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Found 36 results

  1. Hello, Mods please move or delete this thread if in the wrong section? I took a company to court over 8 years ago, I won, but the company went into liquidation before paying. I understand that the fscs offer some for of help in these situations? But they do require a lot of paperwork , which I no longer have. Is there anyway I can request copies of paperwork from the court hearing? Does anyone know how I would go about it. Thanks
  2. Hi I have received the court paperwork for an old Capital One debt (claimant is Cabot) The document says it was taken out on or around the 29/7/2014 and I've never had any documentation from Cabot to say they own the debt. In the past I have been given the wrong advice and have sent off a cpr18 letter and cca request. Can somebody please advise me of the correct way to deal with this. I have acknowledged service that I intend to defend all the claim, total amount with fees is £401.82 Thank you in advance for any advice given Macker16
  3. Attempting to put order into chaos, one such chaos is the forest of old paperwork I have on long since gone debts. I'm not talking about anything current (as in live accounts) but more on old credit card alleged debts from the last decade, they are all either settled/done with/stayed or stat barred.... Is there a need to keep all the paperwork to the now stat barred debts? Settled Debts/ done with (old accounts that i've simply closed down) Some of them are stat barred by 6+ years, others 4 years stat barred. I'm keeping the paperwork on all live accounts/stayed accounts as these may be needed at some point, but the rest I'm thinking they should be shredded/burned?
  4. My husband [62] worked for a local family firm of printers [20 people] for the past 10 years. Ten years of night shifts [which he loved], late salaries, salary cuts, unhealthy/dangerous workplace [rain falling on his working machinery], he would get left out of company communications [policy changes] and the list goes on their penchant for cutting corners and demeaning temporary staff, but whenever there was a rush job behind schedule my husband would be called out. And would resolve. Thanks to forty years of printing experience. One habit that drove me completely nuts: no salary slip ... at time of pay. Always weeks later or not at all, unless he tracked it down with management. Husband ran his own system at home to calculate any overtime expected in pay period etc. Then if a discrepancy existed, it would be weeks before it got sorted or, instead of sleeping, he'd go back to work during the day to talk face-to-face. In early Summer letters were sent out about redundancy and the firm struggling. They made his role redundant in August with c£5K and his last day was 25 September 2017. [As devastating as this was, we were relieved: he was not in the position of two of his colleagues who were told the company would never make them redundant as it could not afford their payout after 25yrs!] Final salary was late and caused the usual mayhem - mortgage failed. Days went by and his payout did not turn up until a call to the 'lady who does salaries'. To this day, his final salary slip and P45 have not arrived. An email from me two days ago remains unanswered. It made me sit and catalogue all he has put up with in order to meet his part of our financial responsibilities [while I run a micro-business to assist us and our teenage son]. Made me so . [being older he has struggled to find replacement posts online or locally and I can see a very black hole opening up before us. We have finally got him to apply for JA but unsure what assistance, if any, is available. Worried but resilient.] Can anyone in the community advise me on how to tackle his employers, please? Actually we could do with all sorts of directional arrows but one thing at a time. Sincere thanks in advance to those who care.
  5. Hello all at CAG, I've received a second claim from Hoist/ cohens for a credit card. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 03 Feb 2017 Date to submit defence = - by 4pm Friday 03/03/2017 ? What is the claim for – Particulars of claim: (As Written) The claim is for the sum of £11079.33 in respect of monies owing under an agreement with the account no. xxxxxxxxxxxxxxxx pursuant to the The Consumer Credit Act 1974 (CCA) The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. The Claimant Claims: 1. The sum of £11079.33 2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 27/09/11 to the date hereof 1947 days is the sum of £4727.90 3. Future interest accruing at the daily rate of £2.43 4. Costs What is the value of the claim? £15807.23 (plus court fee £711.33 & Legal Reps Costs £100) Total £16618.56 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? Approx 2000/ 2001 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 (hoist) 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? Can't be sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Business ceased trading and couldn't afford rent let alone DMP payments What was the date of your last payment? January 20th 2011 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 managementicon plan? Yes, Payplan DMP set up in Feb 2010 I wondered if I could use the statute barred defence or should I use the no paperwork? I have done the AOS on MCOL, should I send the CPR and CCA requests regardless of defence? Your help is much appreciated.
  6. Hello Everyone I hope that someone could help with the following legal situation: Someone took me to the County Court to have enforcement of an Employment Tribunal granted as the original ET decision was 11 years old. YES 11 Years Old! At the first hearing the DJ struck out the judgment and listed a date for the matter to be heard again (the claimant did not attend). At the second hearing, I was stuck in traffic and did not get to the court in time and judgment was awarded to the claimant in default. At the third hearing where we both attended, the DJ heard submissions from both parties and struck out the claimant's request to enforce the judgement as it was substantially out of time. The claimant has appealed that decision, again not within 21 days, but 55 days, and was refused on paper as being "totally without merit" and with no excuse for being ouside the 21 day time limit. The claimant is entitled to have that decision reviewed at a hearing, I am just wondering the following: a) Do I even need to attend? b) What will be the courts view on his constant flouting of the time limits? c) Is 55 days anyway acceptable if he has no reason? d) Do I need to present counter arguments to his alleged evidence? even if they do not touch on his delay outside the time limits. e) Do I need to make a skeleton argument? f) At the last hearing, I was asked by the DJ if I wanted to make an application for costs, I said that as long as the matter was at an end, then no. My question is what costs can I apply for, can I apply for the previous hearing if I declined to seek costs then? Thanks everyone for any advice
  7. Hi There, Just wondering where I should post a new question relating to where I could find information on who I had a HP credit agreement with a few years back when purchasing a car? Or who I should write to to ask? Any pointers gratefully received. Many thanks :0)
  8. I am awaiting the outcome of a ppi refund from welcome but stupidly I went back for more. I have had a couple of loan increases and/or rewrites and now find myself with an outstanding balance of around 30k.i I am currently paying £375 pcm which quite frankly I cannot afford. I have just missed a payment due on 31/12/09 and I just know that the phone calls from the branch manager are going to start tomorrow threatening home visits etc. I do not have anything to pay them with this month. How do I , step-by-step sort this company out? short term and long term. I have already sent letters to the branch saying that I will only deal in writing but as soon as I miss any payment that seems to negate that agreement. I used to pay by debit card on the last day of the month but come the 6th or 7th they would phone me 4 or 5 times to find out when to take the next payment. I have now managed eventually to get their bank details and pay by internet banking. The branch manager told at one point that I had not been given these details by head office(basically calling me a liar) HELP!!!
  9. Hi It seems that Cabot Finnace has brought both mine and my wifes credit card debts from Lloyds, they have not provided a CCA in the 12 +2 days. What do I do next?
  10. I was, until the Tax year ending March 2015, part time self employed. I sent my paperwork to DS£ Accounting Ltd (DS£ Acc) every year so they could compile my Tax Return for me. They did this very well and I was always able to claim a Tax Rebate from HMRC. Every year, many of their customers sent their paperwork in December or January. This made it difficult for DS£ Acc to process these accounts in time for the HMRC deadline of 31st Jan. Therefore, DS£ Acc introduced a surcharge of £50 if the paperwork was not received by them before 31st Oct. This encouraged their customers to submit their paperwork early to avoid the last minute rush. I was charged £50 in Jan 2014 for submitting my paperwork late. I have cleared the fees for their service except for the £50. Now they have asked for the surcharge of £50. I have refused to pay it. Now they have passed the case to P & J Debt Collection Services who have contacted me asking for the money. Can I use the same legal argument that many of us used to reclaim Bank charges? I feel that the sum of £50 is excessive as it would not cost DS£ ACC this amount to process my paperwork late. Any advice including links to the relevant legal clauses which I should use to defend myself should this case go to court as P & J DCS have threatened. As you can see from my footnote I have successfully reclaimed a large amount from Barclays which was settled out of court. I hope that I have used the correct Section for this query if not please advise which Section I should have posted in.
  11. Hi, Last month I opened a Clear Score account to check up on my credit score and see how I was doing. Today was my update day, I logged in to find that I have a CCJ against me which was issued on the 16th of March 16. The web site doesn't give much information, case reference, address, amount and which court issued it: County Court Business Centre The problem is that the address they have used is over a year out of date so I have received no paperwork. I moved out of that address in February 15 and into my fathers address to help him look after my step mother who is seriously ill with MS and bed bound. Just last week I moved out of that address into my girlfriends, who is heavily pregnant and due any day. I am really worried that the bailiffs may turn up and I am not certain what debt it relates to or how to deal with it. I have dug through all my old paperwork I have two debts which are not being paid as I believe them to be statute barred. One is with Barclaycard and the other is with MBNA. The MBNA one is the closest matching, it is roughly £200 difference from the balance that I owe them. The Barclaycard is over £1000 difference. If it is MBNA, the earliest letter I still have from them is dated July 2011, stating that "Following previous correspondence, which confirmed the termination of your MBNA credit agreement".... we will be sending it to a DCA. I have various letters from DCA and then a notice of assignment to Arrow Global Guernsey Limited. I don't have the statements or the letter for when I defaulted but I am sure that it was in early 2010 as that is when I got divorced and had serious financial issues. 1) Is it worth me signing up for Credit Expert to see if the MBNA account appears on file (there is no record of it in Clear Score). And or to obtain more information about the CCJ? 2) Is there any other way to obtain information about the CCJ, the only place I have found is Trust Online and it's behind a pay wall so I'm not sure if it will tell me who submitted the claim. 3) Any suggestions on what I should do next? Many thanks for any advice.
  12. Hi, I'm hoping someone can help. I'm currently applying to rent a house and a credit check has brought up two CCJ's one I knew about that was paid off via an attachment of earnings 2 years ago and another I have no knowledge (it doesn't even show up on my Experian or a CCJ check I paid for). from talking to the court and doing some digging I can see its to a company that are now defunct (dissolved as of September 2015 according to Companies House). The letting agent are refusing to proceed until it's cleared (if it isn't already) and I produce a satisfied statement. I'm just not sure how I do this if the company no longer exist, any advice? Thanks.
  13. Yesterday I received a claim form from Cabot regarding a disputed account I had with British Credit Trust. It was regarding an alleged outstanding amount of just over £1300 which I believe is made up of mostly late payment fees and charges. I have previously asked BCT of a complete breakdown of charges added, what they were for and dates when they were charged but had no response. I don’t recall receiving a letter of assignment or anything at all from Cabot regarding this account, until I received the claim form yesterday. I do intend to defend. Details on the form are as follows: Claimant: Cabot Financial UK Date Of Issue: 18 Sept 2014 POC: By an agreement between British Credit Trust ("BCT") & the defendant on or around 01/08/2007 ("the agreement") BCT agreed to loan the defendant monies under the terms and conditions set out therein. In breach of the Agreement the defendant did not pay the instalments as they fell due and the Agreement was terminated. The Agreement was assigned to the Claimant on 26/09/2013. THE CLAIMANT THEREFORE CLAIMS £1338.72 Value of claim : Amount claimed - £1338.72 Court Fee - £70 Solicitors costs £80 Total Amount £1488.72 The account was for a car loan on HP with British Credit Trust Original agreement was dated 06/08/2007 Debt purchaser (presumably) has issued the claim - I was not aware the account has been assigned I am not sure whether I received a default notice from BCT - I cannot remember receiving one and if I did I certainly don't have it anymore. I have not received any Notice of Default Sums from anyone. When I lost my job in April 2011 I started to miss payments. I contacted BCT at that time but they would not take lesser payments and I could not afford to keep up full repayments. I paid what I could when I could, eventually telling them I could no longer afford the car and as I had paid over 3/4 of the loan I was within my rights to return the car so I told them to collect the car At this time I also asked for a breakdown of charges added to the account. I remember receiving a list of amounts at that time but not dates, amount charged and what it was for. This was and still is in dispute. I heard nothing from BCT after this (around Oct 2011) Who do I contact for CCA request - Cabot or BCT? I will send a CPR31.14 request to Cabot. In the meantime what should I do about the claim regarding acknowledgement. As I believe a substantial part of what Cabot is claiming is made up of charges and fees can anyone offer advice on a defence? Thanks in advance.
  14. hello I have just found(searched the house) the actual agreement of Halifax personal loan wondering if someone could help me work out how much I can reclaim ? Taken May 2005 Credit: £6500 Arrangement fee:£65 total charge for credit 1799.68 48 monthly repayment of 172.91 APR 12.1% monthly Interest rate 0.928% Insurance premium Tax included, insurance premium at 5% with this information can I send letter requesting refund, I need a spreadsheet but can't open any of the spreadsheet links on here, can open spread sheet relating to bankcharges from 2007, is the spread sheet the same
  15. Hi, i wonder if anybody can give me some advice.. I have just gone through a credit reference check to rent a house, i have done this before without any issue and even had a mortgage approved so my finances are good (988 score on experian!) . I work full time and have always paid my bills, i have no overdraft or credit cards. The letting agent flagged up a CCJ on my account from 07/06/2013 which was filed by Npower for £2,185. I moved out of this property on 01/03/2012 after only living there for 12 months. I worked 12 hours a day, 6 days a week and for the last 3 months i barely spent anytime there as i met my current partner. During the first 6 months i was sent a bill for almost a £1000 from Npower for my electricity. I immediately rang Npower as this 1 bedroom under dwelling which i was barely in could not realistically cost that much for electricity. My mum paid less for a 4 bedroom house over a year. They agreed this seemed high and agreed to send out an engineer to look at the meter. It was agreed that the meter did have a problem and the engineer agreed also that the house could never use that much electricity with the amount of electrical items i had and that i was one person there with a very busy job. The outcome was that they were going to remove the meter and put in a pre-paid meter. a few days later they changed the meter, i recieved a pre-pay card. I rang Npower and as far as they were concerned the problem had been sorted i paid a more realistic bill of a couple of hundred pounds and I continued using the pre-paid meter which cost me £10-15 per week for the amount i was there and i continued with this for the remaining 9 months without any correspondence from npower. In 2012 i moved in with my partner and have done since. Now I have found out that Npower actually filed a CCJ for the amount of £2,185 for this address. I have no paperwork as i cleared out old paperwork after relocating to the south. I have never recieved a letter about a CCJ or any arrears. Can anyone give me advice? I am not prepared to pay this extortionate amount. Thanks
  16. Hello If anyone could point me in a direction on the below I would be really grateful I had a debt with a Scottish bank (Clydesdale) when I lived in Scotland for 18 Years . It now appears there was 2 joint accounts that was defaulted on after I separated from my wife and moved away to England. The defaults according to Experian was late 2009 and early 2010. There was a CCJ applied for (£2,511. )and on my credit file, for one of the debts in 2010 but was at an address I no longer lived at in England. (I left 2 years earlier) I have now received a Northampton ccj for the first debt (1563.00 )that defaulted in late 09. (the debt with interest is now £2,512) A couple of questions if anyone might be able to help out After a google it seems that debts in Scotland are statute barred after 5 years ? is this still the case if I have moved to England. Is there a defence that the debt accrued after I had left the address or is the fact that I was a joint account holder make me responsible for the debt.? I will be filing the acknowledgment of service tomorrow to extend for the 28 days , I am going to tick the box that I intend to defend the debt. Many thanks for taking the time to read.
  17. Having read a lot of posts here and on several other Forums it concerns me at the lack of detail on paperwork issued by the Enforcement Co's. I accept they are only doing what they have been told to do so more needs to come from the "top" on what should be included. Whilst there are different debt streams all seem to lack for basic knowledge - possibly Council Tax is nearly there but should to my mind always list the amount "charged" by the Liability Order. Magistrates Court Fines should list the Court where the fine was awarded, the amount of the fine, the offence, when or if a Final Steps Notice was sent. PCN's should list dates & amounts of when different letters were sent & to what address. At present it is made so difficult for debtors to find out what the letter or visit from the Bailiff is for & where to find further info seeing as laot of time the Bailiff or Co is uncooperative. As I say just a suggestion.
  18. How do I identify what I think is fake county court paperwork? Is it usually blue with the courts address on it? Thanks [ATTACH]55135[/ATTACH]
  19. Had letters from capquest offering discount for a shop direct account Have now received court paperwork from hl legal and collections Particulars of claim Part only of money's due under regulated credit agreement number ...... Between Shop direct financial services ltd And the defendant the benefit of wich was assigned to the claimant on 29 may 13 The agreement terminated upon the defendants failure to comply with the terms of agreement This is dated 19 may There is lots of late payment fees What is the best way forwards SAR CCA ? Is there and defence to this claim or have I left it too late? Thanks
  20. Supermarket's banking arm accidentally breached Consumer Credit Act Thousands didn't receive loan statements while accruing owed interest The average customer is set to receive a £228 cheque in the post Tesco Bank is set to pay out £43million in compensation after a loan statement blunder left 175,000 customers out of pocket. The supermarket giant's banking arm has offered an apology to customers after a 'technical breach' meant they failed to send out personal loan and credit card statements. Read more: http://www.dailymail.co.uk/news/article-2817564/Tesco-bank-pay-43million-statement-blunder-hit-175-000-customers.html#ixzz3JcqgshmE
  21. I've posted several times on the forum regarding different issues, but this is something I strongly suspect is false paperwork. Had to order the Judgement Debtor to attend for questioning for the fact we have a CCJ and they're not paying. So, she brings all the evidence (and I was there to witness all this, and have their partner stare me out silently) and I receive a copy in the post. Now I'm not sure this is where I have any case whatsoever. They submit their partner's wageslip as "any other income to the household" and the wageslip stinks. Tax code is a very old one (it's 10000 now, this is less than half that), a date showing next year's date, a tax office reference that the HM Customs & Revenue website doesn't recognise, the amount earned to date divided by the date (back to 4th April) shows they earn more than stated on this wageslip and finally, no one seems to have heard of the job title shown on the wageslip. All adds up to something fishy methinks. But can I go back to the Court to point these irregularities out? If I can get evidence of false paperwork (ie non existent tax office) would this be classed as contempt of court for submitting falsified paperwork?
  22. I'll state at the outset that I've been in dispute with the council over council tax on a semi derelict house, I've lost the argument of course. I naively thought the new regs would have brought in a new era of honesty and transparency in bailiff enforcement. I find that Bristow and Sutor notices still only show the total debt they think you owe, a single figure. I've no idea what years they're enforcing for, how much or what their fees are. It's obviously a cunning ruse to "encourage" you to take part in their [problem]. In no other financial area can businesses demand payment without showing what they are charging for. I'd be interested to know who thought the new fees were reasonable!
  23. Ello, What's the penalty issued to a business using the full electoral register (i.e. non commercial) one for gaining personal details for fishing expeditions? they deny ever fishing, but I've got their first ever letter to my address, which read something to the order of : Thats not the exact wording as I don't have it at hand, but it's just to give you an idea of what the fishing letter looked like. When I get a chance tomorrow, I'll get a scanned copy of it and transcribe it. But the example I gave above is pretty much the same as whats on the letter, just worded differently. 1) Can they use the full register? As it's rather clear on my local councils website that it's only used for Voting, Crime Prevention and checking applications for credit. 2) Can they go on fishing expeditions like that blurting my FULL name, account details etc... out to any old address like that? I would have thought that it should have been an anonymous 'please call us' letter as opposed to listing everything 3) Dependent on 1 and 2 above, what action can I take against these guys? If any? Cheers A
  24. I am an executor of a late friend's estate, after her death, I found a written note stating that she owed Cash Choice £450. I now regret it but I went on line, found a number for Cash Choice acting as UK Lenders Advice, and told them that she had died and sent a copy of her death certificate. That was over a year ago and I have not heard from them. Should I contact them if they have not contacted me? Does the fact that they are now called UK Lenders Advice mean that debts owed to Cash Choice UK are no longer outstanding ( the web page doesn't work)?. They have exorbitant interest rate charges fees I am worried that if I contact them to pay off the borrowed amount that they will chase me for the interest. If I don't contact them, I fear that as they have my details that they will chase me one day. I don't what she agreed to when she borrowed the money; I assume that it was all done over the phone or via the internet. Does anyone have any experience of similar circumstances?
  25. Hi all! This is my first post as I'm new to the site so bear with me I'm trying to get a default removed (Santander) The default was almost 4 years ago. I sent them off a letter asking for my credit agreement, which they provided and also requested my default paperwork. I got a rather blunt letter back saying they had sent me a copy of my credit agreement as a goodwill gesture (very kind of them) They advised they are not obliged to keep the default letters issued as the account is settled and closed. As such they say they no longer hold the letters but they gave me the months they were sent. Apparently this is all the information they are required to hold. This doesn't sound right? Can any kind soul out there give me a bit of advice?
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