Hi there, firstly apologies if this is in the wrong section. Also I thought I'd keep things quite general so that this might help more people. 1) If I have a contract dispute (money claim) with a supplier and have given them a letter before action (LBA) which they have replied to (I am not satisfied with their answer). Do I still have to waste time going backwards and forwards with them until they stop replying or can I just start the proceedings and issue an N1? 2) In their response to my LBA they had provided some evidence (SMS) which I wish to respond to by providing the whole SMS thread (I didn't think it was necessary at the time of issuing the LBA). Do I have to provide all evidence in which I intend to rely on before sending N1 or can I send it along with the N1? It's been a while since I did a money claim and even though I have been successful doing LBA then N! with full docs (regardless of their negative response) I read conflicting things on the internet that would suggest things have changed a bit.

Hi My wife has received a Pre-Action Protocol for Debt Claims from Drydensfairfax, for an old debt from 1998 at an old address. Arrow recently started sending letters to our new address and continued despite being returned as not known at address. They now appear to be instigating court proceedings. Unfortunately I expect this is not outside the statute of limitations as I have been paying £1 per month by standing order since she defaulted in around 2000/2001 (from my account not hers). Whilst she is working, she is not in a position to pay it off as she is currently just managing to maintain her current credit. Naturally we do not want a CCJ, ideally she is hoping to consolidate her current debt soon to help manage and prevent her credit status worsening. I would really appreciate any advise you could offer, in particular could I ask: - should I send the suggested CPR 31.14 request (as this seems to mention a specific court that has not yet been advised)? - should I send the CCA request to Dydyenfairfax or Arrow? - I have seen a Debt Prove it letter, would this be appropriate? Also, I have listed below the details as suggested: Name of the Claimant ? Drydensfairfax Solicitors/Arrow Global Guernsey Ltd Date of issue – 04/02/2019 Date to acknowledge) - 09/03/2019 - We are instructed by our client, Arrow Global Guernsey Limited, in relation to the above debt. If you do not provide proposals to repay this debt, or respond as otherwise detailed in this letter and it's attachments, legal proceedings may be issued against you in the county court. If such proceedings do become necessary, further costs will be incurred for which you may be liable. The proceedings may then result in a county court judgement being entered against you which will be registered a the credit reference agencies and is therefore likely to affect your ability to obtain credit in the future. Full details of the debt are set out below: The amount owed is £702 and no charges/interest are being added at this stage A statement of account is attached ---(an account summary showing only start balance (£823), total debits (£17), total credits (£138) current balance (£702)--- The agreement this debt relates to was entered into between you and Shop Direct (Carval) on xx/xx/1998 and assigned to Arrow Global Guernsey Limited on xx/xx/2011. A copy of the agreement can be requested using the reply form. ---(should I do this also?---- Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Don't know Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? No What is the total value of the claim? 702 Is the claim for - catalogue When did you enter into the original agreement before or after April 2007 ? before, it was 1998. Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not on my copy, I don't know if deeper searches with linked addresses are any different, credit score is low but I thought this was due to current level of debts 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, Arrow Were you aware the account had been assigned – did you receive a Notice of Assignment? probably but to a previous debt purchaser, it was back in 2011 when Arrow took over but we moved house in 2008 Did you receive a Default Notice from the original creditor? Yes, around 2000/2001 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't know, possibly, but moved house in 2008 and only recently started receiving letters to new address Why did you cease payments? Husband has maintained £1 per month standing order throughout, still paying unless their bank payment details have changed What was the date of your last payment? Feb 2019 unless their bank payment details have changed Was there a dispute with the original creditor that remains unresolved? No, due to credit difficulties Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes and Yes Many thanks again in anticipation of any advice you can offer.

Thanks. I have previously SAR'd Vanquis. I'll dig it out and post here Here's the SAR response jpg2pdf.pdf

I've received the following letter from Lowell solicitors regarding a default from 2012 for about £1700. I've previously tried to negotiate a settlement figure but got very little response. Although I have found a letter they sent last year offering a 60% reduction in the debt. Any suggestions on my next course of action? PAP LOC (1).pdf

Hi All. I was going to resurrect the old thread just for the latest judgement, this is an appeal which confirms the view that the coa emanates from the default notice date of course. I know this is an old thread, but there has recently been a test case which proves the point that a COA is in fact the date of the 87DN. Therefore it should be considered as such when calculating the COA and the subsequent barr date. It ties up the large thread nicely https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html Critically, section 87(1) does not provide merely that a default notice is necessary before the commencement of proceedings to recover everything outstanding under the regulated agreement. It provides that there is no right to treat the agreement as at an end or to make a demand for accelerated payment of outstanding amounts. That is not a "procedural" precondition. It qualifies the substantive legal rights of the creditor. The contractual precondition in clause 8f of the Agreement ("Subject to us sending any notice required … by law) must have the same meaning and legal effect. His Honour Judge Madge, on the other hand, held that the effect of CCA s.87 was that the cause of action only arose after the time specified in the default notice for remedying the default. As said this is the first date that enforcement can start, All. or most points are covered on the judgement and agree with what Sequency or I said at the time. I shall not be discussing this further, it has all been said, unless I see someone being mis-advised.

Hi everyone, following on from extremely similar cases, i requested documentation for service charges of a flat i own. Accordingly to regulations (Landlord and Tenant Act 1985 Section 21, as amended by the Commonhold and Leasehold Reform Act 2002 Section 152) they should have provided evidence within 21 days. 25 days later they sent me some receipts making up 25% of the charges. I asked them if that was all they had for that financial year and they confirmed this. So I had these checked and found usual irregularities like wrong calculations for shares and of course all the missing receipts and invoices for many of the services allegedly offered. For example, lift maintenance is £1000, divided by 10 flats they make it £15. Clearly wrong to me and you, but of course their calculators seem to consider maths an opinion. They don't dispute that these calculations are wrong, but they simply avoid addressing the problem. I asked for a refund of all undocumented charges and overcharged, same as I did with other financial years which they refunded. As soon as they received this request they sent another 3 receipts totalling £20 approx; this was well after the statutory 21 days. I rejected these receipt and told them that I was not in a position to accept any further documents because they had already confirmed that they didn't have anymore and the 21 days had passed long time ago. So they're now playing the ignore game and, as the 14 days I gave them are up tomorrow, I am drafting a lba. If you are still reading I thank you, I know it's a bit long but I wanted you to have a good picture. I have a feeling that this time I will end up taking them to court, so I don't want to make any mistake. My question is: Accordingly to the pre action protocol I should suggest an alternative dispute resolution service, however I don't want to give them an opportunity to get the Ombudsman involved, knowing that they are useless. Can I avoid mentioning ADR in my lba? If I do, could they claim that I haven't complied to the letter of the pre action protocol? Or by ticking yes to mediation on mcol I should be ok? Thanks for your help.

Noting the branding on a cinemas car park, I parked to watch a film. Not noticing any clear notifications to pay, they clearly are there. Naturally this is a Br2ttaN3a managed carpark. I now have two letters. 1. Letter before action from the dubious BW 2. A final 16 day demand before court. I have done the following but have had no response. 1. Recorded delivery letter to parking management company, asking for evidence, print outs, and offence. 2. Recorded delivery letter to BW asking for data restriction. ( they replied saying not applicable ) 3. Letter to my MP 4. Letter to the cinema asking for them to make their signs to the car park clearly state you have to pay - and to step in and make contact. I enclose the two letters. I have sent a follow up email to the cinema stating I will write to the board and the local press - and that my complaint is under unfair contracts. Shall I post the letters here, obviously edited?

Hope I can get a quick bit of advice/knowledge from you guys. Lowell have been sending my husband the usual series of threatograms over a Talk Talk account debt and have now sent us a county court claim form. What makes this especially fun is that this debt is absolutely not ours. We have never had an account with TalkTalk. Hubby has even phoned TalkTalk and verified that he has never had an account with them (and they actually confirmed to us that the debt is question is not and never has been registered at our address - but we can't really use that info because under data protection they shouldn't even have told us that much). Hubby has a very common name and I can only assume that Lowell, being unable to find the actual debtor, have just sent out speculative threatograms to everyone they could find with that name in the hope of bullying someone into paying. We haven't bothered replying to the threatograms because, quite frankly, why should we? It's not our debt and we are under no obligation to send them personal and/or financial information (also, in my past experience of DCAs chasing a debt for a previous resident of our address, these companies are extremely reluctant to remove a name/address from their records unless you can provide them with an alternative address at which to chase - they would rather continue to pursue payment at an address they know not to be that of the debtor than have nowhere to send threatograms to). I am submitting our defence to the claim on the website and it's fairly straightforward because it amounts to, Sorry mate, not our debt, sod off. But I would like to get Lowell in as much trouble with the courts as I possibly can for their unscrupulous shenanigans I would like to know what the regulations are (I know there are regulations DCAs are supposed to follow, not that they often do) about chasing debts/issuing court action etc when they haven't even ascertained that the person they are chasing is the actual debtor. Are they in breach of regulations here? Or are they actually allowed to send out threatening letters to everyone with the same name as the debtor they are seeking and take people to court just because they have the same name as a debtor? Any help/thoughts/guidance much appreciated.

A couple of years ago, my ex-landlord agreed to settle a dispute out of court by paying me £10 a month by direct bank transfer, till he had paid £300 in total. I have just checked my old bank statements, and discovered that he made his first four £10 payments, and has not made a payment since. Knowing him as I do, I don't believe that this was an accident. Would I be within my rights to recommence the previous legal action, deducing £40 from the amount previously sought, and adding on the costs of the new legal action? Or would the court expect me to first contact my ex-landlord and give him the opportunity to settle the outstanding debt? I would far prefer the former, as my landlord is a rude and aggressive person who would probably mess me around further. Just a further thought - If I were to give him a non-negotiable deadline by which to pay the outstanding balance (say, a month), would that be likely to be deemed reasonable by the court, given that the entire debt should have been paid off by now?

Today I received a white county courtclaim form from northampton for the MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012. On 12th Nov PRA Group wrote to me in response to my returned PAP form where I stated I dispute the debt because I need more documents or information Specifically I wrote: I need a copy of (1) the Default Notice, (2) the Notice of Assignment, (3) a complete set of statements detailing exactly how the debt has accrued detailing: (a) All Transactions, (b) Any additional charges, be them by the original creditor or you PRA Group (UK) Limited, the debt purchaser or any predecessor, © Details of all contractual interest added by whom and on what date, (d) List of ALL Payments made toward the Agreement. The PRA group letter on the 12th said, that in response to my query (PAP form) please find enclosed copy of statement of account from MBNA and a copy of the credit agreement (was an online application 2008) plus statements from the MBNA credit card (virgin). The letter goes on to say that they will put the account on hold for 30 days until 12th December to allow sufficient time to receive the letter and contact them. Today I received the county court claim form. I don't know what to do now? Please advise. Should I try to a negotiate an offer with PRA or will I have to pay in full somehow! I don't want a CCJ registered.

Care UK faces legal action unless it pays more than £3m in compensation READ MORE HERE: https://www.gov.uk/government/news/care-uk-faces-legal-action-unless-it-pays-more-than-3m-in-compensation

Hello, Please can you help? Since July 2018 I have Marstons chasing a debt for Severn Trent which I was unaware of until they sent me a hand delivered letter, informing me they had a high court writ. I promptly filed a N224 form to Apply to stay the writ and Set Aside the judgment. However, I misread the instructions prior to the hearing and took my defence statement to the September hearing and presented it to the judge, the application was dismissed as I had not filed the defence statement prior to the hearing. The following day I applied again for a Apply to stay the writ and Set Aside the judgment using N224 and submitted it online. Now in November Marston have decided to chase the debt again and are visiting my home with hand delivered letters. As, I had not received anything from the court, I called them and I found out they had not received it. On the 9th of November, I submitted the N224 by hand to the court, I contacted the High Enforcement Officer and he told he will be executing the writ as there has been a stay order granted by the court? What can I do/ please help

Hi all. Brief background to my delimma; Opened up a vanquis account back in mid 2013, kept on top of it for a few years until I went through an extremely difficult time, they increased my credit limit to £2000 around the same time and I blew the lot and stopped paying because I didn’t care about anything. It was then sold to Lowell’s solicitors I ignored the first letters until I received the pre action protocol letter. I responded to that asking them to prove it. Today they replied stating they were waiting for response from creditor and my account is on hold in meantime. Total debt is £2396. But I also noticed some of the information on this letter is wrong. The last payment date and the amount is incorrect and also the default date. I checked through my bank statements and they’re a month out with the payment date. They have my last payment as November for £70 odd, but my last transaction was in the October for £30 odd. Then the default is recorded in May the following year. I’m wondering if it’s worth letting it go to court if they seem to have wrong information. Would be really grateful for any information or advice anyone has. Many thanks.

The purpose of this thread is to initiate a discussion with fellow eToro customers to examine the possibility of bringing a class action lawsuit against eToro, with the aim of recovering all the money lost on missold products. eToro encouraged thousands of inexperienced customers to bet their money on risky Contracts for Differences (CFDs). I argue that eToro negligently failed to ensure that customers properly understood the risks involved. The majority of these customers would not have put their money at risk if they had been properly informed by eToro. I submit that eToro is guilty of: 1. offering and promoting the use of high leverage, which made the CFD trades extremely risky and tantamount to gambling (before the ESMA rules took effect, leverage as high a x100 was available on some assets, including extremely risky ones like gold and oil); 2. failing to make a good-faith effort to ensure that customers genuinely understood the risks associated with high leverage – their boilerplate warnings were not sufficient to enable inexperienced investors to make a truly informed decision; 3. actively encouraging customers to put more money at risk by telephoning them; 4. encouraging customers to copy so-called "Popular Investors", despite the fact that none of them are professional traders and suffered losses when the favourable market conditions ended. In my opinion, such a class action lawsuit has a realistic prospect of success and is also in the public interest. Customers affected by at least one of the four points listed above can potentially receive compensation if the lawsuit is won by the claimants. This year thousands of customers suffered losses either by using the high leverage that eToro recklessly made available to unsophisticated customers, or by copying incompetent “Popular Investors” like JayNemesis and Wesl3y, who are not qualified to invest money on behalf of others. Let's get some momentum going and start selecting the right law firm to bring this claim against eToro!

Hi all, i've been reading these forums for awhile after a certain run in with Harlands/Xercise4less as it appears i'm not the only one to fall victim to their harassment. I would really appreciate any advice regarding the matter - I know that it's not something to lose sleep over but i'm a bit fed up at the moment. Brief background: July 2018 - I hadn't used the gym in a couple months as I moved to a different area and joined a different one closer to work. I thought I had completed the 11 month obligatory period and decided to cancel the direct debit, but I was mistaken, I still had a month left (although I had not used the gym in a couple months by this point already) August 2018 - They send me an e-mail saying I owe them 36.99 (11.99 missed gym fee and 25 pounds administrative charges.) I ring xercise4less and harlands (a mistake) and do not manage to resolve the matter. I send them an e-mail that I recognise there is a month's missed fee and am willing to pay that, but will not pay them any more and will not offer anything further if they do not accept. October 2018 - They have continued to harass me via e-mail and the charges have accumulated to 110.97 and are they are now e-mailing via CRS. They say that if I do not pay, they will have no option but to take legal steps. So i've drafted a letter which I will send to them via post, but I was wondering if there was anything else I should do/add to the letter before I send it off! Again, thank you for your time and any advice would be much appreciated. Best regards, worriedwort

HI, apologies for randomly contacting you https://www.consumeractiongroup.co.uk/forum/showthread.php?488162-VCS-final-demand-before-court-action - I have received a similar letter from PCN today re a PCN in Edinburgh from May 2015- can I ask what you did re your case? It was def my car, but I was not driving it at the time of the PCN!! Thanks

The lift in our apartment block has had some sort of major failure and is out of action. The management compnay say it will be at least 2 months before work can start, so potentially 3-4 months before it's complete. In the meantime I can't get in or out, so am effectively homeless. This delay is apparently down to the s20 procedures needed before they can even get estimates, is this true and is there no way around it? Surely they wouldn't have to do this if emergency repairs were needed to the roof, for example? Wouldn't me being homeless be an emergency? Any suggestions anyone?

I have just discovered this site and forums, and fear I have made a terrible hash of dealing with Erudio with regard to my own and my husband's old Student loans (My own: 1 from 1990 (unsigned by SLC) for £420 but due to 9.8% interest (!!!!) now over £800 and really should have been written off had Erudio not been involved; and my husband's: 4 from 1993, 1994, 1995 and 1996 respectively and over £5,000). We had been happily deferring re-payment of these loans over the years until Erudio took over. The first inkling that we had that they had been sold to a bunch of debt collectors were involved were the classic "you are in arrears letters". At this point in our lives we were both suffering from health conditions (I had had a nervous breakdown and have since been diagnosed with an autistic spectrum disorder and my husband has since been diagnosed with IBD) - whether this had an impact on our judgement I don't know. We did initially ignore these, and people were saying definitely not to fill in their deferment forms, so we didn't do that either. We have historically been a fairly low income household, and I have never made any re-payments on my loan , whilst my husband briefly made a couple of repayments.(I cannot remember in what year.) We were harassed on a daily basis by telephone calls- often several times a day. My husband's account was then transferred over to Capquest, which did freak us out a little, I have to admit, never having dealt with debt collectors before. The same situation occurred with the letters and phone calls with Capquest. They seemed to be not taking any action on my account. We sent CCA requests in June 2015, to Erudio and received the copies at the end of July 2015. I complained to Erudio in writing about their tactics, their harassment, and asked them to remove the arrears from the account and to consider back dating deferment . I even took this to the FOS - no joy. I complained to SLC and said my loan had been miss- sold - I think I also took this to FOS - also no joy - I was told that I would have been able to access commercial lending operators!! We wrote to the director of Erudio explaining our situation and please could we just defer!! I believe the response was : Capquest are dealing with your account now - talk to them... At this point I became tired and gave up - they just wanted all the money and there seemed no scope for returning to the good old days of deferment. And it seems our accounts would never be written off now as we had broken the terms and conditions - welcome to harassment for the rest of our lives!! Last year Capquest were still harassing my husband - his mental health has been badly affected by his physical health - and he did not work for several months - he works for himself but did not have the money in his businesses to pay himself whilst he was unwell. I wrote to them and told them to back off in no uncertain terms. Neither of us claim disability benefits, we claim tax credits, which has kept us afloat. It had all gone fairly quiet on the Erudio front until a few weeks ago when a "remedy of account" package arrived with statements dating back to 2015, for my husband's loans. Closely followed by default letters for each loan (1993, 4, 5 & 6). And then last week a letter from Drydensfairfax solicitors which appears to be a letter before action. What is interesting is this : ----------------------------------------------------------------- Full details of the debt are set out below: . The amount owed is £5341.45 and no charges/interest are being added at this stage. . A statement of account is attached. . The agreement this debt relates to was entered into between you and SLC on 9th Dec 1993 and assigned to Erudio on 22 Nov 2013. A copy of the agreement can be requested using the reply form. --------------------------------------------------------------- They have stated that the whole amount relates to the 1993 agreement - in which only £800 was borrowed. The reply form also includes boxes where you can dispute the debt. With regards to my account, I have received the same "remedy of account" statements that my husband has, and, yesterday the same default letter. I believe it to be going down the same route. We do not have the money to pay these loans and are still under the re-payment threshold. I do not know what move to make next - as I understand that now they will never be written off, and I don't know what strategy to employ to deal with this new development. Any advice would be hugely appreciated.

Hi everyone, I have been away from home for quite some time and I had checked my letters to see that I have received 3 letters from Euro Parking Services about not being parked correctly in a parking bay. The letters had started from £60, £100 and now £160. The driver states the signs (of both the parking signs and the parking bays) were not clear at the time of when they were there or else they would not have parked there at all. The driver was there for a maximum of 5 minutes as the passenger had went into the tesco express. The visibility of day was poor as it was raining and within the picture you can see the lights of the car are on at 1pm in the afternoon, driver says he would never have his lights on midday unless there was poor visibility (as it was the winter) The current letter states it is a "Letter before court action" and they are asking me to pay £160 otherwise they will tell Gladstone Solicitors to commence proceedings against me. It also says "We refer you to the Practice Direction for pre-action conduct under the civil procedure rules and in particular paragraph 13-16 of the same, which deals with court's powers to impose sanctions for any failure to comply." Could anyone please advise me how to respond to this letter? I feel that the extra £60 is totally unjustified and that given the unclear signs (which they have now updated) and poor visibility due to it raining is also not fair at all. Also, shouldn't a compliant LBC give 30 days notice? Not 14 days? Sorry for making my post long, panicking quite a bit but can anyone help me out please?

Hi My wife received a ticket from Armtrac in Cornwall 1/18. We waited the 56 days for NTK which did not arrive. On Friday 10/8/18 my wife received text from TNC (don't know how they got number) requesting payment. We checked with DVLA to see if Armtrac/TNC had requested Keeper details but it appears my wife forgot to update DVLA of a change of address in 11/17, so NTK could have been sent to old address. My wife received another text this morning to contact TNC to pay or the matter will be escalated. Not sure what to do now. Many thanks for any advice.

Hello, my first post so please bear with me. I owe a debt to Aqua Credit Card. Due to mental health and physical disabilities I got in to trouble and didn't pay it. It was sold on to Lowell Portfolio who have now taken me to court at Northampton. After reading advice I sent a CCA request and a CPPR 31.14. Along with an acknowledgment to defend on 21/05/18. On 18/06/18 I received a letter telling me that this was going to the small claims track. With that I received a questionnaire about mediation. I have been away 2 weeks, while attending a family funeral and received letters to mediate. As I had not responded, I now have a letter Notice Of transfer of Proceedings. I really do not know what to do now, or what this means. I suffer severe depression and fibromyalgia, the worry is now making my conditions worse. Please can someone advise me what I need to do now. Thank you

Hi I wonder if anyone can give some advice please I had a personal loan in 2006 for around £6000 which regularly paid for two years. Unfortunately 2008 I was diagnosed with cancer and had to go to hospital for various ops etc As 1 was unable to work I fell behind with the payments and was defaulted. I then set up a repayment plan with the dept collector of £5 a month in which I paid for around three years I then stopped paying when I discovered that the credit collect had to prove the dept. I then received court summons from Cabot in he post in late 2016. I defended the claim by asking them to prove it letter. The summons was the discontinued by the court and I have not heard anything else from them until last week, they have now sent me all the documents that I have asked for signed loan agreement and statements etc In the mean time my cancer has now progressed and I have been diagnosed terminal 1. my question is have they now got a good case and will I have to pay. 2. should I write to them and tell them, about my illness and give them copies of the hospital letters Kind regards William

Hi, I think I have made a minor mistake - a Ltd company owes us (we are also Ltd company) for an unpaid invoice. The invoice has been unpaid since April, we sent a letter before action by email: I copied this text from something I found online, the number of days was blank so I just put 7 in there thinking it was reasonable. Anyhow I have now read the pre action conduct page here https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct And they mention 14 days. ooops. As the 7 days has elapsed do you think I should send another letter giving 14 days, or should I continue with my Draft MCOL claim? PS Email OK? PPS do only work days count or do weekends count too? Thanks in advance.

Action plan to accelerate remediation of private high-rise residential buildings with ACM cladding READ MORE HERE: https://www.gov.uk/government/news/action-plan-to-accelerate-remediation-of-private-high-rise-residential-buildings-with-acm-cladding

Recently bought an older car for the "Boss" and have had bother with it. Guy I bought from refuses to repair the car which has developed an MOT failure problem on day 1. Seller claims to be a private seller and advertised as such on Gumtree. Found out this guy has a vehicle repair workshop of sorts and sells the odd vehicle mainly sourced from his brother who is a bona fide trader. Am taking him to small claims court if he doesn't pay repair by local garage. Beware motor traders in Kirkcaldy Fife, bearing the same name.