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    • 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
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AAAAARRRRGHHHH!!!! I Hate CRAPBOT!!!


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I'm so mad after reading so much info on here regarding Cabot financial, who now own one of my Marbles credit card debts, I have never CCA'd them, yet I pad them around 3k two months ago, and now owe them a further £300 this month to close down the account...... I wish I had found this site back then, I don't know what to do now, as I am under the impression Marbles don't hold an enforceable CCA..... what should I do, pay the £300 this motnh or CCA them? If I was to CCA them could the withdraw the offer of and revert back to my full outstanding balance, especially if they DO hold an enforceable CCA..? Please help someone...?:shock:

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You can be 99.99% sure they will not be able to come up with a properly executed CCA for a Marbles card. As you have already paid them £3000 they have probably made a profit of £ 2970 so will hardly bother challenging you for the rest if you CCA them

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Am going mad thinking about how much I could have possibly saved.... even with the 3K I paid them already, they basically bullied me into doing so.... any advice would be great and no doubt help me calm down...

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My sympathies :(.

 

You must weigh up the pros/cons of the situation. £300 to clear the debt and I presume have it shown as "satisfied" on the CRA`s or go through the hassle (and it is a hassle no matter what anyone may say) of letters back and forth, the fees involved, postage your time and the thought that they may have an enforceable agreement and screw you for more. Is that worth it if you have £300?

 

Iv got six on the go and it can be very time consuming as writing the correct letter so as not to "leg" yourself up is not easy. Cabot are s*ite, but if you have cleared the bulk and only have that left it may be easier to pay and put it down to experience. My opinion only.

 

Good luck though what ever you decide.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.:)

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Whilst I can see spatathisis' point of view, it will only cost you a quid plus the price of recorded delivery to CCA CRAPQUEST to see if they have a properly executed CCA

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My sympathies :(.

 

You must weigh up the pros/cons of the situation. £300 to clear the debt and I presume have it shown as "satisfied" on the CRA`s or go through the hassle (and it is a hassle no matter what anyone may say) of letters back and forth, the fees involved, postage your time and the thought that they may have an enforceable agreement and screw you for more. Is that worth it if you have £300?

 

Iv got six on the go and it can be very time consuming as writing the correct letter so as not to "leg" yourself up is not easy. Cabot are s*ite, but if you have cleared the bulk and only have that left it may be easier to pay and put it down to experience. My opinion only.

 

Good luck though what ever you decide.

 

I suppose u have a point, ur certainly making me feel better, I have paid the bulk of the money, 300 is nothing compared to what I have paid already..... not sure if that would place a satisfied on my Credit File, though I will now make sure it does, and also try to have default removed!

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Thanks for ur response Thailand, I do intend to do this, and have also recently learned that I could potentailly have the debt deemd settled on my credit file as opposed to partially settled, any advice on how I would go about doing this? And if I was to claim back charges, considering that I am being offered a discount on the outstanding balance, would they not use any charges paid back to me and put these towards the alance of the account?

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The charges were imposed by the OC, and if not time-barred they will have to pay AFAIK. The DCA only paid around 10% for your debt and the OC wrote the rest off against tax - that's why them collecting the full amount (DCA) is fishy to me. Maybe the OC on paying your claim would have to pay the tax again...don't know! Settlement was with DCA....shouldn't affect OC, but would be happy to be corrected.

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Oh, I see, sorry am bein dumb! Yes there certainly were charges etc added onto the account, while it was with the OC, I believe the credit limit on the card was around £5,000, and by the time it got to the DCA, it was around £5,600!! These are just figures off the top of my head, I maintained token payments with the DCA for a number of months and when I was out of job again I could no lopnger afford to pay them, the DCA then took the opportunity to add yet more charges onto my account, they informed me of this and said that they could do so, as they wn the debt outright and are not acting on behalf of the OC!

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Thanks for the post Thailand, I may be acting dumb again, but I want all the data held by the OC or DCA, to include, default notices and notice of assignment etc.... would the SAR link u have sent me cover this? Or is there a seperate template for this? Also, if I have more then one account with a bank, can I use one SAR request letter and one payment of £10, or do I have to send seperate payments and requests for seperate accounts?

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Thanks Thailand.... I have done this twice before as I was none the wiser..... I think they must have had a field day when I paid up, though it isn't and has never been a full balance that I have cleared, it was still a substantialy high figure, sometimes around 70% of the balance..... when I learned on here that people have settled for less then 25% of the balance and the DCA still make a profitas they buy the debt for a very very small amount I was absolutley livid!!

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lol.... I was also under the impression that an SAR would include all data till I read that line.... I think I should ammend before sending.... thanks.... and will keep u updated with what happens.....maybe I'll start a thread on claiming back after settling with creditors..... I'm sure other people have been in the same predicament I have, and maybe I can help some to go down the same route as I am about to embark on!

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