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    • 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
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SSL Capital claimform - Cash Store Payday loan **SETTLED**


Tonster
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Its apparent that they dont really understand what a Tomlin Order is and when it should be used.Yes there is a fee that is added to the costs £50 but you the defendant cant arrange it ...the claimant drafts it and submits it with your signature/consent.

 

" Please confirm if a reply has been sent back to the courts regarding your intentions of repayment? "

 

No because then you would get a CCJ hence the suggestion of a Tomlin Order :roll:

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Example

 

IN THE XXXXXXXXXXXXX county court CLAIM NO:XXXXXXXX

 

Between Claimant

 

 

Claimant

 

and

 

 

Defendant

 

 

 

 

Tomlin Order

 

 

Upon the parties having agreed terms of settlement

 

 

BY CONSENT IT IS ORDERED THAT:

 

 

1. All further proceedings in this action shall be stayed upon the terms setout in the

the attached schedule, except for the purpose of carrying such terms into effect.

 

2. Each party shall have liberty to apply to the court if the other party does not give

effect to the terms set out in the schedule.

 

3.No order for costs.

 

 

Dated ......................... .......

 

We consent to the making of an order in the above terms

 

 

......................... .................

Sols for the Claimant

 

 

 

......................... .................

 

XXXXXXXxx,Defendant

 

 

 

 

 

 

 

 

 

 

SCHEDULE

 

 

1. The Defendant shall pay to the Claimant the sum of £XXXXXX in Full and final

settlement of this claim

 

2. No charges will accrue on the settlement sum

 

3. The Defendant will pay to the Claimant on or before xx xxxxx 2010 the sum of

£XX.00 followed by payments of £XX.00 on or before the xxth of each month and every

month thereafter until the balance has been paid in full.

 

4. If payment is not made on the due date the Claimant shall give notice in writing of such a

default to the Defendant and if payment is not made within 14 days from the date of such

notice the Claimant shall be at liberty to apply to lift the stay and proceed with the claim.

 

 

5. The amount of the monthly instalment payment shall be reviewed at 12 monthly intervals. The defendant shall co-operate

with the Claimant on such review by providing the Claimant with such information about his/her assets income and expenditure,

as the Claimant shall reasonably request.

 

6.If following any review the Claimant and Defendant agree a new monthly instalment amount, the new monthly instalment shall become payable under

paragraph 3,with effect from the next instalment date.

 

7.If following any review, either the Claimant or the Defendant considers a new monthly instalment amount should be payable but cannot agree this with the other party, either party shall be at liberty to apply to the Court for the Court to determine the monthly installment payable and thereafter the stay and settlement contained in this schedule do continue.

We could do with some help from you.

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Hi Andy

 

Would it be easier then to wait for mediation and accept the repayment offer there as then there is no CCJ nor costs if they won't do a Tomlin order?

 

I really want to ensure there is no CCJ and no further costs. Still had nothing from the court yet either.

The claimant doesn't seem very clued up to me

 

Tonster

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Yes thats an option...you ask them to withdraw the claim subject to settlement

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Stop press: DQ has arrived, small claims track.

 

 

So, I guess I will just fill this in agreeing small claims is correct track and that I do want to use the mediation service. That way I guess we can formalise the agreement without costs and without CCJ, I've been through mediation once before and it seems a good way to proceed?

 

 

I guess pick local court, 1 witness (me) and no experts?

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Correct...yes to mediation.

We could do with some help from you.

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Hi Andy

 

 

Appreciate your help with this and was wondering if you could take a look at another thread of mine I've just created (my biggest outstanding debt!) I realise as the amount is larger the procedure may be different and would appreciate any advice

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439861-Claim-Form-Received-Cabot-Lloyds&p=4678858#post4678858

 

 

Cheers

 

 

Tonster

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  • 1 month later...

Called the court today and the claimant had until 16/2 to file their DQ and have failed to do so (the court tells me they are working on DQ's from 18/2 at the moment) so I guess now the case will be stayed?

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Failure to submit a DQ will result in the claimants claim being struck out Tonster...not stayed.

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Just spoke to Northampton, they tell me the claim was struck out on 27th Feb! They said they don't send anything in writing but I guess this should be the end of it now?

 

 

Cheers

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Excellent news.......well done

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

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  • 1 month later...

Hi Andy

 

So, it continues. SLL have now sent in a N244 form along with a cheque for £50 to Northampton to 're-instate' the case. They state in the N244 'The DQ was sent well before the deadline. We have no idea why the claim has been struck out as even the defendant has asked for a mediation.

 

They've sent me a copy of their DQ and N244. Nothing yet from the court. I was wondering what's the likely outcome (options) and is there anything I should be doing at this stage?

Cheers

Tonster

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So what is their excuse for BOTH the court and the defendant not receiving it then?

They clearly do not have a clue

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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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Hi Andy

 

So, it continues. SLL have now sent in a N244 form along with a cheque for £50 to Northampton to 're-instate' the case. They state in the N244 'The DQ was sent well before the deadline. We have no idea why the claim has been struck out as even the defendant has asked for a mediation.

 

They've sent me a copy of their DQ and N244. Nothing yet from the court. I was wondering what's the likely outcome (options) and is there anything I should be doing at this stage?

Cheers

Tonster

 

What order are they requesting on the N244 Tonster...(verbatim)...relief from sanctions?

 

Regards

 

Andy

We could do with some help from you.

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So what is their excuse for BOTH the court and the defendant not receiving it then?

They clearly do not have a clue

 

If they have proof of postage or an email receipt etc the claim will probably get reinstated.

 

If they don't then it will be a lot more difficult and will probably require a hearing.

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What order are they requesting on the N244 Tonster...(verbatim)...relief from sanctions?

 

Regards

 

Andy

 

Hi Andy

 

I can scan up their N244 if you like but literally the order they are asking the court to make (question 3) is 'Re-instate claim'. That's it.

Their answer to question 10 (what evidence will you be using in support) is 'The DQ was sent well before the deadline. We have no idea why the claim has been struck out as even the defendant has asked for a Mediation'

 

That is it verbatim (I know I know)

 

Cheers

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Sit tight until (if) the courts informs you of a hearing.

 

Andy

We could do with some help from you.

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  • 4 weeks later...

Hi Andy

 

 

So a general directions order has arrived today from Northampton :

'The court will deal with the application to lift the stay without hearing under CPR 23.8 ©

It is ordered that:

The application to reinstate the case and file direction questionnaires granted.

Note: This order has been made without a hearing under the court's case management powers contained in the Civil Procedure rule part 3. You may within 7 days of the service of this order apply to the court to set aside or to vary the order under part 23 rule 10. You must file with the court and serve on other parties an application that sets out your reasons for objection. A fee is payable upon filing the application. When your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing.

 

 

Any advice on next steps welcome Andy, is it worth objecting to them re-instating the case? If not, are we back to where we were in terms of DQ's and mediation would be next? If I don't now file an objection is there anything else for me to do or await mediation to be in touch?

 

 

Cheers

 

 

Tonster

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