Jump to content


  • Tweets

  • Posts

    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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 assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

A Morbid Tale of Debt


fairbank
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5633 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

A few weeks ago a close friend called me to tell me how serious his debt was, he had run out of money, hounded by the postman, dcas, behind with mortgage. Yes serious debt, but not uncommon it seems having read many of the threads on this site.

 

Within the hour he had hung himself. Committed suicide and left a wife and three young children. I was appointed executor and his debts were bad but on reflection could have been dealt with.

 

We were close in everything we did. Both entrepreneurs but he was far better. Both earning £50k salaries 10 years ago but we both have hit hard times. His has resulted in death but mine will not.

 

It's ironic having looked at his estate that we have made vitrually the same mistakes. His debts and mine are mainly secured, the unsecured in my case no more than £15,000. I am in a negative equity situation based on secured debts and mortgage.

 

It does make you think sometimes that walking under a bus would clear the financial headache but life is more important than money and I would never give up the wonderful wife and family that i have but I know that I NOW need to address the situation.

 

The past year has seen me with a seriously ill parent, a daughter with cancer and a lost grandchild. The whole series of events have placed a real strain on me and my wife

 

In August this year I was forced to give up a well paid kob and did so on the promise of much private consultancy that has never materialsed. Three months down the line, the money has run out and I face the next month being unable to make any payments to anybody.

 

Total monthly income of £900 does not cover £1800 of regular payments so I have to act fast, hence I really do need some advice please, I really do.

 

What should I do, should I opt for BR now. It seems an option it really does. With secured debts of around £210,000 and a house worth £180k tops, its going to take a long time to own the house. The unsecured stuff is a worry but not as big as the secured stuff. Yes dcas are calling and I am half way through paying the bailiff for my council tax, and he has walking possession as well (god I wish I had read the bailiff thread before)

 

NOT having worked for three months can I go back to the council and get a reduction in my council tax? I don't know.I haven't signed on or anything

 

I have millions of questions and I am sure that just as many will be thrown back to me which I will answer most willingly.

 

By next Friday I will have no money so I need to think quickly on my feet.

 

Some serious quick advice would be most welcome.....thanks.

The corner has become much easier to approach. At long last I am able to start to look behind and see those left behind!

Link to post
Share on other sites

  • Replies 358
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

NOT having worked for three months can I go back to the council and get a reduction in my council tax? I don't know.I haven't signed on or anything

.

 

Mate, that's the first thing you should do. go to entitledto, and find out what benefits you are entitled to.

 

Calling the national debt line would also be a good idea.

 

 

I've never seen a debt problem that couldn't be solved.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

Link to post
Share on other sites

Have been on the site that was recommended and answered everything as accurately as I could

 

I have some questions over some of the allowances

 

What does earned income net mean? It gives a figure of just over £6000 with £3000 for other income. I understand the child benefit element

 

Are these figures counted as money to me?

The corner has become much easier to approach. At long last I am able to start to look behind and see those left behind!

Link to post
Share on other sites

Sorry, i can't answer your question re benefits. I thought you may find this link useful CCCS - Free Debt Advice from the UK's Leading Debt Charity

 

I haven't used them, but many others on this site have and find them really helpful.

 

Do you have any charges you can reclaim on cards, loans etc?

 

It will also be worth sending a CCA request to the DCAs. If you need moreinfo about this just ask :)

 

You will be given lots of support on here. You've come to the right place ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

NOT having worked for three months can I go back to the council and get a reduction in my council tax? I don't know.I haven't signed on or anything

 

 

you need to sign on for job seeker's allowance ASAP.

 

you should also contact your local authority to claim council tax benefit

 

bankruptcy *could* be an option, you would to sign your beneficial interest in the property away (this costs £1+£211+vat admin fee), this would stop it ever being sold by the official receiver.

 

as folks have stated previously, give one of the debt help charities a ring in the morning, you have a complex query which they would be able to help get sorted.

 

NDL = 0808 808 4000

CCCS = 0800 138 1111

 

(both free)

Link to post
Share on other sites

Slightly better start to the day and a glimmer of hope!

 

If all goes well next week I will have some consultancy work to the value of £3500 plus I have been asked to do some work in December at a value of £1500. This is a huge burden lifted in the short term and will put things in abeyance for a few weeks at least. Could have an okay Christmas, which my family really deserve after the past year.

 

I think that I need to revisit my strategy and be prepared for the next series of events that follow.

 

I have read much about ccas with the dcas. Is it that simple to go ahead and ask for the cca. IS the account in dispute during this phase whilst the cca is provided. Off the top of my head there is Littllewoods, Capital One and RBS Credit Card. All with dcas. There may be one or two more as well. There are loads of charges on them as well.

 

Thanks for the advice so far. I was extremely depressed after my post yesterday but a little more cheerful now (but not smiling!)

The corner has become much easier to approach. At long last I am able to start to look behind and see those left behind!

Link to post
Share on other sites

Slightly better start to the day and a glimmer of hope!

 

If all goes well next week I will have some consultancy work to the value of £3500 plus I have been asked to do some work in December at a value of £1500. This is a huge burden lifted in the short term and will put things in abeyance for a few weeks at least. Could have an okay Christmas, which my family really deserve after the past year.

 

I think that I need to revisit my strategy and be prepared for the next series of events that follow.

 

I have read much about ccas with the dcas. Is it that simple to go ahead and ask for the cca. IS the account in dispute during this phase whilst the cca is provided. Off the top of my head there is Littllewoods, Capital One and RBS Credit Card. All with dcas. There may be one or two more as well. There are loads of charges on them as well.

 

Thanks for the advice so far. I was extremely depressed after my post yesterday but a little more cheerful now (but not smiling!)

 

Don't worry, you'll be smiling soon enough:)

 

Seding CCA requests is very simple and very useful, especially when accounts have been pased to DCA's. They have to prove they have a legal right to collect the debt, they do this by providing a credit agreement which must be signed by you and contain all prescribed terms.

 

With regard to charges you will need to send a SAR request to each original creditor to ascertain the full extent of charges, then you can start claiming them back.

 

kind regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

Link to post
Share on other sites

Shane

 

Thanks. This will all be done next week. Now have to concentrate on getting some of this work to start with

The corner has become much easier to approach. At long last I am able to start to look behind and see those left behind!

Link to post
Share on other sites

I finally got around to sorting out the huge pile of mail that has grown i recent weeks.

 

I was also greeted by notice to default by Paragon and capital One

 

Strange but I cannot find any statements from any of these guys which will no doubt have huge charges on them. Should I go for ccas and alsask for statements. Surely they have to send me regular statements.

 

Have also kicked off PPI claims against Paragon (£9100) and London Scottish (£830) plus interst of course. Now these two being successful would buy me enough time to get my act sorted out.

 

Kind of more positive at the moment, but a few beers, despite lack of cash are in order tonight!

 

I think that I am starting to get a better handle on how to deal with things. Just need the work to come off on Monday and then at least I can at least use some delaying tactics and try to get some order

The corner has become much easier to approach. At long last I am able to start to look behind and see those left behind!

Link to post
Share on other sites

Hiya,

 

To find out all charges on the account you would need to send a S.A.R - (Subject Access Request)

 

With regard to Paragon and Capital one if you haven't already done so send a CCA request asap, this will put the accounts into dispute which means they cannot take further action (including registering defaults) until they remedy the dispute, ie by providing a legally complaint credit agreement

 

kind regards,

shane

____________________________________________

All advice is offered freely & without prejudice

 

 

If my post has been useful to you please click the scales

Link to post
Share on other sites

Hi Fairbank. I'm glad you're feeling a little more positive. All the letter typing and sending is hard work, but worth it. Just the sense of control it gives you is a major boost.

 

I can't remember if it's already been said, but send all your letters by recorded delivery or special (if the budget allows). Keep all receipts - no-one can deny recieving anything then ;) Don't sign any of your letters either - just type your name.

 

Good luck. Fingers crossed your work goes well.

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Gosh really sorry about your friend- glad to see you are getting some help.

 

There was a case on here I was really worried about - its so hard when you see someone unravelling before your eyes.

 

Hope everything works out for you. As you say the most important thing is your family and if they stick with you - that I am sure will strengthen your resolve,

 

Hope everything works out

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Just got back from a few beers with friends. The typng may not be so good.

 

Jansus, the most important person is me in thsi situation to be farnk, I need the courage of my convictions to see this through. My loving wife and kids are the most important things in my life and I owe it to them to make sure that our lives continue to be most meaningful.

 

I know that with the family that exists on this site that the advice give will help steer me through and I am so happy that so many people care to listen

 

Off to bed and by the way I helped solve some problems for some really disadvantaged kids tonight who were in danger of never being listened to. Lie is a doble edgedsword sometimes

 

Onwrads and upwards

 

Written aftera a few beers sorry if have been less subtle

The corner has become much easier to approach. At long last I am able to start to look behind and see those left behind!

Link to post
Share on other sites

Don't sign any of your letters either - just type your name.

.

 

Why are we not signing letters? Is this so the DCAs cannot forge our signatures on documents? I have been using a different signature for each DCA so that if that dummy signature appears on an agreement I can shout fraud!

Link to post
Share on other sites

Have been on the site that was recommended and answered everything as accurately as I could

 

I have some questions over some of the allowances

 

What does earned income net mean? It gives a figure of just over £6000 with £3000 for other income. I understand the child benefit element

 

Are these figures counted as money to me?

 

Not sure what you have done. The calculator can be used by people who are working a few hours and are therefore eligible to top-up their income with benefits, as well as those not working.

 

I hope your consultancies continue into the new year. If not, then the calculator does not need you to enter your income to date, just what you are earning at that time.

 

Sometimes it is easier to start by just entering your family number, ages & council tax and leave everything else blank. The calcualtor will then tell you what your child benefit is, as well as the maximum income support, tax credits & council tax that could be paid. Once you have done that, do it again entering everything else.

  • Haha 2
Link to post
Share on other sites

Jansus, apologies for the post i wrote in the early hours of this morning. I put it across the wrong way.

 

I will wait until the alcohol clears next time!

The corner has become much easier to approach. At long last I am able to start to look behind and see those left behind!

Link to post
Share on other sites

Why are we not signing letters? Is this so the DCAs cannot forge our signatures on documents? I have been using a different signature for each DCA so that if that dummy signature appears on an agreement I can shout fraud!

 

Hi Saqqara - yep, i suggested not signing in case of any naughty behaviour! Signing in a different way than normal is just as good too. There's also this thread for a bit of high tec guidance!

 

http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html

 

:)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Hi

 

reference your previous post --no problem

 

actually your thread prompted me to contact a poster on here i was worried about - so all good.

 

Hope I get a reply

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Link to post
Share on other sites

Well I didn't get the second piece of work but at least the first one is still there although I won't see the cheque until late December.

 

Last night throughly depressed, no deeply depressed. Planning all kinds of things in my head of the most effective painless way of just ending it all. I can't do that but the thought never seems to leave me at the moment

 

So the situation goes from desperate to dire. I now have to start getting the ccas in etc.

 

Will keep you posted

The corner has become much easier to approach. At long last I am able to start to look behind and see those left behind!

Link to post
Share on other sites

fairbank, please dont think like that, you have a lovely family and with this wonderful sites help, you are going to be back on the straight and narrow in no time, perhaps you could chat to your GP, as I feel a course of anti depressants might help you. Do you talk to your wife of your concerns? I am sure that she would really want to help you.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

Link to post
Share on other sites

Hope this all works out well, looks like you're in good hands here. I had a few shaky moments, still a long way to go but there is immense inspiration to be found here.

 

This is a typical example of the strength of will here.

I've never seen a debt problem that couldn't be solved.

Slartibartfast

PRS - Semi-retired

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...