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Name of the Claimant ? Arrow Global Limited Date of issue – 13/07/2016 What is the claim for – 1.The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and HSBC dated on or about Jul 26 2003 and assigned to the Claimant on Feb 26 2013 PARTICULARS a/c no – xxxxxx/xxxxxxxx DATE ITEM VALUE 15/03/2016 Default Balance 3500.00 Post Refrl Cr NIL TOTAL 3500.00 What is the value of the claim? £3700 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft. However, according to Restons, HSBC consolidated a Credit Card into the Overdraft before they sold the debt on to Arrow Global. When did you enter into the original agreement before or after 2007? Before (2003) 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. Account assigned to Arrow Global who issued claim in July 2016 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? I can’t remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Ran out of money so stopped debt management plan What was the date of your last payment? June 2014 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes I was in a debt management plan from 2008 to 2014 Upon receiving the claim in July 2016, I submitted CPR and got a fairly unhelpful response, they said, “You would have been provided with a copy of the contractual Terms and Conditions at the time the overdraft facility was opened and hence we see no reason why you now require an additional copy.” I submitted my defence on time, which was as follows :- 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. The claim is denied with regards to any amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon. 3. I am unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925. On receipt of this claim I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14. To date I have yet to receive the requested paperwork. Therefore with the courts permission the Claimant is put to strict proof to: (a) Show and disclose how the Defendant has entered into an agreement; and (b) Show and disclose how the Claimant has reached the amount claimed for; © Show how the agreement(s) were breached/ terminated to allow the claimant relief; (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Restons have now responded with the following 2 letters in August and September. In the September letter, they mention that the amount claimed is an Overdraft consolidated with a Credit Card. However, the original claim was under the single Overdraft account number. Still no sign of any Contractual Terms and Conditions at the time the overdraft facility was opened. FD Aug 23.pdf FD Sep 20.pdf -
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The countries expert on bailiff law; John Kruse has written in his latest Bulletin about the important subject of bailiff fees when debtors make payment to the creditor (i.e. Magistrate Court, local authority etc). This is a subject that has been discussed often on the forum and thankfully, with the regulations now having been in place for two years, most local authorities understand that if a direct payment is received from a debtor after the account has been forwarded to the enforcement agent, that the Compliance fee of £75 needs to be deducted at source and the balance apportioned on a pro rata basis in line with regulations. The position with Magistrate Court fines is very much simpler. If a debtor makes a direct payment to the court (either in person or on-line), after a warrant of control has been issued, all courts write to the debtor to advise that the entire payment has been forwarded to the enforcement agent so that they (the EA) can deduct their fees in line with legislation. A extract from John Kruse's excellent article is copied in the next post: PS: An detailed explanation of how direct payments are allocated and the pro rata distribution can be read here: http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct -
I was having difficulty with my debts which are around £12K. I am on benefit, and so I foned up Debt Free Direct to see what they could do. I am very upset that all they could offer me was an IVA - 7 years paying £130 a month. Naturally I had to sign up because I was getting constant harassment of one of my creditors Halifax who kept foning me up every day demanding money I didn't have. I am now wondering if the IVA really was the right solution; they didnt offer me a Debt Relief Order which is what I would have prefered. Is there anything I can do besides letting the IVA fail (which I dontwant to do because Halifax will harass me again). Very distressed by the whole thing; Debt Free Direct knew I was on benefits; I really cant see myself paying £130 a month for 7 years, especially as I could loose my benefits at any time anyway, they failed to take this into account. Because of being on an IVA no company would give me advice as I have rung around several this morning; they said the IVA would have to fail before anyone could help me!! NOT happy can anyone please help -
Hi I'm new here so hoping I'm writing in the correct place. I was hoping someone could help me with a query I have regarding a shopdirect/very account I have. Back story - I fell into financial difficulty a couple of years ago and have 6 creditors and a large outstanding debt balance. 5 of the 6 creditors have defaulted my accounts and they show as such on my credit file however shop direct haven't, it says 'up to date' but when you go in to the details there's red marks with differing codes that cover the period since I stopped making the contractual payments. Now although I'm the one that's not kept up their end of the deal and not in a position to moan as such I think it's unfair and going to be more detrimental to my credit file in years to come that I haven't been defaulted. Am I able to make them back date a default date online with all my other creditors in the hope that in 6 years time I can leave this mess behind me or can they keep this going for as long as they wish, the balance has spiralled out of control and I will be lucky to have paid it up in 6 years so feels like I'll have to wait double time to get this to disappear if that makes sense? Thanks in advance for any help or advice. -
When the enforcement regulations were overhauled in 2014, they provided a radical change whereby, a debtor could repay their debt by way of a payment arrangement (usually over a period of approx 3-4 months). Such payment arrangements need to be set up within the very strict time frame outlined on the Notice of Enforcement. This period of time is referred to as the 'Compliance stage' and as long as a payment arrangement is agreed by the date and time given on the notice, an enforcement visit will not be required, and this will save the debtor incurring an enforcement fee of £235. The ‘compliance stage’ is also the period when cases of ‘vulnerability’ should be bought to the attention of the enforcement company (and evidence provided where possible). When the Notice of Enforcement is sent, a Compliance fee of £75 will be added to the principal debt. It is important to make clear that the Compliance fee (of £75) is not a fee for just sending a letter. It is a fee that covers many different costs incurred by the enforcement agent including the setting up of Welfare Departments, training and setting up and managing payment arrangements etc, etc. The second radical change introduced in 2014 was the provided that where the proceeds of enforcement are less than the amount outstanding, that the payment should be distributed on a pro-rata basis between the creditor and enforcement agent. With the ‘Compliance stage’ allowing for short term payment arrangements, the government were concerned that this could cause enforcement agents to operate at a loss until the total debt was paid (and they recovered their fees) and that this could undermine the fee structure and could lead to enforcement agents acting in an aggressive manner in order to recoup the entire debt. It was for this precise reason, that the regulations provide that enforcement agents should be paid the compliance stage in full first, followed by a pro-rata division of proceeds. This is explained in more detail in the following Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014. http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf It has been interesting to observe over the past 3 years the way in which 'debt avoidance' websites reacted to the compliance fee with literally hundreds of Freedom of Information requests being made to councils around the country questioning how each council dealt with 'direct payments' and whether they retained the payment...or forwarded it to the enforcement agent. The advice from these groups has remained unchanged...pay the council direct online the principal debt (minus enforcement agent fees). With Magistrate Court fines, in every case where a payment is received after a case had been passed to an enforcement agency, the court will forward the payment to the enforcement agent so that they can deduct the compliance fee (of £75) and apportion the balance in line with legislation. If the debt in question is a local authority issued penalty charge notice or a liability order, some councils manage direct payments in different ways. Some forward the entire payment to the enforcement agent....some forward just the compliance fee and others keep the payment. Regardless of the internal procedures, the fact remains, that paying the council (or creditor direct) does not avoid paying bailiff fees and this has been the subject of an important legal case details of which are posted below.
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So within the past few months I had used a loan broker site in an attempt to get a loan. I don't know for sure which one so apologise on the unhelpful nature on this account. I was not accepted so thought nothing of it and moved along. A bit later on I had a random debit for £29.50 from a site I hadn't recognised and again at the end of this month the same payment occurred. I finally discovered who this was and it was a site called My Discount Codes, who offer a subscription service for some sort of discounts. Haven't a clue what they actually do since once I discovered this I demanded the account be closed and to be refunded for the money taken from me. They thought they were admirable in refunding me 25% of the funds and believe I signed up when seeking a loan - something I definitely would not have done and should surely require explicit permission - not signing up then hoping people lapse on the free trial they offer. When trying to figure out who they were and in my dealings with them, I was able to access the Zendesk helpdesk and noticed that it redirects sometimes to 'Loans Direct' (and also 'Old Brands' from My Discount Codes. A quick search of this forum shows they are well known for this sort of thing if it is the same Loans Direct company. Few questions; What are the legalities of taking details to sign up for things like this when the details were used for a completely different purpose? Who are the best bodies to address the issues I have here? What is the best way for me to go about getting a refund? Will my bank still be able to do this 2months on? -
@hastings direct Hastings direct smart miles stay well clear
nick.m posted a topic in Motor Insurance
Well what can I say hasting direct smart miles black box insurance, what a joke their black box,s are, they constantly record their data wrong and their accuracy is appalling, my son has been doing his best to keep a good rating and had been doing a pretty good job of it until 2 days ago when he got an extreme speeding warning saying he was doing 61 in a 30 and they had it pinpointed to a place called sambrook crescent, a small cul-de-sac I checked his route on the smart miles map and to my supprise his journey takes him on a dead straight line through the middle of sambrook crescent which is impossible as sambrook crescent is a twisty culdesac and impossible for his 1.0 polo to hit 61mph there sambrook crescent does back onto the bypass which is a 60mph limit, the gps on the black box was out and you can see this from his journey map but hastings direct say there is nothing they can do as the box is never wrong although its plain to see.. i would warn any one thinking of taking a policy up with these people not to bother, their customer service people are the worst ive ever come across and do absolutely nothing to help you, but they are top notch at fobbing you off -
In March/April 2015 I signed up with Flow Energy paying by monthly direct debit. When the fixed rate tariff ended I switched to nPower. Flow energy sent a final bill and I assumed the balance had been taken by direct debit and the account closed. This month I returned to Flow as they had the cheapest tariff for me only to find that later this month I will be making my first payment on the new account, but also £138 which was owing on the earlier account from a year ago. Flow have never contacted me in the intervening year and I was unaware of anything owing. Flow were responsible for collecting anything due and in fact there was a payment made in May, after the final bill leading me to believe that everything had been settled. In an a guide by Uswitch "Regulations from Ofgem ban gas and electricity suppliers from charging customers for energy used more than 12 months previous, if the error in billing is the supplier’s." Perhaps this is not back-billing in the usual sense, but the money demanded is for electricity I used over a year ago and the error in not collecting it was Flow's. If anyone can help, I need advice on whether I should pay.
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The following LGO decision (which was only released this week) is a vitally important one as it deals with a number of misconceptions and inaccurate advice regarding bailiff enforcement. For instance, this decision addresses the following misconceptions:
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Looking for some advice. I've just changed my address with Hastings Direct and, as well as charging me £25 for the pleasure, they have also added an extra £40 onto my car insurance premium. I would be fine with this if I had moved to a higher risk area but I've put my details into comparison websites and the Hastings Direct website using my old and new addresses and I should actually be saving money by moving. In fact their own website has given me a quote that is over £150 cheaper with my new address! I've tried phoning and emailing to get some justification for the extra charge but I keep getting fobbed off with "that's a deal for new customers" or "we're only the broker, we don't make the prices up" or "once charges are put on the account we can't tale them off so there's nothing I can do". I feel that I am being taken advantage of here and I am sick to death of big multi-million pound companies trying to grab every last penny they can. I am absolutely disgusted with Hastings Direct. Can anyone offer some advice or tell me how to get them to listen to what I am saying?! -
Wifes car was run into last week so rang Hastings to register claim which is going through ok as they admitted liability. However realised today due to a big phone bill the call was charged at 41.75+vat. I am completely shocked at this especially as it wasnt our fault. I've registeted a complaint with Hastings to try and sort this out as this seems totally unacceptable to me. Has anyone else had similar issues? Who is the best ones to turn too if no luck with Hastings?
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I'm not sure but maybe you guys are... but is it a norm to charge for "direct debit interest charge"? For me, it's £93.34. Seems excessive. Thanks
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Hi, I've been in a long running saga with Idealworld over a faulty Xhose. I owned it for 2 years and 2months when it fell apart (the inner expanding sleeve parted from the fixing). There is no one that repairs these hoses I contacted IW and said I want a replacement and they said it's over a year old - bug off! I've tried Resolver to see it that would help (as it did when I used it on NatWest) and we had a dialog over 6 months where they offered me exactly 4/6 of the original price of£56 and then they went silent. A month ago I was told by ConsumerGAA (which is what you get instead of Trading Standards) to write to warn them that I would take them to the small claims court - the deadline has passed and nothing has happened now I either have to back off and right off the money or risk taking them to court and the debts that it could incur Thoughts?
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Hi I've got 4 catalogues with late charges but thought i would start very claim first, I've sent my sar letter its came back with all sar information for all catalogue 4 accounts. So my questions are, Do i do one claim letter for very, littlewoods, choice, kays. What address do i send letter too. Also should i put interset rate at 24.9% thanks amy29 -
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
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I have received a Default Notice from littlewoods and very stating that if I don't pay the full amount by such a date then further action may be taken against me, possible court action etc? 6 months ago i had to stop work due to a disability and have been paying £20 per month on each account ( i have two) which is the most i can afford at this point and i am now in arrears on both accounts, one has £600 arrears the other £900arreas . I simply don't have the money to pay them both and thus have only been able to pay £20 per month on each one. Now i am panicking and don't know what do do next? Any advice would be a big help.
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I received a PCN from Park Direct UK, which I appealed within the given timeframe. This appeal was rejected and I have been advised to avoid taking the next appeal step of appealing to the IAS, as it would be a waste of time. I was told to ignore the appeal rejection letter and any further corresepodence, as they are cowboys without any authority to chase the debt. Has anybody had any similar experiences, and if so what were the results. Cheers Jubber13
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hi, i made a dd indemnity claim on the 13/12/16 the bank are asking for the advance notice letter, i contacted the company concern and they have refused to deal with me. the payments which they took are in error and i believe im entitled to a full and immediate refund of the amount paid from my bank. also i shall give them 30 days to investigate then i want to claim the refund back in court. also im going on breached of their obligations under the banking contract, Banking: Conduct of Business sourcebook (BCOBS),section 150 Schedule 5. what would b my POC be? regards -
Sorry to resurrect this old thread, but with all the recent publicity about reclaiming PPI, can I ask if anyone has actually had a repayment from Yes Car Credit? Briefly, I had 2 accounts with them, one in 2001 and another in 2003. I had PPI on both, and was told I had to have this to ensure I got the loan. It would never have paid out as I was working on a Zero Hours Contract, or an 'as and when required' contract as it was them. The first agreement was settled when I took the second one out. Both accounts where settled in full with not one late payment. I still have the agreement from the second deal, and all my bank statements showing all the payments. I reckon I'm talking about £3-4k in PPI paid. Do I have a chance of getting any of this back? Thanks. -
Ok, new here, so please go easy.... First off after reading some threads here today, i feel ive left this a bit long, but any advice is appreciated and will be taken on board. In December I received a Summary Court Summons for £3006.64. For unpaid shop direct handled by capquest. My Return date is 18th January (this is next week i know, so not a lot of time to decide what i'm gonna do) The original account with shop direct was 2010, and it was passed to capquest in 2012. I'm happy to admit full liability and offer to set up a repayment plan. BUT, if i recall at the time, I was barely able to make minimum repayments, yet they kept increasing my credit limit. Can I dispute the claim and try to reclaim some charges/interest to reduce my final figure?? This is my first full day off work in a few weeks, and no kids at home, means I finally have the time needed to get my response in. Again I'm sure i've done this all wrong, but just need some quick advice due to my circumstance... -
Hi there, Went to visit parents over Christmas and got slapped with a speculative invoice on Boxing day! Form filled in below and images of letter attached. 1 The date of infringement? 26/12/16 2 Have you yet to appeal to the parking company? Not yet Have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] what date is on it? - Yes? It calls itself a parking charge notice rather than an NTK though, dated 25/01/2017 Did the NTK provide photographic evidence? Yes - redacted 3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA)? Not that I can see, no. 4 If you appealed after receiving the NTK, did the parking company give you any information regarding the further appeals process? Haven't appealed as yet 5 Who is the parking company? Park Direct 6. where exactly [Carpark name and town] did you park? Clement Attlee Estate, Fulham, London (John Smith Avenue) - this is the housing association side of the estate and is privately controlled parking, not the council side. What advice do you have? The letter suggests that you cannot appeal to them as the driver was given the opportunity to do so, surely that isn't right? Additionally they do not offer the same discounted rate as they do on the windscreen ticket. My parents are entitled to apply for a permit for the area but neither of them drive and there is no provision for visitors and you have to have everything registered there to get a permit (I don't live there any more!). There were ample empty parking spaces available on the estate at the time. Additionally, those who are fortunate enough to have landed in houses with an off road drive are entitled to use that without a permit and apply for a permit for the surrounding spaces (surely not just?) Any and all help welcomed! Thanks!
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The Local Government Ombudsman's office has just released the following decision. Re: London Borough of Haringey. The complaint 1. The complainant, who I shall call Ms A, complains the Council allowed her to make payment towards an outstanding Penalty Charge Notice (PCN) although it had passed the matter to its enforcement agents (bailiffs), incurring additional costs. What I found 4 The Council issued Ms A a PCN for a parking contravention on 29 September 2015. Ms A did not pay or make formal representations against the PCN so the Council pursued the debt against her. It issued a warrant of execution and passed the debt to its bailiffs to enforce on 16 June 2016. 5. Ms A made a payment of £97 for the PCN using the Council’s online system on 23 June 2016. However by this point the Council had already passed the case to its bailiffs, incurring further costs. Ms A says she paid the fine so bailiff action should cease. However, the Council says she is still liable for the bailiff fees. Ms A says the Council should not have allowed her to make a payment online when the case was with its bailiffs. The Council confirmed it passed the debt onto the enforcement agency on 13 June because it had not received payment and sent a Notice of Enforcement on 16 June. 6. Ms A complained to the Council that she had not received the statutory notices the Council says it sent. The Council confirmed it sent the notices to the registered keepers address. These included the Notice to Owner, the Charge Certificate and the Order of Recovery. Each notice summarised the amount due at each stage. The Council said Royal Mail did not return the letters as undelivered so considered them served. The Council included copies of the notices it sent to Ms A in its response to her complaint. 7. A motorist may make part-payment towards a PCN debt and there was no reason for the Council to refuse Ms A’s payment made on 23 June 2016. Ms A sought to challenge the Council’s action but was unsuccessful, and the Council is therefore entitled to pursue the debt against her, including by passing the case to its bailiffs. Ms A made payment only after the case had been referred to bailiffs and the Ombudsman cannot therefore say she is not liable for the bailiff’s fees. The Council’s acceptance of Ms A’s payment has also not caused Ms A an injustice as it has been put towards the cost of the PCN and bailiff’s fees incurred to pursue it. http://www.lgo.org.uk/decisions/transport-and-highways/parking-and-other-penalties/16-008-073
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I have read something about Very / Shop Direct including PPi on their accounts, cant seem to see anything on the statement but can it be hidden? How do I find out if I have PPI? Also does anyone know if old mortgages (around 2003) had to have PPI? Many thanks!
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I rent a small space in a privately run market area. Rent is paid by direct debit and is paid weekly. This week the rent was taken twice. I have received an email from the owners acknowledging the mistake and stating the money will be returned to my account but that it could take up to 5 days to show up. My question is, is this a normal time period for waiting for monies to be refunded? I understand that they bank with Barclays. Here is the text of the email sent: Due to an error, an incorrect Direct Debit was applied to your account on 24/01/17. Any money that may have been taken incorrectly from your account will be reimbursed from tomorrow, this may take anything up to 5 working day to be active in your account.
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Hello. Last year I took out a warranty for a second hand car I had bought with Warranty Direct. They offered tol et me pay over 4 instalments which I went with. After a couple of months the car had a breakdown. THey agreed to pay for the initial repair (roughly £800) however that was caused by another issue which then needed subsequent repair at a cost of £1200 . They refused to pay out for this after having the vehicle examined by an independant 'engineer' (ACE). They used a technicality of small print to wriggle out of paying. I didn't pay the remaining two instalments on the plan as I didn't have the money, having to spend it on the car instead ( i eventually got the money back form the finance company but it took months). They have now passed the debt onto a debt collection agency . Its not a huge amount of money but its the principle of the matter I have a problem with. As I have never actually entered into a signed credit agreement with WD should I stand firm, or are they likely to come after me to reclaim any extra charges? There is nothing in writing to confirm the payment arrangement although I guess they have the recoreded for training phone calls to go back on. The other option is to offer the debt company a small monthly amount to pay it off. Could I have peoples opinions as to how to proceed please?
