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  1. Hi, I received a claim on 14th feb 2015 from Shoosmiths Solicitors on behalf of Cabot. I had already sent a CCA request to Cabot on 30th Jan 2015 and they replied on 4th Feb 2015 saying that they currently do not have this information on file but have requested the information from the original lender. They anticipate the information will be provided within 40 days. I have acknowledged the claim at MCOL and I am posting a CPR 31.14 request to Shoosmiths in the morning , is there anything else I should be doing? Has anyone had any dealings with Shoosmiths before? Claim From Cabot Financial (UK) Limited Date on claim 13th February 2015 What is the claim for – the reason they have issued the claim? 1. The claimant claims the sum of £14k being monies due from the defendant to the claimant under a regulated agreement between the defendant and Lloyds Bank (xxxxxxxxxxxx) and assigned to the claimant on 24/06/2014, notice of which has been provided to the defendant. 2. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. 3. The claimant claims the sum of £14k and costs 4. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction. What is the value of the claim? £14k Is the claim for a current account (overdraft) or credit/loan account 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? Assigned to Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? struggled with payments so when to a debt management What was the date of your last payment? Dec 2010 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and they failed to respond to debt managements request for CCA
  2. Hope I’m posting in the right place. I’ll try not to ramble too much. In April I ordered a bed frame and mattress from Perfect Home. The delivery men came and delivered the mattress and the frame in the box. They told me they’re not meant to leave it in the packaging but they would if I wasn’t ready to put it together. They left it in the box in my hallway. After disposing of my old bed I opened the box to see that only the headboard and footboard were in there. I called them the same day to tell them that there was no slats or sides to the bed. They apologised and said it had never happened before and that the delivery company would call to arrange on the coming Monday. They never called. I called back a couple of times and got told they’ll call back soon. Nothing. They took automatic weekly payment from my account x2 before I cancelled the direct debit. They started sending letters of arrears and home visit letters. I caught the representative at the door and told him and said I’d like them to take the product back as it’s useless to me if not complete. He apologised profusely. Removed arrears charges. And told me I’d be contacted to have the rest delivered by the next week. I agreed. It never came. He visited again in end of June/early July. Same thing. About a week after that the slats were delivered. Just the slats. Nothing to attach them too. So still useless and incomplete. I sent an email to customer services that wasn’t answered. So I thought I’d wait for another home visit. I received numerous texts saying I was in arrears and someone would be visiting the next day. I waited in several times even though my father was having emergency spinal surgery and no one came. 8 days ago I sent a 3rd email of complaint. Specifying that the product was still useless and that I can’t owe arrears on a credit agreement that is void. I dont know how they expect me to pay for a product I don’t have. I asked for a reply in writing either by post or email within 7 days or I would have to take it further. I got an email back saying apologies they’ll transfer it to arrears apartment they can’t deal with it because I’m in “arrears” but it is like To make a payment... blah blah. As of yet. Still no reply but I’ve received their usual ‘your account is in arrears’ text. I have been sleeping on the floor since April. The parts of the frame I do have are taking up space in the house. I have mental health problems and this is putting me under so much stress. My credit score has gone down as it shows I’ve defaulted. I’m sorry I couldn’t make this more concise. Thank you for reading. Please help I don’t know what to do next.
  3. Hi there, I received a county court claim form with the date of service 19th june with no particulars of claim attached. I filed my AoS and i have been waiting for the PoC but they still haven't been filed . My defence date is tomorrow (17/07/18) so im really at a bind as what is required of me. I'm thinking i have to send in a defence but i'm not sure what to write the defence against as im sure its defending the points set out in the PoC. Its briefly outlined in the "Brief details of claim" on the front of the form but besides that...nothing. Should i write my defence up to defend against the brief details of claim? Really appreciate any help you can give me! Thank you
  4. I stole from primark, stupid choice and will never happen again. The goods totalled to £53 and I was told that, because of this, the police had been notified but will not show up today. This leads me to believe I will hear from them - will this happen? Regarding RLP, everyone has said to ignore the letters which is exactly what I'll do. My only concern is the debt collectors - will they show up at my house? Or just letters? The security guard took my passport and photocopied it with my address and mobile number. The local mall security also showed up and took my details. I know I'm banned from this store and now on some sort of list that, if I'm seen, they have to keep an eye on me. Basically, will there be any outcome from the police for this matter? I'm 21, female. I have never done this before and I am extremely embarrassed by it. I don't want my family or other half finding out, so will the letters be it? Thanks
  5. Hi, My husband rents a black taxi and I have just received a PCN dated 14th June for a contravention that occurred on 12 Feb! I am about to ring the taxi firm as I'm not 100% sure that he had this cab at the time (he has to swap them when they have to go in for repairs etc) but isn't 4 months a bit of a long time?? this is from TFL
  6. Hi everyone. Need some a little bit of help. Got a letter from westcot, saying my account with them had been fully paid, and was now closed. And to stop making more payments to them. Also it said the balance was: minus £303. Phoned them up as I thought there was more to pay on this, and the lovely lady, after putting me on hold for a while, explained that the originator of the debt had informed them it had been paid, then retract that message later. She would contact them, to get an explanation. But there was still £1400 owing. Where does this leave me? I have a letter saying the debt is cleared. Can they comeback and say "oops, mistake, keep paying" or is the letter legally enforceable? In the eyes of the law, is the debt now clear? Thanks doomsponge
  7. Hello to all you helpful souls @ CAG, I am hoping for some advice...... A couple of years ago I took out a payday loan with MRLENDER @ £700ish. I found myself in financial difficulty and was not able to repay. I tried to talk to MRLENDER but they were not interested in my circumstances and just insisted on full payment or interest/charges would be added etc. This annoyed the hell out of me!! Therefore I just ignored them. I have now received a letter from MORIARTY LAW (dated 09/12/16), stating; Amount Due: £1312.50 Original Lender: PDL Finance t/a Mr Lender We have been instructed by Motormile Finance UK Ltd (MMF) in relation to recovery of the above debt. The debt must now be settled within the next 14 days by either payment in full or an initial payment and an acceptable repayment plan. In the event we do not hear from you within the next fourteen days we have been instructed to issue proceedings without further reference to yourself. To ensure you are fully aware of the consequences of legal proceedings being issued against you we have detailed below the costs, fees and interest that the court will add to your account should this action be taken. Court fees: £70 Solicitor costs: £80 Interest: £105 The issue of proceedings and any consequent judgment in our clients favour would therefore result in your debt increasing to £1567.50. I have not been informed by Mr Lender / Motormile that this has been passed on/sold to Moriarty Law. I do work full time, however I am in receipt of child tax credits and don't have the money to pay this off in full...should I try to arrange a payment plan? Is Mr Lender in any way liable due to poor affordability checks in the first place, or is this all on me solely? Thanks in advance for any and all replies. Dave.
  8. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  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. I have been rather stupid and rather than dealing with my CCJ, I ignored it. I received a letter from the Bailiffs office, was dated 26th July, but didn't actually open it until Thursday 29th. I tried to call the bailiffs number with out any success. After looking for some advice on line, I made an application using N245 on Friday 30th June and was advised at the Country Court that the bailiff would see the application on Monday morning, which is the 3rd Of July - date they said they would be visiting. I was told that this application should stop the visit. The notice for removal was dated 30th and I received this today, 1st July. Will this form N245 stop the visit on Monday? I have sent a text to the Bailiff asking to phone me asap. Thanks in advance This was for a credit card debt. aqua, who have passed it onto Arrow and is for approx 3500.
  11. Following the Manchester bombing earlier this year several concerts have been cancelled. The show I was due to attend this coming Friday 14th July however has had the venue changed. At tht time all of the tickets were cancelled and new tickets issue for the new show, with a pre-sale on Thursday 22nd July for people who originally purchased tickets. I repurchased my tickets through Eventim as that was my original retailer, however I am still waiting for my tickets to be delivered. Every other retailer (ticketmaster, gigs and tours, etc.) used an online e-ticket system, however eventim have opted to post tickets out. Whenever I call them they tell me that the tickets will be posted on Monday and if not I can have them re-issued for box-office collection on the day. As the venue is an outdoor square in Manchester city centre there is no box office, however they've told me there will be a pop-up box office. After spending £200 on 4 tickets I don't feel too comfortable waiting until the day to collect them, especially as eventim and their staff don't really seem to know what's going on. As I've paid for standard delivery (£2.50) when placing the order, will I be eligable to cancel the order due to breach of contract as they have not sent the item out and now seem to want people to collect them in person, negating the need to pay for postage on top of the booking fee. If not, is there any other way I can cancel my order and re-order through a different service?
  12. Name of the Claimant ? Lowell Portfolio Ltd Date of issue – . 13/02/2017 What is the claim for – . 1) The defendant entered into an agreement with T-Mobile (UK) Ltd under account reference XXXXXXXXXX 2) The defendant failed to maintain the required payments and the service was terminated 3) The agreement was later assigned to the claimant on 25/07/2016 and notice given to the defendant 4) Despite repeated requests for payment the sum of £353 remains due and outstanding And the claimant claims a) the said sum of £353 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing at a daily rate of £0.077 but limited to one year being £16 c) costs What is the value of the claim? £453 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile phone When did you enter into the original agreement before or after 2007? opened 04/2010 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned 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? Yes, I think so... Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Not sure What was the date of your last payment? Not sure.. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No & No I have now aos stating defend all, what do I need to do next?
  13. Hi I have received a county court claim from Lowel solicitors for a aqua credit card that i took out 2 years ago. I don't have much idea what to do now. I have read a little on here but do not understand. Do I first go onto the county court website and say that I am defending the claim. Do I send a CCA letter of some sort to Lowel solicitors or to the original Aqua credit card I took out. County court issue date 12 April 2017 Signed Lowell solicitors The agreement was later signed to the claimant on 21.7.16
  14. this is for a friend court papers arrived for an old EE debt. she thinks its not statue barred. checked her credit file. and this is the first time she has checked it. it has nothing for EE or lowell on it. in fact no defaults at all. logged into moneyclaim and did the aos and tick box to defend whole of the claim monday the cpr 31.14 record delivery am i correct in what have i done so far and what should i do next. the issue date is 13th december
  15. My father has received a Parking Charge Notice from Parking Collection Services. The reason been for Parking on Yellow Lines or in Cross-hatched area at a car park in Ipswich. However my Dad has never been to Ipswich and the vehicle pictured isn't his (different make, model, colour and has a different reg number) !!!!! Adress of the alleged parking infraction is The Hub, Ipswich, IP1 2QA Dad is looking at sending the following appeal to them I am appealing as the registered keeper against this unjust and unwarranted parking charge notice. I appeal on the grounds that my vehicle was not parked in the location at time or date specified and that as a result no contract was formed. I ask that you cease and desist from sending me anymore unwarranted communication on this matter other than to confirm acceptance of my appeal. If I receive any further communication otherwise from yourselves or your representatives I shall charge an administration fee of £25 per communication. Do you think this is an adequate reply? We are also looking at complaining to the DVLA that they have released Dad's information to these cowboys, for no reason as its not even his car that they have pictured.
  16. Hello, Really need some help. Last Thursday I went outside to go to work and my car was clamped. Rang the bailiff and they have been chasing me at my old address for the last year. I moved address in November 2015 but didn't update my address with my lease company until January 2016. I never received any notification of the fines, if I did I would have paid them. Have got a few over the past year and always paid. There is two fines outstanding totalling £1104. The fines were all in December 2015 I have spoken to (TEC) and filed the statutory declaration and out of time declaration. I don't really know what to do from here or what happens as talking to the council is impossible and all the bailiff says is that the clamp stays on pending appeal. Is this correct? I really need my car for work and this is a nightmare. Can anyone give me some advice? Is there anything I can do to get the car de-clamped pending the appeal? Thanks
  17. I am in very real danger of being attacked or worse by a friends ex boyfriend, he has sent me a death threat on facebook which I am taking very seriously. Having been attacked very badly once before I still suffer from PTSD, Depression and the fear for my life I am experiencing has driven me in to psychosis. I became friends with this couple just at the time they were going through a relationship break up, having met him only a couple of times I found him to be a very unpleasant person, he talked about snuff movies which he enjoyed watching and his love for Death Metal, overall he was very intimidating and aggressive , now he has taken exception to my friendship with his former partner and has taken to threatening me on facebook. I'll paste the message that he sent me below. Removed I have no idea what he is talking about but contacted the police immediately, I was given no help what so ever, they said that they couldn't do anything because he wasn’t on their database even though I provided his name and the borough of London that he lives in. I would welcome any advice on bringing about a prosecution against him, I believe his threat is unlawful and that he should be prosecuted also for the emotional and mental distress he has caused.
  18. Hello, I hope someone can advise. I am looking for some assistance. I have just recieved a Small Claims Summons from a large organisation chasing a debt from a Ltd Company I was a Director for the sum of £840.70. The company I was a Director for dissolved in June 2015. I signed a trade account agreement in my name on behalf of the company as I was the Director. The company only had a £750.00 trade limit. It was a trade account but yet the large organisation is chasing me personally now for the debt. I started the business in the hope of success but was not paid by several customers and did not have the monies to chase the debt so closed the company as it was no longer viable and I got a job. Am I liable for this debt and do I have to pay?
  19. Hi, Excuse the lack of detail as i do not actually know anything and i only called Natwest as a PPI claim company kept hassling me and indicated you could of had PPI even though rejected. This was back in 2004 i had a loan i don't know the value exactly or period etc, this was refinanced with another loan with then a couple of times (loan chain) I think the first loan was 2 or 3k. over 2 maybe 3 years They came back with a some forms to fill Declaration and acceptance i just want to understand whether the banks offer is likely to be trustworthy. main wording being, I wish to accept the Banks net offer of £705, in full and final settlement of all or any claims which i might have against RBS for loan account number xxx **edit sorry the loan chains letter have same working but different figures in total it adds up to roughly £850 Thanks in advance for any help or advice you can add or give, if not then thank you for looking and have a great day ;-) Best regards
  20. Hi guys, I CCA'd Lowells about a credit card I had in 2010. I received a response from them, however, the name and address entries are blank and the credit limit is incorrect. There is literally no personal information held about me. So, as this is clearly an attempt at using a correct CCA, assuming i'm stupid, what's my response? Cheers
  21. Hi all , I have a defaulted barclaycard account which was sold to MKRR recently, ouststanding balance about £4500. I have been passed from one dca to another over the number of years that i have had this account set up payment plans then things have happened so they havent been stuck to, it then goes quiet for a few months and then seems to get passed to different dca i have received 3 letters to date first 2 were to inform me that barclaycard have assigned and transferred my account to MKDP LLP etc the third one i received today from MKRR asking me to contact them to set up payment plan quite a nicley worded letter and very non-threatening actually ! Having read all the posts on MKRR im slighlty curious about exploring the possible loopholes that might be avaliable to me not really sure about what is the first letter to send to them and quite nervous about what is the impact of going down this route if it is unsuccessful
  22. Hi all. Today I have received a claim form from BW legal on behalf of VCS. The ticket was issued on 26/06/2015. I followed advice on here r.e ignore it, however this has now come through. Help & advice appreciated!
  23. Hi All, Hoping someone can help I have received an N1 today for a debt which has shown defaulted on my credit file for some time. I have refused to engage in conversation with the debt collection agency (Lowell) who have attempted to call me numerous times and sent numerous letters. Today I got the N1 through the post, just three months before the default is due to drop off my credit file. The particulars state; 1) The Defendant entered into an agreement with Vodafone under account reference [Ref] ('The agreement') 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the claimant on 31/03/2014 and notice given to the Defendant 4) Despite repeated requests for payment, the sum of £332.34 remains due and outstanding And the Claimant claims a) The said sum of £332.34 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.073, but limited to one year, being £26.59 c) Costs The total is broken down as being Claimed: £358.93 Court Fee: £35 Legal Representative's costs: £50 Total amount: £443.93 Credit File reports: Name [My Name] Address [An address I did live at at the time of the account, a shared house] Date of birth [My DOB] Account type Telecommunications Supplier Account number *****0325 0 Account start date 11/12/2008 Opening balance £ 332 Repayment frequency Monthly Date of default 02/06/2010 Default balance £ 332 So, now that the detail is out of the way... Could someone please help me with my options here and some questions? I intend to defend this but i would like to confirm some things i believe to be true; 1) If this did result in a CCJ i could pay that CCJ within a period of time to have it removed from my credit file and the underlying debt would also be removed 3 months from now when the default has been present for 6 years (worst case scenario) 2) Could i pay this debt now and avoid the legal costs or is it too late to do that I have attempted to dispute it via CRA's dispute feature but they have told me to liaise with the creditor, which I have avoided. What is the best way for me to go about defending this claim and being supplied evidence? The Defence form is fairly straight forward, except for the actual defense section as i have no idea how to go about defending the claim. I will pay the debt if they can definitively prove that it is my debt to pay, but if i do this through the courts it looks like it will cost ~30% more to do that There is a high probability that this bottom feeding company (Lowells) is chancing it as they are running out of time, but i dont know if i should trust this feeling or what to do about it. The single most important thing is minimal impact on my credit file, as I expect to apply for a mortgage in October. Thanks in Advance! D.
  24. Hi, Claim form received from cabot through restons sols. Only just in the nick of time too.... I've moved and it went to the old address, I've acknowledged service. Next to cca, I guess? I'll post the particulars later. Might need some help with defence. So I thought I'd start a thread now rather than later Mike
  25. I received a claim form from MKDP today for an amount in excess of 5k. Claim is as follows. Issue date is 10/12. The claimant claims the sum of £6000 being monies due from the claimant under a regulated agreement originally between the defendant and {A major bank, Credit Card}. {The account} was assigned to the claimant on {a date over 3 years ago}, notice of this has been provided to the defendant. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the CCA 1974. The claimant has thusfar complaied with the pre-action conduct practice direction. What is the value of the claim? £6000 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? 2009 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. Account assigned. – did you receive a Notice of Assignment? Unsure - can't recall recieving anything before 2-3 weeks ago. Did you receive a Default Notice from the original creditor? Unsure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? redundancy What was the date of your last payment? April 2009 Was there a dispute with the original creditor that remains unresolved? Yes - regarding agressive DC Practices, also disputed this with the assigned company. Did you communicate any financial problems to the original creditor and make any attempt to enter into a dm plan? Yes, at the time I offered £1 per week, as was recieving JSA, which was rejected. .............................. I sent a cease and desist letter by email in excess of 12 months ago having placed the account in dispute over aggressive DC practices. No response was recieved (other than the autoresponse - proving it was received), never mind one within 21 days! Could this be considered aan absolute defence to the claim? Either way what would my next course of action be? (Have read a number of other threads so am beginning to build up a picture). Thanks in advance Arthur.
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