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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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Tired and Weary

Lowell County Claimform - old BT mobile debt

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this is what im looking at

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Edited by Tired and Weary
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Thread moved to Financial Legal Issues....please continue to post here to your thread.

 

Whats the problem...are you acknowledging service ?

 

 

Andy


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I think my post disappeared whilst edited it.

Im trying to respond to a moneyclaim online from lowells for a bt debt (remainder of a broadband /phone contract)for my son when he was living at a previous address.

 

The debt was for £400 but they are claiming over £500 now.

Is there any way to admit the claim for the £400 but not the extra £130 and do this without having to attend court.

 

The online process is getting me confused .

I know i have to acknowledge service which is over 5 pages but on page 3 it gives two options defend all of claim or part of claim. I thought the acknowledgement was just to say you have received the claim.

 

 

My son has an autistic spectrum disorder and is in his early 30`s. He cant handle money very well at all and he doesnt seem to understand that if he borrows money etc... it has to be paid back.

Any help appreciated.

Thanks

 

Yes acknowledging service but unsure when looking at screen what to do???

I really dont want to have to attend court but would rather admit to the original debt of £400 and offer them £5 a month or ?? But also like to say something about my sons condition without having to go to court.

 

He has amassed about 2-3k worth of debt and we were going t go to the cab and get his debts sorted but this court claim appeared the other day ,he has a habit of putting anything in the bin and ignoring everything.

Edited by dx100uk
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" I know i have to acknowledge service which is over 5 pages but on page 3 it gives two options defend all of claim or part of claim. I thought the acknowledgement was just to say you have received the claim."

 

You also have to submit your plea...hope your defending all....then exit.

 

If we could read the following link and then copy and paste the Q,s and your responses back here so we have all the details of the debt and claim in one post...then we can advise you on how you should be dealing with the claim.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

Andy


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Thanks still confusing but by defending does it mean that we would have to attend court????

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Prob not

Get the link done!!

 

Thread title ameded

Edited by Andyorch
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Possibly...depends if they wish to proceed to trial...90% of this type of claim dont if you defend in full...they discontinue the claim.

 

If you dont defend they get a default judgment for the full amount.....so defending can open the door to mediation or F&FS without trial.

 

If you tell us a little about the debt then we can advise the best course of action.


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Means nothing without the history of the debt ....please just complete the link I have provided


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Date of issue 1st June 2018

 

Name of the Claimant ? lowells portfolio 1 ltd

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? probably ,my sons probably binned it!

 

What is the total value of the claim? £530.52

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? fibre broadband /phone contract

 

When did you enter into the original agreement before or after April 2007? after

 

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. debt collector - lowells

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? most likely but again sons probably binned it. Though may have gone to previous address??

 

Did you receive a Default Notice from the original creditor? probably but again either binned or gone to previous address.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? i dont know

 

 

Why did you cease payments? he moved house and no longer needed the service but under 12- 18 month contract.

 

What was the date of your last payment? according to his credit report on clearscore ,it shows under closed accounts as lowell ,last payment July 2015 ,account opened 17th june 2014. It shows he made 12 payments and missed two payments in Jan-Feb 2015

 

Was there a dispute with the original creditor that remains unresolved? dont know

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? knowing my son , probably not!

 

This is the only thing from lowells ive got which is dated 5 days after the date of the claim which is the 1st june

 

1st june 2018

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Edited by dx100uk
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So if you wish to defend all of the claim....which I advise you do...then now send a CPR 31.14 request (go back to my link).

 

Acknowledge service and enter your plea...you have 19 days from and including 1st June to action this. (deadline 19th June)

 

You then have a further 14 days to submit a defence...33 days in total.

 

There are 100s of examples of of similar defences used in the past with success in the Legal Success Forum.

 

Your defence date will be 3rd July by 4.00pm.

 

 

Andy


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But does that mean having to attend court??

 

Not if your so terrified of doing so...for what reason im unsure...you can defend in absence by submitting the appropriate notice.


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We recently lost our daughter ,i may have mentioned in a previous topic a month or two back so i could really do without the hassle at the moment but if i can do the defence thing and avoid court i would be up for it.

 

As i feel if the judge read the mitigating circumstances of how my sons disorder leads him into debts/agreements without him comprehending the consequences of signing up for these agreements.

 

 

On looking at his credit file ,since his sister died he appears to have taken out several payday loan accounts etc ...... which i knew nothing about until this week. £ are with the same company called Elevate???

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You dont need mitigating circumstances

The dca couldn't careless about that

 

subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.


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Sorry to hear that T&W my deepest condolences to your family.

 

It wont come to that...and unfortunately it wont be taken into consideration...its simply about the debt and you will use the standard defence that we advise.

 

 

Andy


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Yeah i know dca couldnt care less.

He was only in the flat where he took out the bt contract for a few months and i assume the claim is for all the remaining months costs of the service .

 

When our daughter died plusnet tried the same with my wife ,who had to get a contract outon her behalf but undermy wifes name, as my daughter had a stroke and could barely read /write or speak.

 

On complaining about the circumstances plusnet dropped the remaining 10 months fees and closed the account.

 

Thankyou,

 

So do i go through the online acknowledgement of service and tick the defend the whole claim bit.

 

And then send lowells a request for the CCA agreement??? (is that what you mean or something else. ) I can understand this as i havent got any access to any original bt agreement details.

 

Also am i allowed to fill the money claim in on my sons behalf as he would be unable to do this himself? He has gave me his permission to do this verbally.

 

This is where i am now

Capture.JPG

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Here is a n easy to understand guide

 

pop up on the MCOL website detailed on the claimform

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Dont tick...its not applicable to you


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so i dont touch the juristriction part?

So do i type my name in here or my sons and if mine do i tick litigation friend???

Capture1.JPG

Edited by Tired and Weary
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No....unless you reside out of the UK


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Fill it in as your son


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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I should say that i am logged into moneyclaim using my sons details

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I should say that i am logged into moneyclaim using my sons details

 

There is no other way.....you shouldnt be completing it anyway...but needs must.


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Right done under sons name and im now here ,does the time extension happen automatically or do i have to do something else now?

How do i remove attachment as forgot to remove personal details????????

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