Hello, she had the business registered address as her Accountants address. She has recently leased a small office for herself to use, but hasnt changed the registered address held at Companies house. Yes we have copies of all emails & letters sent to our home & her home addresses. I will today advise her to contact the Police again as 'Malicious Communication'. Interestingly, the work she needed the Copywriting for was a firm of Solicitors! (although they practice technology Law). They certainly would be happy to provide a letter confirming their reasons for not using the copywriting. Any further advice would be appreciated as to how she responds with her wording on the court Papers. Thank you again.

Hi Dbabylon Thanks for your reply. Particulars of claim are: (apologies, not got scanner here): "The defendant is the sole Director and employee of a company that contracted me for copywriting services, to the value of £90 more than 6 months ago. She, and the company, dishonestly refuse to pay me for work delivered to specification. There is much clear, written evidence showing her obligation to pay me. Due to her attempts to hide from the debt over more than six months, i have also claimed an additional £160.00 to cover tracing, collection and sundry expenses incurred in locating her." To be honest, she will not pay because he knew the work wasnt being used. His own Terms of Business stated he wouldn't raise invoices for unsatisfactory work. His subsequent threats that he would continue to harass her/send people around even if she did pay.. plus, he sent her the invoice again - amending it to add the £160 on - which is when she wrote the harassment letter to him. So even if she sent him the £90, he'd see her as giving in and pursue the £160 he now wants from her also! They did not sign a contract to engage services - so dont know what a CPR 31.14 would do to assist. Also, nowhere did he show collection costs on his site. The 'much clear evidence showing her obligation to pay him' is the invoices and his continual letters threatening all sorts of things. If she sent copies of all hisletters, and her responses (i.e harassment letter & Crime number ), would the Judge see this & take into consideration? If she were to raise a counter-claim, would this cost her (being on maternity leave her funds are very tight as she is not working) and what would she have to say for this type of counter claim? And what could she claim? Thanks Zosaphine

Hello My friend has just received a CCJ claim form and I thought i'd post the details on here, to see if someone can assist with her defense. Firstly, she is a Director of a small Ltd company (2 people, I am the wife of her then Business Partner) She was working for a Client, who needed some copy-writing doing for the project she was assisting them with, so she contacted someone who had been recommended to her. No contract between them was signed. When Mr X sent her the copywriting, she passed to her Client, who did not like it and indeed did not use this. As soon as she was advised this, Mr X was informed by her business partner. The Terms of Business listed on the copywriters website were: "We will only raise an invoice if the work is suitable, or if you go all quiet on us (usually 30 days)"... Her business partner was therefore very surprised when he received an invoice for £90 for the unsuitable copywriting. Numerous emails went back and forth in which the copywriter had sought legal advise and would be taking adverts out in the press stating the Directors as non-payers etc, and he would not desist in claiming this invoice. It got to the point where he was sending letters to the business partner (my husband) at our home address. The letters gradually became more threatening, saying it was now a point of principle that he felt entitled to the money, and he would do all the necessary he could think of to get paid including sending heavies round to to the Directors homes. He even stated even if he was paid he would still send people round to our house 'to teach a lesson'. My Husband is no longer listed as a Director of the Company. He issued a letter back to the Copywriter stating as he would not stop writing to his home address, emailing and threatening him personally he would report it to the Police as harassment. That it was against a Company and not an individual. He then started the same tactic with my friend at her home address. At this point she was 8.5 mths pregnant with Twins (he knew she was pregnant). He sent her this following letter to her home address, again addressed to her personally not the Company: Dear Mrs XXX May i call you xx? I feel like i've come to know you in the six months i've been trying to collect your outstanding debt. (You little [problem]p, you). Your whereabouts have been laundered more thoroughly than a hospital bedsheet.) Anyway - please find attached a bill for the original amount, and the cost of tracing you and hiring a firm of bailiffs. (They're visiting your home starting this September*.) I'm in two minds if I want the money, of for xxxxx Ltd to go kaput so I can take control of your website and post amusing messages on it**. Or take you to court however things play out. Any of these options would be a hoot. What else? Um, for legal reasons: 'CCJ's are bad and may cause your problems in the future"... er "You only have 1 week to pay'*** ... 'Deal witht hr debt collectors after this'... 'Sad that you've ignored all my requests to pay'. yadda yadda yadda. Sure you've had it all before. So! You're in my sat nav now! Yay, we can meet! And you've got some ace new debt collectors to encounter in the near future. (Don't worry, they're court licensed, not nutters pumped up on testosterone, Although they're still ghastly.) Really sincerely Mr X * It would just ruin the fun if i told you which days ** My Solicitor says that you may choose to pay, which would unfairly scupper this bit of schadenfeude *** To be honest, i've already contracted and paid for your doorstepping. Shame to waste it by having you cough up She sent him the same harassment letter as my Husband. She also actually reported him to her local Police station for harassment. She has a crime number for this. A couple of weeks later, she gets a letter form a Doorstep collection Agency & Bailiff firm. She sends them a letter outlining the money he is attempting to Claim is for a Company 'alleged debt' and not a personal one & that they are not corresponding with the business at the business address. She also advises them she has reported this gentleman to the police. 2 days later - My Husband receives a letter at home form the Collections Agency - addressed to the Copywriter! (they have the same first name). They enclose a copy of my Friends letter to them, saying as she has involved the Police they will take no further action until it is no longer a Criminal Matter. Today - 3 weeks later (and now the Mum of twins), she receives a CCJ Claim from from him (Northampton County Court)- again not addressed to the Company, but her personally at her home address. he is claiming the original £90 - which by his own Terms of Business at the time (and subsequently taken off his website interestingly enough!) he should not have raised, and a further amount of £160 to pay for tracing, collection and sundry expenses incurred locating her. She clearly wants to defend this. It's a debt owed by her Company at a different address, not her personally. They guy shouldnt have raised the initial invoice as it was against his own terms of Business. A trace on Companies House clearly shows her as a Director of the Company & lists her details.. so I have no idea where he has got the tracing fee's from amounting to £160! He is a nutter! Please can anyone help in the wording of her response on the Court form? (I know what she would like to put!!) THANK YOU

Hi Can you advise why they cannot add any charges? With regards to getting charges refunded, can you explain how to do this as didn't the High Court rule against these claims? ( I got Capital One to settle before that judgement was made..) Thanks

Hi I had a Simply Be account, that I opened online quite a few years ago. When we fell into financial difficulty i contacted Reliable Collections who it had been passed to, to explain and they charged me £99 to change the type of account to a debt managed one (Still not sure what they meant by that), however even though I explained we were virtually on the verge of Bankruptcy they demanded £75 a month, which I have been unable to maintain. The debt has escalated form aprox £900 to over £1600 because of interest & late fee's.. which i seemed to be getting a letter almost every week to say another late payment fee had been applied. The account has been passed from Reliable Collections to Call Serve DCA in Edinburgh - but last week, a doorstep agent turned up to discuss the account. I refused to let him in as just me & my toddler at home at the time, and advised i'd deal with the Company directly. I've done CCA & SAR requests before on my Capital One card, can anyone advise what the process is with Catalogues, is it the same? I wasn't sure if it was still a S77/78 request? Many thanks

Swinton just said the decision was down to L&G and we had to call them. The L&G call centre we spoke to was definitely in England. Get a total feeling of being fobbed off in the hope we go away. I know that a £400 bike isn't a lot in the grand scheme of things - in comparison to total house burglaries etc.. but it is a lot to us, and we genuinely believed we were insured for this

OK Just before Easter my husband bought a really nice Cannondale Bad Boy bike worth £400 (ish), rode it to work the very next day (Aprox 2 miles from home), locked it up with a heavy-duty motorcycle cable chain to the permanent metal bars in the cycle store which are sunk into the concrete in the cycle store floor, alongside half a dozen other bikes that were there already. At lunchtime (just 15 hours after he purchased it) it was stolen The heavy duty cable lock left on the floor cut in 2. Reported to police, crime number given. They assured Hubby they knew the local youths who do this, but they cant just go round their houses, they have to have just cause (!!). Rang insurance Comapny L&G, who say it's not covered as was stolen away from home property. I've finally got my hands on the Policy Document Swinton (The broker we went through gave us) and it clearly states: We will pay up to the personal possessions sum insured for: - Theft, loss of or damage to personal possessions, personal money and credit cards which you own or are legally responsible for, whilst within the United Kingdom or anywhere else in the world for up to 60 days in any one period of insurance. - The most we will pay for theft from an unattended vehicle is £1,000 - The most we will pay for any one claim in respect of personal money is £500 - The most we will pay for any one claim in respect of credit cards is £500 - The maximum number of pedal cycles covered is 5 and the most we will pay for any one claim in respect of each pedal cycle is £500 It then states: We will not pay for: Theft of an unattended pedal cycle while in the garden or outside the boundary of the home, unless in a locked building or attached by a locked security device to a permanently-fixed structure or a motor vehicle. So they declined the claim as it was away from the property, yet it clearly states it would be covered outside the boundary of the home if it is attached by a locked security device to a permanently-fixed structure - which it was. I've just rang them, as I'm not named, they couldn't go into the claim or why it was turned down, but he spoke to me 'hypothetically". He said "We're not trying to wriggle out of paying up an any insurance claims, but we cannot specifically word each policy as to how far outside the Boundary of your home you are covered. It could well be in your Husband's claim, the area outside the boundary of the property would just be on that path outside the front, so just a period of meters"... When i asked if he could appeal i was told "I really don't think it'd be a good use of your time to be honest, for what the bike was worth, you should just accept the decision, as the likelihood of any exception would be nominal". Well to us, £400 is a lot of money to spend on a bike and very much a lot to simply lose after 15 hours of owning said bike! Can I have your thoughts please, if you do think we have grounds for appeal, or would it simply be a waste of time for us as the Insurers say? Thanks

no apology needed. Just re-read my reply, can you tell i'm not their biggest fan?! LOL Hope you get things sorted - and make sure any cars linked to anyone at your address are moved/parked a few streets away (as they seem to think anyone's possessions are fair game!). Z

Hi Pendle_dad, unfortunately they took the car that was in my Husbands name, and sold at Auction, despite complaints made to CEO of LA, and also the Police (who were less than useless) as it's a civiil matter, they didnt want to get involved. So currently we have no car... and Husband has subsequently been made redundant, so we're living off my part-time wages - aaaargh! Advice i can give, is if Parking Tickets were legitimately issued, even if you've got extreme financial issues like we did - borrow money from family to pay it off (we couldn't unfortunately,). Doesn't matter what the rules/regs/law's are, these thieves are a law unto themselves, and seems like there's nothing you can do about them. Speaking from bitter experience with a bad taste in my mouth still....

Can someone advise what the position is where you have CCA'd a DCA after numerous threatening letters from them & they write back with letter saying they are contacting the lender to obtain this & subsequently write to to you with: "At date of agreement of the account was not regulated by CCA 1974, and therefore no copy is available" They enclosed lots of statements, and then threatened further recovery action as statements were proof.. Advice please what to do next..

Hi My friends sister today had a response letter from them stating: "At date of agreement of the account was not regulated by CCA 1974, and therefore no copy is available" The sent lots of statements, and then threatened further recovery action as statements were proof.. Advice please..

Hello I'm helping out my friends Sister, as English is not her first language, and she is struggling with all of the things the DCA are saying to her. She received a demand from Hillesden Securities for money owed to Barclaycard. I helped her with the CCA letter (using the template form this thread). She received this letter over the weekend: Dear Miss XXX Thank you for your recent letter regarding the above account. I can confirm and advise the following: I Acknowledge receipt of your payment of £1 in onnection with your data request under the Consumer Credit Act 1974. We are still awaiting a copy of your original agreement and statement of account fromt he original lender barclays. When these become available, they will be forwarded to you. If we are unable to forward a copy of the riginal agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974. We would like to draw your attention to the ruling in the cas eof McGuffick V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement", the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the Credit Reference Agencies as this is also not considered enforcement. Whilst we may not be able to enforce the agreeement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remain intact. In view of the above judgement the account will remain with our collections department for collections activity to continue. Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no further developments beforehand. Yours sincerely Squiggle (totally illegible). DATA CONTROLLER (No name given as to who this may be). Advice please?

Hello I'm helping out my friends Sister, as English is not her first language, and she is struggling with all of the things the DCA (Hillesden Securities) are saying to her. She received a demand from Hillesden Securities quoting Barclays. I helped her with the CCA letter (using the template from this thread). She received this letter over the weekend: 7 September 2010 Dear Miss XXX Thank you for your recent letter regarding the above account. I can confirm and advise the following: I Acknowledge receipt of your payment of £1 in connection with your data request under the Consumer Credit Act 1974. We are still awaiting a copy of your original agreement and statement of account from the original lender Barclays. When these become available, they will be forwarded to you. If we are unable to forward a copy of the riginal agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974. We would like to draw your attention to the ruling in the cas eof McGuffick V RBS judgement dated 6 October 2009 in relation to "what is considered enforcement", the judgement stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the Credit Reference Agencies as this is also not considered enforcement. Whilst we may not be able to enforce the agreeement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remain intact. In view of the above judgement the account will remain with our collections department for collections activity to continue. Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no further developments beforehand. Yours sincerely Squiggle (totally illegible). DATA CONTROLLER (No name given as to who this may be). Advice please?

Bump...

Thanks. It's in the Bailiff & Sheriff Officers thread at the moment, you shuold be able to find it there.. Thread title is : Advice re Warrant of Execution/Removed car belonging to 3rd Party.. http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/255583-advice-re-warrant-execution.html