This page from Shelter seems to have the answers to some of your questions.
So had your friend left the country without leaving a forwarding address or getting someone to open their post? If they hadn't made arrangements I'm not sure if you can say that the claimants are at fault.
Hi dx, please see below. I don't think I have a defence! 🙄 Don't want to end up having to pay a shed load of court costs on top of what i already owe.
What would your advice be?
Name of the Claimant - Lowell Portfolio Ltd
Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 19th November 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) - 22nd December 2019
^^^^^ 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? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.
Capital One (Europe) plc with reference xxxxxxxxxxxxxxxxxxxx and currant balance of £274
J D Williams & Co Ltd with reference xxxxxxxxxxxxxxxx and current balance of £375
Shop Direct Financial Services with reference xxxxxxxxxxxxxxx and current balance of £1129
Shop Direct Financial Services with reference xxxxxxxxxxxxxxx and current balance of £1490
The agreements were terminated as payments were not maintained and subsequently assigned to the Claimant
And the Claimant claims:
a) The total ot the said sums being £3268
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue but limited to one year being £256
What is the total value of the claim? £3,268
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) I don't think so, I received lots of threatening letters but not sure
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 and catalogues
When did you enter into the original agreement before or after April 2007 ? Not sure
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 - 3 defaults on credit file under Lowell's name
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. - assigned to Lowells
Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure
Did you receive a Default Notice from the original creditor? No
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure
Why did you cease payments? Financial Difficulties
What was the date of your last payment? Around mid 2018
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
Also - as per post #10 - the original cc was given whilst having full knowledge friend was overseas. Can friend now apply to have claim set aside on those grounds?
The 1st Claimant (The managing agents chasing service charge arrears) assumed friend had a lawyer - and sent papers to a lawyer the friend had used once. But lawyer was not instructed and hadn't been for more than 1y. Both claimants, agents and bank, knew friend was overseas and unrepresented.
Background:- Tenant in arrears for two months with no sign of future payments. Notice served and a CCJ awarded.(£1750) Still no payment received so a Attachment of earnings served. Court advised this will be sorted this week after no response from defendant.
In the meantime, the debt has increased to (£3300) whilst I am going through the possession order / warrant and the bailiff process.
Can anyone advise on how to obtain the rest of the debt which by the time he leaves in January will escalate to nearly £4000? is it a case of serving notice and going for another CCJ & AoE?
any help is appreciated.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!