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Ftgab19

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Everything posted by Ftgab19

  1. Is there no way to pay the fines in a more manageable way? I know I can’t get out of them but I don’t see how I’ll get the £140+ by the time they want me to pay it
  2. I would but it says my PDf Is too big that’s why I have use an image upload site 0-D4-DBEFD-393-D-4072-8-C62-CAB48-C390-D1-E IBB.CO Image 0-D4-DBEFD-393-D-4072-8-C62-CAB48-C390-D1-E hosted in ImgBB
  3. Hi everyone sorry if I’m in the wrong place I’ve been sent two orders to pay unpaid penalty charges. it says I have until the 8th of August to pay or make a statement. Im not disputing that I didn’t receive the penalty’s on time or that I didn’t cross the toll without paying. “i forgot to pay it was an online one” Ive only not paid because I’ve had quite a few unexpected bills recently and had a lot get on top of me and I’ll admit I’ve just buried my head in the sand on this. Im here to see if I have an argument to bring the debt back to the first request of £24 each due to me having so much crap go on the last few months. And if they won’t do that is there anyway to extend the time I have to pay or set up a payment plan because I don’t have £142 spare at all next month let alone now. Any help much appreciated Andrew https://ibb.co/GVXYs09][img]https://i.ibb.co/WcQ8D60/0-D4-DBEFD-393-D-4072-8-C62-CAB48-C390-D1-E.jpg[/img] https://geojsonlint.com/]geojson viewer online
  4. Hi everyone got a letter of the solicitors today saying looking to make a settlement. And sending me the supposed notice of assignment which I don’t remember getting. I’ll upload the letter here I guess I’m just waiting to hear from the court now. CPR reply to defencef.pdf
  5. Hi everyone I’ve still had no response to my letters so I was looking at what there claim is and think the following defense should work. Please let me know if I need to change anything. Thanks Andrew 1.The claim is for the sum of £355.70 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of 2.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. 3.The debt was legally assigned to the claimant on 23-09-19, notice of which has been given to the defendant. 4.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 £28.46 Defence 1.The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.Paragraph 1 is denied. Whilst I have had dealings with Vanquis Card in the past I cannot recall the specifics of the alleged agreement. 3.Paragraph 2 is denied. I am not aware of service of a Default Notice by the original creditor the claimant refers to within its particulars of claim. 4. Paragraph 3 is denied. I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 5. It is denied that any amounts are due under any agreement. 6. On receipt of this claim I requested information pertaining to this claim from Overdales Solicitors Ltd by way of a CPR 31:14 request sent via 1st class with proof of postage on 28/04/2022. Further to the above I sent Lowell Portfolio I Ltd a section 78 request via 1st class with proof of postage on 28/04/2023. To date, neither Overdales Solicitors nor Lowell Portfolio I Ltd are yet to furnish me with the requested information and therefore remains in default of said request and unable to enforce the alleged agreement until such time it can comply. 7.Therefore with the court’s permission the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  6. Hi everyone I’ve received a N1 Northampton claim form from Lowell Portfolio I Ltd for an old Vanquis credit card. I’ve acknowledged the claim and I’m typing up the request forms I need to send which I’ll put in tomorrow’s post. Any help with this would be much appreciated I’ll upload a dedicated copy of the form to this post. Thanks Andrew Which Court have you received the claim from ? Name County Court Northampton N1 Name of the Claimant ? Lowell Portfolio I Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 07 APRIL 2022 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. The claim is for the sum of £355.70 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a Vanquis account with an account reference of 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 23-09-19, 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 £28.46 The Claimant claims the sum of £384.16 What is the total value of the claim? £484.16 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? Yes Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? After 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 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. Account assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? Can’t remember Did you receive a Default Notice from the original creditor? Can’t remember Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Couldn’t afford it What was the date of your last payment? can’t remember 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? Yes I called many times to get a reduced monthly payment ED1-C1-B67-75-F5-4-A9-B-992-E-13-C7-C04-BC86-D IBB.CO Image ED1-C1-B67-75-F5-4-A9-B-992-E-13-C7-C04-BC86-D hosted in ImgBB
  7. If I change part 4 to this would the defense be ready to go? 4.Paragraph 2 is denied. I am not aware of any termination letter or default notice the claimant refers to within its particulars of claim Thanks Andrew
  8. Hi Dx100uk should I just change it to not being aware of any termination letter or should I keep the bit about default notice too as my brother can’t remember if he received one. also today is the 21st does that mean I need to file before 4pm or have I already missed it?
  9. Hi would this be okay for the Defense? 1.By an agreement between New Day Ltd RE Aqua & the Defendant on or around 30/10/2017 (the Agreement') New Day Ltd RE Aqua agreed to issue the Defendant with a credit card. 2.The Defendant failed to make the minimum payment Is due. The Agreement was terminated following the service of a default notice. 3.The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1.1538.69 2. Costs Defence 1.The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Aqua Card in the past I cannot recall the specifics of the alleged agreement given that the claimant has failed to refer to an agreement account number. 4.Paragraph 2 is denied. I am not aware of service of a Default Notice by the original creditor the claimant refers to within its particulars of claim . 5. Paragraph 3 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 6. It is denied that any amounts are due under any agreement. 7. On receipt of this claim I requested information pertaining to this claim from Mortimer Clarke Solicitors Ltd by way of a CPR 31:14 request sent via 1st class with proof of postage on 15/12/2021. Further to the above I sent Cabot Financial Limited a section 78 request via 1st class with proof of postage on 15/12/2021. To date, neither Mortimer Clarke Solicitors nor Cabot Financial are yet to furnish me with the requested information and therefore remains in default of said request and unable to enforce the alleged agreement until such time it can comply. 8.Therefore with the court’s permission the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 10. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  10. Name of the Claimant ? Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 19 Nov 2021 Date of issue 19/11/21 + 19 days ( 5 day for service + 14 days to acknowledge) = 07/12/21 + 14 days to submit defence = 21/12/21 (33 days in total) Particulars of Claim What is the claim for – the reason they have issued the claim? By an agreement between New Day Ltd RE Aqua & the Defendant on or around 30/10/2017 (the Agreement') New Day Ltd RE Aqua agreed to issue the Defendant with a credit card. The Defendant failed to make the minimum payment Is due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 1.1538.69 2. Costs What is the total value of the claim? £1,733.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes When did you enter into the original agreement before or after April 2007 ? After 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 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? Can’t remember Did you receive a Default Notice from the original creditor? Can’t remember Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Couldn’t afford payments What was the date of your last payment? Can’t remember 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? I told them I can’t afford it
  11. Hi Everyone My brother has been sent a claim form from CABOT FINANCIAL LIMITED with the solicitors Mortimer Clarke Solicitor Ltd for an old Aqua card from 2017. He has acknowledged the claim I’ll upload the form any help would be much appreciated.
  12. Hi unclebulgaria67 I am going to be sending this to British Gas today by post Dear Sir/Madam I am writing to you today about how your response to the complaint I raised in August has not met my expectations. I requested back in August to keep my monthly payments the same throughout the winter months so it wouldn’t add to the financial strain Covid 19 has already added to my situation. After speaking to one of your support agents on your online chat service you initially allowed me to change my payment method to standing order and to keep the same amount to pay each month. But when I received my next quarterly bill I can see you changed my FIXED Gas tariff from 2.866p per kWh and 27.963p per standing daily charge to 3.019p per kWh and 32.325p per standing daily charge. This was done with out any notice and when the tariff was in its fixed period and shouldn’t of been changed until Nov 2021. To make matters worse your now asking me to pay my quarterly bills in full when it was agreed I would keep paying monthly by standing order. I have made a complaint to the Ombudsman services through Resolver as I feel I’m getting nowhere with yourselves on this matter. I’ve tried 3 times to contact your customer service department to discuss this and had two calls dropped and one cut off. I want my tariff put back to 2.866p per kWh and 27.963p per standing daily charge from today until it’s end date and I want my October bill recalculated with the right kWh and standing daily charge. I will only be paying monthly by standing order that was agreed back in August. I look forward to your response on this matter. Yours sincerely
  13. What’s there address to complain too because I’m sick of trying to get them on the phone. I’d rather send a letter and they didn’t say anything in writing just said nothing will change if I changed the payment method when I was on the online chat thing. Thanks Andrew
  14. Hi Unfortunately not all is resolved and the story continues. I’ve just been given my quarterly bill which British Gas wants me to pay in full now not through the monthly standing order instalments like they said I could. Not only that it says my tariff changed on the 6th Sep 2021 (the day I changed the payment method) and they are now charging me more for Gas and the tariff is fixed until Nov 2021. They’ve left the Electric the same and that tariff is fixed with them until August 2022. Also my smart meter hasn’t let me see my usage now since I changed the payment method. I’ll upload a copy of my bills https://pdfhost.io/edit?doc=1e9c6228-9b2c-491a-894e-662b266abfb9
  15. My gran passed in Nov 2020 and the property and probate only finished in July 2021 so my mum only got the property in her name July 2021 this year
  16. Council-Tax-Demand-Notice-20212022 IBB.CO Image Council-Tax-Demand-Notice-20212022 hosted in ImgBB that’s the bill my mum got
  17. Thanks Andrew So how do I go about this because my mum stupidly made a payment thinking she had to pay this last month. She was the executor of her mother's will and didn’t pay any council tax from when her mum past Nov 2020 to August this year when she got the demand and only decided to tell me she paid today. She was only put on the land registry in July this year so only became the owner of the property then. So does it mean she has until July next year or when refurbishment finishes whichever comes first to pay nothing then a 50% discount until someone moves in? Thanks Andrew
  18. Hi everyone Just want to check what my mum has to do here. She’s currently refurbishing her late mothers house that she inherited last year. No one is living there and refurbishment isn’t finished on the property. My mum told the council that the house is empty and unfurnished. Any help much appreciated Thanks Andrew
  19. I’ve spoke to them by chat and they’ve said the money from my electric will be sent to the gas in 5 days. The also said I’m free to change to standing order. Thanks for everyone’s help Andrew
  20. Well they’ve said no recovery will happen if I keep up with the £120 a month until December 15th. By then they think my new calculation will be done and that will get the bill down and they will most likely be able to lower the £120 a month after that. Does the liability order matter if I keep up the payment plan since dx100uk said it doesn’t go on your credit report? Looking at my bills I could probably manage £120 until December but don’t think after so should I try and get them to lower it now or wait until then?
  21. Is asking on the phone the only way? I really hate talking to them on the phone but if I have too I will because I want it sorted today. And I have both Electric and Gas from British Gas but there different tariffs. My gas is HomeEnergy Fix Nov 2021v3 and my Electric is Fixed Price Aug 2022v2 Is there definitely no penalty or anything they can do if I just cancel the direct debits and move both to standing order?
  22. I just don’t want to mess my credit rating because it’s actually good and it hasn’t been since 2013 it’s just typical I finally get my rating good and COVID happens. I read that they would just give you the whole amount you owe as a bill to pay in full if you cancel the direct debit. I’m in credit in my electric account just in debt on the Gas part. I’ve got £152.93 credit in the electric and -£187.51 in the Gas and the direct debits are £51.90 for the electric and it was £38.64 for the Gas but they now want £71.94. Can I not just write a letter because I really don’t want to talk to them on the phone again because I’m convinced they say they can’t on the phone when they would if asked in writing. Could they not just use the credit from the electric account to clear most of the Gas so the direct debit doesn’t have to go up? Thanks Andrew
  23. I should start recording the calls I’ll start doing that and that’s the issue I don’t have anything else I can cut as I don’t want to mess my credit rating as I’m finally getting it back on track. Every other bill I have is in contract with a direct debit so I can’t cut it. And my food bill is already as low as I can get it with having my partner and one year old. Thanks Andrew
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