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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)     Name of the Claimant ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here Yes 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. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
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      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.

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Of course - provided it is a legitimate and provable debt. Given the family connection the OR will probably show a high degree of interest in this.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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geministar you have to put down all of your debt on your statement of affairs nto matter if it is securede, unsecured, family, utility arrears, council tax everything should be included.

if you forgot some don't worry the OR will ask you more about your debt during your interview if you go BR.

 

If you owe money to your family and if they want your money back they will have to go to the OR to ask for it back.

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sorry gemini o just received your message and pardom me for answering here as aparently we re nto allwed to respond to private message incase u receive bad advise so here we go my answer

 

forgive me in advance if

Hello

 

You have posted on some of my threads in relation to my bankruptcy process. I noticed you stated in the council tax thread that your partner is BR too. Would you mind me asking... How do you both find this? Does both of you being BR make life any more difficult?

 

My partner is thinking of going BR too, however his situation is a bit different to mine, most of his debts are in joint names - his wife who he is no longer with and who is living in NZ. They both ran away from their debts, so far he has not heard from any of the creditors and its been a couple of years or so.

 

Would just like to hear your thoughts if that is ok?

 

Thanks again :)

 

hi geminie normally we are not supposed to give advise through personal message (apparently rule of the consumer action group not mine lol)

 

Bnakruptcy is a personal matter anyway so you will have to go through individually.

the difficulty rely much more on the stigma attached to BR and the feeling of failure .,.

 

then u will have also t not to rely on credit for anything and learn to budget everything right down to the penny..

 

However to my partner and I it had given a new life and a new start and of course no more argument about finance....

Bith if us have f difficulties regarding making payment etc.,, we have a barclays bank account which do not offer a debit card and i can tell you he can be a pain sometiems as we cannot buy through internet, to do food shopping we have to withdraw the money first and if it goes over well you have to put some back etc... .

 

the co-op turned us down as we owed them money apparently they only accept undischarged Br if they are not your creditor .

regarding you rpartner if he goes Br , then his wife will become liable solely off all the joint debt and the creditor will go after her . i can tell you running away from your debt is usually not a very good idea as if they have a CCJ well they can enforce it when they want too.

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as long your partner is upfront with them he will have no problem whatsoever make sure your partner keep to the agreement ( and make sure in writing sent recorded delivery) as i know sometime the council can get a bit too heavy by our own experience

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he plans on calling them within the next week (we would have had a letter by then i guess) they will then know i have gone BR which he will also tell them and i think he plans on offering a sum or setting up some sort of payment proposal we are hoping this will be ok and will not get sent to the bailiffs just yet. 400 odd quid is nothing and he is hoping to raise it somehow the debt will increase by a further 88 1st feb. Really the full amount for the the year left to pay is only just over 600. So as long as they understand him and agree to a lump and reduced payments hopefully all will be ok. fingers crossed!

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ok after searching net and also martin lewis moneysaving expert forums. I seem to have established the best bet for a bank account when i go Br is the Co op cash minder, however my nearest branch is Plymouth about 50miles from me!!! I note you can use the post office to pay into the account... does anyone know if this means cheques as well.

 

I owe nothing to co op whereas barclays i do. Just want as little stress as possible.

 

Does anyone know anything about Halifax? I know someone who opened a basic account with them after going BR.

 

Look forward to hearing further thoughts :)

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Cheques have to be posted to the Co-op's office in Manchester (or is it Liverpool?). Take five working days to clear plus the the time in the post.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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thanks i looked on the post office site and it states all the banks that you can use the post office for. The co op one states cheques can be paid in at the post office if you have a basic cash minder account. Aslong as you have the deposit envelope. And will take up to 5 working days to clear.

 

Who gets cheques that often these days.

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Ok so the big day for me is tomorrow, i feel a bit sick and have so many things/questions etc going around my head.

 

Ok does anyone have an idea of the sort of thing the OR will ask when they call me?

 

I have a list of things to ask them:

 

What bank acc would they suggest?

 

What happens with nil tax and how will they recieve tax, how long for?

 

and so on.

 

I also have made a few notes of thing they may ask me.

 

E.g why did i take a loan out? Why did i have a further catalogue and so on.

 

I know all cases are individual but any advice would be great.

 

Also is it possible for the OR to call you at the court, do they have a small office for this? I am concerned as i am busing it (the court knows) that something may happen and i wont get back in time E.G the bus breaks down. The OR will be calling my mobile (i have no landline).

 

:D

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if myself and partner are not married, does he have to prove his income? I am getting confused perhaps too much info etc everywhere? I thought if i was not married the Or has no interest in my partners finances, however if they go for an IPA which i dont think they will i have read on the insolvency site that they will require proof of my partners expenses etc???? HELP

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They will ask about all your debts. Include them in the list even though they might not be relevant (eg. secured debts such as mortgages, and things like student loans).

 

Then they will ask about your income.

 

Then they will ask about your assets. This includes property, vehicles, bank accounts, shares etc etc.

 

This form http://www.hmcourts-service.gov.uk/courtfinder/forms/ex140_0403.pdf is for somewhat different circumstances but will serve to give you a good idea of what they will ask.

You will need to have all documentation to hand - things like payslips, bank account statements, proofs of all your debts etc etc. There can be a lot of work in getting all this together.

 

Always tell the OR about any income, assets or debts even if you think they might not be relevant. Let the OR decide.

 

Don't bother mentioning about disputes on bank or c/c accounts and things like that. If it's all going to be taken over by the OR who cares how much it is.

 

Any court cases you might have in progress will also be taken over by the OR.

 

I did once go to a seminar where the guest speaker was the OR. Over lunch I hi-jacked and asked him many questions. He was a very approachable chap and very understanding, although sharp as a knife. One point I put to him is that the DCAs keep adding vast charges in order to increase the total debt on the basis that any payouts by the OR are on a pro rata basis, and they will thereby get a larger share of any pot. Naturally all the DCAs do this which completely negates the effect. He laughed and said he was very well aware of what happens in these circumstances.

 

Another interesting point he made is that the Official Receiver is a statutory position and this means he can't be leant on by polititians or others of that ilk. Nor can he be directed what to do by the courts.

 

I have to confess I would sooner he was on my side than the opposition's. Which is why I always say to be open, up-front and co-operative when dealing with the OR.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Yes you can take cheques to the Post Office but all they do is put them in an envelope send them off to Manchester/Liverpool to be processed. Saves you a stamp I suppose.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Ok so the big day for me is tomorrow, i feel a bit sick and have so many things/questions etc going around my head.

 

Ok does anyone have an idea of the sort of thing the OR will ask when they call me?

 

I have a list of things to ask them:

 

What bank acc would they suggest?

 

They won't suggest a bank account - it is up to you where you bank.

 

What happens with nil tax and how will they recieve tax, how long for?

 

and so on.

 

I also have made a few notes of thing they may ask me.

 

E.g why did i take a loan out? Why did i have a further catalogue and so on.

 

Whatever the reason was?

 

I know all cases are individual but any advice would be great.

 

Also is it possible for the OR to call you at the court, do they have a small office for this? I am concerned as i am busing it (the court knows) that something may happen and i wont get back in time E.G the bus breaks down. The OR will be calling my mobile (i have no landline).

 

:D

 

They will usually give you a time they are calling and it is unlikely to be straight after the hearing. If you think it is an inconvienient time before you are home then say so - they will adjust to reasonable circumstances.

 

Above all don't panic - just be honest about your situation and they will guide you through the process - they do this every day!

Consumer Health Forums - where you can discuss any health or relationship matters.

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I think it depends on how the bankruptcy is approached. The person being made bankrupt can make an application to set aside the petition and would then most definitely see the judge. If the bankruptcy petition is undefended (ie no application to set aside) then there is no reason for a judge to see them. Submitting an application to set aside would not in itself prevent the bankruptcy and would involve additional costs.

 

However, if the defendant can show the judge that they have made efforts to pay the debt and are willing to continue to try to pay it off, the application may succeed, with the judge giving an order as to how to proceed.

 

In many cases, however, the bankruptcy can be a life-saver for the defendant even though it generates other problems. It all depends on the individual circumstances.

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