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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt 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 ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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 assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  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
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Need Some Advice Please.


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Hi,

 

I am just bumping up my last post really (I could not possibly type out their defence as computer is playing up and get cut off after a while).

 

Could I ask again whether this is just a standard defence and what to do next please.....

 

THANK YOU

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Guido, Thank you so much!

 

Mine is exactly the same as yours to the last letter......However, there is a large section in mine that is not in yours......I shall try to type quickly.

 

`Furthermore, the Claimant appears to be misconceived in that the Claimant is seeking a refund of oeverdraft interest, There is no claim for refund of the authorised rate interest as it is contractually due and is a core term of the agreement between the bank and the claimant. As such, the defendant denies that they are indebted tot he claimant for the sums claimed under this heading. The defendent will rely on the case of Emerald Meats (London) Ltd v AIB Group (UK) pLC (2002) EWCA Civ 460, which is authority for the proposition that a customer entering into overdraft arrangement could expect to pay interest ont he basis of the standard practice adopted by the bank.

 

I find this puzzling because I have not claimed for overdraft interest as such.......

 

Unless perhaps, they have misunderstood me in that I mentioned they had actually taken a huge amount for actual overdraft interest, service fees, etc etc.....(to make a point that these were valid - and heaven knows I had paid them enough anyway...) but I was only claiming back `penalty charges and interest incurred on those penalties.

 

I am a bit confused....are they maybe adding this section into their defence of late perhaps....has anybody else received a defence with this included????

 

Anyway - many thanks again Guido...Do I just hang on to hear from the court now?......I will go back to your thread and have a good read - see what I can glean...

 

THANK YOU!

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PS - Guido, Just read your thread - Heavens above (being all dramatic now!) that is all way above me!!!

Loads of good luck....you deserve absolutely to win.

 

Guido, I know that I sound thick - but what do I actually do now at this stage??? :idea: :rolleyes:

 

(At least you know what you are talking about!)

 

I don`t have a clue!

 

All the very best - I will keep up with your thread now - waiting to congratulate you.

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This is what I actually put in my LBA to them regarding the amount claimed.

 

`I calculate that you have taken £*** plus £*** which you have charged me in overdraft interest for the sum which you have taken, amounting to £***. I am also requesting, due to principal of mutuality and reciprocity, contractual interest of £*** - making a total of £***

 

They must know that I am not requesting back overdraft interest per se....They must know that I am asking them to pay me interest on what they took from me.

 

I would be most grateful for any help please.

 

Many thanks - sorry for being a pain!

 

PS Please see post (couple up) of what they have said regarding this......Thank you.

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Minty, it does not take too long. Don`t be `scared` Your claim might clear that outstanding debt you have with LTSB with some over for you.

 

I am always fumbling in the dark here and if it were not for this site I would not have had the courage to put in my claim.....

 

Photoman did put a link on one of my threads that has the A-Z of any difficulties...I am just going to have a look now myself....You might want to take a look too if ever you get stuck.

 

Good luck and do post whenever you have a prob...I am pretty useless myself but there are always knowledgeable people here to help...You might want to start your own thread which might be more helpful to you.

 

All the best

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I have had a good read around.....Do I just wait for an allocation questionnaire from court now?

 

Am I right in thinking this costs another £100

 

Thank you

 

I see what you mean photoman - This is certainly no `walk in the park`.

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Nope,

 

It's no walk in the park...... but there are some good wardens to point you in the right way !!

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

Best of luck to all.

 

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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  • 3 weeks later...

Hi,

 

Could I just ask about something that has been nagging in the back of my mind.

 

If LTSB have issued a defence - I received a copy on the 8th June....does this mean that I do not have to fill in the bottom half of the notice of issue sent to me ages ago......I am thinking that you only fill in the request for judgement if they have not responded......also why does this take sooo long?

 

I have to sort out my `court bundle`- why have I read that you need about 200 sheets of paper or copies of things...that sounds such a lot of stuff....

 

Something else that has been nagging the back of my mind....I did not send copies of the actual spreadsheets - I just listed the dates the amounts charged and reason etc.....is this okay?

 

Is there any way we can hurry things along at all?

 

Sorry to sound stupid.....many thanks.

 

Best wishes

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Hi

No need to fill in the bottom part, this is for when they don't acknowledge/enter a defence.

There is no problem with you not sending the spreadsheets, your list sounds fine.

Give the Court a ring on Monday, see if they can tell you what is happening with your claim.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Barty hi,

 

Thank you so much for your helpful reply - I can get rid of those nagging doubts now and will give the court a call on Monday.

 

Thanks again - much appreciated.

 

All the best

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Today I received something from the court....it was a Notice of allocation to the small claims track (hearing).

 

It just says that district judge thomas has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at 11.00 on the 6 September etc etc etc.

It also includes a notice of trial date.

Is this it for now? - does this just leave me to get my court bundle together?

Very many thanks - 6th September though!!

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Christina - Yes it does. Thanks for your response.

 

Guido - there were two sheets one was simply `notice of trial date`

the trial of the above claim will take place at 11.00 am at Bromley County court

Any application in the case must be made to the court where the case is to be tried.

Please note - This may be released to another Judge, possibly at a different court.

 

The second sheet was `Notice of allocation to the small claims track (hearing)

District judge Thomas has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track.

The hearing will take place at 11.00 on the 6 September at Bromley County Court. and should take no longer than one hour.

The court must be informed immediately if the case is settled by agreement before the hearing date.

Each party shall deliver to every other party and to the court office copies of all documents (including any expert`s report) on which he intends to rely at the hearing no later than 14 days before the hearing.

The original documents shall be brought tot he hearing.

 

Guido - I did not fill an AQ - I have heard nothing from [problem] other than the court sending me a copy of their defence......With wonderful help from Elsinore I have corrected scams assumption that I claiming back all of my authorised overdraft interest - and infact this letter from the court seems to be almost a return of post from the letter I sent them correcting scams presumption.

 

Is any of this anything to worry about at all.

 

Many thanks

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That order is nothing to worry about, normal stuff.

 

You need to prepare a bundle:

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

If you PM me your email address I can send you this:

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-53.html#post925834

 

Best to prepare now and get in soonest.

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