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Found 17 results

  1. Hi My wife has received a Pre-Action Protocol for Debt Claims from Drydensfairfax, for an old debt from 1998 at an old address. Arrow recently started sending letters to our new address and continued despite being returned as not known at address. They now appear to be instigating court proceedings. Unfortunately I expect this is not outside the statute of limitations as I have been paying £1 per month by standing order since she defaulted in around 2000/2001 (from my account not hers). Whilst she is working, she is not in a position to pay it off as she is currently just mana
  2. Hi there, firstly apologies if this is in the wrong section. Also I thought I'd keep things quite general so that this might help more people. 1) If I have a contract dispute (money claim) with a supplier and have given them a letter before action (LBA) which they have replied to (I am not satisfied with their answer). Do I still have to waste time going backwards and forwards with them until they stop replying or can I just start the proceedings and issue an N1? 2) In their response to my LBA they had provided some evidence (SMS) which I wish to respond to by providing the whole SM
  3. 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
  4. If I send a letter before action, can the person I am claiming against then submit their own claim to court against me??
  5. Hello. I am new to the forum and need some advice/help. Received a letter from restons Re an old credit card debt seeking payment and issuing a county court claim against me. It should have been statue barred Dec 2017 but apparently I have made payments. It is possible as this card relates back to when I got divorced. I was advised to send a practice direction letter which I did and received a response from them. Can someone please advise what this means and is it worth defending in court. My friend has offered to pay it off for me as it is making me stressed.
  6. I am wondering if anyone knows what happens if your Creditor just totally ignores the Debt PAP. No trying to evade the debt or ignore it. All I had was Final Reminder on 9 February giving until 12 February to pay and this morning a claim form arrives in the post. No LBA or Letter of Claim.
  7. I received a letter from PRA Group recently which states:- Dear Mr XXXXXXXXXX PRA Group (UK) Limited ("PRA GROUP") Account Reference Number: XXXXXXXXXX We write further to the above and to inform you that your account has now been transferred to the Investigations and Litigation Department. This is a letter before claim as required by the Practice Direction on Pre-Action Protocols, to give you notice of PRA Group's intention to issue court proceedings against you. You should consider the contents of this letter carefully and seek legal advice or alternatively contact
  8. Hi All I need help re clarification of the above I have started a civil court action against my housing association landlord I did send a LBA They did not response They have now responded that I breached the Pre Protocol procedure re disrepair Does anyone know what this means I have already sent my N1 form plus documentations to the court thanks
  9. Hey all, this just resurfaced after over 3 years-how do i respond to this? Letter of claim We act for HOIST PORTFOLIO HOLDING 2 LIMITED and write to inform you of its intention to issue proceedings in the county court fot the above outstanding amount (£2609)that you have failed to repay. Details of debt: This debt originates from a written agreement betwen the original creditor (lloyds credit card) and you. The agreement was subsequently terminated when its terms were not complied with. Our client later purchase this account and it was legally assigned on 08/09/
  10. Been In consultation, a protocol due soon. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/472908/pap-for-debt-claims-consultation-november-2015.pdf
  11. Hi, I am currently representing my daughter on the McKenzie friend basis in her claim for unfair dismissal on the grounds of discrimination ( pregancy ) We have followed all the procedures through ACAS and we are currently taking her employer through the Employment Tribunal, which has taking about seven months to get to a Trial which has been listed for next week 4/5th February 2016, this was after a previous hearing. Today i receive a letter from the Tribunal stating that the trial might be postponed on the grounds that despite knowing for a number of months that in any event, the
  12. I received a letter from PRA Group recently. It states: ================================= We write further to the above and to inform you that your account has now been transferred to the investigations and litigation department. This is a letter before claim as required by the Practice direction on Pre-Action protocols, to give you notice of PRA Group's intention to issue court proceedings against you. You should consider the contents of this letter carefully and seek legal advice or alternatively contact one of the free agencies detailed on the enclosed docume
  13. Hi, I read here that on can use an online 'Moneyclaim' service with the Courts. What I am not clear on is if one proposes to take such a course, should a Letter Before Action be issued first, as one would with a 'paper' claim? Thanks in advance for assistance
  14. My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court
  15. TT made a post here http://www.consumeractiongroup.co.uk/forum/showthread.php?407528-HMCS-Forced-Entry-Protocol-for-use-by-bailiffs-enforcing-Magistrates-Court-FINES(1-Viewing)-nbsp With the new regs now in force has this now been updated if so I think a repost would be a good idea? this would purely be for clarification purposes only. MM
  16. for info, the BIS DMP protocol; http://www.insolvencydirect.bis.gov.uk/insolvencyprofessionandlegislation/policychange/Debt%20Management%20Plan%20Protocol%20Final%20Version.doc 'This Protocol aims to protect and promote the needs and best interests of consumers who take out debt management plans (DMPs). In particular, it aims to ensure that consumers who choose a DMP subject to this Protocol are assured of a high standard of service that is demonstrably in their best interest and is fully compliant with statutory requirements and best practice All providers who offer protocol
  17. The absence of the free sector in the debt management plan (DMP) protocol has been called “disappointing” by panellists at the Credit Summit 2013. Melanie Taylor, director of external relations at the Debt Managers Standards Association (DEMSA), said it was disappointing that it had become a protocol for those that charge for a DMP but argued that it will put consumers “in a better place”. She was joined by Sam Roberts, assistant director in the policy unit at the Insolvency Service, and Mark Hallewell, risk and governance manager at HSBC on the panel in the credit and collections stream at th
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