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    • Hi dx, please see below.  I don't think I have a defence! 🙄  Don't want to end up having to pay a shed load of court costs on top of what i already owe. What would your advice be?    Name of the Claimant  - Lowell Portfolio Ltd   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  19th November 2019   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 22nd December 2019   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.   Capital One (Europe) plc with reference xxxxxxxxxxxxxxxxxxxx and currant balance of £274 J D Williams & Co Ltd with reference xxxxxxxxxxxxxxxx and current balance of £375 Shop Direct Financial Services with reference xxxxxxxxxxxxxxx and current balance of £1129 Shop Direct Financial Services with reference xxxxxxxxxxxxxxx and current balance of £1490 The agreements were terminated as payments were not maintained and subsequently assigned to the Claimant And the Claimant claims: a) The total ot the said sums being £3268 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue but limited to one year being £256 c) Costs   What is the total value of the claim? £3,268   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) I don't think so, I received lots of threatening letters but not sure     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 and catalogues   When did you enter into the original agreement before or after April 2007 ? Not sure   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 - 3 defaults on credit file under Lowell's name   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 to Lowells   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure   Why did you cease payments? Financial Difficulties   What was the date of your last payment? Around mid 2018   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  
    • Also - as per post #10 - the original cc was given whilst having full knowledge friend was overseas.   Can friend now apply to have claim set aside on those grounds?   The 1st Claimant (The managing agents chasing service charge arrears) assumed friend had a lawyer - and sent papers to a lawyer the friend had used once.  But lawyer was not instructed and hadn't been for more than 1y.  Both claimants, agents and bank, knew friend was overseas and unrepresented.  
    • Background:-  Tenant in arrears for two months with no sign of future payments.  Notice served and a CCJ awarded.(£1750)  Still no payment received so a Attachment of earnings served. Court advised this will be sorted this week after no response from defendant. In the meantime, the debt has increased to (£3300) whilst I am going through the possession order / warrant and the  bailiff process.   Can anyone advise on how to obtain the rest of the debt which by the time he leaves in January will escalate to nearly £4000? is it a case of serving notice and going for another CCJ & AoE?   any help is appreciated.        
    • Hello Yes - it does say that.   But originally - start of year - a judge ordered that the general form of judgment or order "hearing adjourned generally, with permission to restore and the claim be struck out if no request to restore is received by x date". As friend hadn't paid mortgage payments by x date the bank actioned the " request to restore".   Friend knew nothing about this until after the event - and the judge that heard bank's request agreed to reopen the claim.  As such there was a possession hearing date set for soon y date.  Friend has paid the arrears in full.  I'm a bit confused - a possession hearing isn't yet an order for possession - is it?    Can't friend revert to original judge's comment saying "claim be struck out"?? (Cos the reason for the claim (non-payment) has been settled)
    • I am in a similar position and I am learning all the time on what to do. Firstly, make sure the deposit regardless of how much you received is in a safe deposit scheme. Secondly, they need to be constantly late or 2 months / 8 weeks behind before you can start a Section 8 eviction notice. Otherwise its a section 21 notice but this can only be served after 4 months of tenancy. Its costly but its worth getting a solicitor to start the process .around £500 plus court fees which these are added to the debt. you can di it online yourself but everything has to be perfect with regards to the form filling otherwise it may get rejected or thrown out at court. I was lucky with mine even though it was only a very minor paperwork issue which wasn't noticed by the judge. Getting to court takes around 5-8 weeks and even then, if they bring themselves within the 2 months amount then they will reject the case. hope this helps a bit.  
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Is there a post anywhere showing which companies are linked together please?

 

Its funny that as I phoned one company yesterday to make a payment suddenly I have 20 spam texts and emails from other PDL's offering me GUARANTEED MONEY FOR THE WEEKEND!!


247moneybox: £418.04

1monthloan: £260

WageDayAdvance: £462

MicroCredit: £156

Amigo: £427.44

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