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    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 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 Did you inform the claimant of your change of address? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  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, shows as defaulted.  Registered when it was bought by Lowell 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? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes 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 and mental health issues What was the date of your last payment? ? Mid 2019 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
    • In addition to the advice and questions asked by my site team colleague above, where did you get the template from which you used to reply to the letter of claim?
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Halifax Visa Card


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Owing to claiming Incapacity Benefit for several months and now currently in receipt of Job Seekers Allowance, I can no longer meet the minimum monthly repayments on my card so I am therefore in a position where I'm forced to offer them whatever I'm able to afford per month, which will be nowhere near what they are currently demanding, £85.00, over £60.00 of this is interest!

I hasten to add that I haven't used my card since first claiming benefit.

 

So, I'm just wondering if anyone has been in the same position as me with a Halifax Visa card, and how accommodating they were (or not) about it.

 

Would really appreciate an answer, thank you.

 

sue ..

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Hi Sadsue

You need to get in touch with them as soon as possible- now. By phone first, which must be followed up in writing.

This needs to be your priority.

Work out what you think you might be able to pay, total your outgoings and be realistic about what you actually spend, ie don't overestimate what you think you can pay them. Discuss that with them.

By any chance, do you have any payment protection insurance with that agreement? Only a suggestion as you may have forgotten about it.

 

The "bump" you quoted was someone being helpful and "bumping" your post to the top for someone to answer.

 

Keep posting on progress and ask for any advice. We all need to ask questions.

 

You will get plenty of support here.

 

Hopefully, soon, you can change from sadsue to happysue!!!!!

 

 

Good luck

 

Kennythecelt:) :) :)

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Remember, they are open now.

 

If you leave it, you run the risk of incurring bank charges and that will add pressure on you.

 

Kenny .... thank you very much for your reply, much appreciated.

 

When I first opened a Visa account my financial situation was comfortable, so I very naively assumed I wouldn't need added insurance, DOH!

However, this didn't stop them from deducting £3.00's odd from my account each month for several months, WITHOUT my permission, and I STILL haven't been reimbursed. Probably why I feel so cynical about them at this moment in time.

It's been a foul day and I'm feeling tetchy, so will leave the phone call until tomorrow. At least then no one will have their head bitten off ... lol

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Hi Sue

 

I was in the same situation as you not so long back although I am still on incapacity benefit.

 

I got the CAB to sort my payments out, I now pay everyone including Halifax Visa £1 a month.

There are some template letters here, http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html choose which one best suits you and get it off in the post ASAP send recorded delivery so they cannot claim not to have got it.

 

Also get yourself an appointment with the CAB, they can get all interest stopped and set an amount that you can afford to pay.

 

Any problems just ask and someone will offer help and support.

Good luck and keep us posted.

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Hi,

noticed following thread and thought you might be interested.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/108952-claim-charges-taken-benefits.html

 

Perhaps Steven can help, his court action certainly could be something to follow up.

 

 

Thank you Kenny .... you're a Star! .

 

I'm not sure they'll take my benefit from my account as I'm currently into my overdraft, however, I'm going to open a basic account with another Bank just to make damn sure they cant get their grubby little mitts on it! :rolleyes:

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Hi Sue

 

I was in the same situation as you not so long back although I am still on incapacity benefit.

 

I got the CAB to sort my payments out, I now pay everyone including Halifax Visa £1 a month.

There are some template letters here, http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html choose which one best suits you and get it off in the post ASAP send recorded delivery so they cannot claim not to have got it.

 

Also get yourself an appointment with the CAB, they can get all interest stopped and set an amount that you can afford to pay.

 

Any problems just ask and someone will offer help and support.

Good luck and keep us posted.

 

Moneyhelp .... thank you so much. I hadn't thought of CAB, probably because I didn't think they had that much influence, how wrong can one be!

Joining this forum has taken a great weight off my mind already. Bless you all. :):):)

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You're welcome Sue - isn't is fab that we have somewhere where we can seek help and support, at times I have felt so alone in my battles with the banks - coming here has certainly changed my life - they will no longer bully and harass me that's fer sure :D

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You're welcome Sue - isn't is fab that we have somewhere where we can seek help and support, at times I have felt so alone in my battles with the banks - coming here has certainly changed my life - they will no longer bully and harass me that's fer sure :D

 

 

Indeed it is ... :)

 

I'm feeling better already (partly owing to a bottle of plonk I have here), but mostly to the excellent advice you good people have offered me.

 

:grin: ... See, feeling much happier now ... :wink:

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hi sue glad your feeling happier now like money says this site definitly makes you a stronger person the people are fantastic theres always someone around to lend an ear and help and theres laughs along the way be it a mad bunch but a good bunch good luck

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Morning Sue

Remember you can claim charges on not only credit card but bank accounts, loans, mortgages and storecards/ catalogues etc.

Think about planning to get statements (full banking history) from all accounts you have had. You will be surprised at the amount of unlawful charges- plus interest.

Don't rush in though, just think about it and plan your own campaign to get your money back!!

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Hi sue. I had a halifax Visa card until recently and was suffering the same problem of not being able to make the payments. Halifax were very helpful when i spoke to them. I asked them to close the account and they froze the interest. they then allowed me to pay affordable amounts until the balance was cleared:)

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Morning Sue

 

Don't rush in though, just think about it and plan your own campaign to get your money back!!

 

Thank you ... again. :)

 

I fully intend to. Feeling mean and nasty now, which isn't in my nature, but Banks just bring out the worst in me as I'm sure they do most people. :mad:

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Hi sue. I had a halifax Visa card until recently and was suffering the same problem of not being able to make the payments. Halifax were very helpful when i spoke to them. I asked them to close the account and they froze the interest. they then allowed me to pay affordable amounts until the balance was cleared:)

 

Thank you too charlie(not), :)

 

I'm going to call them on Monday, will report back here with their response to me. Heaven help them if it isn't a favourable one.

I'll be ultra polite and grovel initially, BUT not for long if they won't play ball with me, LOL.

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Morning Sue

Remember you can claim charges on not only credit card but bank accounts, loans, mortgages and storecards/ catalogues etc.

Think about planning to get statements (full banking history) from all accounts you have had. You will be surprised at the amount of unlawful charges- plus interest.

Don't rush in though, just think about it and plan your own campaign to get your money back!!

 

 

01welcome7jb.gif Just carry on at your own speed, follow the good advice that you are getting form Tils, Money and Kenny, any questions just ask and someone is always around to help. They are a good bunch here on the whole, although one or two maybe a little crazy loco2.gif

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Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

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