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  1. Hi I have just received a change to my credit file alert and when I checked it is a CCJ added by County Court business centre. I do not know who has issued it it just says the amount. It was served at an address I moved from 18 months ago. Can I get this set aside and find out who has issued this? thanks
  2. Hi can anyone advise please? I have received a CCJ threat from BW Legal on behalf of Shop Direct they claim I owe them £1,025.34 (interest court fees included) I rang BW Legal made it very clear I'm not admitting to this debt and they need to prove I owe it Apparently they said the account was opened 2010 ordered 2011 and last payment August 2011. This is over 5.5 years ago. I was in financial crisis, which I have spent the last 5years paying off council tax and rent arrears to rebuild my life. I had a ccj of £5,000 which I only have £400 left to pay. Point is I'm not avoiding paying my debt I just can't remember this Any advise appreciated Momumission
  3. Hi Im new to the site and am looking for some advice so apologies if this is posted in the wrong section. A few years ago I had a unsecured loan and overdraft from Halifax. I became ill and unable to work, did not have insurance and was unable to pay the outstanding money. Stupidly at the time I ignored the letters of demand and eventually they stopped. I obtained my credit file from experian about 15 months later and noticed that two defaults had been registered against me for each debt { the date of defaults was Aug 2002}. As far as I am aware this should remain on my credit file for six years from the date that the default notices were issued, can somebody just confirm that for me please? Also will it automatically be removed from my file or do I have to make an application to have it removed?? My main problem seems to be that since the deault was issued in 2002 that I have had no correspondence from Halifax at all, in fact I was not notified of the actual default notice, had the threatening letters which I ignored but never a letter to say they had gone ahead and filed one. The debt now appears to have been sold onto debt collection agencies, since 2002 I ve had various companies write and threaten home visits, bailiffs court action etc if I dont repay the debt, normally I write back 3 or 4 times explaining my position, inability to pay and request that they cancel the debt, I never normally hear back from them after about my 4th letter then normally 9 or 10 months down the line a different collection agency contacts me about the same debt and the cycle starts all over again. The latest debt collection company wrote to me this week and I have replied to them explaining the above, just out of couriosity I obtained a copy of my credit file and it shows the debt still listed as to the Halifax, same default date but says that is settled with a part payment, now I havent made ANY repayments so I presume this part payment is the payment received once my debt was sold on?? I can handle the debt agencies but my query is this, once the six years is up although the Halifax arent the ones chasing me will these debt agencies continue to keep passing my debt around?? None of these agencies are listed ANYWHERE on my credit file / report? Hope this all makes sense, thanks to anyone who can help me Thanks Jem x
  4. I have two cases with LTSB which are quite complex so please bear with me. Case 1: LTSB credit card debt pre 2007 - CCJ obtained by defaul at Northampton in 2011. I intially defended and it went to a full hearing which I couldn't attend due to family issues and my ental state at the time. They sent some big-time lawyer to the case which added £4K to the CCJ bringing it to near £19K with no interest payable. Got a variation order and have been paying £50 a month since 2012 without missing a month. Debt now approx £16.5K. I got a leteer last week from Lloyds saying they are passing the debt on to Moorcroft to collect. Why would they do that? It's not like I'm going to pay Moorcroft over a Court order? I'll obviously ignore Moorcrap, but am wondering what Lloyds are doing here? this CCJ dosen't show on ANY of my credit files or trustonline but does exist - I phoned the relevant court to see if there's been any movement on the CCJ and there hasn't. LTSB contacted me back in 2014 to tell me that their solicitor has been changed and that the court has been infomed. Well the court knew nothing about that when I phoned them a couple of weeks back so wonder if I can use that in some way? Case 2 Loan with LTSB - CCJ obtained 2011 - not defended as post 2007 - going through a bad time as above. Had the CCJ varied to pay £25 per month which I've paid without fail since. Got a letter from Asset Link in early July this year saying that they have bought the debt from Lloyds. In the same envelope was a letter from Lloyds saying the same thing. Contacted the court [Northampton] to see if there was any movement and they said no, everything was the same as 2011. Well, on a whim a couple of weeks ago, I phoned them back again and was told that the claimant was now Asset Link and had been since 2011 I was on the phone for over an hour with this guy telling me that I had obviously made a mistake and that LTSB were NEVER claimants. Finally he found a note on the file which was a bulk order from a judge changing the claimant from LTSB to Asset Link on a lot of accounts - not just mine. If I hadn't contacted the court, I would have known nothing about this - surely some CPR has been broken here? I have also contacted Asset Link asking for the original credit agreement from LTSB and the current statement of my account. They replied saying it would take them up to 30 days to get the info - it's been over 50 days now so it looks like they don't have it. Their solicitors have also contacted me telling me it's important to keep up my regular payments to the new claimant. I'm sorely tempted to just give up on these two debts. The total is just over £20K and even paying £75 a month as I have been, will take me over 20 years to pay. I'm self employed on low income, don't drive and have little in the way of assets for bailiffs to seize and I rent my home - so in all honesty, what have I got to lose? If you need any letters posted up, just let me know. Thanks for reading and I appreciate any help and advice you give.
  5. I have recently embarked on a mission to clear the debt I ran up when I ran into financial difficulties in 2013. I was struggling in my job at the time and had trouble keeping up with my bills and ended up losing my house and car. I have since recovered and now in a position where I can clear all of outstanding debts. One of the debts that I hadn't got around to yet was around £1500 to Black Horse for the finance on my car. I missed three months payments of £407 and ended up giving them the keys back in December 2013. When I took the agreement out I lived at address 1 and then moved (informed them of the address change) and when they collected the car they collected from address no.2. I now live at a different address over the last 12 months have received numerous letters from Reston's solicitors in relation to the debt. The last letter I received from them was to inform me that I have successfully registered a CCJ against my name and against address no.1. Even though they know I have since moved from address 1 to address 2 where they collected the car and then to address 3 where they have sent me letters. If I had received the paperwork though about the CCJ I would have paid it in full because all of my other CCJs are satisfied and for the last 3 years I haven't missed a payment on any accounts I have and wouldn't want to reset the 6 years of being screwed on a mortgage clock. Is there anyway of me getting this judgement set aside if I have to pay in full? the downside is that I can't find any of the letters they sent me previously, I do have the letter that they sent to my current address to inform me after the CCJ was granted dated 5 weeks from the CCJ date) If I can't get it set aside what action should I take to look into making sure the 1500 is an accurate figure? any help/advice/guidance would be really appreciated
  6. Hi, Could you help me with a Northampton county court claim dated 13 sep 2016 which is for £935.50 + interest. I have acknowledged it online and the issue date is 13 Sep 2016. Claim History A claim was issued against you on 13/09/2016 Your acknowledgment of service was submitted on 22/09/2016 at 20:20:43 Your acknowledgment of service was received on 23/09/2016 at 08:01:36 I want to dispute the whole claim which I have told the court online as im not sure about this credit card or when it was taken out as at that time I had so many debt but im not sure which one this is. Which forms do I need to send off to the claimant and the solicitors. CCA and 31:14? Any help will be appreciated.
  7. Hi, I received a letter from local solicitor acting for PRA Group threatening CCJ on a credit card debt. CC was a RBS cc a/c opened 1994. MBNA took over CC around 2008/9. I never signed a new agreement with MBNA. Due to illness payments were made via PPI. When I was retired due to illness PPI stopped. In the chaos of the time that cc was missed but all other debts were paid off. Amount they say I owe is just over 4k altho I believe it was around £500 when I stopped paying it. I do remember MBNA weren't very helpful at the time when I was telling other creditors of my change in circumstances. Default date is listed on my credit file as August 2010. I have 14 days from 24 March before they start court action. What are my options here?
  8. Hi, I understand the changes that came into effect in 2013 removed the automatic right to enforce a CCJ at a third-party premises and an application must instead be made to the court. I'm struggling to find any information on this, a search of the internet only reveals lots of pre-2013/out of date information. Is there a specific form that must be completed, and if so can someone point me in the right direction please? Thanks
  9. my friend was using an out of school club for her son. She booked in a date but then cancelled it using her work email, when her mother offered to help with the care instead. The session was for £15. She then moved both house and her job 2 months later. A whole year later she found that she had a CCJ on her credit rating for the £15. As she had moved home (with no mail redirection) and changed jobs, she did not receive any demands for payment etc. she paid the £100 or so to have it set aside based on that she never received any demand for payment. She went to court to have it set aside, and they upheld the decision based on the fact she couldn't find the email cancelling the service. It really shouldnt be illegal to damage someones credit rating like this for £15. Is there anything that she can do? She now wants to apply for a mortgage but this is probably going to affect her ability
  10. Hello, i have been divorced form my ex since last year and left him over 2 years ago, he has passed me a letter this weekend, hes still at the home we shared, its for a bank loan we took out in 2005, ex was made redundant a few years after and we got behind etc etc, we arranged to pay with the dca/bank to pay reduced payments, but for the last few years nothing has been paid and we stupidly! maybe thought it had gone away! i have certainly not received anything form them in the last 2.5 years. any advice on how i should proceed with the claim form? the debt is ours, but im sure quite abit of the money they say is owed is interest and default payments? can i admit part of the claim? or is it just easier to offer a small payment per month as im sure it will be registered as a ccj now anyway? am disabled with a very serious llness so on VERY limited income, maximum they will be offered is £5 per month (they saying debt is £13k) and what about my ex? does he do it separately? he works but on a very low wage. any help or advice please would be most welcome, we have i think only 10 days left to do something about sending the form back to the court. def cannot pay in full.
  11. Hi I am in a bit of a mess and would like some help if possible. I have a very old loan of around £7000 which a ccj was gotten on some time ago. Due to other issues I had forgotten about it until recently. Unfortunately the solicitors are now looking to take enforcement action. I know I need to pay this off, but money has been tight. I realise I need to start paying something however I currently have mortgage arrears, water arrears and other current bills to pay. Additionally I have been signed off work for weeks now with stress. I could afford £10 a month for now, do you think this would work until I can get my health and other bills sorted. I don't want to ring them to discuss it so would be looking to write to them. any help appreciated with the amount or what to write.
  12. Avoid parcel2go Ltd terrible company, paid for next day delivery service, took 20 days to delivery. If you try and leave a review on Trust Pilot they report it, even though I have proof. Having to take legal action against them now, already gone to my bank to start chargeback, and starting court case http://www.moneyclaim.gov.uk If anyone else is having same problem, and interested in class action, please let me know.
  13. My friend has a CCJ attached to her house. She would like to make an offer to clear this and would like to know what % to offer?
  14. I had a card from HSBC in 2002. In 2010, I had difficulties paying so I went through the sar process, discovered that I had never signed a contract and tried to negotiate a lower settlement on this basis. In 2011 I missed a deadline to acknowledge a claim from Northampton as so received a ccj via default. I only missed the deadline by one day, spoke with the court and sent in a n244. However, the case was assigned to Uxbridge and so the n244 was lost in the system. So I sent another n244 to the new court and understood that this was in place. I have now discovered that the ccj is in place. I have contacted the court but they are saying there isn't a lot they can tell me but they can confirm there was a set aside hearing but are now telling me it should have been transferred to a court local to myself. It is a little complex for me, can anyone offer any advice please?
  15. Hi All, It's been a long time since i've posted here, as I've heard very little from various DCAs after they failed to produce CCAs for various accounts. In May, i'm looking forward to defaults getting removed from my credit report and finally starting with a clean slate... or so I thought. At the end of last week I received a letter from Blake Lapthorn Solicitors, on behalf of Arrow Global Guernsey (so they use foul tactics to squeeze money from cheaply-purchased debts... then store the cash off shore? Classy). They claim I owe over £4k. Before this letter arrived, I had never heard of Arrow Global. The letter gives me seven days to stick over £4k in the post or they'll issue court proceedings. After receiving the letter, I set up an Equifax report, to find that Arrow Global entered a default for this account at an old address in 2008. As far as I can tell, it's an old Mint credit card that has been in dispute since 2008 (dodgy cca and non-response to full sar, the ICO and FOS were involved). However, this account defaulted back in 2006, meaning Arrow Global have incorrectly added the default (and effectively given me 8 years worth of default in the process). I'm usually pretty good at seeing DCAs and their Solicitors off, however I can't find anything in CAG re: Blake Lapthorn. I have read a few threads that show Arrow sneaking CCJs through with help from Bryan Carter, so I'm trying to establish if I should write a prove it letter to them (ready to go but not posted just yet), or to file under 'ignore' like so many of these letters before. The manipulation of my credit report has realy got my back up, mind. I don't have a copy of the original default (there might be one in the garage if I search extensively), however the default was definitely May 2006 as I went into a DMP at that time. The only creditor that dragged out the default was MBNA. So, CAG, what should I do next? Thanks in advance for your help...
  16. Hello Long time lurker who now has to step out of the shadows and is requesting help please Long story short I have various debts that due to breaking up with a partner and being made homeless and leaving the house with just the clothes on my back i could not afford to pay. This was in September 2008 and at that point I stopped paying all of my monthly payments because i simply couldn't afford them. I have not paid or acknowledged any of the debt since then but up until that point i had made the appropriate payments to the accounts as per the agreements. I have received loads of letters over the years about various debts from DCA's and filed them where they belong in the bin but unfortunately my new wife found the most recent one and got into a panic about it not knowing the rules on these things. So to allay her fears and knowing that everything should be SB from that time i (foolishly) sent the DCA the standard statute barred letter (sent recorded and signed for).. .. and recently received a response from them saying "Under the limitations act 1980 a creditor has six years to pursue for most unsecured unpaid debts. The limitation period starts from the time of your last payment or acknowledgement of the debt, not the total length you have been making the payments. The account was taken out on July 2007 and later defaulted on 28 December 2010 due to non payment. The above balance still remains outstanding as this is not statue barred so please contact us to arrange payment. If no response is received a claim form may be issued incurring costs. If you do not respond to the claim we may apply for a county court judgement....." Now I know for a fact nothing was paid or acknowledged in this time from me stopping paying my normal payments till the adding of the default to my credit file over 2 years later. As per usual with DCA letters i decided to call their bluff on this correspondence.... unfortunately yesterday i get a letter from Northampton County Court saying that they have applied for a CCJ and the relevant forms for me to fill in and send back, the date on the court letter is the 29th September 2016. Now in my mind i have narrowed the debt down to either a laptop or a sofa that was taken out on finance. The amount sounds more in line with the laptop i brought but that was through HFC who i know sold various debts but im not sure who to. The original debtor on the DCA letter is described as creation finance which is who i took the sofa finance out with but the amount seems to low to me for it to be the sofa.... as stated i know for a fact that i have not made payments for these items and hadnt paid any funds in front for it not to be defaulted for a further 2 and a bit years. What has really put doubt in my mind is the long delay on adding the default to my credit file (which i havent checked). But its such a poignant date and time of my life for me not to remember exactly when it was, even now.. .. unfortunately i have no access to the bank accounts i had back then to confirm when i stopped paying. So to the great people and contributors of the consumer action group i ask what you recommend i do from here please. . obviously i want to defend the CCJ as i feel it is statue barred but i have no proof other than my word that i know its statue barred... Should i call Creation finance and try to find out what the original payment dates were? Will a straight defence on the court forms be that i know it is statue barred be sufficient?...... Should i send the acknowledgement of service to buy me the time to decide what to do? I am fully prepared to attend court if needs be to argue this but would like to request that it is moved to a court closer to me as Northampton is an hour and a half drive away is this doable? Please help and thanks in advance.
  17. Hi all, Have today received a CCJ Claim from Hoist Portfolio Holding 2 Ltd. who apparently purchased the debt from MKDP LLP (Ex Barclaycard). According to my records the last payment on this account was made in June 2010, but the assignment in my credit file (just checked on Noddle) is showing the date of default in February 2011 so obviously there is a discrepancy. So, which one is more accurate? I was under the impression that the actual date of default is around 3 months after the last COA, which would lead to September 2010 + 6 years which gives a date of September 2016, which would then make the debt staute barred? And my other question is, do I then go down the statute barred route, or the CCA/CPR31.14 route for them to 'prove it'? Many thanks.
  18. I would welcome some advice on dealing with a Claimform I have received through the post, which was issued on 1 Feb 2017. I intend to defend the claim but need advice on what I need to send back in the first instance and going forward how to prepare the defence. The debt is with Co-operative Energy for Gas/Electricity supply and goes back to 2015. We set up an account in Dec 2014/Jan 2015 and initially had no problems. We set up the direct debit for payments and assumed everything was ok. However, in September 2015 we received correspondence claiming the account was in arrears due to non-payment to the tune of £949.00. I queried this directly with them as we had a direct debit in place and they should have been collecting payment automatically. I also queried why they elected to not contact me for nine months before demanding payment. They wanted to recover the whole amount and were unwilling to allow us to spread the debt over a number of coming months to ease the burden. They eventually agreed to send us further documents to initiate a new direct debit to clear the debt which was again put in place. We moved house in Jan 2016 but stayed with the same provider. Things went quiet and we didn't hear anything until we received correspondence from a debt collector (UK Search Ltd) around 3 August 2016 chasing payment. This was not even sent to us at the new address but sent to my sister-in-law who was listed as an alternative contact address by our previous landlord. The amount had inexplicably jumped to £1,412.49. I contacted UK Search Ltd to ask why the debt was higher and requested a breakdown of where this amount had come from. I also requested to be contacted direct rather than chasing me at my sister-in-law's address. This took some time for them to implement. They went away to get the amount clarified from Co-Op. After a couple of weeks, I received a very brief statement of the outstanding amount. I contacted UK Search Ltd and said it was insufficient as it did not clarify why there was an additional £500 on the debt or where it had come from. They simply said that was the information that Co-Op provided and I had to pay it. I refused to pay money beyond what I actually owed (£949). I then received another letter saying they would offer me to pay £775 to clear the debt if paid by 5 Oct. I tried to raise the funds as this seemed a good offer but was unable to raise the money in the three week period they specified. They have emailed a couple of times and leave phone messages for me to contact them every day to which I have not responded. On February 4 I received a Claim Form dated 1 Feb 2017. Please can you advise my next steps as I need to dispute the amount. The amount claimed has risen again to £1,530.13 and with court fees and legal representatives cost now stands at £1,715.13. I would be grateful for assistance as I intend to acknowledge service but want to defend it and require and help on my next steps please. Thank you in advance.
  19. Hi, thanks in advance, hopefully it's explained properly and I've not over complicated it. I received a genuine Claim Form from Moon Beever Solicitors regarding an unpaid energy bill which I disputed but have caved in to accepting that I owe. I was in some form of denial regarding the debt until the solicitors named above were instructed to pursue a CCJ. The form was issued on 21/FEB/2017. Upon receipt I immediately phoned the solicitor and offered £100 plus £50 every month thereafter until the balance of £1000 was cleared. I specifically stated on the call that I wanted to do this in order to stop the CCJ from going any further - the solicitor said his client (ISupplyEnergy) would accept this and not want to pursue the CCJ any longer I went on to pay the £100, put my offer to him in writing via email and then he replied with the bank details to set up the S/O. He also replied in the email saying that he 'acknowledges' that this is to prohibit the CCJ from being pursued further. I went onto the online portal and sent off an acknowledgement to buy me some time straight after out conversation. I have since attempted to go back online to the portal but it won't accept my claim number / password - what does this mean? Has he cancelled the claim against me? I am genuinely worried about getting the CCJ as I have been paying off my debts for the last 2 years in order to try and get a mortgage and this would be a major set back. Can anyone please advise? Thanks
  20. hi guys been a few years since i visited forum however today received a claim form ccj from lowells regarding an alleged debt from shop direct assigned to lowells in 2012. ..now dont know what it is for as dont use credit, so intend to defend. .now question is.. .as i have no paperwork for this debt or any knowledge where to start? obviously i am time limited due to action now taken by lowells so any advice grateful for
  21. I've recently decided to try and get my credit history back on track. I've requested my stat credit reports and notice that there is a CCJ on there from an old o2 account, which was obviously passed to Lowell and they have a default judgement against me. I didn't know anything about this and I wasn't even aware the mobile phone contract with o2 was a 'credit agreement'. I stopped being able to pay around March 2013, after my redundancy in 2012, when I just couldn't keep up the repayments. I let o2 know about this and offered to pay them a nominal amount but didn't hear anything back. The judgement was made in July 2014 and I moved address in July 2013 with 6 months address forwarding. The strange thing is I had a Barclaycard CCJ come in May 2014 but this one to the new address and I wrote to the court and have agreed a payment plan on it, so no idea why I didn't receive the o2/Lowell one. Interestingly the o2/Lowell CCJ is only recorded on my Equifax report, nowhere else. Is there anything I can do about this? Would I be able to get it set aside? Thanks for any help!
  22. Hello Im not even sure where to start. But a year ago me and my boyfriend tried to rent a house and he was declined because they said when they run the credit checks he had a CCJ. This was done with Experian. He was not aware. He knew he had some arrears with housing benefit but he thought all was sorted. For the last couple of months I start nagging him to try and get his stuff sorted out. We contacted DMC who sent us to another DMC and said our way out would be an IVA. When we got the IVA draft I saw several companies that my boyfriend owed and because I had no papers of anything I decided to get some letters out and ask for loan agreements and even check for PPI myself. One of them already sent us a letter saying that his debt has been cleared and he owes them no money. Other for a Barclays credit card debt that has been taken with another DMC has said they could not find him in the system. Although when I contacted Barclays PPI they said he was still a client there. So unsure he owns them money or not. Now the last one in this draft is the CCJ. That is two companies claiming he has this CCJ. But because I am a bit afraid of contacting the court and get bailiffs in the house I am renting, I run a credit check of him on Experian myself. I have input all his data and addresses that go back to 2008 and he has checked this and there are no typos or mistakes. He is also registered to vote at my/our address (he is paying all his bills and his current accounts all have this address) Voila He actually has a good score but none of the debts or CCJ I described above are in there. There are credit cards and all but it is all accounts he is paying and although at high interest he seems to be ok in this check. I decided to check Trust Online as well. Paid £8 for the England and Wales orders & judgements and also England and Wales Fine Defaults. He came back clean! There is nothing in there too. My question on this is Should I have put the address from when we think he had his CCJ in this Trust online website? I input his current address which is the house we are renting. was this a mistake? All the addresses in question at the time of his CCJ are in Experian thought and nothing points out. I havent used his middle name on Trust online because it didnt ask but used on Experian. Should I? I have been reading some of your posts and it seems these companies find a way to put old debts in. I contacted the guys who drafted the IVA to clear that account. But they keep nagging us to sign into this. But I have my doubts and I am trying to get as much information as I can on everything. And until I am sure he has this CCJ I am not going to tell him to sign anything. I was the one asking him to try and sort this out, but now I am afraid that if he signs the IVA will be worst. THe Experian I run seems legit. Has all of his info so why no CCJ. And why no CCJ on his register? Should I actually be celebrating because I can get a proper mortgage, get married, have kids? Or should I go and try and contact the court risking the fact they can realize they havent chased him and they will start now? Can you please let me know your thoughts on this?
  23. Hello Someone was renting my flat and then left. He believes that I have withheld all his deposit (which I did not, only part of it was withheld for damages). He applied to the County Court to recover the monies but the mail was sent to the flat where I no longer live. Consequently I did not receive the letter from the Courts, or I would have challenged the claim. I have just received a Notice of Enforcement followed by a further letter stating that their Enforcement Officer attended my new flat but was unable to meet up with me to discuss payment. They state that as they were unable to recover the full amount, the enforcement of the Writ has escalated to Stage 2. Apparently this is over £3k. I do not even know how this amount has been arrived at as the rent was under £600 per month. What are the options now open to me? Any advice would be greatly appreciated. Cal
  24. Please help, I'm not sure how to handle this claim and don't want to get it wrong! Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 30th Aug 2016 Date to submit defence = - by 4pm Friday 30/9/2016 What is the claim for – 1.The claim is for the sum of £13718 in the respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxx-xxxxxxxx. The debt was legally assigned from Santander UK PLC to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. 3.The Claimant Claims: 1. The sum of £13718 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 13/8/16 to the date hereof 12 days is the sum of £36.08 3. Daily interest at the rate of £3.01 4. Costs What is the value of the claim? £13718 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cahoot Flexible Loan When did you enter into the original agreement before or after 2007? 20/05/2002 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. HPH2 Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Had a Debt Managemant Plan set up with Payplan from February 2010 of which Santander had agreed to being paid £66.27 per month However, they refused repeatedly to freeze the interest unlike the other creditors in the DMP. This was adding around £200 per month in interest in January 2011 I stopped paying the DMP as it seemed pointless as it would never reduce the debt. The original debt was £10804 at the start of the DMP but 11 months later was £13718 due to them being completely unreasonable. What was the date of your last payment? December 2010 Was there a dispute with the original creditor that remains unresolved? Only with regards the interest whilst in a debt management plan Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, as described above. Payplan had requested all creditors freeze interest and all agreed except Santander. Many Thanks. Brief background: In early 2010 after trying to keep a failing business going I was left with various credit card and a flexible loan debts and the combined monthly repayments became unbearable. I entered into a debt management plan through Payplan paying £324 per month to 6 creditors. By January 2011 the business could no longer trade as I lost my premises and then a few months later lost the house. I considered bankruptcy for the first few years but could never manage to raise the fee (about £750 at the time), then as time passed and I lived in various places the letters became sporadic and it was easier to ignore the few that came. I've had plenty threatening court action from all the usual DCA's and nothing happened until now. I was looking forward to another 4 months hoping it would be statute barred but Hoist have other ideas! I've tried to get an idea by reading all the forums but was wondering if I can do a CCA request for a flexible loan? Also, when checking the FCA register the DCA's licenses don't seem to be active - is this relevant and can it be used? FCA license for Howard Cohen (Cohen Cramer Ltd) Current Status: Lapsed , Permissions Inactive 31/10/2015 FCA license for Hoist Portfolio Holding 2 Ltd Current Status: Cancelled , Permissions Inactive 30/09/2015 I have registered with MCOL and done the acknowledgement on the 8th Sept 2016 and stated I wish to defend the whole claim, problem is I don't know the best way to do it. Any help would be greatly appreciated. Forgot to add, the solicitor on the claim form is Howard Cohen & Co, Leeds
  25. Name of the Claimant - Lowell Portfolio I LTD Date of issue – 17/01/2019 Date to acknowledge) = 04/02/17 Date to defence = by 4pm Friday 17/02/17 What is the claim for? 1) The Defendant entered into a consumer credit act 1974 regulated agreement with Provident personal Credit limited under account reference ********* ('the agreement'). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the Claimant on 26/06/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £2**.** remains due and outstanding And the Claimant claims a)the said sum of £2**.** b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.046, but limited to one year, being £16.92 C) Costs What is the value of the claim? £303.42 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Provident Doorstep loan When did you enter into the original agreement before or after 2007? After 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? Lowell, Were you aware the account had been assigned – did you receive a Notice of Assignment? Unable to tell as she didn't keep letters sent to her, but probably. She recalls letters from Lowell last year but it could be from something else. She has also moved 4 times since this was taken out. Did you receive a Default Notice from the original creditor? Unable to tell as she didn't keep letters sent to her, but probably. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unable to tell as she didn't keep letters sent to her, but probably. Why did you cease payments? Agent never turned up. What was the date of your last payment? She doesn't think she ever made a payment. Was there a dispute with the original creditor that remains unresolved? Does not turning up to collect count? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, when no-one turned up she just ignored the problem. Hi there, Looking for some help for a freind. She has had a claim form arrive this morning for an old Provident account from Lowell. She thinks it may relate to a doorstep arrangement where the agent never turned up to collect but there is no paperwork provided to prove the claim(i thought they had to provide evidence to make a claim). She thinks it dates back to 2009 so well out of the 6 years to chase (is that still a thing). It is also in her old name and the address is incorrect but it arrived anyway (postman is pretty good). She had quite a few debts and any letters that arrive in her old name that have debts info in it she RTS's them(I have told her not to do that again). So, what now? Do I - send a CCA Request to the claimant for a copy of your agreement Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form Fill in the return and Dispute the Claim? Or Just Acknowledge service while awaiting the two above responses? Do I have to tell the court I am doing so?
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