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    • Name of the Claimant ? William chapman   Date of issue – top right hand corner of the  claim form – this in order to establish the time line you need to adhere to. 14 May 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) -  1st June I think ^^^^^ 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?  The claim is for £4000 relating to unpaid charges for energy supplied by the claimant to the defendant, and set out in an invoice date 26 June  2017 full particulars of which have been delivered to the defendant. And the claimant claims any further arrears that may have accrued and become payable since the commencement of these proceedings. And the claimant claims interest on the sum due pursuant to section 69 of the county courts act 1984 from the due date to the date of issue at 8.00% per annum being £630 and further interest on a daily basis until the date of judgement or sooner payment at a daily rate of £0.91p. The claimant claims (1) the sum of £4000, (2) interest of £630.00, (3) continuing daily interest at £0.91p.   What is the total value of the claim? £5100   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? I received a letter before action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes, but they were aware of this and have had my address from the day I moved   Did you inform the claimant of your change of address? Yes Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   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 ? Probably phone    Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Only on one of them   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. im not sure   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? Not that I’m aware of   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No   Why did you cease payments? We got into financial trouble, for behind, made an agreement to pay, which we did, then they increased the payments a lot and I couldn’t afford the new payments, and then we moved and our supplier changed   What was the date of your last payment? I don’t know   Was there a dispute with the original creditor that remains unresolved?   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan sort of yes, as part of our monthly payments, but they broke down shortly before we moved. I can’t honestly remember a great deal about it all as it’s a few years ago and I was regularly in and out of hospital at the time
    • Question guys -   If the alleged loan was applied for online and a "digital signature" was used to complete the application, what then constitutes an original CCA as it won't be like a paper based one that has a 'wet' signature.    As Lowell appear to have a copy of the online application what would they be expected to bring to court and would the document they have be enough for them to win? Or am I missing something in my knowledge on this?   Thanks.
    • couldn't see anything for southwell street that relates to TPS on the planning portal. Have asked them to call me back. Thanks for the info by the way.
    • @fkofilee thanks that’s definitely what I intend to do 😁. I Would just like to know if there is any course of action to stop them from spamming me with letters/emails in the future?   @dx100uk I know you are just trying to help however I think you have misunderstood. I have only dealt with them via post. They replied to me via email which I assume they have from when I signed up for the gym originally, which is why I stated I had yet to receive any further postal communication. I hope that clears up any confusion.
    • Hello i was hoping someone might be able to give me some advice please. It’s a bit complicated, but I’ve ended up with a claim form and I’m terrified.  I moved house two years ago. At my old address I was with npower. I lived there for 3 years. We had some financial issues and we were in arrears with npower, but we also were making some payments to them, as agreed with them. When we moved, I had health issues (problematic pregnancy)  and was in hospital a bit and I don’t straight away try to resolve the npower issues. I heard no more from them u til just over a year ago when I got a letter from William chapman solicitors, it was demanding over £4000 from us for npower. They said they’d sent me an incoming and outgoing letter which I hadn’t received, so they emailed me a copy, I sent it back to them and heard no more from them and didn’t chase them. I then received a letter before action a few weeks ago and I now have a claim form from them, dated 14th May. I don’t dispute that I owe npower some money, but I have no idea how the bill can possibly be as high as they’re saying. Even if I hadn’t paid at all for three years that would still be a high bill, but we did pay, even though I know there were arrears. I don’t know how to proceed at all. I can’t afford to pay them over £5000 which they now have the bill at, and I also can’t afford to get a ccj. I’d like to come up with a payment plan but they didn’t respond last time I sent them one. I’d really appreciate any advice please!  
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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
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    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
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    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
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    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
        • Like
      • 0 replies

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Posted (edited)

Hi all, first time poster so please bear with me and i will do my best to make sense.

 

I moved in to my current property in October,

in December I received two letters regrding non payment of council tax for my previous property informing me that a liability order had been made against me in June 2016 and June 2017 and that all there efforts including council enforcement officers had filed and they was looking at getting an attatchment of earnings.

I ignored the letters as i was happy for them to have an attatchment of earnings.

 

After speking with my work I discovered that an atttchment of earnings for both the letters had been obtained (and sure enough money was deducted from January so all well and good I thought)

 

However when I returned home yesterday there was a "control of goods" letter through my door (the letter is dated a week agao)

- hand delivered (plese see attatchment)

 

I called the council and this is wht i have discovered

- I have 5 liability orders against me!

 

2014 (attatchment of earnings)

2015 (attachment of earnings)

2016 (set monthly plan up)

2017 (set monthly plan up)

2018 (Newlyns) liability order June 18

 

I am told for the Newlyns I have to deal with them directly.

After doing some reading I believe I should of received some form of correspndance from Newlyns before a control of goods letter ie notice of enforcement etc

 

obviously with the letter through my door it has more than doubled the amount of the originl debt.

 

I know not to let them in and they cant take anything etc

(Only have my partners car on the driveway which is registered and owned by her fathers business)

 

I am hoping for some advice on what to do now regarding the Newlys letter

 

Sorry it was long winded,

I was trying to give as much detail as I could

 

the debt is for a property I lived at on my own and I have only lived with my partner since November 2018 in a new property

- not sure if that is relevent but thought i best add it

IMG_20190109_123907.jpg

Edited by dx100uk
merge

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as you've so many it might be a mute point but..

are the council aware of your correct address?


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yes, as the council letters in December are ddressd to my current ddress

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Is the address you live at now the same as the address Newlyn have for your unpaid Council Tax?


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Newlyn posted the letter to my current address

 

the letter has my current address on it in the top left and the "property detials" for the debt are my previous address (which is where the debt is for)

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In that case the Notice of Enforcement has gone to your old address and they have traced you to your current one/


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would i be right in thinking that due to them tracing me to my new address tht that proves they havent given me notice of enforcement, as in, if they found out i hve new ddress then they cnt argue they unknowingly sent it to a previous address and tht notice of enforcement is still valid?

re they not in breach of the following?

 

 

Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

 

(1)An enforcement agent may not take control of goods unless the debtor has been given notice.

 

 

 

Regulation 6(1) of the Taking Control of Goods Regulations 2013 states;

 

 

 

Minimum period of notice

 

6.—(1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor’s goods

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sorry my A button is somewhat tempramental as you can see

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traced you afterwards when they got no response


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should they not have sent a notice of enforcemnt or some other form of correspondance to my new address (which they clearly have) before just turning up with a control of goods letter?

 

whats my options regrding this

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If they didn't know your new address than they are OK sending correspondence and bailiffs to your last known address.


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Eveidently they know my new address as they posted a control of goods letter through the door yesterday (dated 3/1/19)

So surely tracing me to my new residance means they have that address to send correspondence to given a lack of reply frok correspondence that may have sent to previous address.

Seems to me they've just rocked up and posted a control of goods letter through the door and that's all I have and the letter itself looks like a template I could knock up.

 

So I have no options as they've followed the correct procedures even though this is first contact I've had from them?

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the notice of enforcement is sent to the last known address that the council had for you.

that gives you 7 days to do 'something' else its £75 fee is added to the debt.

 

then without a response they will trace you and pers serve the above that costs £235 = total fees they can add is £310


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The above info is incorrect.

 

The council are only obliged to send correspondance to your last known address.

 

However, the bailiff must send correspondance to your present address. Until they have served a NOE to your present address and given you seven clear days, they cannot move onto the enforcement stage.

 

Can you confirm whether a NOE letter with a £75 charge has ever been sent to your present address?

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The only correspondence I have had from Newyn is the control of goods letter through the door yesterday nothing else (except a text tonight saying "You IGNORED our Removal Notice the REMOVAL UNIT is operating in **** ***. Call NEWLYN NOW on 01604633001 to arrange. Ref: *******")

 

I had two letters in December to my present address from the council so they obviously have this address as my last known address.

 

The charges must total £353.43 as that is the difference between what the council told me the debt amount is and the total on the newlyn letter

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In that case the bailiff cannot charge the £235 enforcement fee. My suggestion is to get on to the council tomorrow, explain that the bailiff has added the enforcement stage fee without giving you a notice of enforcement. You suspect that they sent it to your previous address but legislation is clear in that it must be sent to your usual address. The legislation is the Taking Control of Goods Regulation 2013 part 8(1):

 

8.—(1) Notice of enforcement must be given—

 

(a) by post addressed to the debtor at the place, or one of the places, where the debtor usually lives or carries on a trade or business;

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Thanks, i will compose some dort of letter for the council.

I am however concerned this baliff will rock up when I am at work and my partne/kids are home.

 

Can i mke the baliffs bck off given the situation with the letters or lack of letters etc

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Hide any car, keep all doors locked and tell your wife not to let the bailiff in he might claim he as a right to force entry, not so for Council Tax.


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i will also compose a letter for newlyn pointing out the lack of NOE meaning the control of goods letter is invalid/unenforceable (isn't it?)

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From elsewhere:

Different enforcement address

 

If after an initial attendance, the debtor is found to have moved to a different address, enforcement can take place at that address, provided a new notice of enforcement (NoE) is sent to the debtor there.

 

If the creditor has reason to believe that the debtor may have moved, it may be worthwhile undertaking a trace before starting enforcement action, so that the NoE is sent to the correct address first time round.

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well bottom line is no NOE has ever been received at my current address and thats the basis of my letter bsically

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barking up the wrong tree...

 

as I said..

 

With council tax enforcement, a local authority are required to use the 'last known' address.

Did you notify the local authority of your forwarding address when you moved in october?


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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the local authority which i assume is the council wrote to me at my current address at the beginnin of December.

Newlyns posted by hand a letter 8th January (dated 2nd january)

 

As i registred on the electrol role and registered the council tx for this property in October I assume that counts as informinmg them of my forwarding address.

 

I don't understand why they can claim its ok to post the NOE (IF THEY DID) to my previous address when it is clear they both have my bew address as they have both used it to deliver correspondance

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good you have proof. [assuming current and then councils are the same?]

now use it to your advantage.

poss even a complaint straight to the council ceo if your council ctax dept is run by capita .


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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forgive my naivity but a complaint about what exactly?

tbh i thought i would need to contct newlyn as a priority given tht they have said they will return and i dont wnt the kids scaring etc

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