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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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New death tax (Probate fees)


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http://www.telegraph.co.uk/finance/personalfinance/tax/12164010/Grieving-families-could-be-forced-to-pay-a-new-death-tax.html

 

I can remember when the Tories complained really loudly with billboard advertising when Labour propsed some form of death tax.

 

Funny how times change.

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Ah, but it isn't a new tax, just a new fee structure paid to the courts when applying for probate. For many, it is going to be a pretty hefty increase from the current £215 (or £155 if done through a solicitor).

 

(*) Under the new proposals, the current threshold of £5,000 will be raised to £50,000. The fees paid will be banded depending on the value of the estate as follows:

- £300 for estates worth more than £50,000 and up to £300,000

- £1,000 for estates worth more than £300,000 and up to £500,000

- £4,000 for estates worth more than £500,000 and up to £1million

- £8,000 for estates worth more than £1million and up to £1.6million

- £12,000 for estates worth more than £1.6million and up to £2million

- £20,000 for estates worth more than £2million

 

Like the spare room subsidy, in the weasel words of the Tories, it is not a tax. But having messed around with Inheritance Tax, the Treasury need to look at other ways of clawing back the lost tax revenue.

 

*) http://www.thisismoney.co.uk/money/news/article-3453232/Relatives-estates-worth-300-000-set-spiralling-probate-fees-wealthiest-facing-920-hike.html

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I have moved this into HMRC - Is it the correct forum ?

 

For taxation issues, yes. But for court fees, General Legal might be more appropriate. Then again, the excessive hike and sliding scale is bound to provoke a range of comments.

 

I'm surprised the government hasn't cottoned on to applying landfill taxes to burials as a way of raising even more revenue from the dead.

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General legal it is then. Perhaps people can temper their comments !! :)

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I will temper my sense of outrage about this in the interests of politeness, since after all it costs the court system much the same to grant probate on a Will of £1m as it does on a Will of £100k, not 10x as much. As the proposed cost is clearly not related to the cost of actually using the service it seems justified to call it a tax, whatever the weasely politicians want to call it. The minister admits that this is "a critical contribution to cutting the deficit" and no doubt has been identified as a tax which is cheap to collect and almost impossible to avoid - the politicians' favourite sort of tax. Having just gone through probate myself I wonder whether this increased charge will improve efficiency? I think I know the answer to that....

 

Something not mentioned is how Executors are supposed to pay this, where they will find the money from? Ultimately it will be paid from the Estate but even if the deceased had the necessary amount of cash in their bank account this often is available to the Executor until after Probate has been granted. Practice varies but many banks will only release funds for funeral costs and IHT prior to Probate. Fronting up £217 is something most Executors could do, fronting up £4k or £8k is another matter.

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Is it odd that we could save 25 million if all mp pay was cut to 40,000 and expenses was cut by 5000 per mp?

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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That other 5% will have already had to sell prior to death in order to pay for their care needs, Ethel !!

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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

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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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I'm surprised the government hasn't cottoned on to applying landfill taxes to burials as a way of raising even more revenue from the dead.

 

Oh no, please don't give them any more ideas !!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

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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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We have nonagenarian parents with relatively small income but a larger house.

Dad was an RAF Sergeant; serving as compass setter for a flight Polish Squadron, during the latter half of the War. But he''s recently gone into hospital, with bowel and other medical problems; and is now quite unlikely to return home.

Mum was a young teenager when she helped London children, being evacuated away from the Blitz; and later taught at Junior Schools until she retired at 65.

She recently endured months of daily cleaning up after Dad; and an old, incontinent dog. She now has to rely on others for transport for hospital visits; as there is no suitable public transport from their village.

This latest TORY TAX on the elderly is a DISGRACE; and will have quite the OPPOSITE effect to the PROMISED preservation of assets, when someone needs to be taken into care.

 

ALMOST TWO-THIRDS OF US VOTED FOR POLICIES OTHER THAN THE TORY SERVICE CUTS AND TAX HIKES;

BUT WE MUST ALL SUFFER A HEARTLESS TORY DICTATORSHIP FOR FIVE YEARS.

Then we'll be offered the chance to revert to the INCOMPETENT LABOURITE FOOLS!

HOW IS THAT DEMOCRACY? GIVE US A BALANCED COALITION ANY DAY!

But we'd need Proportional Representation to get rational governance: like the Swedes, Danish, Germans, or Dutch, etcetera.

And we won't get that until the LibDems are strong enough to bring it for us: so I'll keep on voting LD, and hoping you all do too.

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