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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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[ATTACH=CONFIG]39690[/ATTACH]

 

Hoping that you guys can help us here - I have a very good friend who iscurrently on Incapacity Benefit (although this is about to be changed to IncomeRelated Support Component of ESA - whatever that is). She a lovely lady,currently suffering with cancer, so she's in and out of hospital.

 

It also means that she's absolutely on her uppers.

 

She has been only just able to keep up with the rent and the bills,unfortunately her council tax hasn't been paid.

 

She received a letter, from the council, saying that they were taking her tocourt for non payment of council tax. Judgement obviously went against her (itwas about this time that she was in hospital for another operation).

 

The next thing that she heard was a letter from Rundles saying that the debthad been passed to them - and stating that she had to pay or they would comeand take goods to pay the debt.

 

The day that she got the letter from Rundles, she phoned the council - theysaid that as it had already been passed to Rundles that they couldn't get itback and that they wouldn't discuss the issue - any discussion would need to bewith Rundles.

 

She then contacted Rundles and agreed to pay £50 every two weeks (more thanshe could actually afford, really).

 

The problem is that she went back into hospital around that time, and somissed the first payment - I dropped by her flat to pick up her post and takeit to her - and it was only then that we discovered the letter (see attached).

 

I phoned the bailiff on her behalf, explained that she was in hospital atthe moment and so couldn't make the payment, but that she would be able tostart as soon as she got out. The bailiff was somewhat unhelpful, basicallysaying that unless the whole amount was paid within 48 hours, he would be roundto clear the flat.

 

She's just got back out of hospital now, and is meant to be getting completerest - you can imagine what this is doing to her!

 

Any advice would be appreciated!

Edited by Viking_Raider
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Hi

 

To post up the document please use this method by dx100uk

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

 

Have they been into her premises? I would guess not from what you say.

 

Has she a car outside at all?

 

Unless they have previously had entry into the premises then they cannot force entry.

 

She sounds like she is in the vulnerable category to me in which case the council must take this back.

 

The experts in this field will be along as soon as they can but in the meantime please post that document up following the instructions above.


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She a lovely lady,currently suffering with cancer, so she's in and out of hospital.

 

clearly vulnerable household bailiff action must stop

 

get on to council formal complaint to council contact local MP


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any advice given is based on experience and learnt from this site :-)

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The bailiffs will not be able to clear the flat and will not be able to force entry at this point the 48 hour notice is a standard letter to intimidate into paying


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hi

 

To post up the document please use this method by dx100uk

 

 

 

Have they been into her premises? I would guess not from what you say.

 

Has she a car outside at all?

 

Unless they have previously had entry into the premises then they cannot force entry.

 

She sounds like she is in the vulnerable category to me in which case the council must take this back.

 

The experts in this field will be along as soon as they can but in the meantime please post that document up following the instructions above.

 

Done!

 

Yes - he has been to the flat (no one was in, she was still in hospital)

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Sorry

 

Had to unapprove the attachment as there is at least one reference number showing.

 

EDIT: Also please remove the bailiff name, phone number and signature.

Edited by ims21

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Sorry

 

Had to unapprove the attachment as there is at least one reference number showing.

 

EDIT: Also please remove the bailiff name, phone number and signature.

 

Done

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I assume you have her permission to help.

 

First thing tomorrow morning you need to get on to the Council and ask to speak to someone in authority

- Head of Revenues would be a good start

- your friend may need to speak to them to permit you to do this.

 

You should tell them of her present medical history and ask if the Council has signed up to abide by the National Standards for Enforcement Agents

- your friend is clearly classed as vulnerable.

 

The second call you should make is to her local Councillor(s) - to intervene if the Council are stroppy or to inform of the situation,

any refusal or reluctance and go straight to the Leader of the Council & his opposite number. For now don't contact the Bailiffs.

 

You should also remind the Council of the latest advice/report from the LGO http://www.lgo.org.uk/news/2012/nov/lgo-highlights-problems-bailiff-action-behalf-councils


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Also send a complaint to MP and get them involved, along with a complaint to OFT on Bumbles & Co's Credit Fitness.

 

They should adhere to the national Standards as the lady is clearly unequivocally vulnerable.

 

Did you record any calls or converstaions with the bailiff when they said they were going to clear the flat anyway, would be good evidence for a Formal complaint.


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Thank you all for your responses. I have spoken to a very nice chap at the council this morning who agreed that my friend is definitely "vulnerable" and put an immediate stop on any action. Interestingly, whilst looking at her notes, he found that the bailiff had rung in yesterday, unprompted, to flag the fact that this case should go back to the council as she is vulnerable! (so they’re not all bad – he’s definitely “playing by the rules” in this case).

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Thank you all for your responses. I have spoken to a very nice chap at the council this morning who agreed that my friend is definitely "vulnerable" and put an immediate stop on any action. Interestingly, whilst looking at her notes, he found that the bailiff had rung in yesterday, unprompted, to flag the fact that this case should go back to the council as she is vulnerable! (so they’re not all bad – he’s definitely “playing by the rules” in this case).

 

He's only playing by the rules because he has been caught out, I would doubt he has done it off his own bat. Could well be of course he has been reading this thread - or am I being too cynical!


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He's only playing by the rules because he has been caught out, I would doubt he has done it off his own bat. Could well be of course he has been reading this thread - or am I being too cynical!

 

Hope the bugger has, and backs away completely, he has already overstepped the mark, so the complaint should go in anyway imho


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

 

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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Glad to see the council has seen sense :)

 

I hope your friend gets better soon.

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