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    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
    • Hi   Just to be clear a Tenant cannot refuse to pay rent after they have signed your Tenancy Agreement for the property irrespective if they are claiming no hot water for xx weeks especially when you have evidence to the contrary.   As they are now 2 months in arrears they have breached your tenancy agreement and you could go down the section 8 route for the rent arrears to evict your tenant and the letting agent you employed should be fully aware of this.   The hot water issue sounds more like the tenant didn't have a clue how to operate the heating system within your property   Has the Letting Agent informed this Tenant about the rents arrears and their Guarantor who would also be liable for the rents arrears?   Now the Tenant that wants to leave early as there is no 'Break Clause' in your Tenancy Agreement signed they would have to negotiate with you the Landlord to leave early as they are then in breach of that signed Tenancy Agreement.   Now before doing any of this is they have paid a Deposit it should be protected in a Tenancy Deposit Scheme and they should have been give a copy of that deposit schemes prescribed terms.
    • So a bit of an update as I haven’t posted for a while   I have received a court date of the 14th of Feb 2020 (maybe they will take me for a nice meal afterwards?) so I am starting to prepare my witness statement.    today I have received a letter from BW legal in response to my CPR letter yet again ignoring the fact that their T&Cs do not cover double parking. They are also now starting to hint that I was parked out of the bay yet the images provided on their evidence of the three tickets they are claiming for don’t evidence this as they are such bad quality.  stapled to the back of this is another letter. As a “gesture of good will”, the client is offering an out of court settlement figure of £500 payable in the next 5 days. Me thinks they are starting to realise they may not have a leg to stand on here!
    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
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Cabot/? claimform - old next store card debt

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I received a Claim form after sending two CCA requests, although the second one was sent a day after a county court claim was issued to me.

 

I didn't receive a reply from the first CCA I sent in Oct 2015 and haven't heard anything from the second I sent on 16th May.

 

 

The Claim form is dated 15 May

 

The particulars of Claim are;

 

By an agreement between Next Directory & the defendant dated 31/07/2006 ('the Agreement') Next Directory agreed to issue the defendant with a credit account. The defendant failed to make the minimum payments Due & the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1. 3565.71

 

The total amount is for £3830.00

 

Thats it.

 

I've filing my defence now online but unsure what to put in the state your defence box....

 

Appreciate advice guys

 

Thanks PB

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you don't need to file any defence yet!

 

 

not due for 33 days from that date.


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can you do this out please

so we have all the correct info to advise properly

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**


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Follow the advice above and fill in the form at the link which DX is posted for you.

 

However, don't file a defence yet. File an acknowledgement and this will give you the full 28 days to fund the defence. That will give you easily the 12 days required for this CCA to be provided to you. If it doesn't arrive then your defence will be clear – that the alleged debt is denied and that in any event they have failed to provide a copy of the CCA despite your statutory request.

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Name of the Claimant ? CABOT FINANCIAL LTD

 

Date of issue 15 MAY 2017

 

What is the claim for – the reason they have issued the claim? PARTICULARS OF CLAIM;

 

1.BY AN AGREEMENT BETWEEN NEXT DIRECTORY & THE DEFENDANT WITH A CREDIT ACCOUNT. THE DEFENDANT FAILED TO AKE THE MINIMUM PAYMENTS DUE & THE AGREEMENT WAS TERMINATED. THE AGREEMENT WAS ASSIGNED TO THE CLAIMANT.

THE CLAIMANT CLAIMS

1. 3565.71

 

 

What is the value of the claim? £3830.00

 

Is the claim for - catalogue

 

When did you enter into the original agreement before or after 2007? I'M NOT SO SURE ON THIS, I THINK IT MIGHT HAVE BEEN 2007. IVE HAD A LOOK ON MY CREDIT REPORT BUT FOR SOME REASON ITS NOT SHOWING ANYTHING BEFORE 2017.

 

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. CABOT

 

Were you aware the account had been assigned – YES I RECEIVED A LETTER INFORMING ME

 

Did you receive a Default Notice from the original creditor? YES

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? CANT SEE ANYTHING WITH THAT HEADING, HAVE RECEIVED STATEMENTS THOUGH

 

Why did you cease payments? COULD NO LONGER AFFORD TO PAY

 

What was the date of your last payment? DEC 19TH 2014

 

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 planicon? I SENT LETTERS SAYING I WAS SUFFERING FROM FINANCIAL HARDSHIP BUT THEY ONLY WANTED TO TALK VIA PHONE, SO NOTHING GOT ARRANGED.

I sent the CCA on the 16 the May and as of today I haven't had a response.

 

I did file an acknowledgement as advised.

 

Should i now file my defence or wait until next week?

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you wait till date 33


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ok, so that will be 33 days from the issue date 15th May which will be 16th June.

 

Also in case it makes a difference I managed to find when I entered into the original agreement and it was on 31/07/2006

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I won't have too much time tomorrow so just want to make sure that my defence is checked here before I submit it.

 

 

I used my previous defence for another claim but unsure how to amend it for these Particulars of Claim, I thought maybe just deleting point 3. as they don't mention a default in the Claim?

 

 

The Claim form is dated 15 May

 

The particulars of Claim are;

 

1.By an agreement between Next Directory & the defendant dated 31/07/2006 ('the Agreement') Next Directory agreed to issue the defendant with a credit account.

2.The defendant failed to make the minimum payments Due & the Agreement was terminated.

3.The Agreement was assigned to the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS 1. 3565.71

 

 

 

#####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 Next 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 have not 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. On receipt of the claim form, the Defendant 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 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, but has stated a general extension of time to retrieve the documents, 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 Defendant 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 Procedureicon 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.

Edited by dx100uk

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So after filing my defence on the 16th June this arrived in the post today:

 

We have received your defence and acknowledge you request for documentation pursuant to CPR 31.14

 

In response to your defence stating the particular of the claim are vague and generic, we find that the particulars provide sufficient details to enable you to establish the subject matter of these proceedings.

 

Following your request pursuant to CPR 31.14, this relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings.

 

We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor.

 

We would be grateful if you could confirm what documents you have in your possession or control relating to this matter to avoid duplication over inspection. We will then take our client's instruction.

 

Yours...

[/color]

So my interpretation of this letter is that they have nothing. Should I reply or just ignore?

 

Thanks

 

PB

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Template response to all defences...on all the CAbot threads....ignore


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OK thought so, thanks Andyorch

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