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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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County Court Claim - Hillesden Securities


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Hi, Please could some one help,

 

I have received a county court claim from Hillesden Securities for £16000,

 

It was for a loan from Lloyds which I couldnt pay due to difficulties I havent been paying since 2007.

 

It states on 15/07/2011, all legal and beneficial interest for monies was assigned to Hillesden Securities Ltd,

 

I couldnt find any old statements and im not sure if its statue barred, is there any way i cant find out?

 

Please could someone advise me on how to defend this,

 

i have 10 more days to acknowledge.

 

thanks

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If the last payment you made was in 2007, then it will not be statute barred.

 

Statute barred timing is 6 years from the first payment missed (or last payment made + 1 month)

 

If a claim has now been issued you need to decide whether you are going to defend and on what grounds or admit and make some attempt to come to a payment arrangement.

 

You have a strict time line to adhere to.

 

Issue date (top right of claim form) + 5 days for service + 14 days to acknowledge the claim + 14 to submit defence = 33 days from date of issue.

 

What exactly does it say the claim is for ?

 

You will need to obtain as much information as you can. If a document is mentioned in the Particulars of claim, then you can send a CPR31.14 request to the Claimant's solicitor for that document.

 

You will need to obtain at the very least a statement of account showing how they have arrived at the amount they are claiming.

 

Did you ever receive a Default Notice, Formal Demand, Letter before Action.

 

There are some instructions to follow in the pdf below.

 

 

legal issues-compilation.pdf

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Do you know if there was any payment protection insurance on this loan. Have there been any default charges applied to the account.

 

Have you been receiving Notice of Arrears notifications.. from 2008 they should have been sent to you at least once a year.

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Uploading documents to CAG ** Instructions **

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Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Have a look at my thread, similar situation.

 

As mentioned above you need to acknowledge, and send the CPR letter to the claimant ASAP. If defended correctly, it will all hang on whether the claimant has all the correct paperwork to back up their claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?331683-Defending-CC-Claim-Hillesden-Securities-Ltd

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Hi sorry for the late reply,

here are the POC.

 

The Claimant's Claim is in respect of a credit facility, xxxxxxxxxxxx,

privided by Lloyds Tsb Bank Plc at the Defendant's request on xx/11/2003.

The agreement was subsequently defaulted.

Failure to meet requests for payment resulted in the account being terminated. On xx/06/2011,

all legal and beneficial interest for the monies was assigned to Hillesden Securities Ltd.

The Defendant was duly notified in writing of the assignment and that a balance of xxxxx was due.

The balance of xxxxx remains owing from the defendant.

 

also to make things clearer i have a property in joint name which we live in and is mortgaged with approx £60,000 equity, will i lose my home?

please could some explain the procedure as I have no experience at all,

 

from what I have read on the forums I understand i should send the acknowledge the claim from the website,

should I tick

1. I intend to defend all of this claim? and do I fill in the form N9B defend and counterclaim?

 

what should I right in the defence section?

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Hi Bigdebtor and welcome to CAG.

 

I assume this is a claim from Northampton and as such you can respond on line using the MCOL website.Firstly as per CB,s time line above you only need to acknowledge and enter you plea for now.Have you ever received a Default Notice or Notice of Assignment with regards to this debt?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Andy thanks for your reply.

Yes this claim is from Northampton,

 

I think I might have received the default notice and the letter of assignment some time ago but I cant confirm this as i dont have it now,

 

also in resposnse to CB's question Im not sure if I had payment protection insurance on this loan I couldnt find any statements,

would I be able to find out what charges they have added and If I had any PPI on the loan by sending CPR31.14 request to the claimants solicitors?

also do I need to request SAR from the lender?

 

Thanks

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you'd be pushed to get an sar back in time if they take the full 40days

 

maNY creditors now do a ppi hotline

 

why not give them a ring and ask if you had ppi and then if you you do get fwd motion

ask if there are any penalty fees levied too?

 

they might just send you the statements PDQ.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx thanks for the info, i will try to find the hotline tomorrow and will let you know, thanks, but if I do get a hotline number and call them and give all my info will this mean I will accept the debt, just incase if it is SB. or unenforceable for any reason?

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a PPI reclaim is nothing to do with acking a debt.

 

it might just wipe it out

or

give you a very good counter claim that blows then out the water and then drop it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx thanks for your help. This morning I called the Lloyds PPI helpline but they couldnt verify anything on this account they said I need to go to a branch or call the loan department for specific details about the loan, what would you advise me to do next?

 

thanks

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I would send a section 78 request for a copy of the agreement, thats only 12 days and will show (if they have a copy) if PPI was levied to said agreement.

 

Andy

We could do with some help from you.

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Its in the library section BD letter N from memory.If they don't have it they are going to struggle.

 

Andy

We could do with some help from you.

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Thanks alot andy, is it section 78 of the CCA? Yes credit cards are sec 78 Do I need to send a cheque for £1? Postal Order better no signatures also do I send it to the original lender or Hillesden?
The Claimant on the summons Its also important to head the request " I do not acknowledge any debt with your company"

Send recorded delivery and retain proof, dont sign it with your usual signature.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Guys, Please could someone look through the cpr request below and let me know if its ok? is it ok to add the Doc number 5, Statements, to substantiate that the amount is correct? or should I leave this out? thanks

Dear Sir,

Re: Hillesden Securities LTD v XXX XXX Case No: XXXXX7

CPR 31.14 Request

On 0X/0X/2012 I received the Claim Form in this case issuedby you out of the Northampton County Court.

I confirm having returned my acknowledgement of service tothe court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14for the disclosure and the production of a verified and legible copy of each ofthe following document(s) mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in anordinary case and by reason of the provisions of CPR PD 16 para 7.3, where aclaim is based upon a written agreement, a copy of the contract or documentsconstituting the agreement should be attached to or served with the particularsof claim and the original(s) should be available at the hearing. Further, thatany general conditions incorporated in the contract should also be attached.

2 The assignment

3 The default notice

4 The termination notice

5 Statements, to substantiate that the amount iscorrect.

You should ensure compliance with your CPR 31 duties andensure that the document(s) I have requested are copied to and received by mewithin 7 days of receiving this letter. Your CPR 31 duties extend to making areasonable and proportionate search for the originals of the documents I haverequested, the better for you to be able to verify the document's authenticityand to provide me with a legible copy. Further, where I have requested a copyof a document, the original of which is now in the possession of anotherperson, you will have a right to possession of that document if you havementioned it in your case. You must take immediate steps to recover andpreserve it for the purpose of this case.

Where I have mentioned a document and there is in yourpossession more than one version of that same document owing to a modification,obliteration or other marking or feature, each version will be a separatedocument and you must provide a copy of each version of it to me. Yourobligations extend to making a reasonable and proportionate search for anyversion(s) to include an obligation to recover and preserve such version(s)which are now in the possession of a third party.

In accordance with CPR 31.15© I undertake to beresponsible for your reasonable copying costs incurred in complying with thisCPR 31.14 request.

If you require more time in which to comply with thisrequest you must tell me in writing. You must tell me before the time for compliancewith this request has expired. In telling me you require more time you musttell me what steps you have taken and propose to take in order to comply withthis request and also state a date by when you will comply with this request.In addition your statement must be accompanied with a statement that you agreeto an extension of the time for me to file my defence. Your extension of timemust be not less than 14 days from the date when you say you will have compliedwith my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believethat you will never be able to comply with this request you must tell me inwriting.

Please note that if you should fail to comply with thisrequest, fail to request more time or fail to agree to an extension of time forthe filing of my defence, I will make an application to the court for an orderthat the proceedings be struck out or stayed for non-compliance and a summarycosts order.

I do hope this will not be necessary and look forward tohearing from you.

Yours faithfully

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Yes, name, address and signature.. make it slightly different to how you would normally sign or sign over a grid of "X's"

 

XXXXXXXXXXX

XXXXXXXXXXX - Very light grey or pale yellow

XXXXXXXXXXX

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi guys need some advise just to clear things up,

 

Acknowledged Service on 20/03/12

Sent CPR 31.14 to Claimaint on 20/03/12, so am I right to expect reply by 29/03?

 

Do I need to send any SAR to the original Creditors or CCA section 78 request?

 

Thanks

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For the CPR you should allow a couple of days for it to get there. If they havent responded say by the end of the month then you can ask for an extension of time (CPR15.5) - you can do that by either phoning or writing to the solicitor or if they dont agree, you can make an application to the court.

 

I doubt very much you will get a response to a SAR before the defence has to be in as they are allowed 40 calendar days to comply with that. A CCA request should be complied with, within 12 working days + 2 for posting. You might just get that squeezed in.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank 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.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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