take the money out of my wages, Is this true? and if so is it something that can happen quite often? Thanks in advance
  22. Out of the blue we have been contacted by EDF some 3 years after selling our house and settling our final bill. We've had a revised bill from them claiming that we owe them over £2,000 This is the story in a nut: Early 2012 - We were an EDF customer for a short time before selling our house at the beginning of 2012. - We paid by direct debit/standing order and operated our account in credit. - The day we moved (hectic) I took the GAS reading on my hand (we were being cajoled by the new owner who wanted to get in ASAP), it was pouring with rain. - I duly passed this reading onto EDF EDF sent us a bill for over £2,000 (early 2012), I had a coronary, contacted the new owner and got the reading she took the day we completed (my reading had included the spinning digits without the . ). The rain had smudged the figures in my hand, I had given EDF an incorrect reading. I called EDF with the correct figures and it was all sorted out. We received a revised bill the account was settled and all was good. Great! Fastforward to February 2015: - We receive 2 letters in quick succession from EDF - Letter 1, sorry we made a mistake we owe you around £300 call us - Letter 2, sorry we made a mistake you owe US over £2000 I have spoken to EDF and they realise that something is not right, the agent I spoke to stated that it would be impossible to run up a bill that big in the time period etc etc.. They are supposed to be sorting this out, but, it's kind of alarming and scary that they can be sending demands like this over 3 years since they account was all settled and closed. Any advice on dealing with them? The demand is definitely erroneous and we do have the original paperwork advising the revised figures etc. Thank you
  23. Hi All, I hope I have found myself in the right sub forum! I've leafed through pages and pages of helpful posts from you guys regarding Bryan Carter and similar situations to mine and I've been taken aback by how helpful people have been on this site with people's problems. I was, however, still unsure how to proceed with an issue of my own i'm facing and was hoping to ask for advice.... To start with I'll lay out the groundwork I had a contract with O2 some years back now (2011?) that originally started in 2009 or so, towards the end of this contract with maybe 3 months remaining on the current rolling deal the phone I was using ceased functioning and I called O2 to cancel the contract. They accepted this (and I have a letter confirming this action) as I had been on the contract for a long time and I dare say they more than made their money off me! I was also paying for two months where I wasn't using the phone because I am horrible at managing my money However some time later I received a letter from O2 demanding payment for the 'unpaid debt' and I responded saying nothing was due (including a copy of the aforementioned letter). Sadly this was ignored and I started receiving letters from Lowells, and Red, and eventually Fredrickson. In all cases I have simply sent a letter saying I have no debt and including the letter, asking for confirmation of what the debt source is. But now I have received a letter from Bryan Carter, and if my initial investigations are anything to go by, I will soon find myself in the unfortunate position of missing work to be dragged to a courtroom. Because of this I would like any advice anyone can offer with regards of how to deal with Bryan Carter, I had my first mail from them today (if no response in 14 days a claim will be issued etc). Am I in better stead because of them playing ping-pong with the debt? Is there anything I can do to keep this out of court? And what is the best way to ensure they drop this ridiculous charade and finally put this to bed instead of someone else sending a letter demanding money I don't owe in a few months time?! Its really rather stressful and I have to admit i've rather had enough. The initial debt was under 100 pounds, Bryan Carter are now estimating (with court fees etc) that they will be looking for 275 pounds. Is there a leg to stand on in that too? Looking forward to hearing back from you.
  24. I received a letter a few days ago from DWP debt recovery saying I owed £410. Somewhat confused I called them to ask what it was about and apparently it's from a budgeting loan I had when on benefits over 12 years ago. I paid this back by taking 4 cash instalments into my local jobcentre (now closed) when I first returned to work. The person I spoke to asked if I had receipts etc. Well I did but it was 12 years ago - I've moved house 3 times since then!! Who keeps receipts for 12 years? I understand that the 6 year statute of limitations doesn't apply to DWP/HMRC but is there anything I can do? I mean they could say whatever they wanted really - there's no way anybody could prove otherwise.
  25. Hi, this is my first post, so I hope I can explain the situation properly. I have a series of old credit card and bank overdraft/loan debts arising from previous financial problems, a divorce and health problems, all debts are unsecured. Some of the debts are joint with my ex. I was in a payment plan which stopped interest running but since November 2010, through ill health, I have not been able to make any further payments. Admittedly I have just left everything and apart from filing letters did not contact the creditors until March 2011 when I considering making myself voluntarily bankrupt. I wrote to some creditors to establish what they claimed was owing. I could not get the funds together to pay for a bankruptcy so decided to leave it to see whether the creditors would force it on me and pay for it themselves. I have no assets and don't own a house, although I do have a pension scheme in a SIPP which is not being drawn on. Nothing much happened until 22nd July 2014 when one of the creditors issued a claim form. The original creditor was CITI card who, apparently without my knowledge, transferred to debt to Cabot Financial in 2006. At the time I was in dispute with the amounts shown as outstanding by CITI as some payments made under the DMA had not been properly allocated. I then found that, despite the previous agreement with the DMA, Cabot were charging interest and had still not allocated the payments correctly. Several letters passed but the account was never adjusted, so the amount on the claim form is not correct in any event by £ 254.90. OK that is the background. So to the claim form. From reading other posts on this site I can give the following details to help with any advice you can give:- The claimant are Cabot Financial, Restons Solicitors Limited are dealing with the case. The POC are that 'The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Citifinancial dated on or about 17/01/2001 and assigned to the Claimant on the 30/05/2006 in the sum of £ 4,864.92' the account number and give a date of 01/07/2014 default balance 4864.92 Post Refrl cr Nil. Total 4864.92. Added to this are court fee £ 185 and solicitors costs £ 80 making a total of £ 5,129.92 it seems to me from reading through the posts that I should 1. Acknowledge Service online with the Court but state that I intend to defend all of this claim. 2. Send a letter to Restons for a CPR 31.14 disclosure. 3. Should I refer in that letter to my original dispute over the incorrect allocation of payments and interest or leave this until I submit my defence? 4. Do I send a copy of the letter to the Court and Cabot? Someone suggested I should contact the Court to tell them what I am doing, is that correct? Once they receive the letter I understand they then have 28 days to respond. Unfortunately I will be away at the end of August, what happens if something arrives while I am away? Do I advise the Court or will a deadline fall into that period? I understand I have 14 plus 3 days to file the acknowledgement and then another 14 days to file a defence. But does that 14 days run from when they supply the details requested? If they don't respond within 14 days to my letter, can I delay my defence by some means? Sorry I am rambling, but this is getting complicated and my chemo brain cannot cope. The other issue, and one reason I haven't been able to address the issue is that, I understood, as I cannot pay all of the debts, I cannot prefer one creditor over another. The main debt is to a bank and that is joint with my ex who has continued to make small repayments. As it is First Direct, they are not prepared to make any concession on the amount they want whereas other creditors have offered reduced settlements in the past. Does this overall situation affect how I should proceed? Obviously the original creditors were aware of the position when we entered into the DMA. So how can I prefer one creditor to the others even if I could make a payment into court to avoid a CCJ? Any help you can give would be much appreciated.
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