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    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? LOWELL PORTFOLIO I LTD   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 25 AUG 2020   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) -   ^^^^^ 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   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. 1) The defendant entered into an agreement with Vodafone under account reference xxxxxxxxx ("the Agreement"). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 31/07/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £595.63 remains due and outstanding. And the Claimant claims a) The said sum of £595.63 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.131, but limited to one year, being £47.65 c) Costs   What is the total value of the claim? £773.28   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a "Notice of Claim Issue" letter after the "Claim Form".    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? 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? Yes, mobile phone account.   When did you enter into the original agreement before or after April 2007 ? After April 2007.   Do you recall how you entered into the agreement...On line /In branch/By post ? Online or phone.   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I don't think so, I don't have a CCJ, but I will check.   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. Account assigned to Debt purchaser.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I don't remember the notice of assignment, I will have to search through all my scans.   Did you receive a Default Notice from the original creditor? I think so.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I think so, I scanned all the letters, I think different companies have sent me letters, I will check.   Why did you cease payments? Never used the contract, plus financial trouble.   What was the date of your last payment? No monthly payment made just a upfront fee I think.   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.     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
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Hi all,

 

Hopefully somebody can give me some advice....I received an order for recovery from Tower Hamlets Council for a PCN that I didn't receive. I sent a statutory declaration to this effect. The next I heard was a bailiff's letter. I then rung Northampton County Court and they said they had sent me a letter explaining that my declaration was out of time - I never received this. I then sent an OOT Statutory declaration PE2 and PE3 form on their advice. A couple of weeks later a Bailiff knocked on my door and said I now owed £700!! I immediately sent another OOT statutory declaration that today has come back refused. It mentions that I can file a n244 form, but wanted to know whether the above will stand up in court? I don't want to find myself even further out of pocket if I lose the appeal. PLEASE help on what you think I should do next.

 

Thanks in advance for your help.

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When making an Out of Time you have to provide a reason why you are completing a Statutory Declaration LATE . This is normally because it was not until such time as you received a bailiff that you were made aware that you had a PCN and that from enquiries made, documents had been sent to an old address etc.

 

There are 4 reasons that you can give and without knowing what you put on the form it is very difficult to advise.

 

Can you be more specific?

 

Do you still have a car and if so, what is it worth and is it on finance?

 

Did you pay a bailiff ?

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Thanks for your reply.

 

I haven't paid the Bailiff, I still have a car and it's worth about £2.5k.

 

The original statutory declaration that I sent was apparently just outside the time limit. Nothampton received this, and sent a notification back asking me to fill in an OOT. I never received this letter. The next I heard I had a letter from the bailiffs. Pannicking, I rung the county court and was advised of the above and that I would need to fill another pe2 and pe3 form in. I sent this off, but got an actual visit from the bailiff claiming the court hadn't received it. I obviously double checked and they hadn't! I immediately sent another (this time recorded delivery) but it was refused. The correspondence had an email attached that Tower Hamlets had sent, stating they wouldn't accept. Now I don't know what else to do apart from this n244.

 

Hope this is more specific, but please let me know if you need any more details.

 

Thanks

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When making an Out of Time you have to provide a reason why you are completing a Statutory Declaration LATE . This is normally because it was not until such time as you received a bailiff that you were made aware that you had a PCN and that from enquiries made, documents had been sent to an old address etc.

 

There are 4 reasons that you can give and without knowing what you put on the form it is very difficult to advise.

 

Can you be more specific?

 

Do you still have a car and if so, what is it worth and is it on finance?

 

Did you pay a bailiff ?

 

On what grounds did you file the Out of Time Application and what reason did you give for it being late?

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I filed the OOT because my first stat dec was apparently just past the 28 or 30 days for appeal. They said they wrote to me informing me of this, but I never received the letter, hence the visit from the bailiffs.

 

My stated reason was that I had no idea that the very first one I sent was actually past the deadline, as I didn't receive their notice.

 

Thanks

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