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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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Cardiff directions hearings *POST HERE*


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Hi kashie I have just been searching and found this application and also the objection letter shall I both? also I have noticed some people saying that the Cardiff court has waived the fee £35. is that correct?

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hello kashie Help!! I am having some difficulty with this application notice, firstly I cannot paste it to fill it in and it wont allow me to delete the unrequired fields? and also am I supposed to type in 'part C' or attach some copies and what piece of evidence does it require. Am I the only one who doesn't get this??

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olden,

first sorry for not answering sooner, yes the application notice n244 is required and the information for section C is the objection letter so print and attach that. I phoned Cardiff yesterday and was told that they are not charging the fee for the applications at the moment so that is good news.

I don't know what to suggest as for as cutting and pasting is concerned, not brilliant with computers myself, but it may mean you will have to copy the whole thing out yourself! Sorry!!

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Hi Olden, as kashie mentioned .... in section C put see attached documents and list them - you cant copy and paste onto these forms neither can you save the information so make sure you print out a copy for yourself.

Just phoned ccc to see where my letter is - it was sent out on the 7th so I should have it tomorrow... so now off to get my application in - oh happy days!!

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Hello folks!

 

My court date is also the 14th - but being an imbecile and not looking at this site i didn't submit any papers for direction of my claim!

 

I phoned the court, they told me not to worry and that the case had been "stayed" and that i didn't have to submit anything. Also stated that a letter would be sent out confirming the stay - no letter as of yesterday, haven't checked the mail at home today, as i'm in work.

 

Now after reading this site it looks like i might have to attend on the 14th, is this the case?

 

Also what would i need to take with me to the hearing?

 

Please bear in mind i'm an idiot and that you'll have to say it in plain english!

 

All help is welcome and i'll even offer up a cyber beer!

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hi boredom, no you wont be attending on the 14th, when I rang today to see where my letter of stay was I was told that ALL cases for the 14th were stayed. Therefore, expect a letter soon in the post from cardiff court. What you have to do next is fill a N244 Form (links on this thread) and attach the objection to the stay statement (also linked in this thread) let us know if you get stuck on anything

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hi boredom, no you wont be attending on the 14th, when I rang today to see where my letter of stay was I was told that ALL cases for the 14th were stayed. Therefore, expect a letter soon in the post from cardiff court. What you have to do next is fill a N244 Form (links on this thread) and attach the objection to the stay statement (also linked in this thread) let us know if you get stuck on anything

 

Thanks for replying smutley.

 

I've saved the draft for me to complete tomorrow and printed off the N244 when i'll have all my info with me!

 

thanks again

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Hi kashie, smutley and all.!! thanks all done I filled in printed and then crossed out the 'either ors' and I also sent copy to Barclays litigation, yet another 2 recorded deliveries to pay for. I also phoned the court again today because sharon daboul emailed saying that the bank will be attending and requesting a stay of my claim. The court told me that it was the Judge who has already ordered a stay for all the claims pending the outcome of the OFT case. Also that we do not have to pay the fee. When I asked what the maximum time limit for a stay, the clerk did not know.

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you know what, its just not fair have you read.... "Going to court" Dont make me laugh it was a directions hearing today (like ours was supposed to be) in Kingston and the judge was amazing sounds like all claims were settled!! These cases should be held more fairly up and down the country it makes me sick

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thanks for that link Smutley, it's quite reassuring!

 

I've been looking at the 'got a court date' thread and trying to sort out what I might need to take with me (I hope I'm not jinxing my application to overturn the stay:) and it's got a link to 'New strategy for Allocation Questionaires' saying that I should take a copy of 'N149/N150 Allocation Questionnaire' with me. Do I still need to take it even though they went straight to a directions hearing dispensing with the AQ?

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hi 1234debt I think we wont be going anywhere for quite sometime.. I havent received my stay letter yet but have submitted my objection to the stay etc.,.. I was sent an AQ so thats already in for me, but now that the directions hearing is stayed I presume we wait for the outcome of the test case for the next installment....dont think you need worry about an AQ right now. Im just gutted that the Cardiff judge has stayed our hearing and that others around the country are still going ahead, wonder if our judge has shares in barclays, lets just hope he takes notice now of our objections and has a change of heart

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Thanks for the reply Smutley.

Fingers crossed enough people will object and the judge will decide to hear our cases. It's great hearing people do well in their court cases but it's a bitter sweet thing when we were so close! Oh well time will tell I guess.

Thanks for the info and good luck to you!

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you know what, its just not fair have you read.... "Going to court" Dont make me laugh it was a directions hearing today (like ours was supposed to be) in Kingston and the judge was amazing sounds like all claims were settled!! These cases should be held more fairly up and down the country it makes me sick

 

Hi smutley have just read the "going to court" marvellous! what a sensible judge he seems to be down to earth, and where the banks had not shown up awarded judgement as is the law, not as in the Berwick case where Lloyds had not turned up, shouldn't it have been in this case? the judge seemed to be working for the bank!! I wish we could ask the court for a transfer to Kingston !! Also note the claimants who didn't turn up had their claims struck out, I am now a bit concerned, about our case on 14th even though the court have said I don't need to go because the judge has ordered a stay, as I said Barlcays emailed me saying the bank was going to be there to apply for a stay until the outcome, you don't think they could have me struck out for not attending do you ? The cardiff judge is working in the banks favour, just trying to shed the workload?

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I agree, when I read your previous post about the email from sharon.... I did wonder why barclays are going to turn up, but Ive not had my letter yet, does it actually say no need to attend? If it does then I cant see how we could possibly be struck out - it just all seems a bit biased to me on the side of the bank and I dont feel our judge is helping our claims, hes probably never had a bank charge in his life!

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I agree, when I read your previous post about the email from sharon.... I did wonder why barclays are going to turn up, but Ive not had my letter yet, does it actually say no need to attend? If it does then I cant see how we could possibly be struck out - it just all seems a bit biased to me on the side of the bank and I dont feel our judge is helping our claims, hes probably never had a bank charge in his life!

 

no smutley sharon only said they will be attending and requesting a stay of my claim pending the resutl of the OFT case, it was the clerk at Cardiff court who told me there is no need for me to attend? I am suspicious, is the word of a clerk sufficient ? I am even thinking of attending on Tuesday now!!

 

by the way I haven't had my letter from the court about this yet.

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Im totally confused now, I just hope my letter turns up tomorrow.. your right, when I rang the court it was a young clerk who I spoke to and said all cases on the 14th were stayed and no need to attend... but does it not say on the letter somewhere case vacated?

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well if it doesn't come tomorrow, I think we have reason to be worried, I think I will wait for the post and if nothing turns up, will ring the court again, we need to see the wording of this letter, I will ask them if they can fax it to me? I have now emailed sharon asking her why she told me that Barclays will be requesting a stay of my claim, when the court has informed me that the Judge has already ordered a stay on all the claims for the 14th. This way, they shouldn't be able to do anything if I didn't attend?

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sounds like a good plan, if my letter doesn't turn up tomorrow I will ring the court as well to clarify, let me know if sharon replies to your email as well. If we dont get a satisfactory response I think we should be prepared to attend on Tuesday - we've come this far and I'm not going to jepordise my claim just because of hearsay of a letter!

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I have rcvd my letters informing me of a stay, can somenone please help as what to do next, and do i have enough time as hearing is on 14th, i lost my job recently and really need the money, i have 2 claims against barclaycard (credit cards). what happens is the judge lifts the stay, do you have to wait for another court date?. many thanks

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