Jump to content


  • Tweets

  • Posts

    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   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   Did you inform the claimant of your change of address? N/A 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   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   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   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4083 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Myself and my hubby were quite young when we moved out of home and got ourselves into some debt problems, one of them was owing council tax.

We owe thousands of pounds in council tax arrears, we have kept up with current CT payments for about the past 4 years, and have paid bits and bobs off the arrears as and when we could as my hubby does temporary work which can last anything from days to years.

He started a new job last month after being unemployed for a couple of months and so the council asked us to set up a payment arrangement for one of our old accounts, money is very tight at the moment and our 1st baby is due next month, so we sent them a financial statement which showed we were left with £5 a week and asked if we could pay £5 a fortnight. Well today we recieved a letter saying that they couldnt accept that, but we could pay £5 a week until 3rd june when it will increase to £12.50 a week. I thought ok fair enough as by then baby will be here and were entitled to tax credits and child benefit so we will have a bit more money.

Then in a seperate letter/envelope was an attachment of earnings order for another account from 06/07, my hubby takes home £320 a week and they want to take 12% of that = £38.40.

This is completely unrealistic, so they want £30 a week normal council tax, £38.40 in a AEO and £12.50 a week off another account (from june).

Im honestly beginning to wonder what the point in my hubby going to work is! We will end up falling behind with the current council tax if we are to pay out the other amounts, maybe £20 off arrears but over £50 a week!

Rent = £126 PW

Council Tax = £30 PW

Electricity = £40 PW (no gas) less in summer

Food = £70 PW

Car Ins = £8.50 PW

Pet Ins = £6.70 PW

House Ins = £3 PW

Petrol/Car Tax £20 PW

Phone/Broadband = £9 PW

 

= £313.20 This is without dog food any clothing etc, etc.. Car tax due end of the month £148.50 and baby due next month

So how will we afford £38.40 from his wages :sad:

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

Maybe i should add on 26/07/2006 the court made a liability order £539.32 is outstanding, we were paying £10 a week until hubby became unemployed.

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

You need to write to the head of revenue at your local council explaining your circumstances and enclosing a budget sheet (I have affixed the one we normally use - it calculates automatically as you enter the figures). If you need help with the letter please let me know and I'll draft one for you. You need to stress that if they take the amount out of your husbands wages you will be left in the position of not being able to pay your rent.

 

How much are the total arrears they want to recover ?

 

You say you have been up to date with your council payments for the last 4 years ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

The arrears they want to recover from the AEO is £539.32 for Council Tax arrears dating back to 2005, it was at £1000

The payment arrangement we have just agreed on £5 a week is for £3506.88 - i believe this is overpaid housing benefit, but i really dont understand where they get their figures from, im sure they make them up as they go along.

Some other outstanding arrears have been cleared, these are the 2 accounts left.

Council tax payments have been upto date since 2009

What will happen if we just ignore the AEO and continue with the payment arrangement previously set up?

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

Yes just found an invoice the £3506.88 is overpaid housing benefit dating back to 2002, different properties, several different years

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

You can't ignore the AOE - your husbands employer has to make the deductions or face being taken to court. You need to let them know that you can't pay any extra while the AOE is in place.

 

You need to ask them for a breakdown of the £3508.88 .

 

Do you need help with a letter ?

 

Have you done the budget sheet yet?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

We have been sent the AOE to pass on to his employer.

The invoice does have a breakdown of the £3506.88

Help with the letter would be appreciated thanks

Just doing the budget sheet

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

The budget sheet is the same thing i sent them last week, it showed we have £5 left a week, they said they had received our 'financial statement'

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

We have been sent the AOE to pass on to his employer. Did they? I've not heard of that before, do they not know who his employer is ?

The invoice does have a breakdown of the £3506.88

Help with the letter would be appreciated thanks

Just doing the budget sheet

 

OK will draft a letter

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Baby Brain! - Have read it again and at the bottom it says this is a copy of an Attachment of Earnings Order served on your employer.

The payroll number and NI number is left blank and starts To any person who has in his employment the person named above - its dated 6/2/13 - took them long enough, only got it today!

Thanks for your help

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

The employer will have to start deducting the amount on the order, they have no option.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

How long will it take them to get that started do you think?

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

depends when the receive it - is your husband paid weekly ? if so, on what day ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Yes weekly on fridays

We cant fall behind with the rent payments as we already owe arrears which we are slowly paying back, so the only options we are left with is to not pay the current council tax or not eat!

Really upset now i know it's been sent to his work :Cry:

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

If they only got it today it they might not apply this week - depends on what day of the week they run their payroll. I would imagine the first deduction would be next week.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Hi, affixed is a draft letter to send to the council - take photocopies of the AEO and attach (staple) to the letter along with your budget sheet. Send by recorded delivery and make sure you keep the receipt from the post office so you can check on the royalmail website a few days after posting to print off the signature receipt.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Thank you!

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

When my husband came home from work on wednesday i was really upset and he was fuming, so he called the council yesterday and spoke to the person who sent the AOE letter to us, she has said the 12% they will take from his wages covers the current council tax as well as arrears and we wont be paying anything else? Does anyone know if this is true? As i dont see that written anywhere. We have a meeting with the recovery team at the council on monday.

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

When the employer deducts the 12% they will only do so until the amount stated on the AOE is cleared then they will stop deducting as that is the content of the court order.

 

I can't see how the council could deduct from earnings for this year's council tax if you are already paying it and they don't have a court order for it.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Yesterday she kept saying we would be better off paying the AOE and he couldnt really hear/understand what she was saying as he was calling from work (noisy environment). So he called her again this morning and arranged the meeting but once again she said the 12% they take will be the only amount they take and will cover the current council tax. She was asking my hubby if he was saying he is not paying anything, to which he explained that paying the current council tax is fine, but not £38 a week on top off arrears, she has said several times that it will be £38 and nothing else. But it doesnt say anything like that in the letter.

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

Thought i would update, my hubby had the meeting at the council today, and no the 12% doesnt include the current council tax, the woman who said that clearly cant do her job.

Anyway the AEO hasnt been sent to his employer yet and that is going to be cancelled, we are going to pay £10 a week off the arrears and obviously keep up with the curent council tax. So a good outcome!

Thank you for your support.

T Mobile (Red) £194.58 Cleared - November 2008 - Statute Barred

Capital One (Lowell) £2182.45 Cleared - June 2010 - No credit agreement

Yes Car Credit (Go Debt) £7143.70 Cleared - July 2010 - Statute Barred

HSBC (Lowell/Red) £8476.37 Cleared - July 2010 - Statute Barred

Tesco Loan PPI £2668 - March 2013 - Refund

 

Link to post
Share on other sites

That's good news -hope things work out for you now :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...