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  1. Hi, My good friend has been on sickness benefit for a long time at one point she was on dla too. It may have change and she may just be on a pension now, I do not know but will find out. she was taken very ill and is in hospital. However they say they will release her soon. However there are some urgent functional problems in her home that have not been repaired that need repairing plus lesser urgent but equally important work needs doing maybe costing altogether £5,000 upwards. This is aside from cosmetic re decorating that seriously needs doing too. I recall a lady on the programme 'benefits street' got a benefit loan of a £1,000 which she pays back in small amounts, to redecorate her house from orange to purple. What benefits, emergency funding etc. is available? I can pitch in and help, but sadly I can not pay for the work to be done which I would prefer to just be rich so I could just have it all done in a few days for her! Thanks in advance, Clear33
  2. Hi little advice needed as slightly complicated matter and having difficulty seeking advice as no one seems to know what I'm talking about (eg CAB and Shelter) I have a 50% shared property mortgage and housing association leasehold. I have received an eviction notice due to rent arrears. There a suspended possession order in place that included both the mortgage and rent aspects. Due to large legal fees on both accounts I was in discussions with the housing association and they have now obtained an eviction warrant for 9th July. I have already made an appointment to file the N244 form. The notice of eviction was an LT28 I discussed this with my mortgage company, they were unaware of the proceedings and informed me this was the incorrect form and should be for an owner/occupier. CAB have written to the housing association stating my case and offering a payment plan but they are a little hard nosed and not interested. At a bit of a standstill and unsure what to complete on the N244 as still unsure if the correct form was used (trying to speak to my mortgage company to see what they are now aware of). Any help appreciated and hope this makes sense .
  3. Firstly, hello and thank you for taking a moment to consider reading this and helping A close friend used this before, said the advice and support saved him through a very tough time financially, as a result he came out the other side and contributed back to the forum, I hope I'm able to get some advice too. I welcome an experienced user moving this thread to a correct forum, I'm afraid I'm unsure which one is best. I'm reaching out to people to seek advice on a very tricky financial decision we find ourselves stuck in, I'm listening to as much advice as I can get, I hope you'll take a moment to read through it, I've tried to be brief. Thanks in advance.* Myself and my wife have been together 15 years and have 2 children (age 4 and 2)* We lost a long term family business to liquidation in which we were both involved; as a result personal bankruptcy followed immediately afterwards. Myself and my wife are now 5 months into the 12 months of personal bankruptcy.* After the initial assessment into our statement of financial affairs we were signed up to a three year income payment agreement and now pay £80/mth (£40 each) This was originally worked out on two salaries of £30k each and payments are due to be paid for a further 2.5years.* * As can be expected we've found the process incredibly hard, however I find we've gone from a happy relationship of 15 years to near divorce and now have regular (albeit free) counselling sessions. I've contemplated suicide for a while and come fairly close three times. We're short of money every month and have to beg from parents to cover one off expenses that were outside the budget.* On a more positive note, she has just been offered to transfer to a new job at £90k earnings. This is comprised of £40k basic and projected bonuses for around £50k. She's fully investigated and is happy with with proof on how realistic the bonus scheme is. These bonus payouts will fluctuate significantly on a month to month basis.* The income from this one job is far higher than the income for two separate jobs.* The job would involve a huge life change with personal sacrifices on both sides. It would probably also mean me stopping work to look after children full time. She would have to travel more, work away four nights of the week, see the children far less amongst other considerations, however in the weigh up in this area it seems at first definitely worth doing.* It's also worth noting our childcare expenditure is also changing soon with one child moving from nursery to school saving £350/mth and in January the other child's nursery fees reducing by £150/mth as the 15hrs/week childcare allowance kicks in.* There are plenty of variables for us to consider whether this is the right thing to do, we're seeking advice from this forum for knowledgable third parties on the main issue: It is to do with declaring the potential income and expenditure changes.* What to declare, how much is handed over, how, when and for how long etc etc. *Basically this would help us know whether to make so many life changes and if it is all (at least financially) going to be worthwhile.* Any input and ideas in relation to this issue would be gratefully received. Please also reference what experience you may have had in dealing with anything similar.*
  4. Hello All Please can someone provide some urgent advice. I am just about to apply for a mortgage and a mistake made by Volkswagen is affecting my credit score dramatically Around 3 months ago I purchased a new car with Volkswagen and used Volkswagen Financial Service to finance the vehicle After the first payment 18th I called to change the date of payment to 29th which was my payday. The following month the payment was taken on the correct day 29th April. Unfortunately the customer service advisor made a mistake and only changed the date for one month, VW subsequently took the payment again on the 18th May. I called to complain and had the money reversed. The customer service advisor said that they would collect again on the 29th of May. I checked my bank account on Monday to discover payment had not been taken. I immediately paid over the phone and raised an issue that is being dealt with by a helpful advisor. VW accept that it is their fault. Unfortunately the advisor is not in the correct department and is back and forth with the CR team about it. This last payment has now shown on my credit report as a late payment. My credit rating has dropped from Excellent to Fair I need to get this resolved in the next 48hrs as I have just had an offer accepted on a house and after getting an instant approval in principal I am really scared to apply incase I cause a massive spiral of rejection. Kind Regards Nicholas
  5. Hi there need some help urgently, i have a debt for 6k which has been statute barred for the last 6months when i say statute barred, the last payment was september 2008, and the default date january 2008. the dca 1st credit, contacted me in september, i requested statement of account, and they left me alone.. after which i never heard nothing again. about 2 weeks ago, i started receiving phone calls which i ignored from them. today in the post i have received a letter from the original creditor who sold the debt to 1st credit, that back in 2008 they applied a charge to my account when they transferred the debt to another company. and that they were refunding this charge to my account , and also gave me a cheque for the same sum aswell, as a gesture of goodwill. they also state that they have contacted 1st credit to apply this to my account. im in dire straights now, because the original creditor has done this, surely 1st credit can argue because a payment has been received, that this debt is not statute barred? even though its been statute barred since the beginning of the year. has anyone got any experiences in this situation... ive worked so hard to get myself sorted, and now this happens..... i may be panicking for no reason, but it all seems very convenient that since receiving these phone calls a couple of weeks ago, this happens.. hope someone can give me some advice... thanks
  6. Went to ATM link cash machine in my local shop .i wanted to withdraw £500 the machine made the right noises £180 came out the cash machine and then the machine came up with an error I then checked my bank statement which showed £500 taken from my bank.now am £320 down what can i do? Lady in the shop said this evening when the shops closes the machine will be checked will i get this money or not my bank has made note of this
  7. Hi, firstly thanks for reading my post. The reason for urgency is that today I received a letter giving me 7 days to reply. It is dated 1st May, today is the 8th! Lowells/ BW Legal originally tried to get money from me and I sent them the official template letter saying 'prove it'. They ran out of time. They have now started something different saying 'Notice of allocation to the Small Claims Track'. I am required by the court to complete Directions Questionnaire regarding settlement/Mediation. They have included in their letter a copy of my alleged Littlewoods account statement. And a credit agreement that is UNSIGNED!!! They STILL have not proved that I owe this debt. (The questionnaire also asks if I believe the small claims track is the appropriate track, if that is of any help) I need to email today. (its too late to post to court). If it helps here is some further information: -I last submitted my online defence on 3rd March 2015. They did not comply. No signed copy of agreement, no proof of debt being sold etc -There was no further contact between us until 8th April. -They are attempting to mediate. I don't know whether I should to the hearing or mediation or reject the small claims track attempt. I don't know what to put on the form Please help me! Thank you
  8. i bought a car on 30th of march from a dealers in leeds i went to view it, i tried my best to look as im no expert we noticed slight smoke from exhaust we asked him and he said it was due to the repairs he had done and it will wear off after a few days with it just passing its mot i believed him as i presumed that the mot means its road worthy, after the 1st day i noticed the tyre tread on left wheel was completely worn down on one side and after 2 days the engine management light came on so i text the man and no reply i left it a few days and the problem was appearing now physically it was dragging and not picking up speed so i rang him this time and basically he said you bought the car its not my problem its yours im not doing anything for you or that car. so i text him and told him what problems the car had and how when he sold me it it was not roadworthy and that i will report him to trading standards if he will not offer to repair or replace and he basically said see you in court mate. so i had no choice i needed the car to run so i had to go to a different garage upon looking he noticed the front part of the exhaust was falling apart and on diagnostic it showed the coils needed replacing, i fixed the exhaust and left coils as not enough money to pay for it, after 3 days i returned for the coils replacing the mechanic had found he had fitted old reused cheap coils and old reused cheap spark plugs and the valve stem oil seals are failing, so basically ive bought a car that is useless as its only a vauxhalll astra 03 plate... the mechanic did what he could and flushed it out changed oil and coils etc but he said its only going to last 2 months max. im devastated as a single mother id saved up 600 to buy my first car and i might as well of thrown it away and not only that had to spend 300 on top of that to fix. what can i do? i know i have rights but how hard is this to pursue and how much extra will it cost i dont want this person to get away with this. any advice please is appreciated.
  9. Hello need some advice. Been a tenant for 14 months always paid rent when it was due.Small family myself wife and two kids 4 years old and 3 month old baby, Our landlady decided out the blue to put the house for sale and has gave us two months notice Few questions i have 1) our deposit was never but in a scheme we have never had an issue whre do we stand on this 2) with the house going for sale is she allowed to show up when she likes when she has viewings? 3) anyway we can delay the eviction after two months roughly how long have we got if we stay put 4) we have never had a new tenancy once 6 months where up it just rolled over as much info to help us please
  10. on Friday the 17th April I was caught with my little bothers 11-15 Oyster card which is free for him I told the inspector that it was mine but he said I looked to old. I tried convincing him I was 15 but it didn't work out. I know it was wrong of me. I'm 18 but I have a 16+ Oyster card because I'm still in sixthform my travels are free for me I lost my 16+ oyster weeks ago and that's the reason why I used my little brothers Oyster card I told the inspector all of this as well and he took my details in a notebook and asked me to sign it ? I received a letter from Tfl asking me to fill in my details and to comment on my side of the story, they said In the letter I was caught with no valid Oyster card and I could be prosecuted. In the letter I replied back that it was wrong for me and that I was on my way to my aunts who just gave birth and I was desperate to visit her which is why I used my brothers and that I'm sorry aswell as telling them I tried to order a new Oyster card to replace my lost one but it wouldn't work. what I want to know is what actions could Tfl take could they fine me or take me to court even though I have a 16+ free travel valid for myself ?? Please help
  11. Hi guys, I need some advice please. My daughter who resides with me received a train fare fine around 2010, she was arrested by warrant officer early December and taken to court for order to pay WHICH SHE FAILED TO DO!. She is 24 Marstons have called at my door once before they arrived today with a warrant to take goods I opened door would not let them in they both placed their foot in the door so I could not shut it, they said as I opened the door they could enter. The 'fine' currently stands at £569, I phoned the police who attended but were just there to keep the peace. We could not get the money together so they entered my properrty and tried to take my settee television vases lights mirrors etc all my property but I have no receipts for them. I managed to get £250 for them they said they will call tomorrow for the rest if I did not have it they would take MY property and if I failed to open the door they would get a locksmith. The problem we are having is we cant get the rest of the money together what can I do? she owes the money yes buts its my property please help me
  12. hi guys and girls, thank you for taking the time to read this in advance.. this is quite a long story, i will try to keep it as short as i possibly can without missing anything out. i met my now partner a few years ago while going through quire a lot of financial difficulties, which at present are still ongoing. at the time, i worked away for the majority of the week and only being home a couple of days. i lived alone. we met, got on great she had a one and half year old daughter. for a very long time, she was not willing to make us a permanent item or such, having a great deal of trust issues due to physical and mental abuse from her daughters father, which was understandable. eventually came the point i could not afford to keep my own place, so gave it up, my parents, due to my younger sister, would not let me use their address, but kirsty said it would be ok to use hers as we had known each other a while and any mail and such would be safe. i did stay with her on occasions, along with staying with my parents when needed as they both have cancer, so i was needed quite often. a few years later, i found a job closer, but, as it meant not working away anymore, and kirsty still not finding a job, i had to "sofa surf" as i wasnt prepared to put her and her young dependant in jeapordy of losing their home. she finally found a small part time job local to her in a bar, 3 nights a week, and having no family close to her, was able to rely on myself to go to her place of work, collect her daughter and a set of keys, and babysit for her. then, she gets a letter stating she is to be interviewed for benefit fraud, she attended this, the whole while feeling bullied and talked down to, and unable to put her own points accross, they where very rude to her. During this interview, the showed her MY bank statements (which show no evidence of me contributing to her household whatsoever) but apparently as was evidence enough?!?! and that my car was insured at her address (to insure a car an address is needed, and as i worked away, her drive was a safe place to keep my car). no photographic evidence available to the contrary nor of me living there which i wasn't. only one witness statement was read out to her, from her previous employer (which has come to light is now being sent down for a 3rd time for fraud) which actually contradicts their claim. in this statement, in her statement, knowing us for around 6 months, she states we where a couple living together.... yet i would collect my partners daughter from her place of work, and a set of keys to gain access to her home (sometimes get all the way to her home and realise i had no keys and have to go back, also stated in witness statement). my partner told them of my sofa surfing and being homeless, they asked for names, names given, then stated would interview these people and myself.... between ourselve now have 41k in debts to be paid, and not one person including myself have been interviewed except kirsty. myself and my partner are on low wages (her on only 34 hours per week). all of this is causing a lot of mental stress to us both, and as you read this, she has been sent home AGAIN as its now causing physical stress to her, causing her problems at work, (she has now found a job as a carer) and in her state is unable to carry out her job to the standard needed. today the cause was an AOE for £19300.91 for housing benefit. neither me nor her can ever be able to pay 41k which will lead us both and her daughter to end up on the street as far as we are concerned. The AOE comes with no court order or anything. just a bog standard printed letter. no liability order. we have also received a letter each stating bailiffs will be coming for 10k of c/t, no court stamp, no wet signature. I am positive ive missed things out, but when i remember will update many thanks in advance apologies, i meant to state, i have no idea what to do, and im useless at letters or correspondence and have never had this to deal with, i myself am still in financial difficulty, and this is putting a huge strain on our family unit. just to point out, we went into the council office stating these debts are unrecognized, i was put onto the phone to one of the interviewers, who in turn was not interested in the slightest and put the phone down
  13. Hello to you all, I've turned to this fine site for help on a situation i have found myself in with a company called Excel, and really need the help of someone with some knowledge on this. I was given a parking ticket from Brighton council, whilst parked on a main road, and I completely forgot to pay it. In January of this year, I received a letter from Excel saying I owed them around £160 for non-payment of the fine. I have no issue with this at all. I forgot to pay the fine in time, and so I accept the consequence. And here is where my issues begin. I was away for a few weeks in January, dealing with some family stuff in Spain. I saw the 1st letter from Excel and spoke with them, as their “expected” date for payment was nearing ., and they gave me some extra time to pay. As I’d been out of work since November and not back until this month (injured my wrist and I’m a musician), I realised I wouldn’t have the funds to pay them on the date we agreed. to avoid any further issues or charges, I sent them a letter asking to arrange a way that I can pay them over a few payments. I also explained that the address they have for me is my parent’s address, as that is where the car is registered. I occasionally use one of my parent’s cars as they have an estate car. My parking ticket, so my responsibility. Over a month went past and I heard nothing from them, until a few weeks ago. An “enforcement” agent arrived at my parent’s house, with a "letter of attendance" saying I NOW owe them £387. I’ve been in contact with Excel, but they say they have no record of a letter being received about this issue. I know I sent it recorded delivery, so really annoyed they’re now saying this. Unfortunately, I cannot find the receipt stub I got at the post office to be able to prove that I posted it to them. I feel stupid for not keeping it safer, but as I’m just about to move house, I got rid of a lot of paperwork. My own stupid fault. Like I said, I don’t have any problem whatsoever paying the original £160 fine. I didn’t pay my 1st ticket in time, so it’s my own fault. The issue I have is the extra charges they’ve put on top now, and the fact that my parent’s car could possibly be clamped for non-payment. Sorry for this long message, but thought I’d try explaining as best as I could as I’m a tad worried about this all.
  14. Hi I moved from a rented house to another rented house 8 months ago. There was an outstanding council tax bill of £650 on the old house which I hadn't paid. I gave them my new address etc and promised to sort something out but I then lost my job and have been unemployed since. They passed it onto bailiffs - Rossendales. They wanted £28 a week which doesn't sound a lot but when you add it to all the other debts and current bills etc it was too much I asked them to reduce it until I found work. I sent off the paperwork proof they asked for but never heard anything from them until just now. The bailiff knocked on the door and handed me an enforcement notice saying he would be back in two days to remove goods. I have emailed Rossendales and asked them why they didn't get back to me and what has happened to the paperwork I sent them and why haven't they looked at it. They haven't replied yet. I am at my wits end and don't know what to do. I have enough cash to pay the original debt of £650 but not enough to pay Rossendales which is £900. But if I paid the original debt it would leave me short for the rent which is due in just under 3 weeks time so that would be even worse - maybe!!! I just want to die. Can anybody offer any advice? thanks
  15. Hello, I am trying to write a defence to this claim and I was hoping that you could help me. Name of the Claimant? IDR Finance UK II LIMITED Date of issue? 05/02/2015 What is the claim for – the reason they have issued the claim? The Claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXXXXXX and opened effective from --/07/2003. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required and by --/02/2014 a default was recorded. As at --/02/2014 the Defendant owed Barclaycard plc the sum of £11K. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective --/02/2014 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims- 1. 1110510 2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from --/02/2014 to --/02/2015 of £808.06 And thereafter a daily rate of £2.32 to date of judgment or sooner payment. Date 04/02/2015 signed: IDR Finance UK II Limited Note: The numbers in the Particulars of Claim are the numbers they wrote. Also there is no actual signature from IDR Finance. Is that allowed? What is the value of the claim? £12323 including interest of £808 and court fees of £540. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Barclaycard Credit Card When did you enter into the original agreement before or after 2007? According to IDR Finance, before 2007. 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? I was unaware that account had been assigned. I was not aware of any notice of Assignment. Did you receive a Default Notice from the original creditor? I think I did. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No. Why did you cease payments? Loss of income, injury and illness. What was the date of your last payment? June 2013 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. However, now it seems that while Barclaycard were telling me that the account was on hold and giving me time to sort out my issues and come back to them they were actively trying to sell the account on. I have a letter from Barclaycard agreeing that I have until the 6th of March 2014 to contact them so that we can review my situation and agree a way forward. Unfortunately it looks like they sold the account to IDR Finance before that date. Other information: I have acknowledged the claim and said that I am going to defend all of it. When Link Financial contacted me by phone last year, I thought that they were a debt collector for Barclaycard. We spoke on several occasions and I let them know that I was working with StepChange and gave them my reference number. Each time I spoke to Link they confirmed that there would be no interest or charges on the account however Link Financial / IDR Finance are now trying to claim statutory interest. I have been talking to IDR's solicitors at Link and they agreed an extension for the filing of a defence however I need to file something on the 7th of April. I sent IDR a CCA request in February followed by a CPR 31.14. They responded to the CCA request saying that they were going back to Barclaycard for the documents and that they needed 30 days and they didn't respond to the CPR 31.14. However after both the 30 days they requested for the CCA and the 7 days for the CPR 31.14 had expired I raised these requests with their solicitors who told me that they had put responding to these requests on hold while we were talking and that their normal procedure would be to fulfil the requests and then ask for a default judgement on the back of that. They also said that while the CCA request was outstanding they could not file for a default judgement. With the CCA request, I asked for a true copy of the original signed credit agreement an up to date statement showing all of the transactions on the account including interest and charges. With the CPR 31.14 request I asked for a copy of 1. The Agreement 2. The Assignment of the account to the Claimant 3. The Default Notice 4. The Notice of Assignment served to the Defendant. 5. A Statement of Account showing how the amount claimed has been reached. We are still talking but I think that I need to file something just in case they decide to go for a default judgement. Thanks.
  16. Evening I have an eviction notice for Wednesday 1st April. This was a suspended order from 2013 I made all due payments but have unfortunately fallen behind and now owe £4,115.. I filled in an NN24 form but it has been returned as I didn't include copies I will be going to court tomorrow to hand deliver. I have offered to pay £2000 immediately and assured them I will pay the remainder within 2 months but the solicitors have refused this offer and the lender refuses to discuss matter with me. Please any help would be greatfully recieved, Thanks.
  17. Hi there I am posting on behalf of my daughter who is a student in London "I am a student living in London - in wandsworth council - with two other students. Therefore we are exempt from paying council tax. When we first got our council tax bill we sent off our exemption forms. Never heard anything so assumed was all sorted. Months later, we received a reminder, I tried to call the council to say we had sent off forms, could not speak to an actual human being no matter what options i pressed. Gave up as read on a forum that they sometimes send a bill anyway (stupid mistake of mine in hindsight). We then got a final notice letter, I again tried to ring up, couldn't speak to anyone, sent an email. Never heard back. A few days later we got a letter from chandlers debt collectors - all escalated very quickly. If I am honest I think my flatmate, who is foreign and doesn't speak a lot of english therefore we rarely communicate with her, might of being opening the letters and not understanding them and therefore disregarding them, as we have recently discovered she also did it with the electricity bill!!. Chandlers were due to come and collect on the 27/3/15 according to the letter, last wednesday, 18/3/15, i rang the council again, could not get through, scoured their website, they said their calling functions weren't working and to email, emailed and got an automated response saying someone would get back to me in 10 working days. All i want to do is speak to someone to explain that we are students and sent our expemption forms off and what we need to do to make sure they get to the right place next time. Then today i came home to a letter from the bailiffs, they had been around to collect, nobody was in, stated that they would return again and if we ignore the notice they would get a magistrates court order to collect in our absence. I immdiately rang chandlers, they were unhelpful and said there was nothing they could do as it is just an order they get. I then rang citizens advice and they said to pay the debt and they try and claim the money back off the council by proving we are exempt. Which seems ridiculous as we don't owe it in the first place. We are all hard working students and don't even have anything of value apart from my laptop for them to collect, we don't have a TV, car or anything! Fridge etc belongs to the landlords. My plan is to go into the actual council on wednesday (earliest i can do it due to work) and try and explain, but not sure what else to do as chandlers said they would be calling again tomorrow and we are all very worried!!! any help or advice I would be so grateful for!! thank you!
  18. Hi I am new to this forum , although did originally have some excellent help at the end of 2009 , from the original Penalty charges forum on other debt matters , so Im desperately hoping I can gain some help now in dealing with this final matter that is still ongoing since then and has now escalated to a CC claim being issued . Firstly I sincerely apologise for the length of this thread , Im just now desperate to know best action to take and so wanted to try and included all details that would be required. Im in a position of not knowing whether there are any grounds for this CCA is unenforceable or whether I need to try and quickly reach a settlement agreement with Cabot who have issued the CC claim as now the legal owners of this debt. I have already registered on MCOL the “acknowledgement of service” on the 20/3/15 , having received the CC claim issue date of the 4/3/2010. Im simply cannot deal with a CCJ being issued , as I have recently been suffering from health issues because of Stress & anxiety , consequently off long term sick from work and having to have medication for the stress and depression. I have managed over the last 5 years to try and start to rebuild my life and dealt with all other debts and cannot face another 6 years because of a CCJ ! Im afraid Id just reached the point & desperation with this Cap 1 account , as I managed to sort other debts out however it all become to much for me to deal with as I was getting nowhere reaching a similar settlement figure with this as I had with other creditors. Im afraid I suffered ill health most of last year and just wasnt in the mental health to deal with it any further , so it got ignored ! Very Stupid I know but as I say I simply was not well enough to focus on this any more at the time. Any help and advise would be very much appreciated , I really dont want this matter to send me over the edge again . Thank You Details I believe you will need are detailed below : (any other details required please ask & i'll try to post up asap ) Name of the Claimant ? Cabot Financial UK Limited Date of issue : 4th march 2015 What is the claim for – the reason they have issued the claim? 1.The Defendant entered into a credit agreement described by the original creditor as CAPITAL ONE – CREDIT CARD and having account number XXXXXXXXXXXXXXXX (‘the Account’) 2.The Claimant, a UK limited company with company number 3757424, is the assignee and legal owner of all rights previously enjoyed by the original creditor in respect of the Account. 3.The Defendant is indebted to the claimant in respect of the account in the sum of 16919.87 4.The claimant claims the said sum of 16919.87 , plus costs. What is the value of the claim? 16919.87 credit card When did you enter into the original agreement before or after 2007? 22/7/2002 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. Cabot Were you aware the account had been assigned – did you receive a Notice of Assignment? Letter from Cap 1 on 4/5/11 advising they have sold the account to Cabot Financial UK Ltd on the 29/3/2011. Cabot Financial UK Ltd will start reporting against your credit file within 30 days of you receiving this letter Did you receive a Default Notice from the original creditor? Yes on the 7/5/2010 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes debt has been passed from Cap 1 , then FPC debt collection services (on behalf of cap 1 ) , Then Fredrickson International Ltd , then passed back to Cap 1 on 15/12/10 , then sold to Cabot on 29/03/2011. Sent series of e mails to cabot through 2012 stating they had failed to provide the required details and a valid true copy of CCA to me. Why did you cease payments? Redundancy / marriage breakdown & costly divorce / returned to live with parents & they offered some limited financial support to try and resolve & clear my financial crisis out ! Made offer to Cap 1 along with all other creditors on a pro rata basis as I was advised to . Capital 1 was the only one that failed to accept. What was the date of your last payment? Last payment on 3/1/2010 , then could no longer afford to so missed payments from Feb 2010 onwards Was there a dispute with the original creditor that remains unresolved? I disputed the amount as at the time I originally contacted Cap 1 and advised of severe financial difficulties the amount was £15613.65 less £748 charges so £14865.65 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan ? Yes made a offer of £6237 to cap 1 , as full & final settlement on acc as represented circa 42% of the debt at the time . the same % basis that I made to all other creditors that accepted the settlements on a pro rata basis. Offer made on 25.01.10 , details attached . Later offer made to Fredricksons International Ltd as DCA on 22.11.2010 of £7500 as circa 46% of the debt. Response from Fredrickson on 30/1/2010 indicating offer would be accepted but need me to call to discuss matter. Letter from Cap 1 on 15/12/2010 advising matter no longer with DCA (Fredickson Int Ltd ) but been returned to Cap 1
  19. Hi, i really need some good advice on what to do. i was silly and made a mistake about settling up my council tax and stuck my head in the sand. I got two enforcement arrangements made and passed over to jacobs. i set up a payment plan with them which was more than i could afford. they were supposed to take payment every month. I'm not someone who regularly check my bank statements and didn't know the payments had not come out. they said they sent me a letter but i never got one or a phone call. I came home and found a letter in my door saying if i don't pay in 24 hours, that they were going to take my possessions. the debt is for 1700 and i simply don't have the money, i live barely hand to mouth as it is and struggle all the time. it says that if i don't pay in full within 24 hours they will take everything. i have hardly anything of value and the letter even says they will take things even if i am not there. what am i supposed to do? what can i do? jacobs head office says everything is in the hands of the enforcement agent now and they can't/won't re instate the plan with me and its at the sole discretion of the bailiff. what do i do? i have a car i use to get to work, i live in a somewhat remotes area and without it i couldn't get to work. i won't let them in at all but they say they can come in without me there! i tried calling the bailiff but got no answer other than to leave my name, number and postcode and he will get back to me. do i need to stay home to make sure he won't come in? i know i was stupid but i tried to fix it but i don't know what to do. i live in a rented flat with my partner and we really struggle financially. do they have to agree to a payment plan? please give me some advice, please.
  20. Hiya Any help would be very much appreciated please. Started up in business in 2003. Due to the recession the business was closed in 2008. Due to lack of money the vat retuns from july 2007 to oct 2008 weren't filed until close of business at end of 2008. The said returns were all sent together with a covering letter stating the business was now closed and I was de-registering for VAT. They replied and sent a form to fill in to officially de-register, which was duly filled in and returned. Somewhere around 2011 I received one of there yellow surcharge letters saying I hadn't filed my vat return on time so a surcharge would be added etc. I phoned up and was told there must be a glitch on the system and to just ignore it. which I did. Then in Feb last year (2014) received a call from HMRC debt management saying we owed in excess of £7000 in unpaid vat saying we were still in business. They were told that is not the case as the business was closed in 2008, and asked they put it in writing. Received a letter stating they had decided the business ended in 2008 and to file the final vat online. I could not file online as never had a log-on (didn't even know you could it was always a paper return). in a panic, I sent them my photo-copies of the vat returns and de-registering form as I did not have a working printer to copy them again. I sent them off with a hand written letter as to why I couldn't file online. Heard absolutely nothing from them until Dec 2014 when received a letter of impending enforcement for £3000. Phoned them up and explained what had gone on and said would send a letter stating we would look for the information and gave various contact details so they could advise a course of action. Letter was sent. Yesterday the bailiffs turned up at the door, hubby told them go away and promptly phone the debt management team. They said they never received a letter to which I cant imagine what hubby said as I was at work, but eventually after looking she said oh here it it and read it back to him. As its been over 7 years since the business closed I dont have the paperwork anymore, but I did find a box of old floppy discs where I managed to get a disc to work with the VAT accounts for the business from start to finish. Phoned HMRC debt management up this morning and said I have all the information that is needed. She informed me that she would arrainge for the vat returns to be re-issued so I could fill them in again and she would personally deall with them and bring this farce to a close. Finally. Well so I thought anyway. 10 mins later she called back and said that vat returns cant be sent in more than 4 years late so the debt still stands and the bailiffs have been informed to continue. Is there anything I can do? It's my word against there's. I know I sent the returns. Why has it taken until now before they suddenly decide I owe them money. I have 14 days before the bailiffs can returned for the money or goods to the value of. Sorting out the appeals procedure letter but that wont stop the bailiffs and I dont have any money. Any ideas please Oh and I forgot. After sending the returns they should owe us money albeit less than £50
  21. Hi all, I have just reviewed my online credit file have discovered that I have a default/delinquent balance registered on there for £97,691. This account was opened in 2007 by someone with an different name, however it reports on my file under my address. The company who have registered this is NRAM, I have identified this is due to a repossession of a house. This is a substantial mount of money that has and will continue to have a detrimental affect on my any guidance how to resolve this??
  22. I will try to keep this brief: We were in financial difficulty and so in July 2012 we gave the keys of our house back to the bank as voluntary repossession and left. We moved from England to Scotland and started afresh. Around xmas time my wives parents forwarded mail from the council to us which was a bill for council tax. I wrote on the bill that we had given the house back to the bank and they should pursue them, and sent it back to the council. Fast forward to October 2013 and we get a letter direct saying we hadn't paid the council tax and that fees had been added. I wrote back telling them exactly what I had written previously. It's been to and fro since then, with them acting like they are above the law. They haven't sent any bills marked Reminder of Final Notice to our address (or any address). They haven't sent any letters before action to our address. They haven't sent any letters giving us a date for the hearings. They haven't sent any letters regarding action after obtaining liability orders - which were apparently gained on the same day as the summons'. They haven't sent any liability orders to us - either a council construct or an original legal document. They even admitted failing to send them to me - they claim to have sent things to our previous address. They instructed bailiffs to contact us - even though we're now in Scotland and this is not allowed. I've complained and pulled them up on loads of stuff but they are trying to fob us off. I have also explained that we haven't paid anything because we simply don't have any money - we wouldn't have given our house up if we had money!!! It seems that because I'm standing up to them they are now saying that they are going to the magistrates and asking for a warrant of commitment and recommending we are sent to prison. This seems like they know they're in the wrong and are just trying to punish us for standing up to their bully boy tactics. I am going to put in an escalation to the complaint today and say that because none of the letters they say they sent were to our current address then the law says we haven't received them and as such they should set aside all summons/liability orders etc. I've seen it suggested somewhere that I can ask the magistrates to set aside the liability orders because of this. Any thoughts on this? How do I go about getting a magistrate to set aside liability orders?
  23. Hi, all, need some urgent advice. TV licence fine debt of £20 was sent to collectica. Had been paying fine off but due to payment issues with ESA, missed two £5 payments. Received a letter from collectica charging me £75 plus the outstanding fine debt of £20. I was really angry that no notice had been given to me of it going to collectica, but it's my fault for forgetting to chase it, called collectica to sort out paying. The guy on the phone was awful and so rude and obnoxious. He left me in absolute tears. He wanted the whole lot in one go, and said that the bailiffs would remove my property, or send me to prison if I didn't pay up. I eventually managed to get him to agree to letting me pay in instalments. He offered 4 weekly instalment amounts, I asked if I could pay double the amount as I get paid fortnightly. instead of 4 weekly instalments, I would pay two fortnightly payments of £52 each fortnight. He was happy with this. I got a call at the crack of dawn on Monday from him to take first payment of £52. The next payment is due Feb 9th, as agreed. Forward to today, i've got a letter from collectica stating my next payment is due. Have just called them and was told I have to pay up today or they will forward to bailiffs. I explained I had an agreement to pay the next payment on he 9th, they are saying I'm lying and that it's due now. I have no idea what to do. Am so upset. Explained that the whole reason I was paying larger amounts was because it was agreed I could pay fortnightly. They just won't listen. now I'm looking at another £230 bailiff charges because they have noted wrong date on computer, and im completely up the creek as it's my word against theirs. Can't believe the upset this is causing, and the debt was only £20. Is there any way I can deal with collectica ? They have made this error and I am so very very angry that they are adding another charge on top. This is just so unfair. Is there anything I can do ? Thank you so much for your time. I just don't have the money to give these people. Paying the two lots of £52 is bad enough and I had to get a damn Wonga loan to give them their first payment.
  24. Hi Had a call from a balliff saying that I hadn't paid the amount. Original Amount was £295 Admin Fee £85 = £380 2 Payments made 27/11 £140 13/01 £150 (Error should of been £240) Upon checking my friend who I asked to pay had only paid £150 not £240 as requested when I advised this I was told that the charges for sending & attending stood, as he has gone to incorrect address is this right. I have today paid the balance outstanding through their automated system. So the original amount is clear. Where do I stand, I don't want to give them my new address, and the Balliff first said he would return to the property with a locksmith & gain entry, when I advised I didn't live at that address he said he would get a warrant for my arrest. I don't want to be arrested, if the amount is clear before he gets a warrant would it still stand, can he go to the old address and just force entry Surely if he goes back to court they have to have all the information up to date and when they check as I've cleared the original balance there is nothing to pay can anyone help as soon as possible.
  25. I really need some advice please and not sure if I am posting on the correct sub forum January 2009 I left my husband and left with nothing, I lived with a friend for a few months who then kindly gave me a job. I then started looking for places to buy to start back on the property ladder but was not earning enough to buy a property on my own as such. my son kindly offered come onto a property with me as he was employed and had a very job at the time. Now I put the deposit down on the property, using the money from my divorce settlement and have made every single mortgage payment since. My son has never even lived at the property ever. He agreed to go onto to the mortgage purely so I could by a place of my own. in the past three years, my son became very ill and kept this from me as he did not want to worry me, (only found out in the last year). He lost his job due to his illness and used his credit card to keep him going and in this time he has got himself in debt. of course the issue has now come to light as he has not been able to pay his credit card. He is now registered as disabled and has not been able to work. He is now in receipt of ESA and the enhanced personal care component of PIP. So has very little money to live on. During all this time he has not managed to keep up with the minimum payment he agreed with Barclaycard and they have now sold his debt onto 1st Credit. He has now received a letter from them asking for full payment with a 20% reduction of £6416.00. If he does not pay the full amount then they said that they will get a CCJ and then a charging order for the property! I have tried to find out as much as I can regarding the charging order and the all I keep seeing is conflicting information. I have also paid off a lot of debt for him already which were secure loans to stop any potential charging orders. I am just not in a position of finding this money for this debt! I simply do not have it. Can anyone offer any advice on what I should do, good or bad, I just need to know for sure on what I should be doing. Many thanks in advance
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