Thanks Welshmam, Got 2 letters on Saturday, one dated 01 Sept the other dated 01 Oct but both arrive same day? Anyway please all see the 2 attached...

Lol I've had those as well. As others have said, IGNORE THEM! You appear to be several months behind me, in terms of these letters, but it's all automated. In fact, I haven't heard from them in quite a while now. Just hold your nerve and all should be fine. Best wishes.

This is the exact same letter that I received from them a couple of months ago.

They issued a claim, I submitted a defence and the claim has been stayed for almost 3 years, but not discontinued.

I'm pretty sure that I never signed a new credit agreement when I did a balance transfer in 2003 with Lloyds.

I found the heading to the letter misleading, as they have already commenced legal proceedings.

They've also added the court costs to the total that I owe them!

I've ignored the letter and not heard from them since.

As has already been said, they have two options:

apply to lift the stay or discontinue the claim.

Don't let them panic you.

I appreciate it's a lot of money, but if they had an enforceable agreement, they would have lifted the stay by now.

Take care and my very best wishes to your wife.

just opened a letter from Solicitor acknowledging CPR 31:14

"We would point out that the Claim was issued via the CCBC which is a procedure specifically provided for in the CPR.

The procedure only allows a Claimant to insert brief details of the Claim and does not allow for the attachment of any enclosures.

I don't think that's strictly true, but am happy to be corrected.

Whilst there is no facility for digital attachments, MCOL does allow particulars to be served separately on the Defendant. All they have to do is tick the box which says that further particulars will be supplied to the defendant.

No I haven't but to be honest I really dont want this to go to court, It's in my husbands name but it's my fault it's got this far. I really just don't want him to find out, so i'd rather admit the debtand pay it off

As Andy has already replied

, you will automatically get a CCJ unless you defend this.

As I have seen many times,

they are hoping to intimidate borrowers and obtain judgement in default

. I hear what you say about your husband finding out,

but you really have nothing to lose Myfamily now that proceedings have been issued.

You will strengthen your bargaining position if you log into MCOL

and tick the defend all box.

Also send off a CCA request asap.

Lowells will no doubt have purchased this debt for x pence in the pound. Hence, you may find them willing to offer you a significantly reduced sum to settle.

But please, please, do enter your intention to defend. You can always negotiate a settlement at a later date, without the need for this to go to court. The sum is so small, that Lowells will not want to spend hundreds of pounds on legal fees that they will not recover.

Use this to your advantage but you must defend to have any hope of avoiding a CCJ.

How do they charge for this if you have cancelled your account with them?

I am concerned as I switched last year but still kept my BT email address. Wasn't aware that I was paying for this. Is it via my new service provider?

Removed incorrect link - please use link provided by WelshMam2009

 

Check the Land Registry - there is a small charge for this, but it should tell you who has a charge on your property.

This is not the correct address CitB. This is a private firm who are not affiliated with Land Registry and charge way over the odds for the same servce.

The official address is https://eservices.landregistry.gov.uk/

I searched my property last week and it cost £3 for the title deeds and a further £3 if you wanted a plan (optional).

Hope this helps.

That's about the gist of it ...until a claim is allocated and the claimant pays the hearing fee....its a meaningless piece of paper.

What about the implications as regards the court claim stopping the clock as regards reaching statue barred status though?

Shouldn't there be an expiry date for stayed claims?

How many years can a claim be left as stayed?

It doesn't seem right that the threat of court proceedings is left hanging over your head,

with the potential for the claim to resurrect itself several years down the line.

I sent the CCA and CPR off so at present defence relies on no paperwork being produced, unless I know what they have I have no defence?

If it's any consolation 2streteched, I received a claim form from Cabot last year, for a Lloyds credit card which was taken out at a similar time to yourself. To date, I have not received any paperwork from them and the claim is presently stayed. These companies rely on people being intimidated by the court process and failing to acknowledge or file a defence. They want default judgements.

Your defence will be pretty generic and you will put the claimant to strict proof to demonstrate that you entered into an agreement with them. I guarantee that you won't receive a copy of any agreement before the defence filing deadline. What you will receive is a letter from Cabot telling you that they have contacted the original creditor and will respond within 40 days (clearly ignorant of CCA and SAR prescribed deadlines!)

Search through the threads as there are plenty of examples of defences that you can tailor to suit your needs.

You do need to get a move on though as, by my reckoning, your defence has to be submitted by no later than Friday of this week.

Debts normally disappear from your credit file 6 years after default date, not last payment.

I would be inclined to write back disputing the payments and ask for further information so that you can investigate their claim.

However, you do need to be proactive and try and track down your bank or credit card statements for the payment months shown.

If you don't have these, then ring your bank/credit card company and ask for copies.

There may be a fee payable but it could prove your case, one way or another.

Best of luck!

According to Noddle the account was taken out on 31st October 2008

Are there any closed accounts on Noddle that correspond to the same date?

Is the Citi card debt shown on there?

It is not unheard of for phantom payments to appear.

How did you normally pay them?

Do you have any bank statements that you can go through to check for these sums?

Another thought is whether or not you reclaimed PPI and if it was credited directly to the account.

If you dispute the payments were made, then the claimant will need to come up with some more convincing evidence than this screen printout

No, I didn't file anything with the court. The only communication I had from the court was the initial letter and nothing since until yesterday. I didn't file a defence because I made the payments. I believe from talking to the court it was stayed because Hillesden didn't pursue the claim.

As you've discovered, a 'stayed' claim can be 'unstayed' at a later date. The claim was never withdrawn by Hillesden and merely remained dormant. As you never filed any acknowledgment or service, or subsequent defence, Hillesden now have an uncontested judgment against you.

I personally would be filing paperwork for the judgment to be set-aside. If you are on certain benefits, I believe that you can get financial assistance with the fee.

However, please be guided by the Site Team, as they are more knowledgeable than myself, as regards such matters.

Best of luck with this!

Nothing happened after that re the court so I didn't need to get to defence submitting stage.

It sounds as if they have received judgement in default.

Did you file an acknowledgement of service to the court, indicating your intention to defend all?

This would have been prior to any defence.

Tomlin Order signed sealed and delivered to my satisfaction with no order for costs

Please excuse my ignorance, but can I just ask, regarding the costs issue, is this something you negotiated with their solicitors CWK?

Also, does a Tomlin Order preclude a later application for a Charging Order against a property, or is this possibility always a risk?

Hi Ajjars...you seem to be getting yourself in a real pickle here!

Have you spoken to your son about this yet? Timing is critical as HE only has a limited amount of time to acknowledge the claim.

As has already been suggested, I would advise YOUR SON, to do the following:

1. File AOS online stating his intention to defend the claim

2. CCA request to Lowells

3. CPR 31.14 request to Carter's

In stating that the claim will be defended, it may strengthen your son's negotiating position. Going to court, or issuing new proceedings, will only result in additional costs for the claimant, on what is a relatively small sum of money.

The worst scenario (ignoring your relationship with your son) is that the claimant wins, and a CCJ is awarded. However, if this is settled within 30 days, and you use your boiler money to pay, then this won't be registered against your son.

By the way, your son's credit history will not be 'perfect' as I am sure that the catalogue debt will be recorded on his file.

Best of luck with this and keep calm!

According to the credit report,

the account start date, states however that it was 2nd May 2003, which we don't understand as originally it started in 1997??

 

but stipulated that TSB had never complied with anything but only produced a balance transfer signed form in 2002

but the original contract was from around 1997.

Something similar happened to myself. In order to get the balance transfer, your wife effectively entered into a new consumer credit agreement in 2003.

If you look at the bottom of the application form, it states that it is a, 'Credit Agreement Regulated by the Consumer Credit Act 1974.'

The 1997 agreement was probably terminated and replaced by this latter agreement.

From what you've written, it doesn't sound as if any judgement has been entered yet. Is that correct?

I've also received the exact same letter.

Any update jj2011?

 

Also said that IF they find the documents requested and IF they wish to bring the claim

before the court again then the documents MUST BE served the same time as the claim form.

What documents was he referring to specifically Sytra? Did this include a signed copy of the credit agreement?

Just to let you all know that my daughter has now been paid income based JSA.

I should also like to thank you all for taking the time to respond, which is much appreciated.

Many thanks again.

Thanks both for your replies. No, I am not claiming child benefit or any other money for her as she is 19.

This is the first time that she has applied for JSA. Is it a different form or process to apply for income based JSA?

Sorry to sound stupid, but neither of us has ever had to claim JSA before.

Many thanks again.

I've read several threads but have not managed to find the answer to my question, so hope someone can help.

My daughter has worked part-time since she was 15. She finished full time education (after her 'A' levels) in the summer of 2012 and started work in September 2012.

Recently, she lost her job, as the company closed due to massive debts. Luckily, she received all her wages but there was no additional payment for losing her job etc.

She has applied for JSA but has received a letter stating that she is not entitled due to not paying enough Class 1 NI contributions for 2011/2012 and 2012/2013.

I understand that using these years is correct, but she was in full time education for the vast majority of this. If they took 2013/14 then she has paid a full year's NI contributions.

Is there any way that she can appeal this decision on the basis that she was in education? Alternatively, is there any other support that she can apply for?

She lives with me and we are on a low income as it is, even though I work.

Any help would be greatly appreciated...thanks.

For more info look here on the official Intellectual Property Office Site: http://www.ipo.gov.uk/types/copy/c-applies/c-internet.htm

This states that

Websites and the internet

 

Copyright applies to the internet in the same way as material in other media. For example, any photographs you place on the internet will be protected in the same way as other artistic works; any original written work will be protected as a literary work, and so on.

Downloads and uploads

 

If you download, distribute or put material on the internet that belongs to others you should ensure that you have the owners' permission, unless any of the exceptions apply.

and page 16 of their copyright booklet at: http://www.ipo.gov.uk/c-essential.pdf

This states that:

There is no official registration system for copyright in the UK and most other parts of the

world. There are no forms to fill in and no fees to pay to get copyright protection.

If you have created a work that qualifies for copyright protection, you will have copyright

protection once you meet the criteria for protection.

You do not, however, have to fill out any forms or pay any money to receive protection. In fact, it is a requirement of various international conventions on copyright that copyright should be automatic.

To help protect your copyright work, it is advisable to mark it with the © symbol, the name

of the copyright owner and the year in which the work was created.

Although this is not essential in the UK, it will let others know when the term of protection started and it should then be possible to calculate whether it has ended or not. It will also indicate who the

owner was at that time in case it is then necessary to approach them should you need to

ask permission to use the work.

Additionally, a creator could send himself or herself a copy by special delivery post (which

gives a clear date stamp on the envelope), leaving the envelope unopened on its return

(ensuring you also know what is inside each envelope in case you do this more than

once). Alternatively you could lodge your work with a bank or solicitor. It is important to

note, that this does not prove that a work is original or created by you. But it may be useful

to be able to show the court that the work was in your possession at a particular date.

There are a number of companies that offer unofficial copyright registers. You should think

very carefully whether this is a useful service for you before choosing this route.

Oh I see, these copyright rules are misleading then. Anyone know where I can read up on it?

Copyright is automatically yours and there is no need to formally register it in the UK. However, you will need evidence to support that the material is infact yours.

What a lot of writers do, in such circumstances, is simply to email their article/book etc to themselves so that the date can be proven. Whether this is practical for photo's I am unclear.

I also use a free service at: http://myfreecopyright.com -absolutely no affiliation to this site by the way. It can be something of a nuisance as they email you the copyright details everyday. Why, I'm not sure, but I simply have them all diverted directly to a dedicated folder.

As a writer, I have had many articles copied but have managed to have them all successfully de-indexed from Google and removed by webmasters/web hosts by submitting a DMCA notice.

At no time have I ever formally registered any of my works. The only information I have ever provided was the URL where the original works could be found. Hope this helps! Best of luck

I have messaged him to give him one last chance to remove the comments that mention my name. If he doesn't I will have to ask my solicitor to contact Facebook because they haven't responded to my reports.

 

This may result in the page being shut down, and I will probably be blamed for it. The members only know what he has told them. So they will probably angry at my actions.

I honestly wouldn't waste your cash on solicitors and I doubt very much that the other person has any legal representation anyway. It's all part of the bluff to intimidate you. Just report it to Facebook and save your pennies for a rainy day!

Sadly, biased views are always likely to be formed when only one side of a story is told.

You have to get a complaint through to Facebook asap. I don't know why your earlier attempt failed.

Also, as Facebook is hosted in the US, content is covered by the DMCA (Digital Millennium Copyright Act). Therefore, you can also advise FB that the site is in breach of DMCA and that you want your photo's removed. It is probably a good idea to provide the link to the photo's that you claim are being used without your permission.

Normally, you report a complaint simply by using the "report" button that is on the page.

Sorry, I can't help with the rest, but some people are so petty and ignorant of copyright law. Let me know how you get on. Best of luck with this.