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edjama

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edjama last won the day on August 20 2013

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  1. Thank you. I asked for Notice as per your template on this site. I guess they refer to Deed as that is probably a template they use themselves. I'll get everything scanned in at some point and post a draft defence. Many thanks
  2. HI. Overdale have responded to the CPR31:14 request as follows: "This debt does not arise under an agreement for credit and therefore it is not regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a copy of the agreement, if it was in writng, and therefore we are unable to obtain a copy. If the matter proceeds we may ask the court to accept that there was a contract based on other evidence that may be available. Accounts of this type can be obtained by telephone, over the internet and therefore it is possible that no signed contract ever existed, or that this was entered into by electronic signature online. There is no legal requirement for the assignment of debt to be in the form of a deed. in most cases this is done by simple contract (a debt sale agreement). Our client is under no obligation to disclose the debt sale agreement to you. This is a private contract between our client and the original creditor, the terms of which are commercially sensitive and confidential. No part of the debt sale agreement could provide, support or assist in any defence you may wish to raise, and you have neither need nor right to be privy to that content. Our client will not disclose this information to you and no other agreement/novation agreement exists or has relevance to this matter. The Notice of assignment was sent to you which discharges our obligation and a copy of this has been enclosed. A default notice is a technical notice required by the consumer credit act 1974 in certain circumstances in relation to credit agreements. as this debt does not arise from a credit agreement, and is therefore not regulated by that act, no default notice would have been sent." They have attached a final bill from EON covering an outstanding balance on the FEB 21 bill and a final amount up to April 21. This was around the time my partner moved in and set up her account with Scottish power, so it appears they want her to pay for the period before she moved in. There is a letter from Lowell dated Sept 22 stating they have bought the debt from EON. There is a letter from EON stating that they have sold the debt as per the terms and conditions. Strangely this letter has no letterhead or other markings from EON. What points do I now need to raise in the defence?
  3. OK, They have her current address now anyway. This shows on her clearscore account under Lowell but not under Argos/Home retail etc. What is the best course of action?
  4. Which Court have you received the claim from ? Issued from Civil National Claim Centre Name of the Claimant ? Lowell Portfolio LTD How many defendant's joint or self ? 1 Date of issue – 5th october 2023 date to acknowledge = 23/10 date to defend - = 06/11 Particulars of Claim What is the claim for – 1. The claim is for the sum of £552.43 due by the defendant under a E.on Energy Solutions Limited account with an account reference of (12 digits). 2. The defendant failed to maintain contractual payments required under the terms of the account agreement. 3. The debt was legally assigned to the claimant on 26-08-22, notice of which has been given to the defendant. 4. The claim includes statutory interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £44.19 The clamant claims the sum of £596.61 What is the total value of the claim? 736.61 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Possibly Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? no When did you enter into the original agreement before or after April 2007 ? after April 2007 Do you recall how you entered into the agreement...On line /In branch/By post ? No. Don't believe she did. Believes her uncle added her name to the account when she moved into his address Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Lowell shows up on Clearscore. Not E.on 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? unsure Did you receive a Default Notice from the original creditor? No, probably sent to old address Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Possibly Why did you cease payments? Unsure. Uncle was making payments. Defendant never has What was the date of your last payment? Unsure Was there a dispute with the original creditor that remains unresolved? Yes, rang Eon to dispute the account but they put phone down on her Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  5. She has moved at least once. The last time she tried to make a payment to the account the app wouldn't work and customer services couldn't find an account. I assume it had already been passed on.
  6. My partner has received a claim form for a debt owed to EON of £600 from Lowell via Overdale Solicitors. She has until wednesday to respond. The money relates to an address of her uncles, who told her he would pay all bill for the time she stayed at his house. She never set up a contract with EON. How does she best defend this claim? Thanks
  7. Evening. My partner is receiving letter from Lowell for an Old Argos card Debt of around £520. The card was used around 2019/2020. There were issues with the last payment and when my partner called to pay they could not find an account. (assume it may have already been sold on?) She has received a letter offering a settlement of around 3150 (70%) discount. What is the best course of action please?
  8. HI, I recently received a PCN from Rochdale council. I had some document bundles to collect from a solicitors office and used a loading bay at the rear door. Parking at the front was not an option as I would be causing an obstruction. I then had to walk around to the front door, wait for the solicitor to come from her office and walk back to my vehicle. I was away around 8 minutes in total. I have received a PCN for this with the warden having watched my car for 5 mins. The council have rejected my appeal on the grounds I was actually loading my car. Have I got grounds to go to a tribunal, or should I pay the lower fee within 7 days?
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