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    • I have recently found myself in financial difficulties and with the help of forum members in another thread regarding this, I think I can get myself sorted. My query here is how to deal with a Cifas marker that has been logged against me by one of my creditors for "evasion of payment". Admittedly yes I did get a £5000 loan with them and have not paid any payment but at the start of the year, which is when the loan landed, I realised I was going to be struggling to repay that and other debts and I contacted MCB to ask if there was any way I could extend the loan from 24 months to 36 months. I explained my situation and that I was going with a DMP and asked them if they could help me with this. They did not reply. I then emailed them again a month later explaining that my DMP was going ahead and could they confirm that the direct debit was indeed cancelled. Again, they did not reply. The DMP fell apart and so did everything else thereafter. My bank withdrew my overdraft and said I could not stay with them (I thought initially that it was because of the DMP) so I opened another account (Starling) and set up all my direct debits etc with the new bank. A month into being with the new bank, they contacted me and said they were closing my account in three months. So I started applying for other basic accounts and every single one of them either refused or revoked.  Through the help in the other thread, I requested a SAR from Cifas and discovered that I have this marker against my name for "evasion of payment". I have logged a complaint with MCB on the advice of other forum members, but my query really is do you think the marker is fair given that I did ask them for help and I did explain that I was going to be struggling financially to repay the loan over the original two years, and is there any way that I can get it removed? I fully admit that I have yet to make a payment to them and I suppose in my naivety and panic I thought if I emailed them early on they could extend the loan and help me out, but they didn't even reply  I did manage to open an account with Monzo before the marker was in place, but I am very concerned that if Monzo do what Starling did, I will have no bank account to pay my bills or get my wages paid into.  Realistically based on the information I have given here, what do you think my chances are of getting this marker removed? Any help/advice on this would be greatly appreciated x
    • Thank you dx, that is what I intend to do now. I have gone through all the SAR documents, a lot of which I am seeing for the first time! As per my previous post #116 letters and statements alleged to have been sent to me, as recorded on their system notes I have not received. Letters I have sent requesting information and account statements have not been recorded as being received by them, all were sent either by Recorded or Special Delivery. I have all the proof you menrtioned from my files for payments and from their SAR info for fees added. Thanks t
    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
    • Sorry, I haven't ever seen one of these agreements. Read it all and look out for anything that says when she can withdraw and when she is committed to go ahead. If it isn't clear she may need to call the housing provider and simply say what you posted here, she doesn't want to go ahead and how does she withdraw her swap application?
    • Thank you! Your head is like a power bank of knowledge.  Her health issues are short term, due to a relationship breakdown she took it pretty hard and has been signed off work on medication for 3 months. She only started her job in February 24 so does not qualify for any occupational sick benefits, which is where the ssp only comes in. (You will see me posting a few things over the coming days, whilst I try and sort some things for her)  I sat with her last night relaying all this back and she does want to work out a plan, she was ready to propose £100 for the next 3 months and then an additional £70 per month onto of her contractual to "catch up" but Money247 rejecting the payment holiday and demanding £200 thew her, which is why I came on here.   
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Help to write a defence on a county court claim


Mrst1
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Hi

I have tried to do my own post but for some reason I don't have the admin approval. Can someone link this to a new thread please

 

I have receive court papers from Northampton regarding a debt sold to lowell on 30/10/2009. They have been now sent these forms for a judgement. As it has been so long can hey chase me for it. Again, I don't even remember signing a credit agreement. Is this a valid defence. The amount they are claiming is £1004.92 plus fees & costs. I have no idea by it is this high.

 

Plead can someone advise if a, I have a valid defence, b, what I do next? I note the acknowledgement of service form and also the defence form. I just don't want to fill anything in case I mess it all up

Thanks in advance

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Hi that's great thanks

 

Claimant: Lowell

Date of issue: 9 april

Particulars: 741.51 this debt was assigned to/purchased by Lowell portfolio ltd on 30/10/2009 and notice served pursuant to the law of property act 1925.

Value of limed £1004.92 total £1149.92

The claimant has included 8%interest

On behalf on little woods catalogue! I believe it was before 2007, no credit agreement signed though.

Claimed issued by Lowell who bought the debt

Don't even know what a notice of assignment is?

Can't remember if I received any of the defaults or stuff. Probably did.

Ceased payments as I became unemployed and have 2 child's and couldn't afford repayments.

 

Hope this covers any info that is needed to help me, again thanks in advance

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Hi Mrst

 

You have 33 days in total (if defending) from the 9th April so you need to acknowledge service by the 22nd April you then have a further 14 days to submit any defence.You can do this on line using MCOL once registered to use the service.You will then be provided with a username ...the password is already on the claim form.

 

Regards

 

Andy

We could do with some help from you.

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Hi

 

I have sent my acknowledgement online. The claimant is dating back to 2009, I have never signed an agreement, signed for anything. Is there any defence I can use? Can I request any signed credit form for littlewoods?

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Yes indeed you can make a request for the agreement and if they did not make you aware of the assignment, then you can request that as well. The letter you require is linked below.

 

You can only request those items mentioned or implied on the claim form.

 

So that will be ..

 

The agreement

The assignment

Statement of account showing how the amount claimed has accrued. Read the letter carefully, make sure you understand it and amend where required.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Did you make an attempt to discuss your financial difficulty with Littlewoods ?

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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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Do you know when you stopped making payments to Littlewoods ?

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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  • 2 weeks later...

Hi

I've received a reply from bc saying that they followed protocol when issuing the claimants particulars of the claim. Practice direction point 7c point. 1.4(3a) eliminates the requirement to attach the docs when they are issued by this court.

They say that it will probably be allocated to the small claims track and it's a contractual matter.

It's is the original creditors policy to issue agreements at the start of the contract and statement and tell me to refer to my won reord (which I don't have).

They decline an extension to filing a defence.

 

The last payment I made was 7 years ago..

 

Please can anyone advise further? I need to respond today?

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" The last payment I made was 7 years ago.."

 

In that case you dont need any information simply submit the following:-

 

 

Defence

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

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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Thanks andy, I have just found the default notice and it wasn't actioned till 30 may 2009. Even though I havnt paid anything for 7 years will the rule above still stand?

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Makes no odds in my opinion when the DN was dated if there is a clear 6 year gap of no pay no acknowl...its Statute barred.No claimant is going to argue yes but we only issued the DN 12 months after default...no court will allow claimants to control limitations by not following the CCA to suit their needs.

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 - The National Consumer Service

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  • 4 weeks later...

2nd may 2009 + 6 years = 2nd may 2015

 

Claim issued before 2nd May 2015

 

Im a bit concerned about statue barred being a defense as they initiated proceedings before 6 years of the DN. Is this right?

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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2nd may 2009 + 6 years = 2nd may 2015

 

Claim issued before 2nd May 2015

 

Im a bit concerned about statue barred being a defense as they initiated proceedings before 6 years of the DN. Is this right?

 

in a word "No" :-)

 

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2nd of May was not the last payment...thats the date of the DN.

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 - The National Consumer Service

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