Jump to content


BankFodder BankFodder

Search the Community

Showing results for tags 'legal'.

More search options

  • 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
    • Campaign
    • Helpful Organisations
  • 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
  • Work, Social and Community
  • Debt problems - including homes/ mortgages, PayDay Loans
  • Motoring
  • Legal Forums
  • Latest Consumer News


  • A Say in the Life of .....
  • Debt Diaries
  • Shopping & Money Saving Tips
  • chilleddrivingtuition

Find results in...

Find results that contain...

Date Created

  • Start


Last Updated

  • Start


Filter by number of...


  • Start



About Me

Quit Date

Between and

Cigarettes Per Day

Cost Per Day


Found 565 results

  1. I've received the following letter from Lowell solicitors regarding a default from 2012 for about £1700. I've previously tried to negotiate a settlement figure but got very little response. Although I have found a letter they sent last year offering a 60% reduction in the debt. Any suggestions on my next course of action? PAP LOC (1).pdf
  2. Thanks. I have previously SAR'd Vanquis. I'll dig it out and post here Here's the SAR response jpg2pdf.pdf
  3. Hi I received some excellent advice from CAG after I had some major employment and debt issues between 2008 and 2011 which resulted in a number of my accounts defaulting, once again I am in need of assistance please. One of the alleged debts I defaulted on was in respect of a BOS Credit Card, under duress I continued paying £1 per month until August 2016 when it was sold to Cabot Financial. The balance claimed is around £4k. Cabot quickly passed the account to Restons who wrote in February 17 threatening legal action to which I issued an unsigned CCA request together with a £1 postal order. Restons rejected the CCA request as it was unsigned, therefore I signed it and resent it with a letter as follows; ___________________________________________________________________________________________________ Further to your letter dated XXXX in response to my second formal request for a copy of the original credit agreement for your reference shown above. I am somewhat surprised at your request considering you have happily sent personal information to my address if you are now uncertain that I am the correct person. For the avoidance of doubt there is no requirement under the Consumer Credit Act 1974 nor the Data Protection Act 1998 for my request to you to be signed. Never the less, I return to you now signed my original letters dated 23 March 2017 and 28 March, together with Postal Order: for £1. This postal order represents the fee payable under the Consumer Credit Act 1974 in respect of my request for a copy of this credit agreement and a full breakdown of the account including any interest or charges applied and must not be used for any other purpose. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account on request. I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or micro-fiche document from other sources but indeed the original signed document purporting to be signed by myself. Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state in line with s.127 (CCA1974). I look forward to receiving the documents requested within the next 12 days. ___________________________________________________________________________________________________ I have also sent an unsigned CCA request to Cabot which has been acknowledged and is in process. I have today received the attached letter from Restons advising legal action is commencing, although they have stated the Postal Order and letter has been returned this was not included in the envelope. I have contacted Royal mail to obtain confirmation the Postal Order has been cashed. I would really appreciate guidance as to how I should respond as Restons appear to have no inclination to provide a copy of the CCA and appear happy to proceed to court on this basis. Many thanks Bozalt IMG_1942JPG.pdf
  4. Hi there, I’m hoping someone may be Able to point me in the right direction. My son received 3 parking tickets last year from Brittania parking. He has ignored all correspondence from them. Today he has received a letter from bw legal which states they have been instructed by Britannia parking Ltd to commence legal action. The total they are claiming us £575.37 I believe the car park is one which takes pics on way in and out. The letter is giving me the options to : agree he owes the debt owes some of the debt but not all of it doesn’t know whether he owes the debt disutes the debt. then it’s for income and expenditure forms with it. I do do not believe he has just deliberately ignored the letters. My son had a stroke last year (his 20) which has left him on a lot of medication and problems. I am his appointee now for dwp as he isn’t able to manage. I just wanted to know if anyway could give me some advice or point me in the right direction. Many thanks for your time.
  5. Hello, first of all I would like to say I'm really glad I found this forum. After looking through some of these recent posts, I've noticed that others have had invalid 16+ oyster cards made for them and also got into trouble with inspectors. My case however, seems to be slightly different. I am an 18-year old student currently in full time education. This means that I am entitled to a 16+ oyster card already, and eligible for free travel. However, I couldn't figure out how to make the account and actually get the oyster card. I've noticed a lot of people on social media getting these 16+ oyster cards. At first I assumed this was for people who didn't know how to set up the account themselves. There was one particular guy on Snapchat, who was advertising these 16+ oyster cards. He kept posting people using his 'service' and thanking him and since I didn't know how to do it myself I just decided to let him do it for me. I messaged him, and he said he will do it for £50. At first I was like what the hell, £50 just to set up an account? But since so many people used his service I thought it must have been a complicated process (which is a very stupid thing to assume now that I look back on it). But of course me being the stupid 18 year old, I thought to myself that I want to get an oyster card as soon as possible since I was tired of walking 1+ hours to get to college and the guy convinced me he will have everything ready for me within 15 minutes. I have recently started working my first job, and got my first couple pay checks I'm stupidly thinking "whatever I can afford the luxury of having this done for me". I send this guy a photo, my address, my full name and my date of birth. He sends me back log-in information and I pay for the £20 oyster card fee. Few days later my oyster card comes no problem. Now, I'm in my last year of college (finishing in 2019) but my oyster card expiry date said 2020. I message this guy on Snapchat saying why does it say the oyster card expires in 2020 when I'm finishing college in 2019. He says to me that on the system it will say I'm 17 years old, but because college is usually a 2 year course it will expire then. I was thinking that's really odd, I assumed the system would obviously say my actual date of birth. I should've noticed this is a red flag, but I had already received my oyster card I'm thinking that TFL obviously must have checked the account, and confirmed that I was eligible, otherwise I wouldn't have received the card. I just brushed it off without thinking much about it. Fast forward about 1-2 months of using the oyster card no problem, inspector comes on and I give him the card. He asks for my name and I point to the card and say my name. He asks for my age/date of birth. I was born in the year 2000. I say my actual date of birth, but remember that the guy said on the system it will say I'm 17. said "10th of May, two thousand-----and one" I added the "one" at the end thinking that it will say I'm 17 on the system so it would make more sense. Inspector says okay, and it was my stop approaching I let him know that it's my stop and he nodded his head. I got off and that was that. Didn't think anything about it at the time. Fast forward again about 3 weeks, my oyster card stops working. I didn't for a second think that the inspector thing and my card stopping was related at all, in fact I had already forgotten about him by that time. i'm wondering why my card stopped working. I'm talking to my friend at college later that day and I asked him if he's got a 16+ oyster card. He says yes. I ask is it working? He says Yeah. So I ask how did he get the oyster card. He said he made an account on TFL, printed out a form, got it stamped and signed by the college and sent it to the post office. I was like "oooh damn I didn't do that, that's why it got stopped". now I'm annoyed that my oyster card is not working when I paid £50 for it, especially now that I know how to set it up myself and the guy never gave me a form to give to the college. I look for this guy's Snapchat that got me the oyster card, and it seems that he deleted it. I'm really annoyed now but oh well, I guess it's a lesson learned I thought to myself. I had about 6 more months at college by then I just decided to start walking again so that I didn't have to pay another £20 fee. Now here's the ice breaker. About 1 month after this I received a letter. Boom - I have been summoned to court for the use of a 16+ oyster card that I was not entitled to. It says that the inspector which questioned me asked for my date of birth, and I gave him the wrong one in order to make the card appear valid. It then says when asked for my name and address I got off the bus without providing them?? This came as an absolute shock to me. I gave my name, I was definitely never asked for my address. I gave that date of birth thinking that's what it will say on the system. With the letter, came attached a print screen of my account details (which I haven't seen before). My date of birth was completely wrong. Wrong day, wrong month, wrong year. And now it appears that I have to be at court and pay a fine of about £400, plus a potential criminal record? I tell my dad the whole scenario because he has handled cases before. He gets a bit angry thinking why I didn't ask him to help me make the account, but I recently turned 18 and just wanted to do stuff without asking anything of my parents. he says I need to actually get a legitimate 16+ oyster card ASAP, to prove that I'm entitled to one. So I did, and it just arrived yesterday. I wouldn't really be worried about this that much since I wasn't aware of doing something wrong, I was just really stupid to see it. But it seems that even if you do something like this wrong mistakenly, you're still at fault so I'm a little scared. I've never been in trouble with the law before and had no idea what I was doing was illegal. What makes it even worse is the fact that the letter says that I got off the bus when asked for my name and address without giving them. But this is false, I did give my name and I was certainly NEVER asked for my address. But I'm guessing that they will take the word of an experienced inspector than a dumb 18-year old boy? Should I be worried? Should I expect to have to pay the fine and/or get a criminal record? Court is supposed to be 6th of March, I'd like to settle out of court but if that's not possible, I'll plead not guilty because I was not aware of doing something wrong. I do admit and take responsibility for being stupid and not realising that the Snapchat guy saying "it will say you are 17 on the system" is dodgy and doesn't make sense. But that was when I received my oyster card, and I thought that as long as you receive one from TFL they would have checked the account and confirmed it eligible. Should I contact TFL asap and explain everything as I have here? I just need advice on this situation and how to approach this. Please note that I am an 18-year old who knows nothing about law. I would've never in a million years thought I'd have to go to court during my lifetime, considering my extremely boring lifestyle. But now that I'm here this all feels surreal and I'm filled with anxiety. Advice is greatly appreciated, and I apologise for the long read.
  6. 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.
  7. Morning All, I wonder if you could offer me some help please. As vehicle's registered keeper, I've received a letter of claim from BW Legal and understand from reading previous posts that this does need to be responded to. I've ignored all previous correspondence from Brittania, DRP and Zenith because my understanding was that the NTK needed to arrives by the 15th day following the alleged contravention (it actually arrived on the 24th day!) i have kept copies of all previous correspondence sent. Any advice on how to respond to them would be really appreciated. 1 Date of the infringement 5th April 2016 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 27th April 2016 3 Date received 29th April 2016 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] NO 5 Is there any photographic evidence of the event? YES registration details with small date/ time stamp at top of image 6 Have you appealed? {y/n?] post up your appeal] No Have you had a response? [Y/N?] post it up 7 Who is the parking company Brittania 8. Where exactly [carpark name and town] Chelmsford, Essex, Army and Navy Car park CM2 7PU For either option, does it say which appeals body they operate under. BPA Thanks, Jo
  8. Please can you guys advise me what I can do. The Third party insurance making it very difficult and seem like they are looking for ways not to pay. If this is the case I will be liable for the costs, which would set me back in life. Background 1.I had a collision, and claimed for the damage to my car personal injury. (it was non-fault but the Third party claimed 50/50). The case went one. 2. Third Party gave me a cheque for half on non-prejudice basis. The day they sent this, My solicitor took the hire car back from me. 3. Cheques take some time to clear, However I saw a car I liked. I asked for a loan from my cousin, on the basis that I pay him back when the cheque clears. (he previously said no, as I had nothing to pay him back. A few months down the line my solicitor called me. They cant get a better offer than 50/50. Its his word against mine. I asked what will happen to the hire car fees. They said you will get half. The other half will be written off by the hire company. I agreed. I thought everything was done,. but 7 weeks later... Issues 1. Third party wants proof I brought a car (I give them insurance documents) 2. Third party checks my bank statements. They ask were is the transaction for the car. (The car was brought cash in hand, I gave them proof of the bank transactions of my cousin loaning me money, plus screen shots from his bank. And screen shot that he paid my insurance money. 3. Third party gets in touch again. Where is the cheque we gave you and why did you not borrow money earlier. (I sent a screen shot of the cheque in my bank and said no one wanted to give me a loan) but once the cheque was posted I had people willing to loan me money as I had means to pay them back. not heard anything back yet. Questions Why are they making it so hard? I just want this to over. My life has been put on hold. Because I am afraid of what may happen if they refuse to pay. I seen many posters around about the same situations, but never the final result. I just don't want to keep prolonging this. I have provided enough evidence to show the need for a hire car, plus they have my bank statements they know my financial situation. what more do you think they can ask?
  9. this will be a long one so please bare with. I want to make sure i am not going insane as I feel like i am slowly losing my mind where this firm is concerned. Ive seen the others who have been threatened by BW Legal and offered advice, but i think i need some too ------------------------------------------------------------------------------------- In 2012 - I suffered a case of ID Fraud. There was a loan from TMS for £100 I think. I also had another loan taken in my name for £300-odd which is not with them thank god but is with PDUK who are under the same brand. I had tried with both firms to prove it was ID Fraud. We didnt reach an agreement on both accounts and subsequently i left them well alone at this point. Now the PDUK is still with ICL but i think this will not be going anywhere for a while due to the fact that I have enough proof for that one from 2012. Now here's where BW Legal come in. In December last year they had purchased the £100 loan from TMS. It had been inflated to £200-odd. In Jan i got the usual welcome to BW Legal letter however the tone of the letter was rather threatening from the offset. They told me that my account was being considered for legal action right off the get go i complained to the CEO Sean and his cohort COO Rachel. back and forth we went with me trying to prove that i was not liable while they provided no evidence that I was. I refused to provide any ID because its not my issue and i fed this to Actionfraud and got the usual reference. this is where Sean decided to access all Social Media related info about me. From then on I was rattled... And with good reason, how would you feel if your social media was used against you in that way. Photos and photos of you being spammed into your inbox. the end result i put them into a pass where the account was closed off as they werent able to verify the loan was mine. this wasnt the end of my nightmare. The FOS stated that BW Legal hadnt overstepped the mark which by that point it was over with the FOS. in April i had subsequently found out that they had purchased another account from 2016 - £722. Slightly concerned i dont recognize it - I began to investigate it. BW Legal were rapidly threatening to take legal action on this one. to stop it - I agreed to pay £1 per month to them to lock up their system so i could investigate it and collate evidence to disprove my liability to them. Before this i had asked for 3 months to allow me to investigate the issue - I was abruptly told no in writing and over the phone. hence why i decided to pay them the equivalent of a small price of lambrini over the last 8 months. ------------------------------------------------------------------------------------- towards August I start to get frustrated with the firm as I begin to go through their complaints process. During the entire time of this process - I found out that the address that the loan was paid out from was incorrect. It was apparently changed i had no idea of what was going on behind the scenes. I also subsequently managed to find an email address that had been hijacked that Ive managed to gain control again (Thanks to Google). However there are no emails in there from TMS - Only from BW Legal escalating their claim. During September - I get my Final response from them stating the below; I further challenged them to provide a copy of the agreement and statement which they provided what they gave me was most certainly not a correct calculation of the balance etc from what i received from elsewhere on my investigations. Since then i have been to see the police and discovered that some of my post may have gone missing around that time. This was March 2016 when the loan was "Taken" - Heres the clincher. I have checked with my bank which BW Legal claim the money was paid into. There is no deposit on the date in question - Infact there isn't one until the 28th of March which was my salary from my job at the time. There was no deposit between End of Feb and End Of March. I have had this verified on a number of occasions by my bank and they confirm every time - Nothing to be found. On top of that - I requested a copy of the Famous "Fraud Declaration Statement" that we have seen here on CAG to retain in the event that this goes any further. I have also now reported this to Actionfraud and got a ref. When i went to see the police again early this year to double check Actionfraud was the right move, they agreed and they stated that i should be left alone after that. on the 5th December i receive a letter telling me that "We have already identified that you are liable for this in our previous investigations so we wish to know your reasons for why you want the "Fraud Statement" - Then they still sent it anyway without me even responding... I then snapped at work with a few people after i got no sleep when i responded to their letter for the Fraud Statement. Im not gonna lie - Its kinda taken sleep away from me and put tremendous strain on me... They seem so tenacious. last bit to now... i snapped and gave in and offered them £200 over 10 months. But with some caveats. - Full removal of CRA info - Full removal of searches by BW legal. - No further contact... Free money to them - Just to get them off my back. They declined and I was told that it would 50% of £356 and no removal of info. My response "I didn't ask you for a counteroffer, Douchebags" - i upped it to £240 over 12 months. Told that that had also been rejected. i responded telling them that my offer would remain open until the day that a claimform hits my doormat. And then after that day - All offers are off the table. Now here we are... While this part might be irrelevant, but ive known for a while - Rachel is also Director of PRAC Financial - It turns out they have virtually no staff and that all offers for consideration (Even though my offer doesnt need to be considered because they dont get a choice in the matter) go only to her. Consider she is Sean's sidekick as well as COO of BW Legal its kind of gutting that the director is pulling the strings on what is acceptable. I found this out tonight. aside of that i need advice on how to proceed. I have invited them to litigate because they dont have what i have but some good news - they have the correct address so no backdoor CCJs. This really is doing my head in i know i shouldnt contact DCAs in this case I have tried to open a positive, constructive discussion with the firm only to have it bounced back in my face. They appear rather greedy in my eyes... -------------------------------------------------------------------------------------
  10. Hi all, Today my wife received rather thick envelope containing letters from Lowell and BW Legal, containg a reply form, which after looking about online seems like a new thing (pre action Protocol?). My wife hasnt heard anything about this debt in a very long time, plus we moved home last year so that possibly hasnt helped matters. The debt is for Vanquis Bank (Credit Card) and was defaulted on 31/10/2012 - no payments have been made since before this date and its approaching being statute barred. Whats the best way to proceed WITHOUT acknowledging the debt? Do I tick boxes D to dispute the debt and tick box I and ask for more information? If so what information? Should I also sent a normal CCA letter with the reply form? Do I now just deal with BW Legal seen as all this has come from them as Lowel say it has been sent BW Legal? Many thanks Martyn
  11. Hello I am suing a builder, without legal representation, so it has been a very steep learning curve! Late November, and most of December 2017 I was ill wilth Flu combined with Shingles - the latter affecting eyesight. I know this was a stress thing. My question really is that documents should have been exchanged on 14th November 2017, i attended Defendant's solicitors (partly to keep my costs down) at the correct time and date and saw defendant's Solicitor's assistant - Solicitor was busy! I duly handed over my information, none forthcoming from the other side. I was not unduly worried as such because I thought perhaps that was how it worked! Around the 5th/6th December I received a large envelope from Defendant's solicitors with paperwork in it, these being the documents that should have been exchanged before. My only real questionable thing about them was a couple of the items included were from MY information, which he did'nt have before my visit to exchange! I received a letter on the 8th December, from the Defendant's Solicitor telling me the case had been "struck out"and enclosing the bill for Defendant's costs! I contacted the CCMCC and was told that I needed to pay £100 to ? (I can't remember the wording). I sent this off, contacted other party's solicitors and told them i had done this. I never knew why it was struck out - only defendant's solicitor told me this. I received a letter from CCMCC saying that the actual cost was £255 (!) so I sent that off. Again speaking to CCMCC it appears that everything is continuing forward so I take it no longer "struck out". Now that I am actually feeling better, I have been able to think things through a little bit more logically, a huge amount of time double checking on the internet - am i too late in requesting this case be "struck out" because of non-compliance by defendant's solicitors? It is entirely my fault that i did not pick up on the "non-compliance" item about exchanging documents - although the more i do think about it, I now believe it was deliberate because i didn't know any better. Any advice would be really welcome
  12. Hi all , it is my first time ever discovering forums like these in my life. I'm Matt I'm a 26 year old male and to cut a long sob story short i have been ignoring various debts for years as they always used to get passed from pillar to post so i'm not entirely sure which company owns which debt etc. Following a bereavement in 2012 my life spiraled downwards into chaos , i drank a lot of alcohol every day for a long time i lost my home ,my job , my friends and just about everything you can imagine. I used various payday loans to pay for my drinking once i had lost my job and i tried to take my own life in 2015 because of my debts. I am still involved in mental health services i was diagnosed with Psychosis last year (2018) , i had a terrible time getting abuse 24 hours a day from voices in my head often keeping me awake for 4-5 days in a row. I am enjoying a January voice free, i don't take any medication anymore , it's taken a long time to sit here and have the confidence to post here. I received a letter today from a company called BW Legal which made me think it's about time i start working on a solution. I was hoping for some advice, help with anything you can while i have motivation to try and solve a very big problem i have and this is my debts. I have followed instructions from the site and i have obtained my credit report, to my suprise my debts are nearly £5000 less than i had anticipated bringing my total debt ( on my noddle report ) to £3745. I am currently receiving ESA ( Employment and Support Allowance ) so i do not have a big income to pay a lot of money a month. I did read about the statue barred sticky thread, i do believe some of my debts are older than 6 years old but i am unsure when the date starts from, also my memory is not very good about the past 6 years because i was drinking heavily. It is also the reason i am hesitant about contacting any of the companies for my account information. I do have letters somewhere dated in the past 3 months which i will try and upload. I have 2 CCJ's i believe one is from Capital 1 credit card for around £500 and a parking fine of around £200. Thanks in advance for any help i might get, i have been signposted for stepchange by my mental health worker , but i was worried i might mess up any chance of Statue barring any debts that might be eligible. I have downloaded a PDF from noddle with all my report on if anyone would like to see it. Lowell £ 499 Lantern £ 262 Active Securities LTD £ 442 Capquest Investments LTD £ 1,288 Lowell £ 780 Lowell £ 217 Barclays Bank Plc £ 62 Ee Limited £ 152 Thanks again
  13. HI All, I wondered if anyone can help me. I recently received a small claims court summons from BW Legal for a parking charge for £100 dated 07/12/2012. The sum they now claim has risen to £273. I did not know anything about this and have never received a parking ticket or any correspondence whatsoever. In the particulars of the claim, they refer to the PCN dated 07/12/2012 and the issue date of the claim form was 28/12/2018 I obviously thought this was a statute barred debt as 6 years have passed and filed a defence to that effect. I have now received a letter this morning stating that they are continuing with the claim? Please can someone let me know why a Legal firm would continue with a claim that is "Statute Barred" am I missing something or do they know something i dont? Why would they waste their time, my time and the courts time chasing something that they have no right or legal recourse to do so Any help or advice would be very welcome Cheers
  14. Evening, I recently obtained my credit file from noodle and found A CCJ from 2014 on my account (genuinely don't recall this). Did some digging and it was for a capital one credit card back in 2012. I sent a CCA request to BWLegal who provided me with a copy of the agreement and a statement. Here is the details below; Account Opened - September 2011 Last Payment Made By Me - April 2012 CCJ Registered - August 2014 I have had nothing to do with this Credit Card since my last payment to it in 2012. The balance is relatively small. What are my options. Would this not be class as statue barred or does the CCJ cancel that out? Thanks in advance
  15. 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:
  16. 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.
  17. • Name of the Claimant: Premier Parking Solutions Limited • Claimants Solicitors: BW Legal • Date of issue: 14/9/18 • Date to submit defence - 16/10/18 • What is the claim for – : 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 Parking Charge Notice (PCN) issued on 22/09/2015 (Issue Date) at 09:04:07 at Mount Dinham Exeter 2.The PCN relates to [MY CAR]. 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. 3.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 22/09/2015 to 13/09/2018 being an amount of £21.76. 4.The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.” • What is the value of the claim: Amount claimed: 181.76 Court fee: 25.00 Legal representative’s costs: 50.00 Total amount: 256.76 • 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: The Private Parking Company • Were you aware the account had been assigned – did you receive a Notice of Assignment: N/A as far as I’m aware • Have you sent BW a cpr3114 yet: I haven’t seen anything with this reference. I didn’t know that I needed to send BW anything. Via moneyclaim.gov.uk I’ve submitted the required acknowledgment of service and declared my intention to dispute the whole claim which, from what I’ve seen, I can also do online. Do I also need to send BW anything – the court documents don’t indicate as such , unless I’m paying the claimant. The only communication I’ve had with BW is to let them know I had a permit to park at that location at that time – which as expected they considered irrelevant. I’m putting my defence together and would be grateful for any help you can offer. Along the road from my child’s school in Dinham Road, Exeter, is a small residential area, which starts with a church which has on road parking. This area has parking signage from PPS. The church has links with this CofE school but is a separate entity. With the agreement of the church, the school issues parents with a permit, allowing parking in this area for a short period at drop-off and pick-up times. The “infringement” occurred in September 2015 and the claimant alleges that my car was parked in this area while not displaying a permit. The photographs that their legal team have provided do not appear to show a pass on display. I do have a permit and the car was parked within the agreed times. Their legal team has been emailed a copy of the permit but unsurprisingly couldn’t care less – they want my money. Their response failed to directly address the permit I sent and have stated that my responsibility was to abide by the T&Cs and that “As the vehicle involved in the contravention was not displaying a valid Ticket or Permit these Terms and Conditions were broken.” A history of the correspondence I’ve had so far, some of which I’ve uploaded, is below. Hopefully I’ve appropriately redacted what’s necessary but please let me know if not. Thanks all for taking time to help. History so far: 1. 20150922 PPS PCN (uploaded) 2. 20151105 PPS letter (uploaded) 3. 20151208 PPS letter – as before but with £30 admin fees = £130 4. 20151224 PPS letter – as before = £130 5. 20160201 Now with Debt Recovery Plus (DRP). Extra £30 with no explanation = £160 (uploaded) 6. 20160216 DRP – as before = £160 7. 20160302 DRP – as before = £160 8. 20160324 DRP – reduced payment offer of = £160!!! 9. 20170411 DRP – letter before referral for legal action – as before = £160 10. 20180702 BW Legal – letter of claim – now £190 (uploaded) 11. 20180818 My email to BW Legal with permit (uploaded) 12. 20180821 Email from BW Legal requesting my name and address (which was provided in my original email) 13. 20180821 Email to BW Legal advising them that my name and address is in the original email 14. 20180823 Email from BW Legal advising of their right to claim and including pictures – (uploaded) 15. 20180914 County Court letter (uploaded) 16. 20180914 BW Legal letter advising of court claim (uploaded) • attachment.pdf
  18. I'm unsure where to post this, I added FLP to my home insurance I needed to call on this policy therefor, sought legal advice through my home insurance policy. The policy referred me to a company (outsourced but covered under the policy) Initial merit test concluded I had over 50% for a successful ET claim, a solicitor was appointed, whilst the solicitor was compiling an ET1claim form, I was advised to contact ACAS to obtain ET certificates, unfortunately, ACAS helpline failed to advise me correctly, this resulted in me completing an ET1 claim form in error. Realising my mistake, I rectified my error with ACAS &the ET service on the same day. Several days later, my appointed solicitor issued the ET1 claim they were in the process of compiling. 2 weeks after rectifying my error, I received a “withdrawn” certificate from the ET service claiming I had withdrawn my claim; I forwarded this onto my appointed solicitor for clarification. Turned out, the initial form I completed was an ET1 claim, I was unaware at the time, following me informing the ET service I made an error, the ET service read this that I’d withdrawn my claim. Under rule 51 & rule 52 ET, you cannot submit an ET1, withdraw, and then resubmit another ET1 The company my solicitor represents decided to cancel my FLP cover, citing I mislead them by not disclosing I made an ET1 claim, at the timeI filed the form out (ET1) I was under tremendous pressure, and under GP treatment due to the issues that instigated my ET claim. I explained numerous times to my legal appointees my error was based on the advice I followed from ACAS helpline, My legal appointees refused to budge, despite all the evidence (emails, telephone calls to ACAS / ET and my deteriorating health) my FLP was cancelled. I sought alternative legal advice, currently; I’m £7000 out of pocket. I went through my legal representatives complaints procedure, my formal complaint wasn’t upheld, again, citing I mislead them bynot disclosing the initial error I made, thus, chances of successful outcomehad dropped below 50%. Based on the actions of my legal representatives, I registered a complaint with the legal ombudsman (including official documentationof the appeal hearing) The legal ombudsman service does not uphold my complaint, agreeing with the legal company, i.e. I should’ve informed my legal representatives of my initial error, allowing them an opportunity to rectify it, in hindsight, I believed I’d rectified it. As my initial error was rectified the same day, I didn’tthink it was as important in comparison to all the other issues I was experiencing. As a footnote, I had to appeal against the decision made inrelation to the “withdrawal” certificate, that hearing went without issue, the respondents and the ET judge accepted, I made a genuine error, my appeal was upheld,allowing my ET claim to proceed. I genuinely made an error, accepted by the judicial system, albeit at appeal. Whilst I accept the decision of the legal ombudsman’s service, given my initial legal representatives were fully aware of my medical condition and anxious state at the time I made the error, I believe, morally, mycomplaint to the legal ombudsman should’ve been upheld. The question is, as the legal ombudsman has failed to uphold my complaint, is it worth me issuing a complaint to the insurance ombudsman?
  19. Hi, I have a BW Legal court case going on at the moment. Today I received another county court claim from BW Legal for a different company. This is fraud too. Name of the Claimant ? PRAC Financial Ltd Date of issue – 29/09/17 What is the claim for – 1.The Claimant's claim is for the sum of £300 being monies due from the Defendant to the Claimant, under a loan agreement regulated by the consumer credit Act 1974 between the Defendant and Instant Cash Loans Limited t/a Payday UK under account reference xxxxxxx and assigned to the Claimant on 09/12/2016 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 £0.06p from the date of assignment of the agreement to 28/09/17 being an amount of £18). What is the value of the claim? £360 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? loan 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 What was the date of your last payment? None Was there a dispute with the original creditor that remains unresolved? Yes, there will be now. I did not know anything about this loan. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management? No
  20. Care UK faces legal action unless it pays more than £3m in compensation READ MORE HERE: https://www.gov.uk/government/news/care-uk-faces-legal-action-unless-it-pays-more-than-3m-in-compensation
  21. Does anyone have experience of challenging the 20% discount repayment for Right to Buy terms with a local council in the final six months of the five year no move rule. There is a proviso written in the contract that says in exceptional circumstances they will waive this. Would anyone know what these exceptional circumstances might be, or if there has been a successful challenge. I have been told it would be too costly to ask and I would be unsuccessful if I engaged a solicitor to do this hence my post to clarify this would be the case. Thanks in advance.
  22. I purchased a washing machine from Appliancesdirect and it failed to work properly from day1. A few days later I read the Trouble Shooting guide in the handbook. It suggested the fault was a shortage of water getting to the machine. I reported this to AD and their advisors agreed it looked like a faulty installation problem and they would get their carrier to come and check it out. Their carrier, Arrow XL ,did the installation. After many phone calls @13p/minute, and emails, I was informed that Arrow would send someone out the next day to check the machine. This failed to happen and no phone call to advise job was cancelled. After complaining further to AD, and asking that they honour the Consumer Protection Act they still failed to respond. I formally rejected the machine and an advisor informed me they certainly would not uplift it. They now stonewall me. This firm are trading outside consumer laws of this country and there appears no fiscal organisation to tackle them. Trading Standards don't want to know. I seriously advise anyone looking to buy electronic gadgets or Air Con to thoroughly check out their intended supplier first.
  23. Hi there, I'm currently struggling to pay off $AU 7k debt that is owed to an Australian bank, which has now been sold to a Debt Collection Agency in Oz. T hey tried to find out where I was living by contacting my ex partner and have tracked me down in the UK. They said they will forward this to their overseas affiliates Stevensdrake. I received a couple of letters from SD, the last one stating 'in the absence of any response we are instructed to commence legal proceedings against you. Court costs and interest will become payable (where applicable) in addition to the basic debt if those proceedings are successful.' Having studied most of the threads most people would recommend ignoring them. I have made no contact with them at all and this debt is pretty recent, only about 1 year. So I have about 5 years before going down the SB route. It looks like SD do bring people to court in relation to this...which is my fear. Unfortunately I have zero money or assets here. Just UK debts which I'm trying to pay off every month, I'm on min wage salary and I actually can only just about pay my bills, rent and food every month. My Mum isn't well so I had to move back within a year of being there. When I moved back to the UK from OZ I was unemployed for 6 months because I couldn't find work. I'm just not sure what the best way forward is as most people say to ignore them but I've seen some people recommending to make contact as to not let them think they will get an automatic judgement against me if they did bring proceedings forward. Any advice would be so appreciated.
  24. Hi guys Any advice on how I can get rid of a CCJ issued by PRAC Financial? My credit report states that the default on my loan with Payday UK (whose debt Prac has acquired) is Satisfied as of Jan 2017. Another credit report says its closed. Unfortunately these clowns still want their pound of flesh. Ive received two letters. One from Northampton County Court about the CCJ and one from BW Legal saying I pay the amount of £1,029. I dont want to pay another £255 to set aside. I dont want to pay anything to remedy? What should I do? Maybe write to the court?
  25. I got letter from solicitors, on behalf of Robinsons Way acting as agents for HPH (ex Barclaycard) on a debt they say originates from a legal agreement from 2004. This I believe relates to an old Egg debt, but BCard bought my Egg debt in 2011/12. I was paying Egg card small amount monthly, Egg stopped taking payments (not me defaulting) when BCard bought debt. Bcard wrote to me said I needed to change SO to their details and quote my Bcard as a reference!!! I didnt have BCard, it was an Egg card. I wrote and told them, they didnt reply, I didnt resume payments (Never made any payments to Bcard). That was in 2011/2012 not too sure of last payment date - have to scroll thru old bank statements, but never made any payments to BCard. Had various letters from Bcard, Robinson Way and other companies over the ensuing years, debt been passed off from one co to another. Now just received a Letter of Claim from solicitors saying they have legal agreement between me and original creditor (who they seem to be implying was BCard as no mention of Egg), and the date of that agreement. Said their "client" (think they mean BCard) purchased the account and it was legally assigned in July 17, Notice of Assignment sent to me - I not received! I have drafted a letter asking for a copy of the CCA, a full breakdown of the costs involved in the debt, and a copy of the Notice of Assignment. Will send recorded delivery tomorrow. I know they have 14 days to supply a legible true copy of the CCA -. My main thought is why has it taken them so long to initiate legal action if they have a good case? Any thoughts or advice please on what else I can do, Sorry for War and Peace!!
  • Create New...