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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 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   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt 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 ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  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? Changed supplier What was the date of your last payment? Never  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
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council getting a possesion order. will i be evicted. please help.


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Hi. I fell behind with my rent after taking a lengthy time off work due to a back injury which i needed surgery for. I have been given notice of possesion and due to go to court on the 14th october. The council have said they will stop court action if i pay all the arrears plus a months rent in advance . I have returned to work and done as much overtime as possible to try and pay everything. But i can only manage to clear all the arrears and pay the rent up to the 1st of october so i will be 2 weeks rent in arrears of £186 when it goes to court on the 14th.....however i get paid again on the 15th and am able then to pay the remaining arrears plus a months rent in advance..i am terrified that i will lose my house for thevsake of 1 day...i have sent the council an email with the receipt for all the money i have paid but no response.. will i be evicted for this arrears . Thankyou in advance for any advice.

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Hi hmoss

Im surprised no-one has replied to you but these guys are very busy and when they read this I'm sure you will get some good advice. You have 2 weeks to prepare your defense so start by gathering a paper trail of what you've done to repay arrears.Dont use e-mails but photo copy letters etc.Work out an acceptable plan of repayment after you have completed an I & E form (You will find one in library). Do not put overtime into this unless it is at a guaranteed and sustainable level ie dont make an offer tou can't afford. I hope that for your level of debt that any judge will find favourable for you.Good luck.

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hmoss

some brief info to start with https://www.gov.uk/council-housing-association-evictions/overview

have you spoken to the likes of cab and shelter?

2 weeks outstanding? for the sake of 1 day! surely it would be reasonable for them to come to an arrangement re that? and am sure a court would see it that way (if it gets that far) and not evict, or at the most do a suspended order?

also, a council must not act disproportionately.

bump re further input

Edited by Ford
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Have alerted site team as well :)

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Hi. I have received a reply from the council thanking me for the monies paid and they have now said as long as i am able to pay the the remainder 2 weeks rent so there are no arrears then i will not have to attend court and they will just ask for a 12 month suspended order but i have told them that this is not possible as all the money i had paid nearly all the rent arrears of £2000 and the £186 owing will be paid on the 15th and a months rent in advance and all they said was if there is even £1 arrears you will have to go to court. I have tried calling the cab but it always goes to a recorded message as our local office is appointments only. I shall call shelter and see what they say...i am thinking i might be better trying to loan the remainder rent just to stop court action. I have lived in my home for 20 years work 48 hours night shifts and still manage to support my disabled son and because i may be short 2 weeks rent i could lose my home i think i would be better off if i didnt work and had my rent paid for me ...but i will work until i die i am just surprised the council can be so ruthless.

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if there would be no arrears why would they still ask for a Suspended Order!? an SO would be where possession is suspended subject to an official (court ordered) arrangement to pay any arrears? odd.

your disabled son resides there? that will also be taken into account by the court.

i know what you mean re being 'better off' 'not working', doesn't make sense.

thats what i mean, i don't see a court being so 'ruthless' given the circumstances. also, it seems the council would have to provide you and your son emergency accommodation at their cost anyway if you are evicted homeless?

see what cab/ shelter say. book an emergency appointment with cab.

hopefully others will look in also for further input

Edited by Ford
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Hi. I dont understand it either..and surely if i cannot pay the £186 before the 14th and i go to court and tell them it will all be paid at midnight and put in advance as there has been a standing order set up with the bank then would they still go ahead with the eviction or do a suspended possesion and yes my disabled son lives with me . He is 13 and i have a 17 year old daughter living here as well.

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Speak with Shelter tomorrow.

 

 

http://england.shelter.org.uk/get_advice

 

Free advice helpline

 

0808 800 4444

 

 

8am-8pm Monday-Friday

8am-5pm Saturday-Sunday

 

 

Calls are free from UK landlines and main

mobile networks (Vodafone, O2, EE and

Virgin Mobile).

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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given your circumstances posted, i really can't see a court evicting. at worst would be a suspended order subject to a schedule of payment of any arrears, an SuspOrder that will last for what all of 2 days!! (or more if you want to spread it out) Once arrears paid, back to normal. i'm fairly sure a court would not look too favourably on the council. but, what do i know! :)

give shelter a call. and book an app't with cab.

Edited by Ford
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Hi. I fell behind with my rent after taking a lengthy time off work due to a back injury which i needed surgery for. I have been given notice of possesion and due to go to court on the 14th october. The council have said they will stop court action if i pay all the arrears plus a months rent in advance . I have returned to work and done as much overtime as possible to try and pay everything. But i can only manage to clear all the arrears and pay the rent up to the 1st of october so i will be 2 weeks rent in arrears of £186 when it goes to court on the 14th.....however i get paid again on the 15th and am able then to pay the remaining arrears plus a months rent in advance..i am terrified that i will lose my house for thevsake of 1 day...i have sent the council an email with the receipt for all the money i have paid but no response.. will i be evicted for this arrears . Thankyou in advance for any advice.

 

Firstly you're not going to lose your home.

 

Secondly, I cannot see any judge granting a suspended order on the basis of two weeks rent arrears.

 

Thirdly, I think your council are misleading you, which is something that they are not allowed to do. Part of the pre-action protocol for social housing is to contact you as soon as you get into arrears, discuss the matter with you, find out if you are claiming all benefits entitled to (if any), and advise on any which you could claim, and help you to claim them (i.e. housing benefit). They have to come to an agreement with you and if you stick to that agreement they must adjourn the hearing.

 

Now, your arrears were quite high, so one presumes they at least contacted you and asked you to sort the matter out. You've started to do that and have clearly made a great deal of effort to repay the arrears before the court hearing, though from what I've read this seems to have been done under the misapprehension cause by them, in that they will get a possession order. There is NEVER any guarantee that a social landlord not using ground 8, will get a possession order. No guarantee whatsoever. In fact, bar the use of ground 8, there isn't really a guarantee to gain possession. In addition you state 'council' and they usually give secure tenancies, so ground 8 can't be used, it'll be ground 1 (different housing act), and judges don't award possession unless people are so far in arrears that they have no prospect at all of repaying them.

 

So you're not going to lose your home - not this time.

 

What you need to do is ensure that you go to court - do not take their advice that attendance is not necessary. Write a statement informing the court that you have paid X over the last X number of weeks/months, and intend to clear the arrears in their entirety by X date/time. Include in the statement that you have two children living with you, one with disabilities (provide proof if you need to), and explain that you tried to resolve the matter without court action but the council told you that only full payment of the arrears would stop the action. State that you now understand after taking advice, that they are supposed to follow the pre-action protocol, and you do not feel they have done so in your case, which has caused you unnecessary stress as you worked all the hours you could in order to pay the arrears, which were brought about following a period of ill health and inability to work. You are now back in work and have shown that you can afford to pay the arrears and will, in fact, be one month in advance from X date.

 

End the statement with 'I respectfully ask the judge to consider adjourning this case and not awarding costs to the council, on the basis that I have done my best to clear the arrears following their advice that this would be the only way to stop court action. I am in full time employment and caring for two children, one of whom has disabilities, and I am determined to keep my rent account up to date in the future.'

 

My feeling is the judge will adjourn generally and reserve the costs. If you never default on your rent again, nothing further will happen. If you do default in the future, the council will be able to restore this case against you and claim not only the costs for the new court appearance, but for the adjourned hearing also.

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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.

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