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    • Hi @Andyorch   Some update - I have informed the mediation as suggested and received a letter from court saying they'll be transferring it to local court on 30/10/19.   Yesterday I have received the attached,  I have not received any correspondence from them on the 19th Sept as stated on the letter They have sent through "Reconstituted credit agreement" Seems they had received this from Barclaycard in August but only just sent it through - is this a tactic? Would welcome some feedback.   Many Thanks   T CCA_Respose_Rec_20_11.19_Edited.pdf
    • That's not to say a Firmware update over the 'net couldn't add that functionality later, to allow a remote OFF.  There are issues with connectivity in some areas where they can't install them due to bad mobile signal, the meter uses an onboard SIM to connect so has no impact on a consumer's home internet.
    • This page from Shelter seems to have the answers to some of your questions.   https://england.shelter.org.uk/housing_advice/repossession/what_to_do_when_your_mortgage_lender_starts_court_action/decisions_the_court_can_make   HB
    • So had your friend left the country without leaving a forwarding address or getting someone to open their post? If they hadn't made arrangements I'm not sure if you can say that the claimants are at fault.   HB
    • 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  
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sdys15453

Incorrectly issued liability order on debt I don't owe

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Moved from benefits into a job. Paid around £150 each month for both council tax for current year, and arrears. The council threatened to take me to court for unpaid council tax. I explained my payments covered the whole of the current month's installment, plus agreed arrears at an amount I'd agreed with them. Everything I had paid had been agreed between them and me. The council admitted their mistake and said that - as I thought - they'd just been taking my payment and paying it on this year's bill, meaning nothing was coming off the arrears, but my current year's council tax was paid way in front of the installments due.

 

They admitted their mistake in writing, apologised and said it wouldn't happen again.

 

Problems with Royal Mail meant a lot of my mail went astray, so when it turned up, it appeared I had been sent a Summons, sent to court and a Liability Order granted by the council for my Council tax - all without my knowledge. And even better, all for something I didn't owe. Yes. yet again, the council had been taking my payments, putting it all towards the current year's council tax installments and yet none of it had been taken off the arrears - their mistake again.

 

I wrote to the council explaining what they had done.

 

They replied in writing, apologising for sending me to court, acknowledging they had made a mistake and I shouldn't have been taken to court at all, and that they would not be charging me the court fee. Nice of them!

 

So, what do I need to do next? Where do I complain to? Does the Liability Order I should never have been given, affect my credit rating? Not surprisingly, I am absolutely fuming and have no idea where to go next, what to do, where I stand. Tempted just to ring the local newspaper but want to stick to jumping through the right hoops for now.:mad2:

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Has the LA given you their final letter?

 

If you have exhausted their complaints procedure then you can raise your complaint to the LGO.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Liability Orders are not recorded on your credit file. I would however urge you to get your local Councillor(s) involved - best initial contact is by phone.


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Thanks.

 

I did check if the Council had given me any information on how to make a complaint and who to, in their letter to me, or maybe enclosed a leaflet, but there is nothing.

 

My first thoughts were local councillor or CAB but it's not easy to get contact with either of them.

 

Bazooka Boo: not sure what you mean by a final letter. The latest one from the Council has been the one admitting they made a mistake, and no information as to what happens next and what procedures to follow to find out why this has happened and how to make sure they don't do it a third time to me further down the line. So, I've no idea if it's a final letter or not.

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It'll say if you're not happy with their response then you can complain to xy or z....

 

So it sounds like you've just received a standard 'brush off' letter that they send out.

If you're not happy with their response, then tell them, and tell them exactly what it is you want them to do

to put it right, or ensure it doesn't happen again, cc in your local councillors and MP.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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