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    • Whoops........... I think I might have missed that bit off 😆   Here it is in its entire form:   1.    The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011. 2.    In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated.  3.    The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant. 4.    Despite repeated requests for payment, the sum of £716.38 remains due and outstanding.  And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs.     Defence   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.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.  It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant.   Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1.   I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974.   On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.   On the 7th October 2019 Lowell provided a photocopy of an agreement and statement.  They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt.  To date, 23rd October 2019, I still await their compliance.   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement with the Claimant; and b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974 c) show how the Defendant has reached the amount claimed for; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   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. If there is anything that needs amending or changing please let me know. The debt becomes SB on the 23rd Nov, so if I can drag it out to then I am guessing that there is nothing they can do?
    • Hi thanks all off you for your help.   I'm having rest now.
    • I haven't sent my N180 paperwork back to the Court yet (due next week) but Idem have sent me a copy of theirs.   They have ticked 'no' to mediation and have informed me that they're requesting a hold on proceedings for a month so that they can attempt settlement. 
    • just to update, i have received a letter this morning from Arrow Global-   We thank you for your letter and acknowledge your request for documentation pursuant of the consumer credit act 1974. We do not accept that we are the creditor as envisaged by the above statute. However, we are willing to assist in obtaining that which has been requested.We will now process your request for documentation from the creditor and will respond in due course. We confirm that all collection activity will be suspended pending provision of the documents.   So i assume Arrow have not bought the debt and are collecting for either another DCA or indeed the origianol creditor in this case would be Marks & Spencer. not sure to as if this is good news that they have not produced it or bad news they may be going back to M&S,Can anyone chuck some light on it for me   Many Thanks to all
    • Hello. I'm asking a question regarding paying a PPI company. I won't name names, unless anyone thinks it's relevant. My partner made a claim to a PPI company a few weeks before the deadline. He received a letter from Lloyds asking for authority for them to act, which he supplied. A couple of weeks later, rather unexpectedly, he had a letter from Lloyds with an offer, which he accepted. He's now received the payment. In all of this time, he had nothing from the PPI company apart from the odd text, asking him to keep them informed if he heard anything. He scanned the letter with the offer from Lloyds and emailed it to them as requested, expecting them to invoice him, he has no intention of not paying, even though they seem to have done next to nothing. This week, he receive 2 letters from them containing 3 forms in total, for him to complete, checking his details as Lloyds told them there was an error. I've advised him to ignore the form, since he's been paid & is just waiting for them to claim the money from him, and if they're so inefficient, that they ignore emails virtually offering them money, they might forget about it altogether! Is this the right course of action? He's concerned they'll take him to court for not paying, but I don't see how they can, when they've never even asked for any. Any advice greatly appreciated.  
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Hi all,

 

I have had a Notice of Enforcement from Bristow and Sutor claiming that I owe them something in the region of £65 + £75 compliance fee for a Council Tax Debt that I apparently have from an old property that I rented. I always paid by DD and only cancelled the DD after seeing that no payments had gone out for a while, therefore I believed that I was discharged of any responsibilities.

 

Fast-forward a year and I receive a Notice of Enforcement dated 23/8/17 claiming the above figures and that this has been through the courts.

 

How would you suggest that I proceed? If there is a genuine debt, I have no problem with paying it, however, as I had no court papers and no knowledge of this debt then I would really find it difficult to justify any fees.

 

Many thanks.

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The council would have issued a Magistrates summons to the previous address asking you to attend court for an admin process. This is run by the council staff at the court looking to make payment arrangements. If you did not attend a liability order would be noted.

 

On Monday morning you need to phone the council to find out full details of the liability order. Find out what period it relates to. If the tax relates to a period after you moved out, then the council upon receipt of proof you were no longer a tenant at the property, may cancel the liability order and call off B&S.

 

DO NOT leave this any longer. More than 7 days has passed since the notice of enforcement and you may now receive a visit at any time. You do not need to open a door to speak to anyone. It is suggested that you don't open a door and definitely never let them into your property. Make sure there is nothing outside you own such as a car or bike that can be taken under control and sold if necessary.

 

If the council are open today to deal with these enquiries, phone them today to find out the liability order details.


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How would you suggest that I proceed? If there is a genuine debt, I have no problem with paying it, however, as I had no court papers and no knowledge of this debt then I would really find it difficult to justify any fees.

 

As above - all you can do at this stage to get the background is to speak with your local authority . There's a myriad of situations which could have occurred so it's a case of finding out what did actually happen.

 

The local authority are required only to send the paperwork to the last known address, if that was the actual property then all mail will have (correctly) been sent there.

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Hi all,

 

I have had a Notice of Enforcement from Bristow and Sutor claiming that I owe them something in the region of £65 + £75 compliance fee for a Council Tax Debt that I apparently have from an old property that I rented. I always paid by DD and only cancelled the DD after seeing that no payments had gone out for a while, therefore I believed that I was discharged of any responsibilities.

 

There will be a date and time on the Notice of Enforcement by when you need to pay the amount of £140. What date is given? If you fail to make payment by that date (called the 'compliance period', then your account will be passed to an individual enforcement agent and the debt will increase by £235.

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Hi all - the Council had my forwarding address, I have confirmed that with them, yet no post was sent there. They are claiming that the debt exists. As they haven't followed procedure I have put the complaint in formally and they have suspended any enforcement until the 6th of October at least as that is when I should have heard back from the complaint by. There has been nothing taken to court about this in case that makes any difference.

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If you provided the council with a forwarding address when you moved, then it is only right and proper that that address should be the one that correspondence should have been sent to.

 

Please do keep the forum up to date with progress.

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