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    • yes, sorry meant witness statement   will post up soon
    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    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) - AOS  XX + 19 = 08 Dec file defence date  - 08 Dec + 14 days = 20 Dec 19      Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   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? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   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. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   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? I was made redundant so had to leave UAE to return to UK.   Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum.   I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford.   In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment.   So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment?Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
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when i got home tonight i found 1 of these cards posted through the door. i telephoned the person who had posted it and he confirmed it was for none payment of council tax,as it was too late to phone the council to find out how much is owing,about 6 weeks ago i recived a letter from the council threatening me with the bailiffs which i thought was then paid up, tonight i have found out it was only paid up till the end of october, i now understand the arrears to be in the region of £600. for various reasons at this moment i only have £100 in my bank, i need this for fuel to get to work, the next time i would be able tl pay something is on the 30th dec, although i wouldnt be able to pay it all at that time i could probably afford to pay it over 3 months, could anyone give me advise on which routeto take and which letters to send and who too

thanks

saint-luco


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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have the bailiff been in your house????if no then just pay the council direct pay what you can afford don't let them in...

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so no letters to anyone, just pay direct to the council when i can afford it and how much i can afford


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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By doing that you're showing a willingness to pay. No court will send you to prison for trying to pay up, and like I say to people, find out if you can pay via their website, as that way you can get a printable receipt which you probably can't get over the phone.

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telephoned the council this morning and spoke to a very nice lady who explained that i had to deal with the bailiffs not the council but after a while agreed to mark my account with the payment scheme i had suggested. the total owed is £515, she was actually quite sympathetic as we have allways paid on time, she wished me luck and said "whatever you do dont let them in".

so ithen fired off an email to the council and the bailiffs, printed them and sent them recorded delivery. this is the copy of the letter/mail

 

Dear Sir/Madam,

Re: Your Reference

 

I understand ***** Council has appointed you to recover my Council Tax Liability arrears for 2009 of £515.00.

 

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied.

 

Due to my circumstances I am unable to pay this in one payment. Today I contacted the council and informed them that I will be making direct payments to the council of £100 on 30/12/09, £100 on 27/01/10, £160 on 01/02/10 and the remaining £155 on 01/03/10 or nearest working day after these dates

 

It should be noted that I am not at any point refusing to pay this debt..

 

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to receiving this within 14 days.

 

I am sending the council a copy of this letter and requesting that it be filed with my account for further reference.

 

I hope the above meets your approval and I look forward to your timely reply by letter.

Please ensure all future correspondence is to be by mail only.

 

Yours faithfully,

Edited by saint-luco
remove name

I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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have recieved a letter stating.

as you are refusing to allow a levy the full balance is payable by return post. we are unable to enter any repayment plan. if you choose to pay the council directely it will reduce your debt but it will not stop bailiff enforcement action which will continue without further warning.

 

any ideas anyone


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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have recieved a letter stating.

as you are refusing to allow a levy the full balance is payable by return post. we are unable to enter any repayment plan. if you choose to pay the council directely it will reduce your debt but it will not stop bailiff enforcement action which will continue without further warning.

 

any ideas anyone

 

Watching this with interest as I have sent same kind of letter to our Bailiff and I imagine the response will be the same.

 

I intend to keep mithering the council to take the debt back and keep making payments. I have forwarded proof to Bailiff that council have accepted payment via online service.

 

Interesting to note that they intend to continue enforcement action when they are fully aware that you dont intend to allow a levy. Without a levy they can do naff all other than harrass you which I believe is illegal ?

 

I will be keeping doors and windows shut, wont be answering door to anyone and will be keeping my digital camera and phone at the ready. The minute they turn up at 7.30am, block the drive and start threatening me then I will record the lot, ring the police if necessary and then arrive at council offices the minute they open and provide the proof of bailiffs actions. Please note I am not saying this to scare you but to prepare you ;)

 

That letter has been sent in order to frighten you into paying them, they may never come again.

 

Good luck with it.

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have recieved a letter stating.

as you are refusing to allow a levy the full balance is payable by return post. we are unable to enter any repayment plan. if you choose to pay the council directely it will reduce your debt but it will not stop bailiff enforcement action which will continue without further warning.

 

any ideas anyone

 

There is nothing anywhere that says you have to deal with a Bailiff. As long as you stick with the plan you have given the Council all will be well - a note of caution though, due to delays in the banking system you should pay a few days earlier so that they receive their money on the due date.

 

As for the bailiff just totally ignore him and any demands they may make. You will already have incurred charges from them but as long as they do not obtain a levy on any goods the most they can charge you are the 2 statutory visit fees which total £42-50 - you will have to pay these. I can see they are going to tell you that they will enter by force, get a locksmith in your absence, have you arrested etc - all hot air and if you can try and record them doing this.

 

Eventually they will move on but in the meantime man the barricades.

 

PT


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have they actually told you what is now the council tax balance (after you made the last payment) and how much they think they are entitled to enforce? I think this is a "how dare you not pay my extortionate fee's" letter, ignore them and carry on making regular payments direct to the Council, keep doors and windows locked and if they turn up refuse to speak with them.

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the balance is £550 and their charges are £24.00 so far. i think there may be a problem as they have spealt my partners name wrong so am trying to contact council to see if that will make them take debt back, anyone know if this will affect the liability order?


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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the balance is £550 and their charges are £24.00 so far. i think there may be a problem as they have spealt my partners name wrong so am trying to contact council to see if that will make them take debt back, anyone know if this will affect the liability order?

 

On the basis of probabilities a slight spelling mistake will make no difference as it is assumed they have the right person eg

Partners name Mr Wright

On forms it comes as Mr Right or Mr Write, usually taken to be OK but if it comes as: Mr Smith then that is totally different.

 

PT


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be very very careful where you park your car if the bailiff cant get in to your home to levy they will levy your car so keep it well away from the house is the car on finance

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i got a bank loan for my car, i do need this for work as there is no public transport to where i work also i start at 05.00 so need it, also since i had a heart attack 2 years ago i struggle to walk any distance, so a walk to the station is out of the question


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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Are you registered as disabled and do you claim any allowances eg disability living allowance. Are you waiting to have surgery to sort out your heart condition...if so you may be classed as a "vunerable person"

wd


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no not registered and no allowances, the reason i cant walk far is a thrombosis in the leg i am waiting for surgery to deal with that, whilst i have a heart disease, the drugs control that. but i cant get to work without the car and as i struggle to walk far i cant hide it very far away


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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no not registered and no allowances, the reason i cant walk far is a thrombosis in the leg i am waiting for surgery to deal with that, whilst i have a heart disease, the drugs control that. but i cant get to work without the car and as i struggle to walk far i cant hide it very far away

 

I am sorry to hear of your illness

 

HOWEVER...it would apear that your circumsrtances are classed as "vulnerable" according to the National Standards for Enforcement Agents and accordingly consideration shoulf therefore be given for the bailiff company to return the debt back to the local authority.

 

You need to ensure that a letter is send by e-mail to the company TODAY.

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I am sorry to hear of your illness

 

HOWEVER...it would apear that your circumsrtances are classed as "vulnerable" according to the National Standards for Enforcement Agents and accordingly consideration shoulf therefore be given for the bailiff company to return the debt back to the local authority.

 

You need to ensure that a letter is send by e-mail to the company TODAY.

 

have you a link please


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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no not registered and no allowances, the reason i cant walk far is a thrombosis in the leg i am waiting for surgery to deal with that, whilst i have a heart disease, the drugs control that. but i cant get to work without the car and as i struggle to walk far i cant hide it very far away

did you know you can claim for disability allowance if you have got a heart condition and still keep working my uncle had a heart attack a few years ago and he has claimed it and is still working thought this might be of some help to you....

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Hi Saint, I would certainly expect both your heart condition and thrombosis would be classed as serious. The following is from the national Guidelines for Bailiffs [i don't have a linky thing but google if you so desire]:

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

You could write to your local council informing them of this and request that the debt is taken back. They should be aware of the guidelines and do so. [Amusingly, the Bailiff should recognise you as vulnerable and notify the court/council accordingly. I wonder if any actually do?]Alternatively, the Ministry for Justice recommends that you apply to the appropriate Magistrates Court for a re-hearing.

 

Don't be put off by the word 'Guidelines'. These are the standards Bailiffs should work to and any council seeking best practice would recognise this.

 

Rae

Edited by RaeUK
typoo

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have spoken to the senior recovery assistant at the council, he has agreed to call off the bailiffs for 20 days to allow me to get evidence of my illness to him and whyte & co. also i will try to arrange a loan with my employer to pay the bill in full. thanks everyone for their help


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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have spoken to the senior recovery assistant at the council, he has agreed to call off the bailiffs for 20 days to allow me to get evidence of my illness to him and whyte & co. also i will try to arrange a loan with my employer to pay the bill in full. thanks everyone for their help

 

Good luck and fingers crossed for you.

 

PT


Please consider making a small donation to help keep this site running

 

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So pleased to hear that, Saint. I hope all goes well for you and do keep us posted. :)

 

Rae

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last update for you, have seen the doctor and am getting a letter to give to the council, went to see my boss, the tax will be paid tomorrow morning also when i saw the doctoor she said this has gone on long enough and has got me an appiontment with a vascular surgeon before christmas, so hopefully an operation soon after. once again thank you all for the brilliant advice and support given

 

luco


I won £5289 heres how

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/40703-saint-luco-natwest.html

 

 

ITS NOT WHETHER YOU WON OR LOST, BUT HOW YOU PLAY THE GAME THAT MATTERS. ( OBVIOUSLY A LOSER THEN):D :D :D

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Good news saint - ha! Who'd have thought a brush with your friendly neighbourhood bailiff would help you get a quicker appointment for surgery? Now that's what I call a result.

Good luck

Rae

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