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    • I have read through a number of similar threads, but one thing i'm not sure how to proceed about is that I live abroad in the middle east and have done for several years. The claim letter was sent to my parents address and I really don't want them to be harassed about this. I am sure I sent the original creditor a registered letter with my change of address but can't find this currently. I am not in a position to pay this, and tend to come back to the UK to see family at most once a year (less since Covid), so not particular bothered about my financial score...more concerned about harassment of my parents. I have not registered on the gov gateway or anything like that.  Details below (as best as i can), and thank you for taking the time to look into it. Also redacted claim form attached: Which Court have you received the claim from ? Civil National Business Centre (Northampton) If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant ? PRA Group (UK) Limited   How many defendant's  joint or self ? Self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 23/5/24   ^^^^^ 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   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)  if your defence filing date falls on a W/End, you must file by friday @4PM Tues, 11/6/24 (19 days)  Thurs, 25/6/24 (33 days)   Particulars of Claim   What is the claim for – the reason they have issued the claim?  The Claimant claims the sum of £7926 for an outstanding debt owed. On 20/4/18 the Defendent entered into an agreement with Lloyds Bank for a Credit Card under reference [16 numbers]. On 10/5/22 the Defendant defaulted on the agreement with an outstanding balance of £7296. On 28/11/23 the debt of £7296 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. The Claimant has instructed PRA Group (UK) to act on its behalf and the CLAIMANT CLAIMS 1. The sum of £7925   What is the total value of the claim? £8481 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? I believe I sent a letter by registered mail of a change in address to abroad in 2021. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card   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 ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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 purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not personally - probably sent to my parents   Did you receive a Default Notice from the original creditor? Not personally - probably sent to my parents   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not personally - probably sent to my parents Why did you cease payments? Unable to afford, living abroad   What was the date of your last payment? Unsure (probably 2021)   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     Claim form 23-5-24.pdf
    • While we wait for someone to explain how farage is any better than sunak  .. if not worse   One of many likely upcoming belly laughs   Reform chairman Richard Tice has accused the Tories of (reform like) “dirty tricks” after one of his party’s candidates withdrew his papers to stand at the last minute and endorsed former cabinet minister Sir Gavin Williamson. In a dramatic final 24 hours before nominations closed there had been fevered speculation that as many as six Tory MPs and other candidates could defect to Reform after Nigel Farage decided to stand in Clacton and become leader. But instead no Tories switched and Tom Wellings, the Reform candidate for the new seat of Stone, Great Wryly and Penkridge in Staffordshire, quit and put out a statement endorsing Sir Gavin.   Who does he think he is an Anderson, a Carswell !!! was heard at the reform HQ pub ... as Candidate brushed aside by Farage in clacton to run as an independent    Tice accuses Tories of ‘dirty tricks’ to persuade Reform candidates to stand down WWW.INDEPENDENT.CO.UK Exclusive: A furious row has broken out after a Reform candidate’s last minute defection to the Tories   :ROFL  
    • See what you think of the attached. I have to do some proofreading of an English grammar book for an Italian publisher this weekend - for money! - so I'm afraid corrections and suggestions will come in dribs & drabs.  I've totally knackered the layout, the numbering and the order of your Exhibits but there will be several versions done so don't worry about that ATM. Your arguments are superb. What is less superb is the way you jump from one to the other and back again, so I haven't changed your words, but I have moved the paragraphs around and given each section a heading. New bits are shown in red. Crossed out crossed out in black is something you've quoted from the government Code of Practice, but that has since been withdrawn so unfortunately that argument has to go. Your paras 7 & 8 don't harm your case but to me are waffle and can go.  Keeping the arguments clear & concise will always impress a judge. IMPORTANT - did you ever send Simple Simon a CPR request?   Defendant's WS - version 2.pdf
    • Björn Ulvaeus appeared on stage in East Yorkshire at a conference held at the Bridlington Spa.View the full article
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      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Marlow vs Nationwide


Rachel27
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rachel

 

The process is

 

Prelim letter...14 days

LBA...14 days

 

After that court papers. Don't do this in less time, because they can claim that you have not given reasonable time and the times stated are deemed adequate:)

 

Varangian Guard

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  • 2 weeks later...

Hey there

Thanks for the great link, am also about to submit a Lloyds TSB N1 so that was really useful for both the addresses.

Good Luck with your claim, I am very nervous about this part.

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Rach

 

Follow my thread, and PM me if you want to speak.

 

You can usually find me in the chatroom late at night, where there are usually a lot of helpful people to advise you in real time and to chat to:lol: . Its a very friendly place.:grin:

 

regards

V3

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  • 4 weeks later...

You'll probably receive a Notice of Issue from the court next week.

 

K.:)

Kelly

Settled: Nationwide £372.55

Before you do anything read this:

Guide to Reclaiming Bank Charges

 

Most questions can be answered by checking out these links:

Frequently Asked Questions

Step by step instructions

Letter Templates

And don't forget to use the search facility! Chances are your question has already been answered on another thread. Good luck

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  • 2 weeks later...

I have now received notification from the court that the Nationwide have until 4th of June to defend my claim. Does anyone know what their current "standard practice" is once they received these claims?

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Today is the 5th of June, I called the Court and Nationwide have not defended my claim, therefore I have asked for a judgement to be made. Fingers crossed that it will go in my favour - anyone else at this stage, contact me and let me know how its going/went please.

A donation heading its way over the CAG if I win as I couldnt have got this far without this site.

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rachel, there are few threads that advise you dont ask for a judgement straight away. This is because the banks are known to try to get stays which can drag the whole process out for longer see here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

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Oh no, I had already sent this off before I read the above thread! I will have to see what happens now as its out of my control at this point! How cunning are the banks using this as a way to drag your claim out!

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OK I have read through the thread and I am not going to panic... yet! I will wait and see if what the judgement is and if the Nationwide request for it to be set aside to give them more time to defend. The worst that can happen at this stage is that Ive given them more time to hold onto my money - well hopefully anyway!!!

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RACHEL, when i rang the N.Wide up last week to find out what was happening about their defence, they told me that they leave it till the last couple of days before deadline as they are too busy. However, you could alwys ring up the court. Some of them are quite helpful. And they maybe able to tell you what and whether theres a defence filed.

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Well I did call the court and they said that a defence hadnt been filed which is why I asked the court to make a judgement. However...... came home today to a letter from NW saying that they had paid all monies in full into my account, thats the charges, court fee and 8% interest. Yippee Ive won, ive wonm

Moderator - please move my thread to a success story and also advise where i donate to.

Thanks to everyone who helped me, I couldnt have done it without this site.

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