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  1. Hi Petroholic, http://www.consumeractiongroup.co.uk/forum/showthread.php?466036-PPM-PCN-claim-form-from-Gladstones-Solicitors-received&p=5014823#post5014823 Hope you are well. I just wondered if you had your court appearance yet and if so, how did it go against gladstones. I have received similar letter from gladstones few days ago. As with your case, there was no NTK and no PCN on the car, only letters from Debt recovery plus last August asking for the fine to be paid, which i ignored as other forums indicated that was best call of action.
  2. The Barclays account in particular is dated 2000 . I have read that many of the agreements dated as far back as then do not have enough terms and conditions on the credit agreement and it is by a long way the most uncomprehensive agreement i have seen . Outside of that clutching at straws to be honest , like i said i would have settled them for her had they been able to meet me at a slightly lower per centage but my understanding is link are less likely to negotiate downwards than others.
  3. Good evening a couple of weeks ago I received court forms from Nottingham regarding CABOT. I have had a terrible time with this company, 3 times writing to ask for the creditors original signed credit agreement to no avail. I put a defence in to the money online tool (no idea what Im doing really) and stated that this company had harassed me (calls at work etc) and not supplied me with the credit agreement etc. Ive now received a letter from a company called Restons solicitors telling me my defence wont hold water and that I have 14 days to sort it Letter dated 28th March Ive been very ill since Friday so done nothing yet. Could someone please advise me as Ive no idea who Restons are or if they are real Thanking you in advance
  4. Name of the Claimant ? ME III Limited Date of issue – 12 Dec 2016. What is the claim for – 1.By an agreement between WELCOME FINANCE SERVICES LTD & the Defendant on or around 21/11/08 ('the Agreement') WELCOME FINANCIAL SERVICES LTD agreed to loan the Defendant monies. The defendant did not pay the instalments as they fell due & the Agreement was terminated. The Agreement was assigned to the claimant. 2.THE CLAIMANT THEREFORE CLAIMS 5930.89 What is the value of the claim? £6440.89 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? loan When did you enter into the original agreement before or after 2007? Unsure, I think is was around or before 2007. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, but I have no recollection. Did you receive a Default Notice from the original creditor? Again I don't know for certain. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so. Why did you cease payments? F ell into difficulties when losing my job in 2008, the payment demands were unreasonable, c harges were being added to the account at an alarming level (£10 for a letter/visit etc.) and after severel doorstep visits, I decided to just accept a default on my file and see what happened. A lot of what is claimed is charges, the original loan I think was £2000. What was the date of your last payment? Don't know, could possible be more than 6 years ago, I've asked for a full statement of the account. Was there a dispute with the original creditor that remains unresolved? Haven't heard dirct from Welcome in many years. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No Hi, I have read up on other cases and have already sent off the various requests for documents, and completed the online form stating I intend to defend all. But I may need further help. The particulars are as below. This is a very old debt that has dropped off my credit file, and I thought it had disappeared, to be fair I forgot about it. I received a reply from my CPR request today (30th Dec) as below. We acknowledge your request for documentation pursuant to CPR 31.14. We confirm our client is willing to agree to the extension of 28 days, for you to file your defence. Pursuant to CPR 15.5(2) please notify the court in writing of the agreement. CPR 31.14 relates to a right to inspect a document and can be distinguished from standard disclosure of evidence during the course of proceedings. We believe that you may have already "inspected" the documents to which you make reference because on various dates in the past they would have been sent to you by another party such as the original creditor. We confirm that we have requested documents from the original creditor and will forward these to you upon receipt. The account will remain on hold in the meantime. Any advice on how to play this out would be very much apprecaited.
  5. I have received a claim form from Lowells solicitors for a studio catalogue debt. I have responded to the claim form but need to put in a defence but I am unsure what to write. I have sent a cca request to lowells solicitors and they have responded saying the account is on hold until they receive it from studio but I still need do the defence. help please..........
  6. Hi, I will try to keep this brief, have received county court claim from Lowells for credit card, I have already acknowledged service with intention to defend, sent CPR18 and CCA request but not submitted defence yet still have 2 weeks for that, what I need advice on is regarding the letter I have had back from Lowells as this could affect the defence I put in. They have not as yet produced any documentation that has been asked for and have said I am not entitled to deed of assignment as this is confidential, but below is what they say regarding the account and I paraphrase. The account was opened in 2007. The address they give for where it was opened I did not actually live there until 2009!!, would this have any relevance for defence I can prove that point? The last payment on account was in 2012, however I know that the credit card company took the money out of my account and as I did not recognise the activity on my account because the d/d mandate was so old, my bank recalled the payment and put back in to my account, my question is and this is important, does this constitute a payment as if not it would be SB They also said a default was registered on my credit file in 2012, obviously I have my credit files from all agencies (yes I am that anal lol) but there is no default at all from that date, the only one on there is one put on by Lowells not the cc company in 2014. Any thoughts on this would be really appreciated
  7. Hey, I haven't posted on here in a long time but I have just received a Claim Form from Lowell Solicitors on behalf of Provident. I used to work in litigation, but that was 7+ years ago (unqualified legal assistant), so whilst I am familiar with small claims and county court processes, I am a little rusty all the same, so I hope to get some information from people in the know... The date of issue is 31/01 I have filed AOS I am calculating the date for the defence to be by 04/03. I have made a CCA request to Lowell Plus I have made a CPR 31.14 request to Lowell Solicitors The part that I need help with if is... I don't really know how to defend my claim. Do I just hope that they cannot find the agreement, unable to provide a legible copy, or there is an issue with the contents etc? If I remember rightly then this loan dates back to 2010/11 - in which case it might be statue barred? I have made a payment to them in almost the same amount of time. I will need a copy of the agreement to see what date is on it. Is there anything else I should do or be aware of? I stopped paying because I was struggling with my mental health; I received a bi-polar diagnosis whilst battling other health issues - so I just lost all touch with reality for a while. Thanks in advance! M
  8. I won't go into details, but 10 years ago i was in financial straits and ended up with a ccj for a personal loan. i offered, and the court accepted a payment of £10.00 per month. as i began to get straight i voluntarily increased this to £20.00. hoping to clear it quicker. the loan company( universal credit) was then taken over by paragon finance who continued to accept the £20.00. I have received a letter from them saying it had been passed on to another company. the letter they sent me showed a balance owing of nearly £6,000. as the original ccj was for only £3,000 and i have always paid every month, i can only assume they have been charging me interest, without informing me. Are they within their rights to do this? is there anything i can do about it? by the way, the new company want me to take out a secured loan to pay them off.
  9. Hi All, I'm looking to get some advice on my next move as I can't seem to find the answer easily online and fed up of spending time on the phone to NCCBC and being on hold.... on the 03/10/2016 I received a Claim form dated 29/09/2016 from Lowell Solicitors claiming I owe Lowell Portfolio for an old Vanquis debt. AOS with defend in full duly filed 18/10/2016 12/10/2016 CCA letter sent to Lowell portfolio..... as of yet not response. 12/10/2016 CPA and CCA sent to Lowell Solicitors, Lowell confirmed receipt of request on 21/10/2016 Nothing heard from Lowell Portfolio or Lowell solicitors by 30/10/2016 a defence of no paperwork/CCA etc was filed on 30/10/2016 and received 31/10/2016 on the MCOL website. Now my question is what to do next as I have not received anything from NCCBC or Claimant in regards to allocation questionnaires etc etc and over 28 days have passed since filing my defence. Any help/advice would be greatly appreciated Thanks
  10. Afternoon Folks, My wife in the post this afternoon has received a County Court Claim Form from Arrow Global/Restons Solicitors and despite reading the forums, I'm a bit stumped on how to proceed. I've attached images of the whole claim form(minus personal information) and also an image of the particulars of claim(which I think is statute barred). My wife has never heard from them until recently and has never responded to them, the Claim form is addressed in her maiden name despite us being married 4 years. Could I have some help on this if possible please. &
  11. I have asked for new solicitors to represent my mum because we do not feel that her current solicitor is doing a very good job. Her new solicitor has told her that she needs to give her authority for the file from the previous solicitor to be giving to her, is this correct? Paul
  12. I have answered the below to the best of my knowledge : Name of the Claimant ? Lowell Portfolio I Ltd Date of issue 28/7/2016 What is the claim for – the reason they have issued the claim? Particulars of claim 1) THE DEFENDANT ENTERED INTO A CONSUMER CREDIT ACT 1974 REGULATED AGREEMENT WITH CAPITAL ONE UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT'). 2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH. 3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 12/03/2015 AND NOTICE GIVEN TO THE DEFENDANT. 4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £331.33 REMAINS DUE AND OUTSTANDING. AND THE CLAIMANT CLAIMS a) THE SAID SUM OF £331.33 b) INTEREST PURSUANT TO s69 COUNTY COURTS ACT 1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE ACCRUING AT A DAILY RATE OF £0.073, BUT LIMITED TO ONE YEAR, BEING £0.00 c) COSTS What is the value of the claim? 442.84 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card When did you enter into the original agreement before or after 2007? AFTER Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? yes PROBABLY Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure BUT prob yes Why did you cease payments? lost job and little money What was the date of your last payment? prob in 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 managementicon plan? no Hi All, Filed to defend all. My acknowledgment of service was submitted on 03/08/2016 at 19:48:00 My acknowledgment of service was received on 04/08/2016 at 08:02:24 I have prepared my CCA request to send tomorrow but not sure about the CPR 31.14. Can someone help me with time-frames please & what to expect now?
  13. Hi, not sure whether this is the right forum. I'm sorting an old catalogue debt out for my son as I've done a few of mine in the past. I've sent off a CPR request to Restons solicitors, I didn't sign the letter just typed his name on the letter. This morning they have sent it back to me stating that as it has no signature and therefore they will not correspond and to resend the letter with a signature otherwise they will not acknowledge it nor provide any response. Never came across this before so do I just ignore it? Thanks
  14. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – . 01 March 2016 what is the claim for – the reason they have issued the claim? 1.Claim forr the sum of £7600 in respect of monies owing under an agreement with account no 5301************ persuant to the consumer credit act 1974. The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant persuant to s.87(1) CCA. 3.The Claimant claims 1. The sum of £7600 2. Interest persuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 27/04/11 to the date hereof 1765 is the sum of £2900 3. Future interest accruing at the daily rate of £1.67 4. Costs What is the value of the claim? total £11100 (all figures rounded) Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 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. Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? Don’t Think So Did you receive a Default Notice from the original creditor? Don’t Think So Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Dont think so Why did you cease payments? Redundancy in 2006 but maintained payments until savings ran out in 2010, then entered into a payment arrangement until I think 2011 What was the date of your last payment? Not sure, sometime in 2011 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 plan? Yes .................. I have filed my acknowledgement of service (07/03/16) and sent a CCA Request to Hoist and a CPR 31.14 request to Howard Cohen, no response to either yet (received 9th and 8th March respectively). I am hoping for some help in filing a defence which needs to be by 1st April 2016, I think. I’m sorry if I seem to have left this late, but I thought I had this all under control and was getting my defence ready today for submission later this week. I was reading through the forums for advice on how best to word my defence when I came across a post describing my exact experience, which was the return of my postal order for £1, rejecting my CCA request, stating the request had been passed on to Cohen’s solicitors who would respond in due course. Whilst I wasn’t fooled by their granting of a 14 day extension to file my defence, I still felt I had fulfilled my requirements to place Hoist in default under S.78. Based on advice posted on the other thread, I am now going to send another copy of the CCA request with a copy the letter rejecting my original CCA request to Hoist and the payment. In the other thread, the advice given was that it is no longer appropriate to state that " the claimant is in default of my request pursuant to section 77/78 and is therefore not permitted to enforce or request relief of the alleged agreement", and instead the defence should be along the lines of the claimant has continually refused to comply with my request by returning the statutory fee in an attempt to frustrate and avoid its legal responsibilities with this request and I therefore request that the court direct their compliance in this matter ". Based on the info I have given below, would you think that this advice would apply to this case also? Once again apologies for leaving it so late. I have been caught out by this unexpected and underhand tactic. Thanks in anticipation
  15. Hello all. I have debts that are approaching 6 years old (next March - 2016), from credit cards. I defaulted during the crash as I was made redundant and career effectively ended. I went into default immediately after a period of hassling from creditors I moved house a couple of times (to chase work) and the hassling died down to a trickle. Now suddenly I have a letter threatening CCJ if I don't pay the full amount (near 10k) in two weeks. It looks serious to me too; I've not had a letter like this before. What can I do? I've put a little money aside (around £3k) which I could try to use to keep them off my back, but that would then acknowledge the debt and I'm so close to the 6 year statute bar. And would this satisfy them or just give them the taste of blood? If I send a CCA letter will this put the CCJ action on hold? Any help gratefully accepted. chris
  16. The Solicitors Regulation Authority, hold themselves up to be a professional body in place to uphold the professional standards of ALL solicitors, ensuring highest stanards are adhered to at all times. Or so their literature professes. This group do not provide a service for joe public to raise issues, more, they take a complaint twist it around with lies and unfetted supposed undisclosible data and then tell you there is no case to answer, when clearly on the evidence there is. This organistion does not aid the public faith in solicitors and the like, even their own statistics prove this, in 2014 they received 10000 complaints against solicitors and only 50 were upheld, to the point that the solicitor in question was sent a letter telling them to up their game, no disciplinary action or penalties were imposed. Even someone not conversant with stats can see this is not a 'norm' of predications for any complaints procedure in whatever field . So if anyone is considering using the SRA forget it along with the Legal Ombudsman, they will both look for an angle for the legal professional and you as a citizen will not get any recourse. Best form of redress is find a web/blog and blast your issues there whilst providing tags/links/searches everywhere so that the world can see what charlatens these people and their organisations are.
  17. Hello I wonder if someone can give me advice please on how to proceed, I have likely done the wrong thing already. My bank of Scotland credit card was sold on to Cabot who I was paying £5 a month to (all I can afford) I stopped paying a while ago when even that payment got to much due to post op recovery and sick pay. Now it has been passed to nolans law and they are threatening court action. I have emailed them to offer the original agreement of £5 just to get them off my back as I'm scared about a ccj but I'm worried they will decline this offer and take me to court. I know the debt is valid. I know it was sold on and it is on my credit file as satisfied. I am not sure of the best course of action?
  18. Hey, I've left this for far too long... I had a letter from the crs and other debt collectors about paying them back £241.34. This started happening when I cancelled my gym membership through direct debit. I cancelled my membership around June / July and only did 4 months with them? I think. I missed my 1 month before and they took money out when i had money available in my bank since I normally get paid in cash where I was working. I missed another month of the monthly payment so I just decided to cancel my membership, thinking that I didn't really need to worry about anything. Next thing I know, i'm getting charged huge amounts! :/ One of my friends told me just to completely ignore what's coming my way that involves the debt collection for the gym. Since it has worked for them, and so has another friend, apparently. I'm getting worried now... I had a letter from spratt Solicitors saying that I need to owe, blah blah blah, It's pretty much the same letter as the other people that are in my situation have gotten, but I think my scenario is worse because I wasn't responsible enough and just left this to time. The letter was posted around the 3rd Nov but I didn't read it a couple days after since I've gotten Uni and my parents opened the letter but didn't get involved since it wasn't their mess and gave me a right telling off (Asian parents). Now is the 20th... What do I Do with everything?? Please help, urgent :/ Sorry for being a kid. I'm 19 and go to Manchester Metropolitan University. Thanks, Westin
  19. Hi all, I have been paying off a DMP through Stepchange for several years now, and my estimated completion date is sometime around 2040 I'm likely to be a in a position to make an F&F soon due to the generosity of a relative. Almost all of the debts have long been sold onto DCA (Link, Cabot, 1st Credit, the usual suspects). How much should I offer? Total debt is about 50k. Is 20% too high for starters? The DMP is so old that none of the debts show up on my credit file any more, so am I right in thinking it doesn't matter if they mark it satisfied or not? Thanks!
  20. Hi, After two notices from Indigo Park Solutions I have now received a letter from Wright Hassall Solicitors for failing to pay the Penalty Notice, and requiring me to make payment of £196. The letter states that failure to make payment in full or contact them to discuss repayment 'may result in us recommending to the Car Park Operator that the matter be enforced through criminal court proceedings. Such proceedings would require your attendance at a Magistrates Court.' Should I ignore this letter or reply, and if I need to reply what should I reply with? This is the first time Iv'e ever had to deal with anything like this!
  21. Hi CAG, thanks for taking the time to read this. I'll keep it snappy. I recently worked for Lloyds bank but left on 20th June 2016 because I emigrated to Spain, where I now live. I had worked at Lloyds for 6 years. This past weekend (29th October 16) I went back to my old UK address to pick up my post and discovered that at the end of July Lloyds sent a letter informing me they had erroneously paid me my 2015 deferred bonus, and a second letter dated 24th October, stating my 'debt' has been passed on to DrydensFairfax solicitors. The bonus in question was £10k after tax, based on my 2015 performance. £2k was paid on March 20th with the remaining payable £8k on June 20th. The 2k march payment is not disputed, but they want the £8k back I was aware of the deferral system and after discussions with my boss (who i had a great relationship with) delayed my resignation until March 20th, which we both thought was the cut of date, meaning I would mean i would pick up my full bonus on June 20th - my last day as I was on 3 months notice, which I did. I have since checked the small print on one of my letters and it did indeed stipulate that if you are serving your notice period on 1st June 16 you are not entitled to the remainder of the 2015 bonus. So it appears me and my boss were indeed wrong about the date you needed to be not serving notice on to receive the second installment of the bonus, and lloyds made a mistake when they paid it to me. From what I've read this seems to fit the criteria for Estoppel. Discussion with my manager led me to believe this money was mine if i resigned on March 20th, and I have since spent the money (and quote a bit more!) on emigration. If i'm right, then I don't know how to put this in motion. I've not replied to anything yet. I have not had any calls or messages from DrydensFairfax directly, just 2 letters from Lloyds, with the second one asking me to contact drydens to payback the £8k I don't really want to do nothing and risk a court order of black mark on my credit record Thanks again for reading. Any help/advice/thoughts would be hugely appreciated Nick
  22. Hello, I received a letter from Gladstone's asking me to pay £160 for parking a car in a hospital car park. I no longer own the car wich means the letter relates to at least 18 months ago. Is advice still to ignore? Mandy thanks.
  23. To cut a very long story short, my husband and I have clawed our way out of debt over the years and now I at least have a decent credit rating again. However, there's one glitch on the horizon. We keep receiving letters from Moorcroft about an alleged debt belonging to their clients, Arrow Global. We CCA'd Moorcroft with the usual Postal Order. They sent this back, despite having filled it in so we can't cash it, stating that they have returned the debt back to Arrow Global. A few days later we received a letter from some solicitor acting on behalf of Arrow Global stating that our CCA request wasn't legal as my husband hadn't signed it. We are very reluctant to sign anything, so can we request the information over the phone? We have received several of these letters and have now received a notification that they are taking us to court. What can we do?
  24. Good evening, I got a letter today from capquest saying that have sent my account to Restons Solicitors and that they will be in contact with me soon. The debt is for Littlewoods for £1372.00. The reason I got in debt was due to illness and I won't be available for work for the foreseeable future, I am on ESA and can only afford to pay them a small amount as I am debt with other companies. I have read some horror stories about Restons, taking people to court etc and I want to avoid this if possible. What is the best way to go deal with this, I know they are not a DCAicon as such so I am not sure where to start, other DCA's have accept low monthly payments. Thank you in advance for any advice etc.
  25. years ago when my child was a toddler she was in nursery, due to severe ill health and also a botch up with my then husbands student grant we ended up in a situation where we needed to pull the toddler out of nursery for financial reasons. The nursery were a nightmare about it and insisted we paid full fees for a term afterwards plus the term we were already in. I agreed to do this in payments but they insisted they get a court order in place anyhow. Due to a massive change in circumstances and severe ill health I have been paying around £10 per month for the last nine years (!) I was originally paying to Incasso and then HL Solicitors when they took over. I made my last payment in January. By chance I looked up HL Solicitors today to find they ceased trading in December. I have moved but they had two email addresses for me and I have had no contact. There is no info on their website on who to contact if I am not a client so I am looking for advice!
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