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    • you IGNORE THEM. stop being had blind nothing anyone can do to you. dx  
    • Which Court have you received the claim from ? Name County Court   MCOL Northampton N1 ?yes Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? Yes 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 ? Give answer here Lowell How many defendant's  joint or self ? Give answer here Self 1 Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here 08 may  ^^^^^ 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     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. state how many digits the account number has.. Give answer here  the claim is for sum of 1650£ due by the defendant under an agreement regulated by the consumer credit act 1974 for capital one account with an account reference of xxxx tge dependent failed to maintain contractual payments required by the agreement and a default notice was served under s87(1) of the consumer credit act 1973 which has not been complied with the debt was legally assigned to the claimant on 18/03-21 notice of which has been given to defendant  the claim incudes statutory interest under s69 of the county court act 184 at a rate of 8%per annum from the date of assignment to the date of issue of these proceedings in the sum of 132£ the claimant claims the sum of 1782£   What is the total value of the claim? Give answer here 1977£ Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Give answer here Not sure  received a letter on 24 march stating Letter of claim- you have 30 days to prevent legal action Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give answer here No Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give answer here Credit card When did you enter into the original agreement before or after April 2007 ? Give answer here After Do you recall how you entered into the agreement...On line /In branch/By post ? Give answer here Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Give answer here 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. Give answer here Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Give answer here Unsure Did you receive a Default Notice from the original creditor? Give answer here Unsure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here Not that he recalls Why did you cease payments? Give answer here Lost job What was the date of your last payment? Give answer here Feb 2023 Was there a dispute with the original creditor that remains unresolved? Give answer here No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here No What you need to do now.    Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) (except for Overdraft/ Mobile/Telephone accounts)   Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts   Request 1 - Loans/Credit Cards     Request 2 - Current Accounts     You may use a CPR part 18 request for any other information (not request documents) that you might require in order to defend yourself. Please note that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.   If you require CPR Part 18 - this will need to be drafted specifically.   If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form   If you are considering making a partial admittance N9b must be completed and returned to the court. Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.   You have received a Claim - What you need to do.pdf1.33 MB · 241 downloads     Before Printing the PDF TIP   If you DO NOT wish to print Page 1 (Cover Page) of the PDF, please ensure to do the following:   Ensure you go to your Printer Settings and set it to 'Print from Page 2' (this way Page 1 (Cover Page) should not print out).   Note: This will save you Ink & Paper    
    • 3 threads merged for complete history of your debts. i suggest you re read from post 1 again. what are you doing still blindly paying a DCA on a historic debt?  
    • Hi, I have an old outstanding debt from 1994 due to MBNA for £20,000. The debt has been passed to various DCAs and is currently with PRA Group.  I sent them a CCA letter in January 2024. They acknowledged this letter and stated they would come back when they had more information, however the information did not arrive within the 12 working day scenario.. I have just received a copy of the agreement which goes back to 1994 from them. In their response letter they have stated " Please find enclosed documentation received to date: we are waiting further documents in order to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court or further action against you to recover the outstanding balance". They then go on to state "we are still legally entitled to:  1.Contact you to ask and repay what you owe 2.Pass your details onto a third party collection agency 3. Continue to report your account with the credit reference bureaux (as appropriate)". I'm at a loss as to what I should do next and would appreciate any guidance on this matter. I am currently paying £5.00 pcm. TIA      
    • A sinister tactic known as shoulder surfing is on the rise in the UK. Fraudsters are watching unwitting people log in to their mobile banking apps over their shoulder.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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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Can they do this???


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Hi all,

I have recently claimed 325.00 bank charges back from smile.

They repaid no promlems, all fine there you may think? well so did I!!

I then transfered all my D/D payments and my wages transfered in to this account.

THEY then cancelled my overdraft online ( I was away ath the time and couldn't check the internet banking site) wich caused me to go £31.12 overdrawn for 20 days!

They applied charges of 315.00 I wrote to them explaining the situation. asked that hey increased my overdraft temporarily until the account was fully switched. They said no to both!!

I then advised that the account would not be overdrawn for long as my husband is paid weekly.

THEN I GOT THIS LETTER TODAY:

 

 

"Dear *****

In view of the conduct of your account, all standing orders and direct debits, with the exeption of any payments to us, have been cancelled.

 

It is essential that you phone us as a matter of urgency on 08456003550 so we can discuss the situation in detail.

Any of our advisors will be pleased to assist you. We are here between 8.00am and 7.00pm Mon- Fri and Saturday 9.00am to 1.00pm In the meantime DO NOT make any further withdrawals on your account.

 

Overdrafts not agreed by the bank are subjuct to our unauthorised overdraft charges as published in the Banks tarriff of charges.

 

We look forward to hearing from you shortly.

 

Yours

 

Judi Dicks

Customer services manager."

 

In the same post I received notification that my 2 mortgage payments had been cancelled!

 

I arrived home from work too late to call these clowns and wondered if anyone had any advice before I call them tomorrow??

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I have had a similar thing happen to me - Smile told me they had cancelled my direct debits and standing orders as some of them had bounced which had made me go overdrawn. I negotiated with them to give me a 3 month 'probation period' where I would demonstrate to them that I could manage my account and that it would not go overdrawn or have any direct debits bounce. I did this for 3 months and now everything has been reinstated permanently. (Thank goodness!)

 

The bank is not obliged to honour any direct debits or standing orders you may have set up, they are allowed to run at the bank's discretion. If the bank won't agree to reinstate them, or offer you a probation period, don't worry too much as most companies you'll have DDs and SOs with will accept payment by giro at the Post Office, by debit card over the phone, and some companies allow payment by the online BillPay site:

 

https://www.billpayment.co.uk

 

If you hold a debit card from any UK bank you can pay bills via the internet site free of charge. All you need to do is register, and then search the database online of companies that accept BillPay. Most councils do (for council tax) and most electricity & gas suppliers do as well.

 

But it probably won't come to this - call the bank tomorrow and try to negotiate that they reinstate your SOs and DDs. Good luck and let us know how you get on.

 

Miss Pink Panther

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Thanks for the advice Pink Panther,

To be honest, I am fuming!!! I have another account with HSBC that I can transfer my D Debits to but I have over £500.00 in this account that I need to get to, they have cancelled my card and I cannot phone them this week as I am arriving home from work too late!!

I can't beleive they have done this I am livid.

SMILE -yeah right!

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Try and call them at lunchtime, or 1st thing in the morning. They are open from 8am to 7pm, so I hope you don't work a 13 hour day.

 

Call them tomorrow and try to sort this out. If they won't play ball I think you may have grounds to refer this to the Financial Ombudsman as this could be seen as retaliation from the bank as they have just paid back your bank charges.

 

If you need to get at the £500 in the Smile account, just log onto the internet banking and transfer it to your HSBC account - if the funds are in your account they can't stop you from doing this.

 

Pls let us know how you go tomorrow, fingers are crossed for you.

 

Miss Pink Panther.

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Thanks again Miss PP.

I will try to get a quiet min after dropping the kids at school before my commute to work!

I dont work a 13 hour day but it sure feels like it sometimes!!!;)

 

P.S I am already in contact with the FO regarding Alliance and Leicester closing my bank account after claiming back charges!

I will know him by first name soon!

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