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  1. Name of the Claimant Hoist Finance UK Holdings 2 LI Date of issue 30 NOV 2018 Particulars of Claim 1.This claim is for the sum of £1678.00 in respect of monies owing pursuant to an overdraft facility under bank account no XXXXXX The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX SANTANDER UK PLC) to the Claimant and notice has been served. 2.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. 3.The Claimant claims 1. The sum of £1678.00 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?I don't believe so What is the total value of the claim?£1863.00 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Bank Account Overdraft When did you enter into the original agreement before or after April 2007 ?I think it was after 2007 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving one Did you receive a Default Notice from the original creditor? I don't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I can recall Why did you cease payments?couldn't afford payments due to low income What was the date of your last payment?Don't remember, nothing for at least 5-6 years Was there a dispute with the original creditor that remains unresolved? I don't believe so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?I'm sure I would have mentioned financial struggles and tried to but can't say this for a fact. ……….. Hello everyone, have just received a claim form from Hoist Finance regarding an old overdraft debt with Santander. If memory serves me well this debt is at least 8 years old, maybe more. This has come at a horrible time as I'm currently being assessed by my GP for suffering with depression and anxiety. I'm a University student and have already had some of my modules postponed for this. Not sure if any of that matters but figured I'd inform you guys of the full story. Haven't worked in a year but I'm on a zero hour contract and I'm still technically employed with the company (Could get work in the next two weeks if I ask for the hours). would love some help battling this, thank you.
  2. 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
  3. Apologies in advance for the long post, but I hope someone can advise me on this matter ASAP. I bought a car on hire purchase in 2009 from Ford Credit. Since becoming unemployed in early 2012, I have not been able to make regular payments on it. The debt was, at some point, sold on to a company named LINK Financial who, in June 2013, made a claim in the county court. I went for that hearing and explained my circumstances to the judge who gave me a grace period of three months during which I was to make payments of £50 pm, and then have the case reviewed. Unfortunately, the HMRC stopped my tax credits in July and I was unable to make the £50 pm payments; I had formally informed Link Financial regarding this fact. In Sept 2013, the case was reviewed in my absence, since the notice was sent to my old address, and a default judgement was entered against me. I am now planning to request that the judgement be set aside since my professional and personal circumstances have changed since 1st of october, and i am now able to make regular payments. My question: How good are my chances of having this judgement set aside and getting an opportunity to have a hearing where I can explain things to the judge? I am under a lot of stress due to this finance company constantly harrasing me with phone calls and letters, despite the fact that I have paid off more than fifty per cent of the debt. Edit: Do I need to enter a draft along with this application? Thank you for any replies.
  4. Today I received a white county courtclaim form from northampton for the MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012. On 12th Nov PRA Group wrote to me in response to my returned PAP form where I stated I dispute the debt because I need more documents or information Specifically I wrote: I need a copy of (1) the Default Notice, (2) the Notice of Assignment, (3) a complete set of statements detailing exactly how the debt has accrued detailing: (a) All Transactions, (b) Any additional charges, be them by the original creditor or you PRA Group (UK) Limited, the debt purchaser or any predecessor, © Details of all contractual interest added by whom and on what date, (d) List of ALL Payments made toward the Agreement. The PRA group letter on the 12th said, that in response to my query (PAP form) please find enclosed copy of statement of account from MBNA and a copy of the credit agreement (was an online application 2008) plus statements from the MBNA credit card (virgin). The letter goes on to say that they will put the account on hold for 30 days until 12th December to allow sufficient time to receive the letter and contact them. Today I received the county court claim form. I don't know what to do now? Please advise. Should I try to a negotiate an offer with PRA or will I have to pay in full somehow! I don't want a CCJ registered.
  5. 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
  6. Hi all Hope everyone is well. Had this back recently - after months on inactivity on all accounts. For a Lloyd’s credit card This is the one and only sheet sent back from Idem. Looks like an application form to me ? Any help much appreciated. Thanks for looking and Bon weekend ! Here is correct picture Lloyd’s scan 2.pdf
  7. Name of the Claimant Parking Eye claimants Solicitors: rosanna breaks Date of issue – 03/09/18 Date to submit defence = 05/10 What is the claim for – 1.monies outstanding from the defendant, as registered keeper, in relation to a parking charge, issued 31/05/18, for parking on private land in breach of the terms and conditions (the contract). 2.Parkingeye's automated number plate recognition system, monitoring campanile liverpool queens dock, l3 4aj, captured vehicle entering and leaving the car park, parking without authorisation. 3.The signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by parking eye and authorisation is required to park, along with other T+C's by which those who park on site agree to be bound. In accorance with the T+C's set out in the signage, the parking charge became payable. Notice under the protection of freedoms act 2012 has been given under sch 4 making the keeper liable. This is in reference to parking charge #### What is the value of the claim? £175 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? PPC Were you aware the account had been assigned – did you receive a Notice of Assignment? No I havnt done anything yet, I am in the process of sending the CPR 31:14 off Do i need to acknowledge the CC forms Any help will be appreciated
  8. Ok, sorry, its me again Andyorch, Another Northampton Court Paper has arrived Ive attached details below Name of the Claimant ? Cabot Date of issue – . 12th August 2016 What is the claim for – 1.The Claimant claims payment of the overdue balances (set out below) which the Defendant have failed to pay as required under Contracts with the following particulars Acc No XXXXXX Acc No XXXXXX between the Defendant and Lloyds TSB dated on or about Sept 18 1993 and Oct 06 2005 respectively The Contracts were assigned to the Claimant on Nov 02 2012 Particulars - Acc No XXXXXX Acc No XXXXXX 16/07/2016 - Default Balance - £4500.22 16/07/2016 - Default Balance - £9340.55 Post Refri Cr - NIL Total - £13840.77 What is the value of the claim? £13840.77 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? 2 x Credit Cards When did you enter into the original agreement before or after 2007? Before 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. Assigned to Cabot and yes they have issued Claim Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Don't think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so?? Why did you cease payments? Lack of work What was the date of your last payment? Defaulted in 2010, but then was paying £1 for a few years, then ceased this about a year ago Was there a dispute with the original creditor that remains unresolved? Don't think so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I wrote to them in 2010, and offered them the £1 per month Ok, please can you help me with what to do next 1. / I need to acknowledge the claim form - I haven't done this yet and intend to defend all of the Claim???? Haven't been able to access MCOL all weekend! 2. I presume I send off another CCA Request to Restons? 3. Send off a CPR 31:14 to Cabot 4. Please can I ask if the 6 year timescale is from when the Debt started in 2010 or when the £1 contributions ended? Your help and advice would be hugely appreciated again with these Court Papers
  9. Hi, I received another claim form on Friday from Moriarty Law for a debt related to a Spark Energy account. I'll post the full details tomorrow as I forgot to bring the claim form with me to work today. I have no recollection of ever being with Spark Energy, and the amount Moriarty are claiming is about £300. Coincidentally, on Saturday I also received a letter from Moriarty Law informing me that I will receive court papers shortly, and that they would like to still resolve this amicably. Firstly, I will complete the AOS online tomorrow defending all - I just wanted to check what CPR request to make of them, and as this is for a Utility debt whether the protocols are different? I am guessing they still have to present documented evidence in support of the claim? What should this consist of for a Utility debt?
  10. Hi all My wife recently received a County Court Claim Form which we have decided to dispute in full. I've completed the details below. I would be really grateful for your help with next steps. From reading other threads it seems my next move should be to send a CCA request to the Claimant and a CPR 31:14 request to the legals reps. Is this correct? Thanks --- Name of the Claimant: Cabot Financial (UK) Limited Date of issue: 09 Jan 2019 - Defence form submitted online on 24 Jan 2019 What is the claim for: By an agreement between JD Williams Ltd Re Fashion World & the Defendant dated 11/10/2015 ('the Agreement') JD Williams Ltd Re Fashion World agreed to issue the Defendant with a credit account. The Defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 688.36 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? £688.36 amount claimed + £60.00 court fee + £70.00 legal representative's costs = £818.36 Is the claim for: Catalogue 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...)? ***Wife is checking - will update*** 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 Unsure Were you aware the account had been assigned – did you receive a Notice of Assignment? No 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? Account was settled What was the date of your last payment? Unsure 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? No, as N/A
  11. Since our recent upgrade last month we are still having lots of problems with our mobile view. It will be very helpful if people could keep us updated here as to the problems that they are having. Thanks
  12. I hope for your help on how I should apply the Central London County Court to Enforce an Financial Ombudsman Final Decision using form N322A? I am a Danish pensioner, living in Denmark, on 28 March 2018 the Financial Ombudsman Service (FOS) made a Final Decision in my favor regarding my complaint against Abshire-Smith Global Ltd., 26 York Street, London W1Y 6PZ, which I accepted. However, the business has unfortunately not complied, i.e. paid me the required amount (GBP 84.833, incl. 8% interest and a GBP 750 compensation awarded by the FOS) within 28 days of me accepting the FOS Final Decision, as they were ordered to by the FOS, despite many reminders from the FOS and finally the FOS reporting the business to the Regulator (the Financial Conduct Authority), but all in vain. The FOS has therefore advised, that I can apply the County Court, nearest to the business, in order to enforce the ombudsman decision (see the attached FOS Consumer Factsheet "enforcing an ombudsman decision in court"). I therefore informed the business that I would now proceed to the County Court unless they complied with the FOS Final Decision - and thereby also saving the business the considerable court fee. However, as I did not hear from the business I sent my application by email (Enquiries.centrallondon.countycourt@justice.gov.uk) to the Central London County Court on 25 Oct. 2018, with all required documents duly completed incl. Form N322A, but less court fee (I requested the Court for information on the court fee amount and how to pay it). I received an automated reply, that I would receive a answer within 10 working days. However, 10 working days have now passed and I have not heard from the County Court, despite sending them a reminder last week. In the meantime Adam Neal, the CEO and Founder of Abshire-Smith Global, has sent me an email informing "Please note we have the option of a judicial review, which is what we are requesting". They have said this before to the FOS shortly after the FOS Final Decision, but apparently it was just a threat and I also believe they should have requested for a Judicial Review within 3-4 months of the date of the Final Decision, so it's properly another delaying tactic? I have, therefore, asked my contact person at the FOS, the Adjudicator,for information on what the Judicial Review means and how I can know if the business has actually applied for this, if the Court accepted the application, the processing time and whether I will be informed of the outcome. Apart from informing me she will inform me "shortly" I have not heard from her again in over 2 weeks, despite my reminder by email. I therefore wish to proceed to enforce my FOS Final Decision at the County Court, but how should I proceed, as they do not respond to my emails? I hope you can help me? enforcing-an-ombudsmans-decision.pdf n322a-eng.pdf
  13. Hi peeps Lowell have finally sent a claim form for my wife's Vanquis card. Name of the Claimant ? LOWELL PORTOLIO I LTD Date of issue – 03 DEC 2018 Date to acknowledge) = 21 DEC 2018 DAte to submit defence = 4 JAN 2018 [=1 day for emas eve I think only -dx] What is the claim for – . 1. The defendant entered into a consumer credit Act 1974 regulated agreement with Vanquis under account reference 4023************ ('the Agreement'). 2. The Defendant failed to maintain the required payments and arrears began to accrue. 3. The Agreement was later assigned to the Claimant on 31/03/2015 and notice given to the Defendant. 4. Despite repeated requests for payment, the sum of £27**.** remains due and outstanding. And the Claimant claims a) The said sum of £27**.** 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, accruing at a daily rate of £0.613, but limited to one year, being £2**.** c) Costs What is the value of the claim? £32**.** Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Vanquis credit card When did you enter into the original agreement before or after 2007? around 2010 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. Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably Did you receive a Default Notice from the original creditor? I think so but they haven't put that on the particulars of claim^. Credit report shows default date 31/07/2014 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Probably Why did you cease payments? Disputed charges, sent CCA Request to get to the bottom of it, they ignored What was the date of your last payment? December 2013 ish Was there a dispute with the original creditor that remains unresolved? fees Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? no I was going to deal with this in the same way as I successfully dealt with my own Vanquis card on this thread. Vanquis completely ignored the CCA Request for this one back at the beginning of 2014, starting with a CPR 31.14 request to Lowell Solicitors. However, this time Line 2 on the POC doesn't mention the default. Should I change my approach? Thanks
  14. Hi All, I was living in Dubai for 8 years lost my job didn't get paid by them etc.. so i had to leave as i couldn't find another job. That was a year ago, since then i have received a couple of letters form IDR about my outstanding debts out there , 4 different banks totalling around 250 AED. I've replied to them by email explaining that i am unemployed on universal credit, no assets at all etc. I didn't tell them i am just starting a small buisness online. There reply was we will give you 30 days before they start with their collections. Any advice from anybody please who knows about what they can do like CCJs or min payments. would it be best just to go bankrupt and tell them that. Thanks very much.
  15. name the issuing court: Kirkcaldy Who Is The Claimant: Cabot Financial (UK) Limited, Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP Who Are the Solicitors: Simon Nolan (Nolan’s Solicitors) What type of action? : Simple What is the claim for – 1. on 21/09/2015 the Respondent entered a credit card agreement with NEW DAY LTD under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit act 1974.. 2.The Respondent failed to pay as agreed on demand and is in breach of contract with the said NEW DAY LTD. The said supplier assigned all rights in the said debt of £3079.52 is the sum sued for. 3.The Claimants have made frequent requests to the respondent to make payment of the said sum but the Respondent has refused or delayed to do so. date of raised claim :- 20 November 2018 Last Date Of Service:-14/12/2018 Last Date For Response:- 4/01/2019 What Documents are listed in Box E2 1. No defence – No evidence required. 2. No Stateable Defence (rule 4.4 breach) 3. Defence on Prescription- copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required.) 4. Denial of Agreement – Copy agreement dated 21/09/2015 N.B Generic rule 8 order should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead such as assignations or default notices until/unless specific defences are led. The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be plead due to Omnia Praesumunter Rite Acta Esse (trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419 420) The claim is for a credit card from Aqua BOX D5 what has the claimant stated: The claimants request that the court order the respondent to pay the sum of £3079.52 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.:- It is the debt purchaser who issued the claim. 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? Not sure, sorry. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not that I have noticed When was you last payment:- 23 June 2017 Why did you cease payments:- I could not afford the payments, I lost a lot of work and my income went down so low that I was unable to keep up the payments. Was there a dispute with the original creditor that remains unresolved? NO, but I dispute the amount I am being pursued for on the basis that my credit limit was only £1500 yet they want £3079 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes, I offered to pay £10 a week and although they did not formally agree I continued to pay the £10 until June when I simply could not afford it. I have been served with this Form 6A, the simple procedure for notice of claim from Cabot regarding an Aqua Credit Card I had. I have no idea what to do as I am owe money but not £3092, my credit limit was only £1500! Can anyone advise? I only have a few days to respond and dont know whether to ask for time to pay (I have very little to spare, if anything due to my current financial circumstances) or to dispute the claim and stating the reason as being the amount is in dispute... I have filled out the parts requested to the best of my abilities any help is appreciated, i did not realise the date to respond is 4 days from now so im a bit panicky.
  16. Hello all Caggers. I have not posted on here for a while, but tend to look around from time to time. As most of you will already know there is currently a payout going on with the mess with switching claimants from incapacity benefit to ESA. We filled in the long winded form and sent it back to DWP in December. Around a week ago, we received the B16 form to fill in and send back. When did the DWP start counting their partners earnings and adding ESA to the combined income of the household? I seem to remember in the not to distant past, my partner who was on Invalidity Benefit which then changed to Incapacity Benefit and finally (at this present time) is Employment and Support Allowance, used to be classed as only them receiving the benefit, not taking into account any earnings that I earn. Does someone know what date this happened? I am curious to know, before I fill out the B16. Regards, Allets.
  17. Hi, I'm looking for some advice on a PCN that was issued last year 07/09/2017 for parking at Croydon Poplar Walk car park. I did park there on the 7th September, and didn't make the payment as I think my phone had issues (or I forgot) and called up the number the next day when I remembered on the PaybyPhone site/board to ask how I can pay for the previous day as when I checked the website I couldn't find any other contact number. The operator told me she couldn't help me as there was no mechanism to make a back dated payment. I've parked in the same car park multiple times and always made the payment. When the first letter came, I remember vaguely I called to say I tried to make the payment the next day, but they wouldn't have any of it, and said the notice in the car park says clearly that the payment needs to be made within 30 minutes of parking. I tried appealing on the call saying I had tried to make the payment the next day and explained I'm more than happy to pay the parking fee with an appropriate interest for it but the fine of £60.00 seems a bit steep, but they didn't budge. I tried to search up the actual legal owners of the car park, but couldn't find any details for them. Subsequently, I got a few letters from Civil Enforcement where the money owed kept going up, but after trolling through a few sites which recommended ignoring these letters, that's what I did. Then I got a few letters from ZZPS which had threatening tones (and amount kept increasing, all of which I threw away) and then got a couple of letters from QDR solicitors, the last one dated 25/5/2018 threatening stated they would obtain a CCJ, which I kept. I didn't do anything, as after looking up similar letters the general advice seemed to be to ignore them. Last week I got a Claim form from County Court Business Centre, Northampton dated 11/10/2018 which looks very legitimate as it has the county court stamp (albeit a bit faint). The amount now states £331.59!! Feel like I should've just paid the £60.00 last year. It seems a bit unjust that a £5.00 parking fee should end up having such a huge fine!! What should I do? Any help will be greatly appreciated. I've attached the first page of the claim form (it has 4 pages in total with page 2 being a 'Response Pack', page 3 is "Admission (specified amount)" - lots of sub-sections and is double sided ending with a declaration. Page 4 is "Defence and Counterclaim (specified amount)" - also double sided with lots of sections. I've also attached a scanned copy of the letter from QDR solicitors. Please help me.. feeling very anxious now! Kind regards Al
  18. Name of the Claimant ? Southern Water Services Date of issue – 12th December 2018 Particulars of Claim 1.The Claimant is a statutory water and sewerage undertaker to the Water Industry Act 1991 (the Act) 2.The Claimant claims the sum of £4559.62 for unpaid water and/or sewerage charges payable under s.142-144 of the Act and the Claimants’ Charges Scheme. 3.The unpaid sum of £4559.62 is for water and/or sewerage services provided to the Defendant(s) at XX XXXXX XXXXX (my address is here) for the period 11/07/2007 to 09/07/2018 4.The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 09/07/2018 to 11/12/2018 on £154.90 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £1.00 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No What is the total value of the claim? £4559.62 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? water When did you enter into the original agreement before or after April 2007 ? No 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. Original creditor Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Redundancy What was the date of your last payment? Unsure 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 - i made a plan to pay through a card but found it difficult to pay through the card plan ……………. Can anyone help me with filing an online response to a claim form I received via Shulmans for a Southern Water debt. I realise I will have something to pay, but they are claiming from 09/07/2007 and I only moved into the property in the November 2007. In addition, am I right in thinking that that over 6 years is subject to the statute of limitations and can therefore not be claimed for. I completed an acknowledgment form within the 14 days, but I’m now feeling anxious that my online response covers everything correctly to give me the best outcome. ​Help needed
  19. Name of the Claimant ? Lowell Portfolio I Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/01/2019 Particulars of Claim What is the claim for – the reason they have issued the claim? 1) The Defendant opened a Bank of Scotland ( Credit Card) regulated consumer credit account under reference xxxxxxxxxx on 08/06/2009 ('the Agreement') 2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated. 3) The Agreement was later assigned to the Claimant on 17/06/2015 and written notice given to the Defendant. 4)Despite repeated requests for payment, the sum of £3,229.76 remains due and outstanding. And the Claimant claims a) The said sum of £3229,76 b) The interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.708, but limited to one year, being £258.38 c)costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes in January 2018 Did you inform the claimant of your change of address? No What is the total value of the claim? £3753.14 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, credit card When did you enter into the original agreement before or after April 2007 'Don't remember, may well have been 08/06/2009 as mentioned in the claim particulars 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. The debt purchaser issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I dont remember receiving one Did you receive a Default Notice from the original creditor? Don't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year TBH as soon as I see Lowell on the letter head I tend not to read it - Why did you cease payments? Financial difficulties What was the date of your last payment? 04/12/2012 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? No I'll be sending a CCA and a CPR31.14 request off tomorrow. I was planning a defence based upon SB but with the last payment being 04/12/2012 I don't think that will stick as the COA date doesn't seem to be the last payment date any longer? 2012/13 was a really bad 12 months financially and personally and Lowell have been harassing me for every defaulted debt from this period for a long time. Lowell already have 3 CCJ's on my file, for 2 of them they placed a charge on my property. These were paid when I moved house at the start of 2018. I don't want a new CCJ and I hate the thought of having to pay these guys a single penny more. Any and all help gratefully received
  20. Hi Guys, I had a Mr Lender loan a good while back, for only £184. I believe it was nearly statue barred. (Screenshot of noddle report attached) However, yesterday I received from ‘Moriarty Law’ (also attached) and today a County Court Claim form (this is also attached). I’m unsure how to proceed and would really apreaciate the groups advice. Many thanks.
  21. Name of the Claimant ? Jc international acquisitions Date of issue – 28th November 2018 What is the claim for – the reason they have issued the claim? 1.The claimants claim is for the balance due under an agreement with talk talk limited dated 11/12/2012 Which was assigned to the claimant on 31/03/2015 and notice of which was given to the defendant on the 31/03/2015 and which is now all due and payable. 2.The defendant agreed to pay monthly instalments under account number xxxxxx but has failed to do so. 3.And the claimant claims the sum of £135.30. The claimant also claims interest thereon pursuant to s.69 county court act 1984 limited to one year to the date hereof at the rate of 8.00% per annum amounting to £10.82 What is the value of the claim? £221.12 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? The claim is from a house phone/broadband account. 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. Assigned to debt purchaser issued by MORIARTY LAW. Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't believe so Did you receive a Default Notice from the original creditor? I don't believe so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware. Why did you cease payments? Not sure What was the date of your last payment? Not sure 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? I don't believe so no.
  22. Name of the Claimant Lowell Portfolio 1 Ltd Date of issue – 07/01/2019 date to acknowledge 25/01/2019 date to submit defence – 08/02/2019 Particulars of Claim 1.The claim is for the sum of £310, due by the defendant under an agreement regulated by the consumer credit act 1974, for a SD account. An account with reference of …… 2.The defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1)under the consumer credit act 1974. Which has not been complied with. 3.The debt was legally assigned to the claimant on 27.01.2017, notice of which has been given to the defendant. 4.The claim includes statutory interest under s.69 of the county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of the issue of these proceedings the sum of £26 the claimant claims the sum of £340 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?NO What is the total value of the claim? £420 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue 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 to lowell 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? No 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? redundant What was the date of your last payment? cant remember will see if its on bank statemewnt 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 dmp - Yes and no ….......... received a claim form yesterday, have acknowledged service. just about to do letters to creditor and solicitors will keep you all updated as i go
  23. My son visits a local car park to pick up a manager of a local business adjacent to the car park, takes her to Bookers Cash & Carry and then brings her back to the same car park with the few items she has purchased for the business. The car park backs on to the rear entrance of her business and there is an HX Car Parking notice there which says it is OK to stay for up to 10 mins without a requirement to pay for a ticket. After one of these occasions he received a parking charge notice from HX accompanied by a photo of his car entering the car park on his first vist and another of his car leaving the car park on his second visit, total duration 79 minutes. He was only there for a few mins on the first visit and the same on the second which is within the rules stated. The charge was £120 or pay now for £60. We thought this was a simple ANPR technical error and wrote to HX stating this and advised them to re-examine their photos and find the two missing pictures of him leaving and returning which would be the solution to the issue - no response except for another letter stating that the charge had gone up to £125 (not the £120 stated?). We wrote again with the same explanation with no response except for a further letter from their solicitors (Gladstones) giving one last chance to pay the full charge. Upon research I find that HX, Gladstones and their arbitration service are all part of the same group and operating a cash generating machine. We ignored that letter and have now received a county court claim form inviting him to give a response before being taken to court. Any advice appreciated on how to proceed with this. Do I need to get him a solicitor and if so can I counter-claim for the expense? Is there any way of derailing this procedure before it reaches court?
  24. Name of the Claimant - Vehicle Control Services Date of issue – 30 Aug 2016 What is the claim for – the reason they have issued the claim? 1. The claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a PCN issued on 3/7/2015 at *home address* 2.The PCN relates to *reg number* The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN, but the Defendant failed to do so. 3. Despite demand having been made, the defendant has failed to settle their outstanding liability. 4. The Claim also includes Statutory Interest pursuant to section 69 of the Count Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 3/7/2015 to 26/8/2016 being an amount of £8.42 5.The Claimant also claims £54.00 contracual costs pursuant to the PCN T&Cs." What is the value of the claim? Amount claimed: £162.42 Court Fee: £25.00 Legal costs: £50.00 Total: £237.42 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 ? Yes - BW Legal Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Hi all, I'm aware that there are hundreds of posts on here with information and answers etc. but having skimmed over around 5 different threads I'm still confused on what to do. I'm currently off on Maternity Leave so I don't get much time to sit around hence needing some quick help. .. it would be very much appreciated! I live in an apartment block and the car park below is private, managed by VCS. We have one space allocated per apartment and have to display a window ticket all year. I wasn't aware that the ticket had an expiry date of 30/05/2015 hence receiving a parking ticket for not displaying an updated ticket! I found it absurd that I had a ticket clearly shown but didn't realise I needed a new one so suddenly had to pay £100.00 for parking outside my own home. I haven't got any of the paperwork they've sent me as it all went to my mum's address where my car was still registered (hadn't got round to updating my address as we'd not long moved in) I told her to just chuck it all. I did read on a few forums about appealing when I first got the charge but I'd missed the deadline. next advice was to ignore. I still refuse to pay it and will happily stand infront of a court and give my reasoning, not that I'd win but out of principal. Any help on next steps would be great. Thanks Answered questions below which I believe help:
  25. Hello, I have received a Claim Form issued 07 Dec 2018 that I need to respond to. I have no previous communication regarding the PCN, the issue date of the PCN was 26/09/2016. Claimant: Excel Parking Service Limited BW Legal Particulars of claim: "The Claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 26/09/2016 (Issue Date) at 18:42:53 at Cavendish Retail Park Keighley. The PCN relate to .... under registration ... The terms of the PCN allowed the Defendant 28 days from the issue Date to pay the PCN, but the Defendant failed to do so. Despite demand having been made, the Defendant has failed to settle their outstanding liability. The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 26/09/2016 to 06/12/2018 being an amount of £16.04. The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions" Amount claimed: 176.04 Court Fee: 25.00 Legal representative's costs: 50.00 Total amount: 251.04 Advice on how to respond would be gratefully received. I am willing to face them in court if it comes to that.
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