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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 managing to maintain her current credit. Naturally we do not want a CCJ, ideally she is hoping to consolidate her current debt soon to help manage and prevent her credit status worsening. I would really appreciate any advise you could offer, in particular could I ask: - should I send the suggested CPR 31.14 request (as this seems to mention a specific court that has not yet been advised)? - should I send the CCA request to Dydyenfairfax or Arrow? - I have seen a Debt Prove it letter, would this be appropriate? Also, I have listed below the details as suggested: Name of the Claimant ? Drydensfairfax Solicitors/Arrow Global Guernsey Ltd Date of issue – 04/02/2019 Date to acknowledge) - 09/03/2019 - We are instructed by our client, Arrow Global Guernsey Limited, in relation to the above debt. If you do not provide proposals to repay this debt, or respond as otherwise detailed in this letter and it's attachments, legal proceedings may be issued against you in the county court. If such proceedings do become necessary, further costs will be incurred for which you may be liable. The proceedings may then result in a county court judgement being entered against you which will be registered a the credit reference agencies and is therefore likely to affect your ability to obtain credit in the future. Full details of the debt are set out below: The amount owed is £702 and no charges/interest are being added at this stage A statement of account is attached ---(an account summary showing only start balance (£823), total debits (£17), total credits (£138) current balance (£702)--- The agreement this debt relates to was entered into between you and Shop Direct (Carval) on xx/xx/1998 and assigned to Arrow Global Guernsey Limited on xx/xx/2011. A copy of the agreement can be requested using the reply form. ---(should I do this also?---- Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Don't know Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No What is the total value of the claim? 702 Is the claim for - catalogue When did you enter into the original agreement before or after April 2007 ? before, it was 1998. Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not on my copy, I don't know if deeper searches with linked addresses are any different, credit score is low but I thought this was due to current level of debts 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, Arrow Were you aware the account had been assigned – did you receive a Notice of Assignment? probably but to a previous debt purchaser, it was back in 2011 when Arrow took over but we moved house in 2008 Did you receive a Default Notice from the original creditor? Yes, around 2000/2001 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know, possibly, but moved house in 2008 and only recently started receiving letters to new address Why did you cease payments? Husband has maintained £1 per month standing order throughout, still paying unless their bank payment details have changed What was the date of your last payment? Feb 2019 unless their bank payment details have changed Was there a dispute with the original creditor that remains unresolved? No, due to credit difficulties Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and Yes Many thanks again in anticipation of any advice you can offer.
  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 SMS thread (I didn't think it was necessary at the time of issuing the LBA). Do I have to provide all evidence in which I intend to rely on before sending N1 or can I send it along with the N1? It's been a while since I did a money claim and even though I have been successful doing LBA then N! with full docs (regardless of their negative response) I read conflicting things on the internet that would suggest things have changed a bit.
  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 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
  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. I have a mortgaged house and a car which I have been told they will put a charge on. Is it worth paying this off or defending and if I did what are the potential court costs, would it add a lot to the debt. Any advice would be appreciated. have until 5th Feb to respond. docs1.pdf
  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 one of the free agencies detailed on the enclosed document. We specifically refer to paragraph 4 of the Practice Direction and set out in that paragraph are the courts powers to impose sanctions for failure to comply with the Practice Direction. You will recall that you entered a written agreement numbered XXXXXXXXXX on or around xx/xx/1998 with MBNA Europe Bank ("the Creditor"). The agreement was regulated by the Consumer Credit Act 1974. The agreement obliged you to make payments, however, in breach of the agreement you failed to make those payments and are now in breach of the agreement. By a notice of default the Creditor required you to remedy the breach within the prescribed period and gave notice that, in default of so doing, you would be liable to pay the monies due and owing. However, you did not remedy the specified breach within the prescribed period and you then became liable to pay the Creditor the sum of £xxxx By an assignment in writing dated xx/xx/2014, the Creditor assigned the debt to PRA Group. Then by notice in writing the Creditor and PRA Group wrote to you to notify you of the assignment. PRA Group has made further written and oral requests for payment of the sums but you have not paid the sum due and owing. If after considering this letter you take the view that you do not owe £xxxx then we look forward to receiving your reasons why you take that view plus supporting documentation. We do not presently envisage that expert evidence will be needed in this claim. This letter should be treated as an invitation to refer this dispute to medeation or some other form of alternative dispute resolution (ADR). In addition this letter triggers certain time limits that effect you:- 1. You are expected to acknowledge and answer this latter before claim by xx/12/2016. 2. You are expected to respond to the invitation to refer this matter to ADR by xx/12/2016. We look forward to receiving your letter in reply, responding to the claims made against you and / or setting out your proposals for settlement / payment. We are prepared to discuss repayment options if this assists you. If we do not hear from you within the above time limits then court proceedings will be issued against you which may increase your liability for interest and costs. If you have any difficulty in complying with the above limits please explain the problem to us as soon as possible and we will consider a reasonable request for extension. Yours sincerely Litigation manager PRA Group (UK) Limited Tonight I have done a CCA request to them which will be sent tomorrow. Is there anything else I need to do or just wait for there reply? Thanks in advance
  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 08/09/2015. The notice of assignment has previously been provided to you. (never got it). There have been no interest or administartive fees/charges applied to your account since we aquired it. You should note this letter is being sent in accordance with the pre-action protocol for debt claims of the civil procedure rules. The court rules comfirm the actions either party must take before a matter goes to court. We should point out that paragraph 7 sets out its expectations for you and our client in how to comply with the protocol. Despite our clients of it's agents Robinson way limited attempts to engage with you to agree a suitablle payment plan, the above amount remains unpaid. It then goes on to tell me i need to complete the enclosed information sheet, reply form and income and expenditure form, and tells me i am required to make payment within 30 days and if i don't respond, a claim will be issued in the county court without further notice. What do i do here? I have no information on this, do i have to complete their form? is that admitting liability for the debt? can I send a CCA? Please help
  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 trial would be considered by a panel rather than a single judge because it is a discrimination case, to use this as a reason, and so late in the day does not add up, they would have known months in advance that a panel would need to be assigned, so in using this has delayed even further. The Tribunal are also aware that the Respondents are in abuse of process as they have failed to abide the previous order for them to provide a trial bundle, witness statements and further and better particulars in readiness for the trial next week? Because of this we made an application for the Tribunal to make an unless order for this evidence to be giving as all of it is central to the claim and it had been previously ordered. We have also written to the other side and in anticipating the Tribunal not making the unless order, which seems very reasonable, by stating that we would provide our own trial bundle and giving them seven days to object. Since all of this has happened in the last couple of days, the Tribunal as it would appear are bending over backwards in allowing the previous orders be breached and ignored and they have also giving the Respondents more time to defend a claim that evidently cannot be defended because of the circumstances which led to my daughter being dismissed. Whilst i am not legally qualified as to adjudge it would a appear that (a) she has been denied the right to a fair hearing because her opponents have abused orders which if followed would have allowed the trial to proceed and ( b) the Tribunal could have not only made the request for that evidence to be disclosed, in postponing the trial next week, giving those facts and the excuse of needing a panel, which would have been knowledge as soon as pleadings were made, i feel this is unequal and unfair as the Tribunal are not only allowing orders to be breached, they are also giving the Respondents more time to further breach the orders. My daughter i feel has a very strong case and my theory is that because of the strength of her case, the opponents and the tribunal are doing everything in their power to keep this matter out of court. It is hard enough and most times financially impossible for pregnant woman to establish unfair dismissal claims because they are pregnant, the Tribunal who should protect, if my experiences are anything to go on make it even more difficult by allowing employers the right to ignore orders and as in this case give further encouragement for this to happen again by postponing without reason or justification. Any help would be greatly appreciated by this angry dad:mad2:
  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 document. We specifically refer to paragraph 4 of the Practice Direction and set out in that paragraph are the courts powers to impose sanctions for failure to comply with the practice direction. You will recall that you entered a written agreement numbered xxxx on or around xx/xx/2006 with Varde Experto (The creditor). The agreement was regulated by the consumer credit act 1974. The agreement obliged you to make payments, however, in breach of the agreement you failed to make thos payments and are now in breach of the agreement. By a notice of default the creditor required you to remedy the breach within the prescribed period and gave notice that, in default of so doing, you would be liable to pay the monies due and owing. However, you did not remedy the specified breach within the prescribed period and you then became liable to pay the creditor the sum of £xxxx By an assignment in writing dated xx/xx/2012, the creditor assigned the debt to PRA group. Then by notice in writing the creditor and PRA group wrote to you to notify you of the assignment. PRA group has made further written and oral requests for payment of the sums but you have not paid the sum due and owing. If after considering this letter you take the view that you do not owe £xxxx then we look forward to receiving your reasons why you take that view plus supporting documentation. We do not presently envisage that expert evidence will be needed in this claim. This letter should be treated as an invitation to refer this dispute to mediation or some other form of alternative dispute resolution (ADR). In addition this letter triggers certain time limits that effect you: 1. You are expected to acknowledge and answer this latter before claim by xx/03/2016. 2. You are expected to respond to the invitation to refer this matter to ADR by xx/03/2016. We look forward to receiving your letter in reply, responding to the claims made against you and / or setting out your proposals for settlement / payment. We are prepared to discuss repayment options if this assists you. If we do not hear from you within the above time limits then court proceedings will be issued against you which may increase your liability for interest and costs. If you have any difficulty in complying with the above limits please explain the problem to us as soon as possible and we will consider a reasonable request for extension. Yours sincerely Litigation manager PRA Group (UK) Ltd. ================================= Information: I have never spoken to PRA group, or acknowledged any previous letter. The original credit card account was opened in 2006. I do not recall the original provider, but it was not Vadre Experto. The default occurred in 2010. It is therefore due to drop off by the end of this year (two defaults have already dropped off my file, and my score is starting to improve - I'm well aware of my past mistakes and errors in judgement). The amount owed is less than £2000. Should I: A) Write to them by recorded / special delivery, asking to see a true copy of the agreement they refer to, providing them with a £1 postal order in payment of the statutory fee (if the price has changed, please advise). Also ask for a certified copy of the original default notice, and a deed of assignment from when the debt was sold on (I do not have any of the above at this point). I believe I can give them 28 days to supply this? B) Ignore the letter above, and do it if / when I receive a claim form from the court? C) something else. I don't know whether to ignore them, try and draw it out until the default drops off my credit file, speak to an actual solicitor. Thanks in advance for your advice.
  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 application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf
  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 DMPs must ensure that they comply with the terms of this protocol and with relevant OFT consumer credit guidance. A provider cannot claim to comply until they have been through the monitoring process and have been cleared by the Standing Committee (see paragraph 14) as up to the standard required by this Protocol......' 'Compliance with the terms of this protocol should be incorporated within the appropriate best practice lending code to which the creditor subscribes. Compliance with the terms of this protocol, including acceptance of pro rata payments, should be regarded as an appropriate business practice towards compliance with relevant OFT consumer credit guidance' etc
  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 the Credit Summit yesterday (13 March). Roberts said that the protocol, which was launched by consumer affairs minister Jo Swinson on 7 February, was the result of several meetings, some of which were “quite tricky”. She explained that the “key areas” of the protocol are that the cost of the set-up fees to consumers will be charged over a longer period by providers and that under the protocol consumers will be made aware of free advice. But she warned that the industry is still seen as “fee versus free” due to “poor practices” among a minority of fee-charging DMP companies. The protocol, which is voluntary, was initially mooted in 2011 by the then consumer minister Ed Davey. Hallewell admitted that the protocol “could have gone further” and that the next step is to ensure that the standing committee, which will be headed by the Insolvency Service, “retains [its] integrity”. Chris Ball, head of lending control at Nationwide, who was in the audience said that he would like to see companies go through a full audit before they are able to offer DMPs, and that policing and auditing in the sector needs to be better. The panel revealed that the protocol will have a logo or kitemark which compliant companies will be required to display. Link: http://www.credittoday.co.uk/article/14958/online-news/dmp-protocol-under-spotlight-at-credit-summit
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