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    • dx100uk
      JCI/? Claimform - old OVO dual fuel debt

      By dx100uk · Posted

      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] ..............  
    • honeybee13
      Booking.com host cancelled our accommodation - how to get a refund

      By honeybee13 · Posted

      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
    • FTMDave
      Booking.com host cancelled our accommodation - how to get a refund

      By FTMDave · Posted

      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.
    • honeybee13
      Booking.com host cancelled our accommodation - how to get a refund

      By honeybee13 · Posted

      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  
    • Cagney18
      JCI/? Claimform - old OVO dual fuel debt

      By Cagney18 · Posted

      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

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Credit Record Advice

Paddywack41

By Paddywack41
in Credit Reference Agencies

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Paddywack41

Paddywack41

Posted
Posted

In the past I was extremely silly and got myself into a lot of debt. Since then however I have paid of a number of debts but there are some which realistically I wont be able to pay off (unless the lotto comes in).

 

As the situations stands at present (according to my experian records) I have the following:

 

A credit rating of Fair

1 x CCJ

4 x Outstanding Defaulted Debts totalling £22k approx which are being paid at a small amount each month.

8 x Satified Entries made up of satisfied defaults and normal paid off credt

3 x Current Debt which is being paid regularly with no issues.

 

I would like to improve my credit record to allow me to get affordable credit in the future and the issues are these, The CCJ and the outstanding defaulted debts are all defaulted from approx 09/2003.

 

It is possible that i may be able to borrow from a friend approx 6-8k which I could offer as full and final payment for the default debts BUT if these debts and the CCJ move of the credit record in September 09 which i believe (perhaps mistakingly) they do even if the balance is not paid. Would it be better to keep paying the minimal amount I am paying to the creditors at the moment and if so would the removal of the defaults and CCJ by age on the experian records help increase my credit rating?

 

I look forward to your advice.

 

Regards

 

John

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bobbyh99

bobbyh99

Posted
Posted
In the past I was extremely silly and got myself into a lot of debt. Since then however I have paid of a number of debts but there are some which realistically I wont be able to pay off (unless the lotto comes in).

 

As the situations stands at present (according to my experian records) I have the following:

 

A credit rating of Fair

1 x CCJ

4 x Outstanding Defaulted Debts totalling £22k approx which are being paid at a small amount each month.

8 x Satified Entries made up of satisfied defaults and normal paid off credt

3 x Current Debt which is being paid regularly with no issues.

 

I would like to improve my credit record to allow me to get affordable credit in the future and the issues are these, The CCJ and the outstanding defaulted debts are all defaulted from approx 09/2003.

 

It is possible that i may be able to borrow from a friend approx 6-8k which I could offer as full and final payment for the default debts BUT if these debts and the CCJ move of the credit record in September 09 which i believe (perhaps mistakingly) they do even if the balance is not paid. Would it be better to keep paying the minimal amount I am paying to the creditors at the moment and if so would the removal of the defaults and CCJ by age on the experian records help increase my credit rating?

 

I look forward to your advice.

 

Regards

 

John

 

Defaults will drop off you credit file, 6 years from default date, whether the debt has been paid or not! Not sure about CCJ's but would presume the same. Someone will be along to confirm this or not!

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sam614

sam614

Posted
Posted
Defaults will drop off you credit file, 6 years from default date, whether the debt has been paid or not! Not sure about CCJ's but would presume the same. Someone will be along to confirm this or not!

 

defaults will fall off.if unpayed and become statute barred if any dca **** show up.

ccj would be removed also, but a ccj is never statute barred,dca could enforce it but they would have to have good reason why it had taken so long to bring it back to court

 

 

SAM:pLOWELL DETESTER

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sam614

sam614

Posted
Posted
Can someone explain what statute barred is please? I think I have a good idea what it means, but wouldn't mind someone explaining:confused:

 

 

if no payment has been made by you, or you have not acknowledged the debt in writing.

no legal action can be taken against you.

 

6 years england, 5 in scotland

 

 

SAM:pLOWELL DETESTER

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sam614

sam614

Posted
Posted
Is this no payment with the DCA or OC or both. I have made an arrangment with a DCA only last week for a debt that is ancient. Well over 5 years, can I get out of this? They were threatening me with court action, so I felt I had to agree to pay.

 

 

who is dca?

was it a verbal promise to pay and have you made a payment to them.

 

it is last date of payment either to OC OR DCA

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sam614

sam614

Posted
Posted
The DCA is Fredrikson International and I had to call them to set up a DD. The first payment is due to come off next week, but to enable a DD to be set up I had to pay them £2

 

so they have already conned £2 out of you:???:

how did you pay this?

 

I think that a payment has to be made in the statute barred period to re start the clock.

once it is barred, its barred and no payments can change that.

am not 100% sure of this,with you saying over 5 yrs (presume you are in scotland) not sure of scots law.

rory32 would be the best one to ask on this.

or alert your post to mod.

:)

 

 

SAM:pLOWELL DETESTER

 

 

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rory32

rory32

Posted
Posted

It's a bit of a grey area and it's probably best to look at what the Prescription and Limitations Act actually states.

 

Negative Prescription

 

6 Extinction of obligations by prescriptive periods of five years

 

 

(1)If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of five years—

(a)without any relevant claim having been made in relation to the obligation, and

(b)without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:

 

 

10†Relevant acknowledgment for purposes of sections 6 and 7

(1)The subsistence of an obligation shall be regarded for the purposes of sections 6 [F17 and 8A] of this Act as having been relevantly acknowledged if, and only if, either of the following conditions is satisfied, namely—

(a)that there has been such performance by or on behalf of the debtor towards implement of the obligation as clearly indicates that the obligation still subsists;

(b)that there has been made by or on behalf of the debtor to the creditor or his agent an unequivocal written admission clearly acknowledging that the obligation still subsists.

The grey area arises because you have acknowledged the obligation thus indicating that the obligation still subsists.

 

I would take the view that the obligation has been extinguished, however it could be argued that the obligation still subsists because it has been acknowledged.

 

I think your first approach would be to send the DCA a statute barred letter and see what their response is.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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rory32

rory32

Posted
Posted

Yes I would cancel the DD.

 

You can send them the following via recorded delivery. You'll need to possibly amend it slightly as you did make a payment.

Dear Sir/Madam

 

Acc/Ref No xxxx

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

I look forward to your reply.

 

Yours faithfully

 

Print name do not sign

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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kizzi.i

kizzi.i

Posted
Posted

Hi guys, can I just get some advice please??? I banke with RBS when I was 15 and had a safety deposit box in there, being the young teen I was, I emptied my account, and didn't think I had to lave funds in there for the box monthly charge. Anyhow, I went abroad for 8 months, whlist RBS continously allowed me to go overdrawn. I assume I had no overdraft facility. I came back to find the acc closed, and a letter from a solicitor. I complained with RBS and they told me even if I pif to the sols, I would never be able to bank with them. Fair-Enough. That was when I as 19. I then applied for a bank account when I was 21 a current account at halifax. I as rejected for his with no reason as to why. I also asked my child savings acc to be upgraded to a current account with Lloyds recently and was told I am also rejected for this due to some 'anomilies' on my credit file. I have never taken credit out! I don't even have a current acount o another account. Now it seems I can't even get a basc acc with Lloyds. I cannot understand why. I have sent off for my credit file. But can I really be refused a basic account if one bank 'blacklisted' me??? As I'm worried by this greatly...

 

HELLLLLLLLP PLEASE!!!

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sam614

sam614

Posted
Posted

HI.KIZZI.I

 

looks like RBS have registered a default,I would wait for your credit file.

there is still quite a few banks where you can still get basic account(parachute)

without overdraft or cheque book.most do DD and SO.

the only one a know with debit card (solo) is natwest STEP ACCOUNT.

hope this helps.

 

sam614

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kizzi.i

kizzi.i

Posted
Posted

Thanks sam614!!! That helps a lot!!! Seeing as at the moment I can only receive money into my savings account which has no cash card or debit card and I can only withdraw money during banking hours! I forgot to mention the debt has been sold to CapQuest who are being very unhelpful! I'm gonna go to Natwest tmrw to apply for the basic account and I should be receiving m credit report any time soon. Is it true that as there are 3 different credit reference agencies, each would give a different report??? :confused:

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