Bugger! Looking through emails it would appear my last payment was May 2012.

Can't remember when last payment was. Edinburgh Court. Is it still 5 years when debts become statute barred in Scotland?

So I send off CCA request to CQ and respond stating I wish to defend? Is a DPA request to SD worth doing?

Return day 23 March, hearing date 6 April

Confused

What is the claim for – the reason they have issued the claim? 1. The parties are as designed in the instance. The named defender resides at XXXXXXXXXXX. The defender has been so resident for more than three months immediately preceding the raising of this action. The defender is domiciled there. This Court accordingly has jurisdiction. There are no proceedings pending before any other court involving the present cause of action and between the parties hereto. No agreement exists prorogating jurisdiction to another Court. 2. The pursuers are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement between the pursuers and Shop Direct Limited dated XX March 2013 the pursuer acquired the right to payment in respect of all debts and other monetary claims of any nature due or oweing by the defenders to Shop Direct Limited which were in existence as at the date the said Agreement was entered into in relation to the contract hereinafter condescended upon. The said assignation was intimated to the defender by way of written notice on or around the date of assignation. 3. The said contract between Shop Direct Limited and the defender is dated XX July 2011 and relates to Mail Order agreement with account number XXXXXX. The said account is in default and the sum due thereunder is due and payable now. As at date hereof, the sum due in terms of the said agreement amounts to £500 conform to copy statement of account which will be produced in any defended process to follow hereon. In terms of the debt purchase agreement hereinbefore condescended upon, the right to receive payment of the sums due on terms of the said statement of account vests in the pursuer. 4. The defender has been called upon to make payment of the sums sued for. They refuse or at least delay in doing so. This action is accordingly necessary. What type of action? (Small/Summary/Ordinary) Small claims under Summary procedure Is the claim for a current or credit/loan account or mobile phone account? Catalogue Company When did you enter into the original agreement before or after 2007? After, 2011. 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. capquest. Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so. Did you receive a Default Notice from the original creditor? I believe so but have doubts it was lawful. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Probably. Why did you cease payments:- Financial difficulty. Was there a dispute with the original creditor that remains unresolved? No although I believe the default was not lawful because it was issued to quickly. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly prior to default, on the phone once.

Aye

Served papers re a small claims action raised against me by Shoosmiths on behalf of CapQuest, for a Shop Direct account they purchased. The claim is for a balance iro £500 plus costs. I have my doubts whether SD lawfully defaulted me but disposed of paperwork many moons ago. I intend to make an incidental application to cist the action and request documentation from CQ and SD. If I send the incidental application to the court, do I need to send any of the response forms back?

Great! That`s us f**ked because of her selfishness and snobbishness. Cheers, babe!

Hi folks Formerly received housing benefit but after moving house was told we`d have to reapply so decided to try the UC route instead. How does UC work with the self employed with regards to looking for work/sanctions? The missus is self employed doing sales and earns a pitiful sum from it. Would UC force her to increase her sales or look for work under threat of sanctions? She is a hair stylist to trade but since the birth of our youngest refuses to use her skills unless she opens up her own salon or learns to drive so she can offer a mobile service, but financially we cannot afford to do either. Would there be support from DWP/other agencies through UC to set up a salon, and would there be any requirement to earn more/look for work whilst in the process of setting up a salon/etc? TIA

I think the backbilling means that if any inaccuraccies in billing occurred over 12 months previously then they cannot alter your bill to that effect and chase you for the underpayments.

Simply, the bills haven`t been paid. She quit her job and decided to try various business ideas that probably cost me more money than she made. So bills just weren`t paid. There has been a major issue with estimated gas bills-our electric is on a smart meter, gas on a dumb. Despite emails and phone calls to update readings, we continue to receive estimates. The last gas bill from an actual reading was exactly one year ago. Hopefully the two readings by telephone and one by email this month will result in an accurate bill.

Our gas and electricity accounts are solely in her indoors` name and there are substantial arrears on the account. have been dealing with the supplier and am trying to reach a repayment agreement Whilst the account is in her name, can the supplier chase me for the debts? My head says no but my gut says electricity and gas legislation is a funny one on this.

Well, they've admitted their mistake and removed the fee. Can someone pick my jaw up off the floor?

on friday my partner and i were served a charge for council tax arrears by stirling park sheriff officers, for which they have kindly added expenses of just shy of £100- or 36% of the outstanding arrears. she has arrears for which she is solely liable for, and we have jointly liable arrears that my wages have been subject to an arrestment for approx 18 months, which the final payment will be deducted at the end of this month. the charge includes new arrears for financial year 13-14 and the (incorrect) outstanding balance of the previous arrears. the letter from sp to my partner quoted her solely liable reference number but listed sole and joint liabilities. the charge quotes our joint liability reference number and only lists joint liabilities. does that make sense? we don't dispute any of the arrears. what we object to is that ten days before serving this charge, sp wrote to my partner to say that they were prepared to give her breathing space for 30 days to allow her to engage with citizens advice, on the condition that a repayment plan was put in place after the 30 day period. obviously we object that they have levied their extortionate expense for charge on us despite their earlier letter. my partner has sent a formal complaint to sp. i am going to offer to repay the latest arrears minus expense for charge by the end of july. what are the odds that they'll scrub the expense for charge? any expert care to judge whether we have a good case to appeal if sp try to enforce the joint liability through arrestment etc? many thanks in advance

I searched CAG for this but couldn't find anything. What is the ECHR view on the collection of council tax through earnings arrestment etc? I ask because the arrestment on my wages equates to just 10% of my gross pay. I'm effectively paying double the rate of income tax. This is causing severe financial hardship for my family, resulting in further debt, denying my children food in their mouths and clothes on their backs. The arrestment only has a couple of months to go so there is light at the end of the tunnel, but the levels of arrestment are far too high in my view.

Well the council sent an adjustment and there is... no change to the HB or CTB. I'm now £840 a year worse off due to the rent increase, which is approx £16 a week. Coincidentally, my HB award is approx £16 per week below the LHA for my circumstances. I just don't understand why my award hasn't gone up.

Have been a customer of these jokers for 3 years and wish to register my account online. Anyone know how the hell I do it? All I can see is new customer switching/registration.

My rent went up at the end of November. I informed the council and they sent acknowledgement. They haven't adjusted my claim but they sent me a form to apply for discretionary housing payments. Is it likely that my claim will be adjusted?

My local authority keeps asking if i'm claiming tax credits so i guess hb and ctax rebate will go down if i claim ctc.

We currently claim Housing Benefit and get a council tax rebate. I'm looking at applying for Child Tax Credit. I haven't applied so far because I didn't want our council tax bill to rise too much. I appreciate its difficult to judge, but on the whole does child tax credit balance out the decreased housing benefit and decreased council tax rebate? Many Thanks

I never wrote to them. Head in the sand thing. Default date is 28/11/12- two days before I missed my third payment.

On 31 October 2012 I missed a second consecutive payment on a 12 month high interest loan. On 1 November 2012 I received an email from my creditor containing the following: Two or more instalment payments under the above loan from are overdue. Because of these overdue payments, your customer status has been changed to "In Default". ... In order to keep your customer status in good standing, and avoid damage to your credit rating, you are required to repay these instalment payment(s) in full within 15 days from the date you receive this notice. If at any time you have three unpaid instalments outstanding, we will call your entire loan balance due and payable (Acceleration). We will also update our Credit Reporting Agency of your Default status. If we do not receive payment or a response from you with alternate arrangements, we will take appropriate collections measures which may include, but are not limited to, the use of a third party collections agency or sale of your debt to a collections company. On 30 November 2012, I missed my third payment on the loan. On 3 December 2012 I received an email from my lender, part of which stated: Pursuant to the Loan Agreement that you signed and the Terms & Conditions thereof, you are in default of the above referenced loan AND have failed to take corrective action as detailed in the Default Notice sent to you at least 15 days ago. We hereby exercise our contractual right of Acceleration. This means that: - Your entire loan amount of principal, accrued interest and fees of £xxxx.xx is now due. I believe I did indeed receive a notice of intention to file a default/default notice through the post in November,but prior to missing the third payment. I have several questions: 1) Can they default after only 2 missed payments? My understanding from the ICO is that normally it should only be after 3 or more missed payments. 2) If the default was issued too early (the email seems to give me til 14 November 2012 to pay the arrears), and the account terminated on 3 December 2012, am I correct in my understanding they can only pursue me for three months arrears? I'll have to rake out the correspondence I have received so I can give you more info. As it stands, there is no default registered with experian, although i suspect my creditor doesn'treport to them.

If I was in a DAS and realised that a loan was a) unenforceable and b) unlawfully terminated therefore only the arrears were due, would i be able to ask to alter the DAS? By paying only the arrears it would mean the overall debt was reduced by about 25%.

have you considered a debt arrangement scheme?