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Found 28 results

  1. Name the issuing court: Glasgow Sheriff Court Who Is The Claimant: Cabot Financial UK limited Who Are the Solicitors: Nolans What type of action? Simple What is the claim for – On 14/10/2013 the Respondent entered a credit card agreement with New Day Ltd under which the Respondent borrowed money from them repayable on demand. The said agreement was an agreement under the Consumer Credit Act 1974. The date of termination was 31/03/2017. The Respondent failed to pay as agreed on demand and is in breach of contract with the said New Day Ltd and the supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 19/04/2017 and the Claimants have advised Respondent of the same. The last payment to the account was 02/02/2017. The said sum of £1778.81 is the sum sued for. The Claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent had refused or delayed to do so. Last Date Of Service:- 09/01/2019 Last Date For Response:- 30/01/2019 What Documents are listed in Box E2: Simply states No Defence – No evidence required No stateable Defence (Rule 4.4 breach) – no evidence required Defence on Prescription – Copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required) Is the claim for a Overdraft, credit card, loan account, hp Agreement, Catalogue or mobile phone debt : - Credit card BOX D5 what has the claimant state: The Claimants request that the court order the respondant to pay the sum of .£1778.81 from your knowledge: answer the following: 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 Purchaser - Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? I think so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so When was you last payment:- 02/02/2017 (according to the form) Hi All, Looking for some guidance and advice please, if possible. Around 5 years ago I took out an Aqua Credit card. Unfortunately, I was unable to keep up the payments and defaulted. The account was sold on to Cabot Financial, and as a result I received a number of letters from a law firm called Nolans (which I ignored) I have now received a Simple Procedure Notice of Claim. Any advice gratefully received. Many thanks, Pete
  2. name the issuing court: Kirkcaldy Who Is The Claimant: Cabot Financial (UK) Limited, Marlin House, 16-22 Grafton Road, Worthing, West Sussex, BN11 1QP Who Are the Solicitors: Simon Nolan (Nolan’s Solicitors) What type of action? : Simple What is the claim for – 1. on 21/09/2015 the Respondent entered a credit card agreement with NEW DAY LTD under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit act 1974.. 2.The Respondent failed to pay as agreed on demand and is in breach of contract with the said NEW DAY LTD. The said supplier assigned all rights in the said debt of £3079.52 is the sum sued for. 3.The Claimants have made frequent requests to the respondent to make payment of the said sum but the Respondent has refused or delayed to do so. date of raised claim :- 20 November 2018 Last Date Of Service:-14/12/2018 Last Date For Response:- 4/01/2019 What Documents are listed in Box E2 1. No defence – No evidence required. 2. No Stateable Defence (rule 4.4 breach) 3. Defence on Prescription- copy statement of account only. (Agreement must be admitted to plead prescription. So agreement not required.) 4. Denial of Agreement – Copy agreement dated 21/09/2015 N.B Generic rule 8 order should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead such as assignations or default notices until/unless specific defences are led. The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be plead due to Omnia Praesumunter Rite Acta Esse (trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419 420) The claim is for a credit card from Aqua BOX D5 what has the claimant stated: The claimants request that the court order the respondent to pay the sum of £3079.52 When did you enter into the original agreement before or after 2007? AFTER 2007 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.:- It is the debt purchaser who issued the claim. 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? Not sure, sorry. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - Not that I have noticed When was you last payment:- 23 June 2017 Why did you cease payments:- I could not afford the payments, I lost a lot of work and my income went down so low that I was unable to keep up the payments. Was there a dispute with the original creditor that remains unresolved? NO, but I dispute the amount I am being pursued for on the basis that my credit limit was only £1500 yet they want £3079 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes, I offered to pay £10 a week and although they did not formally agree I continued to pay the £10 until June when I simply could not afford it. I have been served with this Form 6A, the simple procedure for notice of claim from Cabot regarding an Aqua Credit Card I had. I have no idea what to do as I am owe money but not £3092, my credit limit was only £1500! Can anyone advise? I only have a few days to respond and dont know whether to ask for time to pay (I have very little to spare, if anything due to my current financial circumstances) or to dispute the claim and stating the reason as being the amount is in dispute... I have filled out the parts requested to the best of my abilities any help is appreciated, i did not realise the date to respond is 4 days from now so im a bit panicky.
  3. Hi, I've received a letter "NOTICE OF INTENTION TO ISSUE A SHERIFF COURT SUMMONS" alongside a booklet from accountant in bankruptcy. I assume that I will be receiving a summons shortly, any advice? Thanks in advance, didn't expect this
  4. Hi guys looking for some help with this that came a couple weeks ago before i went on holiday. Name the issuing court: Edinburgh sheriff court Who Is The Claimant: Cabot financial uk limited Who Are the Solicitors: Nolans What type of action? Simple What is the claim for – On 19/03/2014 the Respondent entered a Retail Credit Agreement with HITACHI NOVA under which the Respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974.. The Respondent failed to pay as agreed on demand and is in breach of contract with the said HITACHI NOVA. the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 28/01/2016 and the Claimants have advised the Respondent of same. The said sum of £988.32 is the sum sued for. The claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent has refused or delayed to do so. Last Date Of Service:-19/09/2018 Last Date For Response:- 10/10/2018 What Documents are listed in Box E2:[or in your form requesting the same?] 1. No Defence - No evidence required. 2. No stateable Defence (Rule 4.4 breach) - No evidence required 3. Defence on Prescription - Copy statement of account only. (Agreement must be admited to plead prescription. So agreement not required.) 4. Denial of Agreement - Copy Agreement dated 19/03/2014 N.B. Generic Rule 8 Orders should never be issued. The facts of each individual case must be considered. It should never be appropriate to have to plead evidence such as assignations or default notices until/unless specific Defences are led. The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be pled due to Omnia Praesumunter Rite. Acta Esse (Trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419, 420) HP Agreement BOX D5 what has the claimant stated: from your knowledge: answer the following: 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 purchaser 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 ? No When was you last payment:- Unsure but for sure sometime in 2015 Why did you cease payments:- Major gambling problem 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 Any help would be appreciated, this is a great site doing good work Thanks Craig
  5. name the issuing court: Airdrie Sherriff Court Who Is The Claimant: Cabot Financial Uk Limited Who Are the Solicitors: Nolans What type of action? (simple/Ordinary): Simple What is the claim for – 1.On 17/10/2011 the respondent entered a mail order agreement with next directory under which the respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the consumer credit act 1974. The respondent failed to pay as agreed on demand and is in breach of contract with the said next directory. 2.The said supplier assigned all rights in the said debt to Cabot financial uk limited on 05/01/17 and the claimants have advised the respondent of the same. 3.The last payment was made to account on 16/04/15 the said sum of £2416.82 is the sum sued for. 4.The claimants have made frequent requests to the respondent to make payment of the said sum but the respondent has refused or delayed to do so Last Date Of Service:- 24/01/18 Last Date For Response:- 14/02/18 What Documents are listed in Box E2: Credit Agreement (I think) Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt : - Catalogue / Store Card BOX D5 what has the claimant state: from your knowledge: answer the following: 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 Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure 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 ? Don't think so When was you last payment:- 16/04/15 Why did you cease payments:- Financial troubles / health issues / off sick 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? No I have been reading on here for a while and have already sent off my cca request to Cabot. Is there anything i should do while i wait a response ?
  6. Hi i am looking for some advice on what to do with a court letter i have received. It is from an old credit card from Aqua which i had taken out back in 2013. The Claimant is now Arrow Global Limited who i assume has now purchased the debt. I have until 11.08.17 to reply. Issue Date: 06.07.17 Amount approx: £2288.42 Claimant: Arrow Global Limited Solicitor: Shoosmith LLP Original Creditor: Aqua Credit Card (NewDay Ltd) Particulars of Claim: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ('the agreement') between the claimants and Newday Ltd ("the original owner") dated 18/10/2016, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due or owing by the respondent to the original owner which were in existence as at the date of the Agreement, and in particular in relation to the contract hereinafter condescended upon. The said assignation was intimated to the respondent by the way of a written notice on or around 18/10/2016. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consuer Credit Act 1974. Further information in relation to that agreement is contained in section D4, where we set out the sums due and the basis which the fell due. The Said contract between the original owner and the respondent is a regulated credit green in terms of section 189 of the consumer credit act 1974. it is dated 20/02/2013 and relates to a credit card issued by the original owner for Aqua credit card with the account number: xxxxxxxxxxxxxxx. on numerous occasions between 20/02/2013 and 30/01/2015 the respondent utilised the credit facility created under said agreement by purchasing goods and services on credit using the facility. It was a term of the agreement that the original owner would use statements in relation to the account on a monthly basis upon which would be stated the current balance the minimum payment which required to be made in terms of the said agreement and the date by which said payment required to be made. By the nature of the said agreement payment to be made each month fluctuated from month to month depending on use. The last payment made by the respondent thereunder was made on 27/05/2014 in the sum of £110.00. It was a term of said agreement that failure to meet and payment on a due date would render the account in default and would entitle the claimant to serve notice of default on the respondent requiring the respondent to remedy the breach within 14 day failing which the agreement would be terminated. on or around 30/01/2015 the respondent failed to make payment of a sum which had failed due and the said account thereby entered into default. A default notice was issued to the respondent on 30/01/2015. The respondent failed to remedy the default following upon service of the said notice and the account was accordingly terminated in accordance with that notice. The account remains in default. The sum due in terms of the said agreement amounts to £2288.42. The right to receive payment of the sums due in terms of the said account vests in the claimant. The form asks what documents they may bring to court to support the claim and they have listed.. A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon. Is the debt Statute Barred? No List any letters you have sent: None Yet Sorry for the long post but i am unsure on how to proceed with this. Should i just admit it and offer some sort of monthly payment? What would be a reasonable offer? I am not sure if they have all the original documents and no evidence was attached to the letter but as above they said the will be produced in court if i defend the case. I am not 100% sure but i think i might have signed an online credit agreement at the time so i assume they will still have a copy of this. Any advice would be much appreciated. Thanks
  7. I received a simple procedure notice of claim recently and I'm unsure of what to do. This was from a few addresses ago. I'm unemployed, recently had a baby and suffering from postnatal depression. My brain is a bit 'fuzzy' at the moment and I find it hard to take things in and concentrate. What do I Do?
  8. Hi guys im hoping for some advice on what to do with this debt, i had no idea they would take me to court for it and am panicking a bit now, i have looked around the site but cant really find specific advice, so apologies if i havent looked hard enough and i appreciate any help you can give, cheers neil. What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. on 31/03/2015 the respondant entered a mail order agreement with J D WILLIAMS AND COMPANY LIMITED under which the respondant borrowed from them a sum of money payable on demand. the said agreement was an agreement regulated under the consumer credit act 1974. the respondant failed to pay as agreed on demand and is in breach of contract with the said J D WILLIAMS AND COMPANY LIMITED. the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED ON 07/06/2016 and the claimants have advised the respondant of the same the last payment was made to account on 07/09/2015 the said sum of £1029 is the sum sued for. the claimants have made frequent requests to the respondant to make payments of the said sum but the respondant has refused or delayed to do so. What type of action? (Small/Summary/Ordinary) simple procedure notice of claim. small? Is the claim for a current or credit/loan account or mobile phone account? catalogue 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 purchaser cabot/nolans soliciters 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? most likely Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure Why did you cease payments:- financial difficulty 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? no
  9. Hi all Apologies if this isn't right as i'm new to the forum as i'm looking for some advice. I saw that others have had a similar experience to me and was hoping you could help me too. Last week I had a Sheriff Officer at my door who in the end put the form through in regards to the Simple Procedure Claim relating to a debt from 2012. This got me concerned which led me to do a bit of searching on the internet for advice. The debt came from a time when I took on far to much and in the end couldn't afford to make payments. Yep, it was a stupid decision and one i've regretted for the last few years and this particular one is from Isme for approx £614 I believe, would need to double check the form. I actually think that the debt is Statute Barred, based on when i made the last payment which i think was back in 2012 from what i have on my bank statement. Capquest are claiming that the last payment was in July 2013, however i also had a very account which i was making payment to and the account number on the form is for Isme, which was different. As the payments were to Shop Direct as a whole would this be counted as my last payment even though it's a different account? I do know that Isme is now essentially Very and doesn't exist anymore. When i signed into my account it was via the very website, although I had to choose the separate account number for Isme. When I get home i can post more information if required although any help/advice would be greatly appreciated. Thank you
  10. Hi there I have received a hand delivered envelope (I haven't signed for it, don't know if that makes any difference) containing a Simple Procedure Notice of Claim by Arrow Global for an Aqua credit card debt. I have never received one of these before and I am not entirely sure what it is. Is this a fishing expedition by Arrow to pressure me to respond - there are no court stamps on the letter or date to attend court. A Time to Pay application has been included. The amount they are asking for is more than the credit limit as on the card, I assume the balance is made up of fees/late payment charges. If I ignore it what will happen - is it likely to proceed to court? The balance is for £737.00. I took out the credit card in November 2014, Arrow say they purchased the debt from Aqua in August 2016 and that they have sent letters on 2 occasions in May 2017 to which they had no response - I do not recall ever receiving these letters. I did make repayments to the card, but same old story, I got into financial difficulty, they started adding on late payment fees and it all snowballed from there. I am unemployed at the moment and not claiming benefit as my live in partner works full time. I do not receive any tax credits, just child benefit for 1 child. Can anyone help me as I don't really know what to do here. I have until 14/09/2017 to respond. I have been reading the forums but there is so much information on there and I don't know where to start. Thank you.
  11. I need help/assistance regarding a Simple Procedure claim that was posted through my door on Thursday 5th October by Sheriff Officers. The claim by Capquest/Shoosmith is regarding a catalogue debt which I believe should be statute barred as the date that a default was issued was 10/07/2012. I suffer from a long term illness and also depression and around that time was in and out of hospital frequently and for one reason or another, ignored the debt! Capquest/Shoosmith are now pushing to recover the debt which was initially owed to shop direct for the sum of £449.37. As I rely solely on benefits, I am unable to pay this without putting myself in further financial difficulty. Any help or advice would be greatly appreciated!
  12. WARNING: YOU ONLY HAVE 7 DAYS TO REPLY TO THE COURT. if the claim has been made by the ORIGINAL CREDITOR then a time order might be your best bet. but still please fill out the questionnaire below if the claim has been made by a DEBT BUYER/DCA then follow below Copy and paste this post to your OWN THREAD: Answer the following questions using the details from the court initial writ name the issuing court: Who are the pursuers: Who Are the Solicitors [listed at the bottom of the writ] : What is the writ for – type out ALL the text on the writ at items 2,3 AND 4: [minus pers details typically account number etc] NOTE THE EXACT WORDING IS EXTREMELY IMPORTANT TO YOUR CASE SO GET IT RIGHT. what date was this served on you:- what date is within the COURT STAMP: What Is the claim for ..Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt from your knowledge: answer the following: Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? When did you enter into the original agreement before or after 2007 [give the date]? Were you aware the account had been sold/assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? When was your last payment:- Why did you cease payments:- Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? What you need to do now. Copy and past the above on your own thread with your own answers attached. read the next post below too:
  13. All documents are here: http://www.scotcourts.gov.uk/rules-and-practice/rules-of-court/sheriff-court---civil-procedure-rules/simple-procedure-rules Below are those relevant to DCA/Debt Buyer Claims with specifics highlighted within them. Some interesting musings... The DCA HAS to state the documents they intend to rely upon within their claim. [box E2] It is heavily directed toward the claimant/respondent dealing with this via ADR outside of court There are no immediate court hearings/if any at all...the sheriff is directed to read the responses by the claimant and the respondent and decide what should happen. it is very much geared toward Mr Joe Public, with NO legal knowledge needed, to represent themselves and be helped and NOT be disadvantaged by the sheriff nor the Claimant in legal matters. they must explain and help the respondent in legal matters use the response form 4a PDF attached to post 2 or 3
  14. Hi all, I'm new to this site but I really need help. a few years ago I got myself into a right pickle with debt. I was young and stupid and when it came to having to pay, I couldn't. I have had letters from collection 'enforcement officers' which I haven't given a second thought, letters have been binned etc and we've since moved house. Yesterday morning two men knocked my door and handed me a form from the local sheriff court advising that I will be taken to court in order to recoup the money owed to the collection agency. They did not introduce themselves (later found them to be capquest agents from a clause in the paperwork) and I did not acknowledge the debt or confirm who I was in relation to the person they were looking for. What do I do? Where do I stand with this? The debt was bought by capquest in December 2012 from original creditor Very and I have had zero contact with either since defaulting on payment to Very in November 2012.
  15. Hi I previously received the simple procedure paperwork regarding a LloydsTSB Credit card debt from 2013 for £1900 ish I did a bit of research and found this place so sent my response back as per what I found on here and fired a CCA request to Cabot ( I made one mistake and said I'd sent it recorded when in fact I sent it 1st class with proof of postage - no matter as they mention it in their reply which to me is an acknowlegement) I now have a case management meeting Next Week I have also received a reply from Nolans - both of which I'll add as PDF's (now that I've figured out how to do it) So, first of all, thank you for the excellent advice & information on here and secondly, how do I handle the case management meeting? what do I need to say and possibly, more importantly, what do I make sure that i don't say? SO1.pdf Nolans reply.pdf
  16. Hi all Need some help Just received a PPI refund offer from Barclaycard. PPI began on 4th Nov 1999 and ended on 7th Nov 2000. The account is now closed. barclaycard dont have any statements etc from this time so have estimated the refund based on average figures. The offer below is based on "average amounts we would refund someone who was sold a comparable policy on a credit card held for a similar time period" Refund of Payments made for PPI cover charged on a comparable policy £240.55 Refund of interest charged on PPI Premiums charged on a comparable policy £126.28 Statutory Compensation £155.17 Income Tax Deduction £31.03 Total Refund £490.97 So, does that sound right? Or can i add interest? if I can, is it simple or compound? is it 8% or circa 24.9% which I think was the rate charged by Barclaycard. I have looked on the forums and googled this but have lots of differing answers and opinions but would really appreciate something definitive. I remember the card limit being £2500-2700 and I would have been close to that most months Thanks for the help Sausage
  17. i started in a company at the beginning of December 2015. They have 33 days annual holiday (after a qualifying period). Their year runs from 1 June each year. So, when I asked about holiday pay at Christmas 2015, I was told I wasn't there long enough to qualify for holiday pay (I had been there three weeks). I knew this was "strange" but didn't want to rock the boat in a new job. On the first day back in the new year, everyone got their floating holiday entitlement, I queried my entitlement, and was told to ask again in June. Again I asked at Easter, and was told I had accrued 4.1 days, so MIGHT get 5 days pay, but it would mean I wouldn't get May day. At Mat day, I DID get paid. In June I queried my floating holiday entitlement without an answer. I asked for time off in July on top of our "shutdown" period, I got 3 days off, got paid for the formal shutdown but not the extra 3 days, as I hadn't accrued enough days. Thus in the space of my first year, I will have received payment for 16 days holidays. When I queried why I wasn't getting 28 days holidays, they said it wasn't the system they worked. and if I got 28 days holiday, I would be in the same position at Christmas, where I wouldn't have any holidays accrued for my Christmas holiday. Am I right in that from 6th December to 6th December I should have received 28 days paid holidays? Or are they accurate in saying they can carry the holidays i'm owed into Christmas I just want to be 100% certain before putting a complaint in writing.
  18. Is it possible to find out who owns a residential property? I live next door to a house that is rented. The tenants have been told by their landlord not to correspond or have any contact with me. This stems from an issue with a boundary. The landlord has contacted me himself by text, but the only details I have for him are a mobile number (which could obviously be changed at any time) and a surname (which I suspect might be an alias). The landlord has not been particularly helpful and doesn't like me using the mobile number I have for him. Is there anything I can do to identify this individual so I can correspond with him properly? Or do I simply have to send any letters to my neighbours house and mark it for the attention of the landlord? Any advice gratefully received.
  19. In April 2014, significant changes were made to the way in which bailiffs can enforce debts. Most importantly, the fees that can be charged are fixed and transparent. The following page is an overview of the new regulations. Terminology The Taking Control of Goods Regulations 2013 modernise terminology. The terms levy, distress or distrain are now known as the process of ‘taking control of goods’. A walking possession agreement is now called a Controlled Goods Agreement and bailiffs are now known as enforcement agents (although they can still be referred to as bailiffs). Warrants of execution (in particular for road traffic debts) and warrants of distress (for Magistrate Court fines) have been renamed warrants of control. With debts enforced via the High Court, the centuries old term of a writ of fieri facias (writ of fi fa) has been renamed a writ of control. Enforcement Agent Fees The Taking Control of Goods (Fees) Regulations 2014 also came into effect in April 2014 and with the exception of ‘writs of control’ (enforced via the High Court), the following fees apply to all debt types (council tax and non domestic rate arrears, local authority issued penalty charge notices, magistrate court fines, child support agency arrears and rent arrears). Compliance Stage Fee: £75 Upon receipt of an instruction from the client, the enforcement company must send a Notice of Enforcement to the debtor. The notice must provide the date of the notice and the date and time by which full payment or a payment arrangement must be set up. This strict period of time is referred to as the ‘compliance stage' and must by law provide a minimum period of seven ‘clear days’ before an enforcement agent may visit the property. The compliance fee of £75 is payable for each Liability Order or Warrant of Control. Enforcement Stage fee: £235.00 (plus 7.5% of the value of the debt that exceeds £1,500.00). If full payment or a payment arrangement is not made during the Compliance Stage (or a previous payment arrangement is broken), the case will progress to the ‘enforcement stage’ and an individual enforcement agent/bailiff will attend the property for the purpose of ‘taking control' of goods. This fee becomes payable at the time of attendance. If the enforcement agent is enforcing more than one Liability Order or Warrant of Control against the same person, he may only charge one enforcement fee (of £235). He cannot apply ‘multiple’ charges. Sale stage Fee: £110.00 (plus 7.5% of the value of the debt that exceeds £1,500.00). This fee shall be charged when an Enforcement Agent attends the premises to remove goods and makes preparations for the sale of goods. It is important to note that additional charges may also be applied relating to the removal. These include storage and locksmith’s fees. Forms and Documentation The new regulations provide a series of statutory forms that must be used by the enforcement agent. Full details of all forms and the information that must be provided on them can be viewed here. Making a payment proposal The legislation provides a strict period in which to make payment or to negotiate a payment arrangement without the need for a bailiff attendance. This is referred to as the ‘Compliance Stage’ and begins with receipt of the Notice of Enforcement. If full payment cannot be made within the strict time period outlined in the notice, (a minimum of seven ‘clear days’) then it is vitally important to contact the enforcement company to make a payment arrangement. Most companies will readily agree to accept an arrangement over a period of 3 months (and possibly even 6 months) depending on the individual circumstances. Providing the enforcement company with a simple Income and Expenditure calculation at this stage may be of assistance. Failure to make payment (or to agree a payment arrangement) during the compliance stage will lead to a bailiff making a personal visit to ‘take control’ of goods. This visit will incur an enforcement fee of £235 as outlined above. Vulnerable debtors Far better protection is given to vulnerable debtors under the regulations. One example being that a vehicle displaying a disabled badge is now exempt from being taken by a bailiff. Secondly, and most importantly, Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 makes provision to protect vulnerable debtors who may have been unable in the early stages to seek advice (from the local authority, magistrates court, debt counsellor/debt charity etc) about the debt. If a bailiff makes a personal visit (which incurs an enforcement fee of £235) and identifies a debtor as ‘vulnerable’, then Regulation 12 provides that he should give the person a chance to seek advice prior to removal of goods. If he fails to do so, the enforcement fee of £235 is not recoverable. An enforcement agent will not know in advance whether a person is ‘vulnerable’. It is therefore vitally important to make the enforcement company aware of any ‘vulnerability’ at the earliest possible stage (during the compliance stage) and where possible, to provide some form of documentary evidence. Times of day when a Bailiff/ Enforcement Agent may visit The enforcement agent/bailiff is allowed to visit the property seven days a week (including Sunday) between 6.00 a.m. and 9.00 p.m. He is not allowed to visit on Bank Holidays and Christmas Day Items that are exempt from being taken by a bailiff As outlined above, if full payment or a payment arrangement is not set up during the ‘compliance stage’, the account will progress to the ‘enforcement stage’ and a personal visit will be made to ‘take control’ of goods (hence the name of the regulations). In reality, the enforcement agent will be seeking full payment of the debt. If this is not possible, then he may ‘take control’ of none exempt goods. The regulations provide a list of exempt items that cannot be taken into control by the bailiff. The following are the most important: Items or equipment (for example, tools, books, telephones, computer equipment and vehicles) which are necessary for use personally by the debtor in the debtor’s employment, business, trade, profession, study or education, except that in any case the aggregate value of the items or equipment to which this exemption is applied shall not exceed £1,350; Clothes, beds, bedding, furniture, household equipment, items and provisions as are reasonably required to satisfy the basic domestic needs of the debtor and every member of the debtor’s household. Cooker or microwave, fridge, washing machine, dining table and dining chairs to seat the debtor and every member of the debtor’s household. Land line telephone, or a mobile phone. Domestic pets and guide dogs. A full list of items that are exempt from being taken into control by a bailiff can be viewed here. NOTE: Motor vehicles are the most common item to be taken by bailiffs. A separate post is provided below on this subject.
  20. Hey there. I'm just an average commuter via TFL, & would like to ask some questions. 1) Let's say I am in possession of an annual ticket for all zones. If I lose my ticket during transit or forget my Photo-Id proof to verify the ticket belongs to me - will I be able to avoid a fine later on? Or will the probability of being fined be almost certain? 2) If I'm entering my local station, & a series of RPI's are camping the entrance, are they supposed to be checking people entering the station, or those leaving? -> I ask, for if my train is just hitting the platform, an intervention by them could lead to myself missing my morning half five train. Is that acceptable practice? I may have some more questions, but that's all for now.
  21. I have had an ongoing issue with British Gas since my renewal dropped through the letter box in September 2014 for £340/yr. A fairly simple telephone call you might imagine to negotiate a better deal to compare to competitors at around £200/yr for the same level of cover. Anyway, two telephone calls that failed to result in a new price, due to "computer issues". Followed by various methods of them delivering the same £340/yr renewal quote with no explanation. Plus my complaints via on-line message through the website and to various complaints/customer service email addresses has still not resulted in a resolution. The most annoying fact is after the initial phone calls they said I would continue to be insured, and they would take the direct debit at the monthly amount stated. Now they never did this, so i would assume I am not insured, but they have not responded to my questions to confirm this. Please give some thought before you take one of these policies, and not just with BG by the sounds of it. I am going to try and find a good recommended boiler service guy and hope that any breakdowns and repairs are not too painful. Thanks for reading..
  22. Hi, I am a bit confused. I have been made an offer on my ppi which comes to £2,044. I think that this is far too low. I've just worked it out and my calculation comes to £3659.02. I did this based on what I have read on another thread. consumeractiongroup.co.uk/forum/showthread.php?304901-How-to-calculate-the-interest-on-PPI-claim My loan is still open. I took it out in April 2009. The premiums come to £460. I have calculated the compound interest at 11.425% on each monthly premium from the time the premium was applied to the the time of the claim. I have then added this to the premium. I have then calculated the simple interest against this at 8% and added all three together i.e. original premium + compound interest + simple interest. This has come to the final amount of £3659.02. Is this right? Many thanks, Adrian
  23. Hi guys, I've just made the first steps to fixing my financial mess and am arranging a DRO. However, I need to arrange statements of each debt with account numbers and total amounts owing. Now after spending a while being chased by the delightful folks at companies like MMF, Red Castle, Fredricksons and Lowell, I previously changed my mobile number and requested that the ones I've been in contact with only contact me by email. However, now I need these statements I'm going to have to go to them, but I don't want to give these people my current address (and the endless stream of threatening junk mail to begin again) so my question is: Would emailed statements be acceptable as evidence in a debt relief order application? Thanks for any and all advice!
  24. All set to claim redress for PPI on an old store card and am now flummoxed by an odd interest term in the recon agreement. 'We will charge interest on the account at 1.5% per month' The APR is as follows... (blank, none given?) 'Interest will accrue on the account on a daily basis from the date of transaction until payment in full is credited to the account. Each month interest will be added to the balance on which interest is charged' As its a store card there was an option for interest free purchases, ergo the term above (on which interest is charged) Having managed to get the last 10 years of transaction history out of it (account is 12 years old) it appears from my calcs that interest was compounded yet the term is clear in that interest will only be added to the balance of the transaction. I'm pretty sure I'll claim at current advertised APR but its now left me wondering if my agreement was for simple interest only at inception. Does anyone have any ideas or suggestions on how to broach the subject with the creditor?
  25. A number of years ago, I got off a train and walked to an extended platform to get a second train to my final destination, I saw I had just missed the second train so decided to walk instead, I went to a fast food place within the station to get some breakfast and then walked out of the station. As I left the station, a BTP officer approached me and asked to see my ticket, of which I did not have one. As such, he said I could either receive a caution or be summoned to court prosecuted for trying to defraud the railway services (or something like that). A couple of days later, I had to sign a simple caution for the offence of Railway Byelaw 18 Ticketless Travel at the BTP station for traveling without first buying a ticket, not buying one on the train (even though there was no conductor), and then avoiding the ticket check barrier (which I dispute as it wasn't intentional). What I'd like to know is, will this ever show up on an enhanced CRB check? Bearing in mind I have actually had 3 enhanced CRB checks since then and have always had "None Recorded" under all categories and am employed to work with children now...
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