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    • 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 – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22 May 2024   Particulars of Claim   What is the claim for – the reason they have issued the claim? The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. Debt was assigned to the claimant with notice given to the def. 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  
    • Their FAQs state - Cancellations and modifications If your booking has been cancelled, Booking.com refunds you immediately. The processing time may take 7 to 10 days and depends on your bank. If you have questions, contact your bank directly. I'm a regular Booking.com and AirBnB user.  The former have never cancelled.  The latter have and my money was refunded immediately (not that that helps you as we're not talking about AirBnB!) Best to check with your bank and see (a) if you did pay in advance and (b) if it has been refunded. Also, have you received a message from Booking.com officially stating the cancellation?
    • I'm not up to date with the Legal Aid rules but I'm not sure that many people qualify. HB
    • You question timescales a bit in thread - From my experience, defaulting everything and ignoring all non PAP letters, while making no payments: - 18 months to LOC - further 18 months to be at court Most are still silent 3 years in though!. If making token payments, court, if ever would be 4-5-6 years from now - Hope that helps. My debt is similar, I started it 2021 and wouldn't believe I'm already over half way through default period. You need to make the decisions but follow advice already given in this thread, and you will be fine. Best time to plant a tree was yesterday, second best time is today. Good luck BT  
    • ah ok honeybee, no harm intended - I'll do that, I wonder whether there's any benefit to be had by applying for legal Aid as opposed to NWNF, it's about 6 months since this incident took place, so time to get the ball rolling
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Halifax Credit Card/Cabot DCA


tezzaa
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Yep good advice from PGH...in the first instance send off for the agreement. How old is the debt if I may ask ? and are there some excessive charges that could potentially be reclaimed ?

 

The CCA request letter is here (LETTER 'N') - You need to send this by recorded delivery and enclose a £1 postal order

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

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Yep good advice from PGH...in the first instance send off for the agreement. How old is the debt if I may ask ? and are there some excessive charges that could potentially be reclaimed ?

 

The CCA request letter is here (LETTER 'N') - You need to send this by recorded delivery and enclose a £1 postal order

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

I'll have to check how old the debt is, in the meantime I also have had an Egg CC debt taken over by Moorcroft DCA but I never received a letter of assignment. What should I do? They are already sending me letters threatening Litigation!!

 

Regards

 

tezzaa

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I would start a separate thread for each different account as it will make it easier for you to track replies and advice.

 

In both cases you should use the normal filtration system. First question - is the alleged debt yours? Do you recognise the original creditor and account number as relating to your account? If not, send a "prove it" letter.

 

If it is your alleged debt, has there been any period of six years or more during which time you have neither made a payment nor acknowledged the alleged debt in writing? If so, the alleged debt is statute barred and you should send letter 'M' from the templates.

 

Assuming the alleged debt passes through these filters, send letter 'N' to request a true copy of the agreement.

 

With Egg, the chances are that an enforceable agreement will exist, but it is not certain. If it does exist, then you can send a SAR to try to determine the amount of any unlawful charges.

 

SH

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I would start a separate thread for each different account as it will make it easier for you to track replies and advice.

 

In both cases you should use the normal filtration system. First question - is the alleged debt yours? Do you recognise the original creditor and account number as relating to your account? If not, send a "prove it" letter.

 

If it is your alleged debt, has there been any period of six years or more during which time you have neither made a payment nor acknowledged the alleged debt in writing? If so, the alleged debt is statute barred and you should send letter 'M' from the templates.

 

Assuming the alleged debt passes through these filters, send letter 'N' to request a true copy of the agreement.

 

With Egg, the chances are that an enforceable agreement will exist, but it is not certain. If it does exist, then you can send a Subject Access Request to try to determine the amount of any unlawful charges.

 

SH

 

Thank you SH that has been a great help.

 

Can you point me in the direction of more info on "unlawful charges" ?

 

tezzaa

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I've sent off the CCA request letter, but I read on another thread not to sign it, just print my name. Unfortunately I signed it, is that going to be a problem.

 

Also should I have sent it recorded?

 

Many Thanks

 

tezzaa

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Unfortunately I signed it, is that going to be a problem.

 

It may be, who knows? We are seeing more incidents now of manufactured and reconstructed agreements which are nothing more than fraud. In many cases supplying a fresh signature is unlikely to prejudice your interest, as the enemy will already have a signature from the time you took out the account, on an unenforceable application form.

 

Also should I have sent it recorded?

 

Yes. You really need to send it again. Usual Crapbot policy is to return the £1, for reason known only to themselves, say they don't have to comply with the law (which is wrong, of course), and say they are putting your account on hold.

 

They have been known, however, to credit the £1 to any alleged account in order to try to reset the limitation clock. They would probably have a hard job explaining why you made one solitary token payment of £1, at the same time as you sent a letter stating that you acknowledge no debt, and at the same time you sent a CCA request letter stating you had enclosed a £1, and failed to enclose it.

 

SH

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