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  1. I recently won a ccj against my brother. Once the ccj was given, with a debt of £40k my brother declared himself bankrupt. Prior to declaring himself bankrupt he transferred £30k to a third party bank account (he did not declare this when we were in court regarding the debt he owed me). The Official Receivers found this transaction. We are yet waiting to hear who this money was transferred to, my guess is another sibling. Also he transferred for nil value land and a house in Canada to his now ex wife, who he divorced just prior to going bankrupt. I am hoping these property transactions can be reversed as the total sum for both is around £45k. I am the only creditor so if any monies are received will the receivers reimburse themselves before paying me?
  2. Hi all Looking for some quick advice on a court claim from Lowell dated 5th Feb who have a Lloyds overdraft debt sold to them in 2015 although it was around 2013 that Lloyds kept adding more and more charges and fees etc. The POC is as follows : Author Document Debt assigned on 24/11/15 by Lloyds banking group PLC and the claimant claims 1. 3595.98 2.Statutory interest persuant to section 69 of the county courts act ( 1984) at a rate of 8% per annum from 24/11/2015 to 02/02/18 287.68 and thereafter at a daily rate of 0.79 to date of judgement or sooner payment Ref ****************** ( there ref number here ) I will be defending fully but was thinking of using CPR31.14 but the claim does not mention any documentation. Also is it worth sending a SAR request today to help my defence. As stated I know there are multiple charges on the account, I also do not recall receiving and NOA or documents asking me to bring the account up to date in a set timescale. Also as a side not I am currently self employed under contract work until the end of Feb so if it does go to court can I still receive a CCJ for being self employed or possibly unemployed if I do not get any contract work in the coming months .. Thanks...
  3. Hi, guys. I really need some help! Just rceived this letter from Northampton county court bussines centre. Letter looks like its fake? No real stamp, also no signature? Can you please give some advice whay should i do? Never delt with this before...
  4. Hi Everyone Back again as Caboot are back. They appointed Marrlin who wrote to me asking for payment in full on a debt that I believe to be Statute Barred. Last contact from Arrgos Card Svces was in 2006 when they sent a notice of assigment. Payments continued to Moorcroft, unfortunately I cannot find the paperwork regarding this issue, it may be in attic. which I will need to access later today. I received letter from Reestons yesterday, the letter was dated 7 days prior to me recieving it. I have to contact them by next Tuesday, if I do not they submit a claim to the county court. This now leaves me less than 5 days to deal with this issue. Do I advise Reestons that I believe this debt is statute barred? Or that that I dispute the debt? or should i ask them to provide a CCA? I have asked a debt collector in past to provide a CCA which they could not do. I beleive I should now send a SAR to ARrgoos card svcs, is that correct? I think that I should also ask Caboot to provide a CCA? is that correct? As this is such an old issue I am not sure where to start with it, and as I have very little time to respond really need to know what to send to REsstons. Whatever i need to send will have to be sent Monday at the latest. Poppay
  5. Hi Guys, I am here looking for some help with a matter regarding a parking eye court claim sent to my partner that arrived last week. This is the first we have heard of any infringement and have had no prior correspondence or mail from parking eye . Our Front door opens directly onto the pavement and we do get occasional issues of children pulling mail that hasn't been pushed all the way through, out of mailboxes as they run past and throwing them all over the close. I have been scouring the internet for advice but can't find anything for this issue as yet I am about to send a letter to parking eye and a response to the Claim court but don't want to make any glaring mistakes any help would be gratefully appreciated
  6. Hi, TL;DR version of events: I received a SJPN. I believe I technically am guilty of the charge, but had ignorantly committed the offence out of sheer financial desperation, having had no money and just started a new job. I'm desperate to avoid a criminal conviction. I contacted TfL's IAP to apologise, explained my circumstances, and I provided proof for everything possible and asked to settle this out of court, and that I'm happy to pay the necessary fine. Today they finally responded - with a very generic response to say they wish to proceed with the case... However, the Revenue Control Inspector's statement is factually incorrect, has the date incorrect. The date provided is a date on which I can prove I had a valid ticket. Do I stand a chance at fighting this as 'Not guilty' in court, on the basis that their evidence is incorrect? Complete story: On Thursday 26th July 2018 - I was caught using my mum's 60+ freedom pass by a Revenue Control Inspector on my way to work. I had just started a new job 10 days before, on the 16th July. I had used the card between 18th-26th July (until I was caught) for my commute to and from work. I could not afford a monthly travel card at the time I had been caught as I had been unemployed for past 8 months; maxed out two credit cards, and had been borrowing money from my family to afford rent and food already. I only intended on using the freedom pass until I received my first partial paycheque at the end of the month. I'm not denying - it was a stupid idea, and I obviously hugely regret having used a card I had no right to use. I'm not typically a dishonest person, and this was my first and only offence. 5 months later, just after christmas, I received a Single Justice Procedure Notice, charging me for not having a valid ticket in a compulsory ticket area; 'Contrary to Byelaw 17(1) of the Transport for London Railway Byelaws made under paragraph 26, schedule 11 of the Greater London Authority Act 1999.' Understanding I was guilty of the offence, despite it having been committed out of sheer desperation. I'm also desperate to try and avoid a criminal conviction as I’m currently unemployed, and in search of a job again, and wish to avoid anything that might damage my chances of re-employment. So I emailed TfL's IAP email address, explaining my financial circumstances, expressing that this was my first and only offence, apologising and pleading for any way for this matter to be settled without landing me a criminal record for it would really damage my chances of getting employed again- supplying bank statements, credit card statements, providing anything and everything to support the facts I had stated. ... Today, I finally received a totally generic sounding email response from one of the prosecutors at the IAP department: “On the 27th July 2018 you were approached at ***** ***** station after using a pass to enter that activated the monitors. You produced a 60+ Oyster card that you admitted belonged to your mother. These passes are not transferable and therefore was not valid for you to use…” “…Transport for London intend to continue with the matter listed against you and I would advise you to complete the paperwork and return within the required timescales” I noticed that in their email response they have the date of the incident incorrect, (She said 27th July 2018 instead of 26th July 2018. On the 26th I was caught and cautioned, on the 27th, I actually paid for my fare and can prove it) Furthermore, the Revenue Control Inspector's statement says the incident happened on the 27th instead of the 26th. It's only on the second page of the SJPN under the "Statement of facts" that they have the date correctly stated as the 26th July. Do I stand any chance in fighting this case as 'not guilty' in court, on the basis that the statement given by the Revenue Control Inspector is factually incorrect, and if they were to pull CCTV from the 27th - they'd find that I'd actually used a valid ticket on that date? Any help or suggestions would be massively appreciated. I have 5 days to respond to the SJPN letter Many thanks!
  7. Hi there. I disputed a credit card account by LloydsTSB back in May 2009. At the time I was receiving numerous phone calls to multiple households regarding this. Firstly I requested paperwork to be able to arrange a payment plan based on my incoming and outgoings. this form never arrived. I requested a proof of postage as i did not believe this form had been sent out. i never received this either. My closing statement was this: "Therefore I am requesting that you send me a verification and validation of the debt, I understand that you are required to send this to me by law upon request and that all collections activity must cease until the requested information is provided - this specifically includes any and all phone calls to any number regarding this issue. Upon receipt of the requested information I would be happy to consider arrangements to repay any money that I legally owe." The letter was sent recorded delivery and from the date of delivery I received no further communication from Lloyds regarding this. All phone calls stopped and no more letters were sent by Lloyds. Two (apparently) independent debt collectors wrote to me regarding the account and I wrote back informing them that I was still awaiting documents from Lloyds and that until such documents were received could they please ensure that they were acting in an appropriate and lawful manner. Neither company wrote back. 2 letters were sent to an address in the last 2 months but were returned to sender. Today a letter arrived from IND acting as claimant for this account with a vastly increased amount now totaling over £5000 This seems to be the standard claim form from IND. Northampton Crown Court. I disputed the claim back in 2009 and have not acknowledged it since then. If I respond to this letter then am I not acknowledging the account again? If I ignore this then what is the worst that can happen? A CCJ? Can I question the legitimacy of IND to even be acting in this way with no CCA or signed contract to be found anywhere? As soon as we reach May 2015 this is 6 years old and null and void. is this just a last ditch effort to try and scare me into acknowledging this debt? Thanks in advance for any advice.
  8. On his site people are frequently advised to follow CRA and take errant traders to the small claims court. Success rates appear to be most encouraging. Yesterday, I took a rouge motor trader to a SCC at the local sheriff court, and because of a major error by the sheriff, my claim was reduced by over 66%. What can i do ? Scottish Law
  9. I naively filled out some PPI claim online Pemberton Associates ages ago, gave all info I had to hand. “Electronically” signed all documents. Was sent something in the post which was lengthy, eventually completed & returned. Cut a long story short but I started getting A LOT of emails from this company. Regarding all sorts of things, claims against pay day loans, claims against all sorts of things, there was that much I lost track. I was only ever really interested in PPI and I assumed everything I filled in was to do with PPI. I got a final response saying once they’ve checked my credit history there’s only two companies I could claim against - one being a mail order company (which I owe a mere £80 and the other being my current account, which at the time was overdrawn) I replied saying I didn’t really see the point in perusing a claim against these for the reasons above. To which they agreed. I then started getting emails regarding some payday loan I took out a while back, asking me to send them a copy of some letter. I had no idea what they were talking about and told them this, on top of the fact my balance was zero I didn’t understand why they were looking into it. Fast forward a few weeks and they’re now saying I’ve breached the contract and that i’m Liable for cancellation fee’s if £360 for each company they originally persued (sure there’s about 12 all together) The guy who was emailing me was horrible, very threatening, making out like I was lying, saying they’ve now realised I’ve breached the contract for a second time as I’d not returned documents (this isn’t the case - I’ve returned everything I’ve received) I was getting no where with him, ended up leaving a lengthy yet honest review on trust pilot to which he replied saying if I didn’t remove it they’d sue me for damages. Cut a long story short he reckons he’s issuing court proceedings first thing tomorrow. He’s literally not left me alone all night, threatening all sorts, telling me I am liable for court costs on top of the damages and fee’s already mentioned. Apologies for any spelling errors, currently in the middle of something & frantically trying to explain myself on my phone! Any advice greatly appreciated!
  10. My son visits a local car park to pick up a manager of a local business adjacent to the car park, takes her to Bookers Cash & Carry and then brings her back to the same car park with the few items she has purchased for the business. The car park backs on to the rear entrance of her business and there is an HX Car Parking notice there which says it is OK to stay for up to 10 mins without a requirement to pay for a ticket. After one of these occasions he received a parking charge notice from HX accompanied by a photo of his car entering the car park on his first vist and another of his car leaving the car park on his second visit, total duration 79 minutes. He was only there for a few mins on the first visit and the same on the second which is within the rules stated. The charge was £120 or pay now for £60. We thought this was a simple ANPR technical error and wrote to HX stating this and advised them to re-examine their photos and find the two missing pictures of him leaving and returning which would be the solution to the issue - no response except for another letter stating that the charge had gone up to £125 (not the £120 stated?). We wrote again with the same explanation with no response except for a further letter from their solicitors (Gladstones) giving one last chance to pay the full charge. Upon research I find that HX, Gladstones and their arbitration service are all part of the same group and operating a cash generating machine. We ignored that letter and have now received a county court claim form inviting him to give a response before being taken to court. Any advice appreciated on how to proceed with this. Do I need to get him a solicitor and if so can I counter-claim for the expense? Is there any way of derailing this procedure before it reaches court?
  11. CIFAS handled ny complaint against an application fraud warning in a reckless manner. I decided to take CIFAS to Court. I would like some insights as whether or not CIFAS is subject to Consumer Rights Act 2015 for service provisions? My second question is: are there precedents of consumers taking CIFAS to Court?
  12. 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?
  13. I ordered a Lenovo laptop from Very in November 2016 for a birthday present in December. It was around £375. I tested it before we gave it to our daughter on December 21st and it was fine. She used it to browse the Internet, watch YouTube and play games. And occasionally used photoshop. Around May 2017 I did a scan using the lenovo help centre application that came with the laptop and there was a couple of hard drive errors. I contacted very and they said to contact Lenovo which I did. They said it was hard drive failure and we arranged for it to be picked up and taken to to Germany to be repaired. It took a little over a week to come back. They replaced the hard drive. I switched it on and there was strange display issues. The screen was glitchy and it was unusable. I contacted lenovo again and he told me to try a few things which didn't work so he arranged for it to be picked up again and taken to Germany for a second time. When it returned to us they had replaced the motherboard and the processor. This was around June 2017 and its been working okay until this week when it won't even turn on. I've just about had enough with very and lenovo. I know the warranty is up but surely after replacing three core parts of the laptop I shouldn't be having yet more issues.
  14. • Name of the Claimant: Premier Parking Solutions Limited • Claimants Solicitors: BW Legal • Date of issue: 14/9/18 • Date to submit defence - 16/10/18 • What is the claim for – : 1.“The Claimant's Claim is for the sum of £100.00 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 22/09/2015 (Issue Date) at 09:04:07 at Mount Dinham Exeter 2.The PCN relates to [MY CAR]. The terms of the PCN allowed the Defendant 28 days from the Issue Date to pay the PCN but the Defendant failed to do so. Despite demand having been made the Defendant has failed to settle their outstanding liability. 3.The Claim also includes Statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 22/09/2015 to 13/09/2018 being an amount of £21.76. 4.The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.” • What is the value of the claim: Amount claimed: 181.76 Court fee: 25.00 Legal representative’s costs: 50.00 Total amount: 256.76 • Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim: The Private Parking Company • Were you aware the account had been assigned – did you receive a Notice of Assignment: N/A as far as I’m aware • Have you sent BW a cpr3114 yet: I haven’t seen anything with this reference. I didn’t know that I needed to send BW anything. Via moneyclaim.gov.uk I’ve submitted the required acknowledgment of service and declared my intention to dispute the whole claim which, from what I’ve seen, I can also do online. Do I also need to send BW anything – the court documents don’t indicate as such , unless I’m paying the claimant. The only communication I’ve had with BW is to let them know I had a permit to park at that location at that time – which as expected they considered irrelevant. I’m putting my defence together and would be grateful for any help you can offer. Along the road from my child’s school in Dinham Road, Exeter, is a small residential area, which starts with a church which has on road parking. This area has parking signage from PPS. The church has links with this CofE school but is a separate entity. With the agreement of the church, the school issues parents with a permit, allowing parking in this area for a short period at drop-off and pick-up times. The “infringement” occurred in September 2015 and the claimant alleges that my car was parked in this area while not displaying a permit. The photographs that their legal team have provided do not appear to show a pass on display. I do have a permit and the car was parked within the agreed times. Their legal team has been emailed a copy of the permit but unsurprisingly couldn’t care less – they want my money. Their response failed to directly address the permit I sent and have stated that my responsibility was to abide by the T&Cs and that “As the vehicle involved in the contravention was not displaying a valid Ticket or Permit these Terms and Conditions were broken.” A history of the correspondence I’ve had so far, some of which I’ve uploaded, is below. Hopefully I’ve appropriately redacted what’s necessary but please let me know if not. Thanks all for taking time to help. History so far: 1. 20150922 PPS PCN (uploaded) 2. 20151105 PPS letter (uploaded) 3. 20151208 PPS letter – as before but with £30 admin fees = £130 4. 20151224 PPS letter – as before = £130 5. 20160201 Now with Debt Recovery Plus (DRP). Extra £30 with no explanation = £160 (uploaded) 6. 20160216 DRP – as before = £160 7. 20160302 DRP – as before = £160 8. 20160324 DRP – reduced payment offer of = £160!!! 9. 20170411 DRP – letter before referral for legal action – as before = £160 10. 20180702 BW Legal – letter of claim – now £190 (uploaded) 11. 20180818 My email to BW Legal with permit (uploaded) 12. 20180821 Email from BW Legal requesting my name and address (which was provided in my original email) 13. 20180821 Email to BW Legal advising them that my name and address is in the original email 14. 20180823 Email from BW Legal advising of their right to claim and including pictures – (uploaded) 15. 20180914 County Court letter (uploaded) 16. 20180914 BW Legal letter advising of court claim (uploaded) • attachment.pdf
  15. have a unpaid debt with anglian water. ccj granted march 2013 for a debt of £1,341,98. agreed with them to pay debt off at £5 per month. after a financial income check incomings outgoings. we applied to pay this debt by direct debit payment. they said it could not be done. over the period of time we reduced this debt to about £300. for some reason they cancelled the agreement and enforced this with the high court enforcement group who visited me today. informing me they are collecting a debt of £2,041.15 for anglian water. rather annoyed to find that anglian water never told me of there intentions or giving me a chance to put my case to the court. where is the common sense the debt reducing. then they treble the debt to be honest struggle paying this amount. is the court system just got no sense before they decide what actions they take on people. any advice available here please . contacted anglian water waiting for call back.
  16. I have a county court claim from Lowell Solicitors, acting for Lowell Portfolio Ltd, and would appreciate some assistance in completing the form. Many thanks
  17. Hi All, I'm hoping that someone will be able to guide me through defending the following claim. I have taken a note of the subject information requirements before posting and I believe I've got them listed out correctly, here goes: Name of Claimant: Defence Systems Ltd T/A Park Watch Address for sending documents: Gladstones Solicitors Ltd Date of Issue: 15 June 2016 Timeline: 4 July 2016 (to acknowledge) + 14 Days (to submit defence) = 18 July 2016 Particulars of Claim: Date – 03/08/2015 – Description – Car Registration number/Parking charge notice Ref – Amount - £150.00 – Due Date – 31/08/2015 – Total Due - £150.00. And The Clamant Claims: The claimant claims the sum of £159.48 for parking charges and indemnity costs if applicable including £9.48 interest pursuant to S.69 of the County Courts Act 1984 Rate 8.00% pa from dates above to 14/06/2016. Same rate to Judgement or (sooner) payment. Daily rate to judgement £0.03. Total debt and interest £159.48. Amount claimed = £159.48 Court Fee = £25.00 Legal Rep Costs = £50.00 Total Amount = £234.48 The description reference referred to in their claim relates to ‘stopping in a no stopping area’. I have been contacted by three companies so far regarding this matter. Park Watch (a division of Defence Systems Ltd the ‘Claimant’) on 10 August 2015 (this letter included a photo image of the car in the no stopping area although there is no time stamp displayed on it) and again on 7 September 2015. Then I was contacted by a company called Debt Recovery Plus Ltd on 21 October 2015, 05 November 2015, 20 November 2015, 22 January 2016 and 08 February 2016. Then Gladstones Solicitors wrote to me on 22 March 2016 and then their letter before claim on 06 May 2016. None of the above correspondence gave notice of assignment. However, I have acknowledged service and indicated that I intend to defend. On the day of the alleged offence I had stopped the car outside the front of One Stop Shopping Centre (Perry Barr, Birmingham) to allow my other half to use their toilet facilities. The Mrs is registered disabled and has a blue badge, which was displayed in the car as I waited. I believe I was waiting for about 10 minutes for the Mrs to return. I have since been back to One Stop Shopping Centre and taken a photo of the sign and without zooming in with the camera or photo graph software, the contracting part of the sign cannot be easily read. It was noted that the sign used by Defence Systems Ltd to contract with consumers is about two and a half meters off the ground on a lamp post and on the left of the road. The sign cannot be seen from the driving seat, if your vehicle is right hand drive as mine is. Therefore, I can state that I did not read the sign or knew of its contractual element at the time the car stopped in front of the shopping centre. The sign reads: Park Watch Access Notice Bus Access Only No Unauthorised Access at Any Time Contractual Agreement This Land is Private Property and is managed by Park Watch If you enter this area contravening the above terms and conditions You are contractually agreeing to pay a parking charge to the sum of £100.00 (or the reduced sum of £60.00 if the payment is made within 14 days) should the parking charge remain unpaid you will incur additional costs as a result of further action taken against you Vehicles will be captured on camera the details of the registered owner may be acquired from the DVLA the registered owner will then be notified by post of the issue of this parking charge do not enter this area unless you agree to the above contractual charges Creidt/debit card charges apply, parking control and enforcement action may take place at any time Park Watch and their client accept no responsibility for loss or damage to cars of the contents thereof unless such a loss or damage is caused by negligence of Park Watch. Park Watch is soley responsible for providing space maximisation and is not responsible in any way for the car parks service
  18. any advise welcome. I received a PCN from a PPC. I appealed to them and got standard "get lost" template response In this appeal I told the PPC to stop processing my private data as they had obtained it unlawfully from the DVLA due to the non compliance of POFA, BPA CoP and DVLA contract. I appealed on fact that PCN not PoFA compliant, not BPA CoP compliant and single sign with t&cs was not visible. then Appealed to POPLA on above points and many others such as no contract, etc, etc POPLA upheld my appeal without addressing any of the points except the first one of not PoFa compliant. wrote to PPC and told them again to stop processing my data and confirm within 21 days removed from their systems. no response from them. I have now issued small claims for the damages I suffered - petrol to go visit the site to photograph the sign and layout, stamps, envelopes, parking to post, electricity usage on computer, etc in amount to £400. plus £400 damages for distress under DPA. They are defending saying they had "reasonable cause" to obtain my private data and that Section 35(1) of the DPA applies which allows the DVLA and the PPC to process the data due to the Road Vehicles Regulations Act 2002 27(1)(e). Besides the fact that I think that the definition of reasonable cause by the DVLA is arbitary as they change the definition whenever they see fit and its not defined in legislation and therefore does not meet the requirements of the EU Charter of Fundamental Rights(another whole story ongoing with the ICO for 4 months now!), I believe the PPC is not allowed to process my private data under the Section 35(1) exemption of the DPA, in my opinion, taking the Supreme Court case in The Christian Institute and others (Appellants) v The Lord Advocate (Respondent) (Scotland) into account: http://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKSC/2016/51.html&query=("section+35") Paragraphs 56 and 57 are the most relevant. the reasonable cause provision under Road Vehicles Regulations Act 2002 27(1)(e) is not a statutory obligation and so does not meet the DPA Schedule 2 requirements.(para 57) And paras 3 and 5 of Schedule 2 of the DPA also do not allow the release of private data to the PPC due to the fact that the PPC is not processing the data as a function of a statutory duty. This is also subject of a complaint with the ICO. (para 56) any other thoughts or points I can use to ensure judgement goes my way?
  19. A shampoo ruined my wife's hair through no fault of her own. We've been through the letter route. They only responded once and that was to an email we had also sent, but they acknowledged receipt of the first letter in that email. Exasperated with their denial of liability, we're pursuing them through the small claims court. When I submitted the claim online, the company address I gave was taken from their website contact us page. I'm now having doubts if this was the correct address to use as 1) their registered company address is different 2) The Royal Mail signed for letters never got marked as delivered - it was only by chance the email they had sent mentioned they received the first letter (with the photos). I travelled to their address and saw it was a business unit address possibly used for storage (i.e. a little smaller than a 2 bed terrace). What should I do now the 14 days + 5 days for issuing the court notice is nearly up? They haven't as yet (and are unlikely to) responded to the claim - it is tempting to just ask for judgement, but then I don't want it thrown out of court or find it impossible to collect from them. Any advice apart from see an expensive lawyer which would then make it not worth the costs of it all?
  20. Ok heres the deal. I signed up for a 3 month virgin active membership back around july, after one months use I wanted to cancel, they wouldnt agree and the idiot manager would not even agree to simply talk with me. I didn't use the gym in the last two months but they don't care and the contract doesn't of course. Arc debt collection has been dealing with me, I owed around £170 or something in total ive already paid £90 worth, maybe that was the wrong decision but I do not want to pay them the remainder. I've set loads of dates to pay and many I have not paid and we just rearrange one guy called saying the solicitors will get involved and court action if I do not pay, I do not want to pay them and i did not pay a payment recently. No doubt they will call me saying solicitor or court action will be taken. What should I do??? I know I should have came to this forum earlier. I do not want to pay these morons or go to court and be forced to pay this little amount and travel there since its out of london etc. ????
  21. A company has been contacting me on and off for the past year claiming that I owe them money, to which I repeatedly informed them that I disagree. I heard nothing of it for several months, but today received an email from the company stating that they have a CCJ against me. I have not received a court letter nor a letter informing me of the county court judgement. At the start of September, I moved house, and informed the company of my new address. At the end of October and the start of December, my landlord informed me on both occasions that two letters had been attempted to be delivered (signature required), but my landlord was not in on either occasion and so they went back to the post office and presumably were returned to the sender. Although I thought nothing of it at the time, I now suspect these letters may have been from the court. It appears to me that the company (despite being informed of my new address) deliberately issued a claim against my old address so that they could win the judgement by default, when I inevitably did not respond to the claim I knew nothing about. I have been trying to get details of the claim all afternoon (reference number, etc), so that I can sort this out. I have tried phoning and emailing the company for the reference number, but they have not responded. I have also tried to contact the court, but they cannot confirm whether there is a CCJ against me without me providing a reference number (which I do not have). The last option would be to pay to complete a search on the online registry, which apparently should provide a reference number. I am quite concerned, not so much about the possibility of paying this money, but more about the effect that this judgement will have on my ability to obtain credit and pass pre-employment checks in the financial services industry. I would appreciate any advice on how I should proceed.
  22. Hi I've been getting a number of letters from different debt companies and i stupidly ignored and even stopped opening them. I now have a letter from Northampton county court ordering a payment of over £8,000 for a certain credit card bill. I however suspect that this debt might be over 6 years as i remember getting into financial difficulties and defaulting when i was on maternity leave six years ago. I have read a few threads on here that mention doing a set aside and am guessing this is the route i need take, but am not sure who to contact regarding how old this date is. It was originally with Lloyds bank and has been passed to different companies. They are demanding for payments to start on the 5th April and another 2 companies are issuing their demands too but not gone to court yet. Any advice on what to do is very much appreciated.
  23. "See you in court" were among my last words during the most recent conversation with the eBay call centre in April 2011. Way back on the 17th of February 2011 I ordered a Macbook Pro which cost £570 from an eBay user who was later removed from their system for being a suspicious seller. The seller received five negative feedbacks in two weeks for attempting to con other eBay members. On the 22nd of February I received a very poorly drafted letter from the seller stating I will not receive the Macbook Pro, and the seller advised me to open an “item not received” case with eBay. The seller tracked this letter through Royal Mail and provided the tracking number to eBay to suggest the Macbook Pro had been delivered, when in fact the tracking number corresponds to the letter and not the Macbook. Having spent nearly ten thousand pounds on eBay in January and February of 2011, as well as being the director of an online consumer electronics store, I was well aware that this letter seemed very suspicious and I did not open an “item not received” case as this would have won in the sellers favour by default. I immediately contacted the UK police and reported this matter to them, who responded with a crime reference number. Shortly after contacting the police, I reported the matter to eBay on the telephone and an “item not as described” case was opened. At this stage, I was assured that I was covered by eBay buyer Protection and I would get my money back. To cut a long story short, eBay decided to close the case in the seller’s favour, despite having removed the suspicious seller from their system. They obviously did not take into account my 100% positive account with over 400 feedbacks on high value items. After appealing the case and contacting the customer service department numerous times, I was continually faced with “we need a police report from your local police station” before they refund my money and if I do not produce this within 3 days, my case will be closed permanently. Having already contacted the police, I was happy to attend my local police station with all the evidence, but was disappointed to find that as part of police policy, they would not write a letter or produce a police report for what is a ‘civil’ matter. The only documentation they could possibly provide was a print out of the police reference which takes 40+ days and wasn’t really what eBay requested. The police informed me that the CAD reference they provided should be sufficient for a reputable business to check the details and in fact EBay were requesting something I could not possibly obtain which is a matter for trading standards. The case was closed by eBay and it became apparent that I was getting further and further away from claiming my money back. As a last attempt, on the 13th of April 2011 I decided to write a letter to both the Dublin and Richmond offices explaining the situation. Needless to say, I received no reply. EBay now have £570 of my money and are effectively refusing to give it back. I am not quite sure how they can get away with doing this. On Tuesday the 3rd of May, nearly three months after ordering the Macbook, I submitted a Money Claim Online through the HM Courts and Tribunals Service using the Richmond EBay address. After researching online, I anticipate that eBay will most probably ignore the court papers. Ultimately this means I would ‘win’ over the next 14 days by default judgement. I understand that eBay will then receive a letter from the court stating that they have lost. They will most likely respond to this by claiming not to have received any paperwork from the court and the default judgement will be set aside. A court hearing date will most likely be set in my local court where I will be given the opportunity to show the clear evidence. I will update the forum when I have any further details.
  24. I face a massive fine I can't pay because I ticked the box on my prescription saying I was eligible for free prescriptions. This is because I am on working tax credit I asked the chemist if this meant I got free prescriptions (I was on benefits years ago, i forgot how it works with prescriptions). He said yes, and I ticked the box and got my fee prescription. Then I got a letter saying I was being fined (including what my prescriptions should have cost) £139. I realise, having tried to appeal unsuccessfully, that the onus is one me to read the form and know if I am eligible or not. Fair enough (not really as I've read a lot of accounts of this happening and by now chemists, dental nurses etc, should have been told that they shouldn't falsely tell someone they will be free, they should either have the right information or be told 'read the form, I cannot tell you, and if you get it wrong they'll fine you £100+) but the fine is so excessive I can't pay and feel it is unfair and don't want to pay. You can tell me I am in the wrong if you like, and should pay. But my question is has anyone actually been taken to court to recover the money? I've looked around the internet and can't find anyone who has. So what if I just don't pay, what will happen? Thanks.
  25. 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.
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