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    • when mediation call they will ask the same 3 questions that are in their email you had to accept it going forward. simply state 'i do not have enough information from the claimant to make an informed decision upon mediation so i refuse. end of problem.  
    • Food prices, including a $40 chicken, has stoked fury and calls for big foreign supermarket chains to come to Canada.View the full article
    • Which Court have you received the claim from ? Civil National Business CEntre Name of the Claimant ? Lowell Portfolio i Ltd How many defendant's  joint or self ? Self   Date of issue –  15 Feb 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  The claim is for the sum of £922 due by the Defendant under and agreement regulated by the Consumer Credit Act 1974 for a Capital One account with an account reference of [number with 16 digits] The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit ACt 1974 which has not been complied with. The debt was legally assigned to the claimant on 16-06-23, notice of which has been given to the defendant. 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 the issue of these proceedings in the sum of £49.15 The Claimant claims the sum of £972 What is the total value of the claim? £1112 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I dont know the details of the PAPDC to know if it was pursuant to paragraph 3, but I did receive a Letter of Claim with a questionaire/form to fill. 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? Credit Card When did you enter into the original agreement before or after April 2007 ? no 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 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. Assigned/purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware, I'm not certain I received a 'Notice of Assignment' from Capital One but may have been informed the account had been sold without such a title on the letter? Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not since the debt purchase, and not from Capital One. Why did you cease payments? I can't remember - it was the tail end of the pandemic and I may not have had enough income to keep up payments - I am self-employed and work in the event industry - at that time. I also had a bank account that didn't allow direct debits and may have just forgotten payments and became annoyed at fines for late payments. What was the date of your last payment? Appears to be 20/4/2022 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 Here is my Defence: Defence - 1. 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. 2. Paragraph 1 is noted. I have in the past had an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is denied. I am unaware of having been served with a Default Notice pursuant to the Consumer Credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. The Defendant has 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 said request. 6. A further request has been made via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied and to date nothing has been received. 7. 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 Claimant 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 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 10. 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. .................. Please note that I had to write a defence quite quickly as I hit the deadline. At the time of writing the defence, I hadn't been able to find correspondence from Capital One, but had since found default letter etc. I submitted CCA request and CPR 31.14. However, I didn't get any proof of postage or use registered post for the CPR (an oversight) but did with the CCA request. I received a pack which included a letter from Overdales, going over the defence I'd filed, as well as letters of Lowells and reprints of letters from Capital One. But I have no idea if this pack is in response to the CCA request or the CPR ! I would have expected two separate responses ... although I do know they are both the same company. Looking over the pack today, and looking through old emails .. I find some discrepancies in the Capital One default letters (notice of default and Claim of default). They are both dated *before* an email I have stating that a default can be avoided. The one single page of agreement sent (so not the full agreement) has a 16 digit number at the top in small print, next to 'Capital One' which corresponds to a number called 'PURN' printed at the top of each of the 10 pages of ins and outs of the account (they're not official statements, but a list of monthly goings) yet no mention anywhere on either of the account number. I cant really scan them at the moment - I can later tomorrow, but that will be after the mediation call I'm sure. I guess I may be on my own for this mediation ... I am not certain the CCA request has been satisfied .. or if the CPR has been . And then I appear to have evidence that the Default notices provided are fabricated ? Yet, I do have (elsewhere ... not at home) Default letters from Capital One I can check ..
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Dear all,

 

Firstly my apologises if this is in the wrong forum, not posted here for a long time and not really thinking straight at the moment.

 

Currently, we are a real financial mess and one big issue is AOE's from the local council.

Does anyone know if there is a mechanism through the court to get this suspended or reassessed?

 

The local authority don't want to know in terms of our serious financial hardship, even written to Deputy Chief Exec of council and was told, sorry, no help available as we have previously been 'lenient' with your situation. I have referred this to the Ombudsman as well as my local MP.

 

Currently, latest deduction of £250 from my salary has left us with only £700 to live on for a month as a family of 4. We don't qualify for ANY benefits as I have a salary of £23000 before deductions, so slip though the safety net.

 

Getting extremely desperate, so ANY advice or help would really be welcome

 

Many thanks

David

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Hi f1man and welcome to CAG

 

Can you do anything about an attachment of earnings order once it's been made?

 

If you can't afford the payments

 

If you think too much money is being taken out of your wages, you can tell the court you don't agree with what your creditor has asked for.

 

You have 14 days from the date the original order is made to do this. If the order has been in place for some time and your circumstances change, you can still apply to the court to change the terms of the order. A hearing will be arranged and a judge may make a different order.

 

You can get help to ask for less money to be taken out your wages in an attachment of earnings order, from an experienced adviser at a Citizens Advice Bureau or similar.

 

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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Thread moved to the appropriate forum.

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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Do you have a lot of other debts?

 

The Courts will identify the council as a priority debtor as opposed to a credit card company or other un-secured personal loan. They also won't take personal loans and credit cards into consideration in assessing your AoE because they only take into account relevant priority and essential outgoings such as mortgage, electric, gas, etc.

 

A

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Do you have a lot of other debts?

 

The Courts will identify the council as a priority debtor as opposed to a credit card company or other un-secured personal loan. They also won't take personal loans and credit cards into consideration in assessing your AoE because they only take into account relevant priority and essential outgoings such as mortgage, electric, gas, etc.

 

A

 

Thanks for this, we are in serious hardship and the fact is we cannot afford to pay the council tax AOE, or gas, electricty, water etc.

We have £700 to live on for a month, and from this needs to go rent and utilities even before we try and eat

 

If you have any other ideas they would be welcome!

 

Thanks a lot

David

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You dont need any other ideas just get the AoE adjusted by making an application

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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You can apply to the court on an N244 to ‘vary’ or change the order if you find that you cannot afford he deduction rate on the attachment of earnings order because your circumstances have changed.

 

You will have to give full details of your budget and why you cannot afford the deductions set by the court.

 

You can also use this form if your circumstances at work change and you want the court to look at suspending the attachment of earnings order.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406095-LEGAL-N244-Application-Notice

 

The fee is £55

 

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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If you could hold with that application f1

 

We (Site Team)seem to be having varied views on the AoE and council tax in the CAG office.

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 - unfortunately, you can't apply on an N244 to the county court to appeal the council tax AOE as it's a magistrates liability order which gives the council the right to deduct from your salary. It's only by contacting the council that anything can be done, but you say you have already contacted them - did you submit a budget sheet which shows the deduction is placing you in a vulnerable position, i.e. you cannot pay your mortgage/rent or heating. Do you own your own property?

 

I have helped people get the council to remove the AOE when it is proved by way of a budget sheet that they cannot survive on the remainder of their salary after the deduction is made. Perhaps you should get your local councillor involved.

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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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Do consider reminding the council that they can cancel the attachment of earnings under Reg 41(2) Council Tax (Administration & Enforcement) Regulations 1992; which states:

 

41. (1) Where the whole amount to which an attachment of earnings order relates has been paid (whether by attachment of earnings or otherwise), the authority by which it was made shall give notice of the fact to any person who appears to it to have the debtor in his employment and who has been served with a copy of the order.

 

(2) The authority by which an attachment of earnings order was made may, on its own account or on the application of the debtor or an employer of the debtor, make an order discharging the attachment of earnings order; and if it does so it shall give notice of that fact to any person who appears to it to have the debtor in his employment and who has been served with a copy of the order.

 

(3) If an authority serves a copy of an attachment of earnings order in accordance with regulation 37(3), it shall (unless it has previously done so) also serve a copy of the order on the debtor

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Hi - unfortunately, you can't apply on an N244 to the county court to appeal the council tax AOE as it's a magistrates liability order which gives the council the right to deduct from your salary. It's only by contacting the council that anything can be done, but you say you have already contacted them - did you submit a budget sheet which shows the deduction is placing you in a vulnerable position, i.e. you cannot pay your mortgage/rent or heating. Do you own your own property?

 

I have helped people get the council to remove the AOE when it is proved by way of a budget sheet that they cannot survive on the remainder of their salary after the deduction is made. Perhaps you should get your local councillor involved.

 

If this is the case, would you be able to advice me in some detail about trying to get the AOE removed?

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Affixed is a budget sheet which we normally use to establish income and expenditure. It calculates as you fill it in and shows you instantly how much you have left over (or not) each month.

 

Let us know when you have completed it and we will see where we go from there. Please be truthful with the budget sheet - you may have to prove your income and provide details of outgoings to the council if you are to get them to take your case seriously. In other words, whatever you put in the budget sheet you should be able to provide paper proof of.

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Do you know how many Liability Orders the Council have against you - there may be more than one?

 

Have you also tried to contact your local Councillor(s) to see if they will intervene & help with the Council?

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  • 2 weeks later...

Thanks for this, I think there are three orders against us, I have tried out local councillor, but as the chief exec has already said there is nothing to be done from them, he does not think he can do anything.

We are desperate now, I have completed the budget sheet, what would be the next step to try and get this suspended?

 

Many thanks

David

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Hi - unfortunately, you can't apply on an N244 to the county court to appeal the council tax AOE as it's a magistrates liability order which gives the council the right to deduct from your salary. It's only by contacting the council that anything can be done, but you say you have already contacted them - did you submit a budget sheet which shows the deduction is placing you in a vulnerable position, i.e. you cannot pay your mortgage/rent or heating. Do you own your own property?

 

I have helped people get the council to remove the AOE when it is proved by way of a budget sheet that they cannot survive on the remainder of their salary after the deduction is made. Perhaps you should get your local councillor involved.

 

Thanks for this, I think there are three orders against us, I have tried out local councillor, but as the chief exec has already said there is nothing to be done from them, he does not think he can do anything.

We are desperate now, I have completed the budget sheet, what would be the next step to try and get this suspended?

 

Many thanks

David

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I would still notify your local Councillor(s) and plead hardship. The only other alternative would be to go back to the Magistrates Court on hardship grounds - unsure of the cost but would imagine you can claim fee remission.

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Thank ploddertom,

 

I am doing all of this, but your colleague ell-enn mentioned that you had go AoE's for council tax suspended before due to extreme hardship....any ideas how I go about this, I understand that I can't go back to court as this is a liability order and not a CCJ

 

Many thanks

David

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Thank ploddertom,

 

I am doing all of this, but your colleague ell-enn mentioned that you had go AoE's for council tax suspended before due to extreme hardship....any ideas how I go about this, I understand that I can't go back to court as this is a liability order and not a CCJ

 

Many thanks

David

 

You apply to the Magistrates Court in this case. CCJ's are from the County Court.

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  • 2 weeks later...

Hi All

 

Just to let you know I have a hearing date for Friday regarding 'Quashing AOE's for Council Tax'

 

Have been told how to prepare by the court and will see what the District Judge has to say regarding my pleas of hardship.

 

Will let you all know after the hearing

 

David

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As long as all your sums add up correctly you should be OK. Just make sure you have nothing that could be construed as extravagant or frivolous in your expenditure - a usual one may be a Sky Sports & Films package. Fingers crossed for you.

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