I very recently took out a new insurance policy with Swinton; this was to replace an existing policy which was also with Swinton, although at a different branch. I gave the new Swinton branch all of the necessary info to set up a new direct debit for the new policy, and then cancelled the existing direct debit for the cancelled policy. I have just received a Statutory Default Notice, served under Section 87(1) of the CCA, from the new branch!! It states that it has been issued due to the fact that I have cancelled my direct debit!! I phoned them immediately and explained that the only direct debit cancelled was for the 'old' policy with a different branch. They stated that as they use the same reference number for all of their direct debits, in cancelling my direct debit for the old policy, their systems believed I had also cancelled the new direct debit. They have re-instated my direct debit over the phone, apologised for issuing me with a DN, and offerred £20 in compensation. I am not concerned about compensation per se, but have raised a complaint with them which they say they must officially respond to within 20 working days, as per the FOS rules? I have asked for confirmation that the DN will not appear anywhere on my credit files, along with more minor questions. Is it likely that the DN will be registered with CRA's please, when I've done absolutely nothing wrong?? They told me on the phone that this won't happen, but I thought all DN's would end up on credit files? As the issuing of it was completely down to their own flawed systems, and no payment has been missed, can I try and bring them to task in some way for their ineptitude please? Is there anything else I can do to ensure the DN will not appear on my credit files please? The complaint I raised with them was done over the phone; will this be okay if I need to take things further please?? (I have had an email from them today, explaining that they have opened a complaint on their complaints system, on the strength of my phone call to them). Many thanks to anybody who can point me in the right direction.

Hi all I have received a claim form (its a photocopy and looks different) I cannot use MCOL as there is no user name or password. There is a sticker placed over the top left hand corner with a number on but thats all. The history is I had to leave work as I was a whistleblower and my life in the company was being made very difficult, i also found out I was pregnant and left to reduce the stress I was under. My immediate manager was very supportive but unfortunately is was not enough. I had no idea I would have to pay an early termination fee and feel really wronged. I also feel to issue a court claim is really aggressive action. I never worked again since leaving there so was unemployed. I also leased the car from a lease company but the claim has come from the company I worked for? Any advice or support you can give will be greatly appreciated. The particulars of claim are as follows:- The claimant's claim against the defendant is in respect of outstanding lease car rental and early termination fee by the claimant to the defendant at the defendant's request, payment for which is now required. Full details of the invites have been previously supplied to the defendant. The claimant has complied with Sections III and IV of the Practice Direction on Pre-Action conduct. The claimant therefore claims the sum of £3k demand for payment has been made however the stated sum remains due and owing. The claimant further claims statutory interest pursuant to S69A of the CCA 1984 at the rate of 8% per annum from the date the invoice became due to the date hereof being ££28.44 and continuing interest at the stated rate at a daily rate of £0.68 up until the date of payment or judgement whichever is the sooner.

Back last year my OH had a Old CCJ enforced by IND. He didn't bother trying to set it aside, because he said he owed it. I did insist he applied to have the repayments set at a reasonable amount and the court set it at £10.00 per month. 1st instalment to be paid by the 6th of each month starting July 2014. We actually panicked thought it said June and sent off a £10.00 postal order. Then paying by pay point each month as I wasnt willing to let them have a direct debit (too many horror stories about debt collectors helping themselves). We have made 6 payments so far and then today we get a letter saying we haven't stuck to the agreed payment and that they were sending in the bailiffs. We have all the payment records with the who what and the dates on so we are actually 1 month ahead. My OH thinking that they would be reasonable given these facts phoned them and was called a liar and that they were still going to send the balliffs in. I did warn him though what the likely hood of them being reasonable was I'm thinking to myself a letter with attached copies of all the recipts would be more helpful. A Polite letter yet one that says basically jog on. Can anyone maybe give me a few pointers I could throw their way? I will post up a copy of what I can come up with but some one who knows any rules that I can quote at them I don't know,abuse of process maybe. Would be extremly grateful for any suggestorms.

Hi All Received a court claim dated 6th Nov from SLL Capital for a payday loan I initially took out with Cash Store in 2012 for £800, total figure now stands at over £1350 incl fees, interest and charges. POC's are as follows : 1. The claimant's claim is for the sum of £13**.** inclusive of interest and charges being monies owed under ref **** by the defendant to SLL 2. I will provide the defendant with separate detailed particulars within 14 days after the service of the claim form. AND THE CLAIMANT CLAIMS 1. The sum of £13**.** pursuant to the paragraphs above 2. Further interest upon the outstanding sum at the rate of 8% per annum pursuant to section 69 of the county courts act 1984 from the date hereof at a daily rate of £0.30 until judgment or sooner payment. 3. Costs and court fees I have acknowledged service and intend to defend in full based on incorrect amount claimed due to charges/fees added after termination etc. Any more advice would be appreciated, I will look at other defences but any help gratefully received.

I wonder if the learned amongst you can help me with the following. It is regarding a credit card I took out with MBNA in August 2000. It was assigned to a DCA and the DCA has issued a claim against me. For as back as I can remember whenever I have asked MBNA for a copy of the executed agreement they have supplied the following documents, copies of which I have attached. 1. 1. Signature form 2. 2. T&Cs of credit agreement 3. 3. Financial and related conditions 4. 4. Latest T&Cs When I took out the card, I called MBNA, my details were taken over the phone and a pre-populated application form was then sent to me in the post. I signed it and returned it. I don’t ever remember receiving the two documents (2 & 3) above - T&Cs of credit agreement and Financial and related conditions. Both MBNA and the DCA have insisted they relate to the same credit card and that the document (4) Latest T&Cs were the current ones for the same credit card. A few months ago I applied to have the claim struck out on the basis that the prescribed terms were missing and that the default notice was invalid as it made reference to a non-existent condition. This is really obvious when the documents are checked and cross referenced. I pointed out the following and mentioned Wilson and another v Hurstanger Ltd (1) Condition 3 refers to non-existent condition 2.4. (2) Condition 4B refers to non-existent conditions 2.4, 3.5 and 3.6. (3) Condition 5 refers to non-existent condition 2.1 (4) Condition 5a refers to non-existent condition 2.1 (5) Condition 5c refers to non-existent condition 13.1 (6) Condition 8 (APR) refers to non-existent condition 1.11 (7) Condition 9 refers to non-existent condition 1.8 (4) Condition 13a refers to non-existent condition 2.1 (5) Condition 13b refers to non-existent condition 13.1 (6) Condition 15 is misleading I also pointed out that in the document I signed there isn’t a term stating the credit limit or the manner in which it will be determined or that there is no credit limit. The judge didn’t strike out the claim as she claimed I hadn’t convinced her enough!! Now as the matter stands, the claim will be heard sometime next year. In the mean time, I have successfully claimed back PPI on the account. I am now disputing the default notice on the basis that as MBNA debited PPI premiums without my authority the figure quoted in the default notice is incorrect and invalidates the default notice. The fact that they refunded the premiums without much of a fight is confirmation of this. For this I will be relying on the WOODCHESTER LEASE MANAGEMENT V SWAIN judgement. However a couple of days ago the DCA sent me a new set of T&Cs (headed t&cs just supplied) in the attachments. They now claim that these are the T&Cs that were applicable to my credit card when I first took it out. As you can it is illegible but all the missing prescribed terms seem to be there. Where do I stand with this? If they were T&Cs should they be headed Credit Agreement regulated by the CCA 1974? It just seems a little too convenient that after I raised the above points in court, they are able to produce a document addressing all the missing prescribed terms. Can anyone help me with and offer some advise as to how to challenge them on this. Many Thanks

grounds for apeal anyone know?! thanks

Hi All, I hope someone can help. My partner & I share a house together. The house, mortgage & council tax bills are in her name. She did pay the council tax until she fell into arrears. I eventually discovered the issue & added my name to the bill in 2011. I have paid the bill ever since. Today I received a letter from the council advising me that they have sent an attachment of earning letter to my employer with just my name on it. It states that in 2010 they applied to the court for a liability order against the property and they are now looking to claim back the 2010/11 payments (£1800). Since then we haven't made any attempt to clear off the arrears so they have used the powers given to them by the order to apply for an attachment of earnings. I was aware of the LO but as the letter regarding this wasn't in my name I didn't receive them. I just assumed that this was now attached to the property & will sit there until the property was sold. Two things don't sit correctly with me. Firstly, My name was not on the charging order. Can they really apply an attachment of earning to my employer if my name wasn't even on the bill at the time? Secondly, My partners name is not mentioned anywhere on the letter? Surely this AOE request should be in my partners name not mine? I hope this makes sense?

Hi can anyone help me with this, it’s driving me insane. I was issued a ticket by a smart car for parking in a loading bay whilst dropping of my dry cleaning. What’s really hurts is that I asked the guy in the smart car if I could park for five mins, he agreed, I was only five mins. Surprise, I then get a letter in the post requesting I pay a fine. I contact the council, find out it was in relation to that day, ask to see the video evidence, which just shows my car sitting in the bay, not approaching the driver or returning to my car. Despite numerous phone calls to the parking dept and speaking with lifeless staff who all agree to look into the matter, not one called or communicated back. The 14 day deadline approaches, I speak to the parking payments team, who advise me to pay the reduced £65 or face the price hike, I relent and pay. Then I get some documents out of the blue saying that the matter has been passed to parking appeals. I complete the paperwork, stating what happened and that I’m pretty aggrieved, but I had paid the fine anyhow, only to receive a letter back saying the council’s decision is upheld and I should pay the fine, and the hiked price. What a joke, I explained to parking that I had paid the fine within the allotted 14 days, gave then a copy of my bank statement, they just say, it not up to us, you lost the appeal, an appeal I didn’t bring. I escalate the matter to the local councillor, who ask the parking manager to review, she apologises to him for the lack of communication, but refers him and me to the appeals outcome, caveat pay up the other £65 or court proceedings will be issued. Am I being totally dumb here, I’ve now had to pay another £65, to keep them from issuing court proceedings. The councillor has now washed his hands, the parking team are just away with the fairies, when you can get them, and im out of pocket to the tune of £130. What next? roll over and never trust a warden who can squeeze into one of those smart cars?

Hi all, I have got myself in a mess and probably do not deserve help as its my own fault but here goes. Today i received a Notice of issue of warrant of control from my local county court. The letter states that I have seven days to make a payment of £172 including fees with a remaining balance of £500. If i do not pay this fee then bailiffs will attend in 7 days. Now I think I recall receiving a claim form several months ago from the Northhampton bulk centre court and I ignored it (I am regretting this now). I have several old debts from the early 2000's when i was a student and have moved several times and some remain unpaid. I am unsure what this debt is for. I also received a letter from Bryan Carter today explaining the warrant of control and saying they may take a payment. I know that this means I have a ccj against me but I have a feeling that the debt was statue barred when the ccj was taken out. My questions are: What do I do next? contact Bryan Carter and do a payment plan? What if the debt was statute barred when the ccj was taken out? by ignoring the claim form is it too late to set aside the ccj? I am currently unemployed (living with husband) so cannot offer a substantial amount per month, how do i negotiate with Bryan Carter? I would be really grateful for any help Thank you

Hi, I was caught on London bus on June .. for using rail pass issued for my friend .. later I got summon to appear on court this 30 , Sept .. 1. for using the pass issued for another person 71 b 2.contrary to section section 25(3) I'm a mom of 2 young children,trying for job and don't want to end up with a criminal record on my name I tried calling tfl in this numbers several times ..(02070279158,02030543595,02030543825,02030544374,02030545522) cant get them (I aimed to convince them by pleading guilty )..please help ..please help .. how can I avoid criminal record ? _Chida

ive just received a judgement for claimant from mkdp llp its for £8399 this is a debt from i presume a credit card which was through my ex wifes address and was kept from me now ive recieved this any advice please as i dont have the money to pay this

Hi, I have received a court summons from Cabot Financial over a credit card debt ( Marbles) . I moved house 2 years ago then this appears out of the blue. Can anybody help me with the court paperwork. thanks

I have had a Judgment issued, as the defendant had not responded within the time limit, would you please tell me what happens now? Thanking you in anticipation.

as from may 2023 the Scottish system has changed and is now partly on line for at least SPC claims...DX As the process for those is different to the rest of the UK There are 2 types of actions in Scotland: SIMPLE PROCEDURE- up to £5000 simple and relatively easy to complete yourself. Ordinary Cause Action for over £5000 http://www.scotcourts.gov.uk/taking-...ordinary-cause Ordinary Actions can be more complicated and can also be completed yourself as long as you TAKE the time to research and be able to respond to effectively however you may wish to seek legal advice, especially for Ordinary Cause, on these if you are unsure. All the details on what is required is available at http://www.scotcourts.gov.uk. NOW READ POST 2 BELOW and copy the questions post to your thread and answer them please

Hi All, Here we go again, this time Quid Market. A little bit of background info first, loan taken out September 2013 due for repayment September 2013. Struggled to pay it back and as with all my creditors wrote to them advising them of my situation making an offer of a monthly payment that was affordable. Various emails back and forth, eventually I commence a monthly payment in February of this year. I make the monthly payments, to date I have made 5 monthly payments including one after the claim was issued. During this time i did receive a few emails asking me to pay more and when I was going to clear the account. I replied stating I was paying the most I could. I thought no more of it, I then receive an email from the legal department stating they could no longer accept my payment offer as I had not filled in the Income and expenditure form. I replied stating I had never been asked to fill one in, but I was happy to do so. Two days after replying to the email I receive another from the legal department stating a claim had been issued. details below Issue Date: 20th June 2014 Particulars of claim: Repayment of short term loan paid direct into the defendants bank account on 05/09/2013. Repayment due 30/09/2013, loan not repaid on due date by defendant as per loan agreement. Proactive written and telephone attempts to communicate with defendant has failed to achieve resolution, repayment or acceptable repayment plan. As per our loan agreement a daily rate of interest has been charged since default. Amount Claimed £384.44 + costs of £35.00 Acknowledgement of service filed 3rd July I intend to defend all of this claim. To be honest I was a bit miffed, can't understand why they would issue a claim when I'm making monthly payments, seems a bit naughty to me!

Hi, I've just received a county court claim form from Shoosmiths LLP claiming on behalf of Cabot Financial for an old Premier Man account from the 17/12/2008 for the sum off £406. I don't have any paper work from the account and got into financial difficulty around that time. Can anyone please shed some light on what is the next step, should I ask for a copy of the agreement etc. It says I have 14 days to reply so any help would be much appreciated. I have made no payments since 2008. Regards Mitsy

I have just been issued a writ of control on a £43k CCJ that was put in my Bankruptcy in 2010, however the Natwest whom issued the CCJ put a charge on my property before the Bankruptcy petition was finalised and apparently there was nothing I could do as I wanted to keep the property, which was and still is in negative equity. The writ runs out in a weeks time and they can come and take goods even though I've been bankrupt, is there anything I can do.......

Hello All, I've received a letter from a Bailiff company today saying that I owe £277 for an unpaid PCN issued by Ealing council on the 9th November for driving in a bus lane. I moved out of my old address in Ealing on the 15th November so I have received no letters about this fine, this one today from the bailiff is the first I've heard about it. I only recently changed my car registration details as I had been lodging in a shared house, this must be how the bailiff company have my new address. Is there anything I can do to appeal this fine? It seem very big, I would have paid it straight away if I had known. Any help would be great. Thanks, olly

Hi Don't know if there is anything I can do about this but basically I attempted to pay the Penalty Charge after I got issued with a PCN recently. I was surprised to receive a NtO from the LA as I thought I had paid it. When I checked back through my computer's history I could see that I had visited the LA website and gone to the payment portal and tried to process the payment but it must have failed. I realise that I should have checked to see if the payment went through but I was hoping that if I could demonstrate that there was a genuine error on my part, someone might be minded to allow me to pay at the discounted rate instead of having to pay the full amount now due since the NtO has been issued. I tried emailing the LA parking appeals department, with a screenshot of my history page but I haven't received a reply...am I barking up the wrong tree, or should I just hold my hands up and pay the full amount? Any ideas? Thanks in advance H

Hi all hoping you can help. I sold my car on the 1st March and my car tax ran out on the last day in February. I sold to a car dealer and knew my car was going to auction so didn't put the tax on. I posted my v5 straight after I sold the car but the dvla never received it. I only knew this when I received an outstanding notification so I called and got told that I needed to provide evidence I didn't own the car. I have the deposit slip showing my car registration and the date. I've now received a penalty notice and dont know what to do, having read a lot if your posts on here it seems I'm not alone in this situation. Any advice is appreciated

Hi, I'd be grateful for any help on this issue. I bought a new car on a ballon payment finance scheme. By the time it came to pay the balloon payment of £8K I was out of work due to health issues and for about 18 months the solicitors acting for the finance company accepted informal repayments. Finally they applied for a suspended CCJ (to give their client some protection they said) with repayments by me at the rate of £300 cpm. I did not contest the CCJ as I saw it as reasonable in the circumstances. The CCJ was granted about a year ago and I have managed to keep the payments up. Recently, I discovered that the sum claimed by the solicitors on behalf of their client had in fact been £1,600 lower than it should have been, due to an error on the part of the solicitors. They are now pressing me for payment of the additional £1,800, just as I thought I was getting out of the woods. They are threatening further legal action. What can I / should I do? All help greatly appreciated.

We had a letter put through our door yesterday saying notice requiring possession. The notice is dated 04/02/2014 but we have never seen it before. They want us out by the 10th of april. We didn't know about this until yesterday. And today there were builders in the back garden and they have taken down the fence and cut the garden in half. The letter through the door said they were removing two fence panels. This is only one days notice. The letter says we have rent arrears of £2300 but we have had it calculated for us and it is only £798. We feel stuck now because we have nowhere to go and we feel like we can't argue about the garden because that will make it worse. We know they are just playing dirty and scaring us but we really don't know what to do. They are very rich people who own lots of property so we feel like we can't argue against them. Does this notice requiring possession mean we actually have to move out on that day? I'm guessing they will say that they gave us the notice 6 weeks ago but that's a lie. We can't prove it though. Just remembered one more thing. The letter that came with the notice said we are required to leave the property on april 10th 'as stated in the eviction notice we served on you on the 4th February'. I presume they mean the notice for possession and this isn't actually an eviction notice is it? This all feels very unfair! Any help would be much appreciated.

Hello, I'm hoping someone can help me please. I had a Next Directory account which I stopped paying in 2010 I believe. To make the long story short, I stopped paying my debts because I simply couldn't afford to after hubby's redundancy, not because I was avoiding them. The amount owed was £736. This was sold on to Capquest in 2011 I believe. In February this year, they sent me a letter telling me they intended taking me to court. I responded with a SAR request, to see what data they held. I posted this on the 1st of February (I have proof of postage but couldn't track it on Royal Mail website due to the length of time that has passed I think). They didn't respond at all but on Friday the 21st of March, I received a Claim Form from Northampton court. The particulars of the Claims are : "Part only of monies due under regulated Credit Agreement number ... Between Next Directory and the Defendant the benefit of which was assigned to the Claimant on 14-Mar-11 The Agreement terminated upon the Defendant(s) failure to comply with the terms of the Agreement." The total amount being claimed is £499.99, court fee is £30 and Solicitor's cost £50 totalling claim amount of £579.99 I am not sure what I should do. Are they allowed to ignore my SAR? But do I have a leg to stand on with just proof of posting? Can someone help me please?

Hoping someone can help me with this - seem to be hitting a few brick walls trying to find out correct information myself. (please be nice, I'm a newbie!!) My partner had a judgement order to pay his ex's court fees of £5,500. This was due early October 2013. As a single dad on a low income he did offer in October to pay £100 per month but this was rejected. The next he heard was when the bailiffs came knocking at the door. They claimed they could seize and remove his minibus, and called for a tow truck. I asked what needed to be done to to stop them removing the vehicle, to which I was told the debt had to be paid, I informed them the debt could not be paid in full (they had added charges bringing the total to approx £7816.61) but agreed to make a part payment until I had got some advice. I paid £3,000 on my credit card. It was only after I had made a payment that they would let me read the paperwork inside (it was dark outside at the time) and we discovered that the mini bus was in fact a protected good as tools of the trade, they were therefore not entitled to remove it, and I felt they had obtained the payment through misrepresentation and under duress. The following morning I contacted the bailiff to request a breakdown of the charges, a copy of the writ and request my £3000 back as they had taken a payment under false pretense. They still have not provided a copy of the writ or breakdown of the charge and claimed that the mini bus was not exempt as they believed it was being used for personal use - its an 18 seater VOSO regulated mini bus that has a tacko fitted! he also has a car. When I pointed that out they said they weren't aware of that or that another vehicle was available, I pointed out it was no excuse as they are required to make an assessment with due diligence. The writ has now been stayed pending the balance being paid £100pm to his ex. So I have 2 Questions.... 1) What is the balance? We have written to the ex for her bank details and stated that of her £5500, £3000 has been paid and 25 monthly payments will follow. She has written back saying that its 48 payments of £100 to include the bailiffs costs - can she enforce this? How can we check what she has been charged for and get a copy of the writ? 2) Can I get my £3000 back as a chargeback? I have phoned tesco credit card, they said no as I had willingly handed over my card and therefore entered into a contract with the bailiff? Not accepting this answer I have written to them with a sworn affadavit stating the payment was under duress and the baliff had made a false representation to gain a payment.I have rung them again yesterday to get an update, they say it will be next week before it gets reviewed due to a backlog in that department, but they weren't encouraging as they said it had already been refusedonce. Am I correct in thinking that if the charge back is successful, the £100pm order will still stand, but the bailiffs will go after the ex for their fees as she will then be receiving the payments directly? Sorry for the ramble but there is a lot of back ground! any help greatly appreciated