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    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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Llowell/BW legal claim form old jd williams debt for £310


claire99991
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Thanks

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Hi

 

yesterday i recieved a letter from northampton court saying i had 14 days to reply with my admission

or denial at a jd williams debt for 310 pounds.

 

This catalouge debt is about 5years old and is mostly charges

 

a couple of years ago i got letters from several debt collectors inc llowell

 

i sent back proof it letters with the pound postsl orders

 

no one came back with anything and

all went quiet until the court letters

 

it wants my employers details income outgoings etc..

 

...i could really do without a ccj!!

 

Should i contact llowell and ask them to set up a payment plan?

 

Do i tell the court ive done this?

 

I only work 16 hours per week and with 2 kids i can set up payment plan.

 

Never had a court letter so dont understand it all.

 

Thanks in advance

 

Claire.

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Hi

 

I have moved your thread to the legal forum in view of the issue of court papers.

 

Can you tell us the date of issue as printed on the claim form and also type up the particulars of claim verbatim but without anything that could personally identify you.

 

Hi

issue date 19th feb but recieved today

 

.....its for jd williams catalouge for 310 pounds plus court fees...

 

. Have no idea what to do with it.

 

How do i go forward is it possible to set up payment arrangments without getting a ccj now

 

or am i going to get one anyway?

 

Thanks x

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'the claimant's claim is for the sum of 390.21 being monies due from the defendant to the claimant

under a mail order agreement regulated by the consumer cedit act 1974

between the defendnt and jd williams under the account ref *********

and assigned to the claiment on the 20/12/2012

 

notice of which has been given to the defendent,

 

the defendet failed to maintain the payment under the terms of the agreement

and a default notice has been served and not complied with.

 

the claim also includes intrest to section 69 of the county courts act at a rate of 8.00%

 

catalouge was taken out roughly 5 and half years ago. (most of this amount is charges)

 

where do i go from here

 

im loosing sleep over this

 

i really dont want a ccj and

 

just need to know if me contacting lowell

 

and setting up oayment arrangments is enough to stop this going any further.

 

thank you

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If you make an arrangement to pay, and they accept, from what i have read they will still continue with the claim unless they can say they will discontinue with the claim, but you will need that in writing....do not phone lowell or carter do everything in writing, that way you have a written record send all letters recorded delivery.

 

At the moment, I and quite a few others have also received claims from Carters/ Lowells they send these out like confetti.

 

Personally i am not worried about the claim, as they have failed to produce the documents they are relying on to take this to court.

 

when they send the claims out, they hope that the individual will just pay what they are after, what they don`t like is when the defendants stands up to defend the claims.

Lowells and carters send these claims out without checking whether they are right or wrong. meaning they dont have the correct paperwork in place when the claim is issued.

 

 

You have the following timescale to go with, You have 33 days in total subject to how you decide to proceed.

5 days from date of claim for the claim to be deemed served so 28 remaining ...14 to Acknowledge service and if defending a further 14 to submit a defence.

first thing you need to do is acknowledge the claim online http://www.moneyclaim.gov.uk there is password on the claim form to use for this.

when you do the acknowledgement tick that you want to defend all ( if you do) and do not tick the jurisdiction.

 

hope that helps

 

Lets

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You need to send the CCA Requestlink3.gif to whoever has sent you the Court papers.

 

You also need to send the CPR31.14 to the same people, asking for

a) Agreement

b) Default notice

c) NOA

d) How the debt is made up

 

http://www.consumeractiongroup.co.uk...redit-Act-1974

 

http://www.consumeractiongroup.co.uk...as-been-issued.

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You need to send the CCA Requestlink3.gif to whoever has sent you the Court papers.

 

You also need to send the CPR31.14 to the same people, asking for

a) Agreement

b) Default notice

c) NOA

d) How the debt is made up

 

http://www.consumeractiongroup.co.uk...redit-Act-1974

 

http://www.consumeractiongroup.co.uk...as-been-issued.

 

 

 

Ok

 

I may as well defend it if they are going to give me a ccj anyway??

 

This debt has been passed around a handful of dca's and

 

when I've sent cca requests nothing comes back

all goes quiet for a while and

then another crops up.

 

I'll acknowledge the claim defend it and

 

send the cca request and

 

other kettle mentioned recorded delivery to Lowell tomorrow?

 

Thank you will keep this updated x

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send them a CPR & A CCA request.

 

do not sign the letters

get a hold of your credit file too

 

does this show?

 

I notice several previous threads involving JDW cat debts.

 

have you ever sent them and SAR?

 

dx

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi i registered on the website to acknowledge the claim online, i clicked i wanted to defend it says what are my reasons for defence, what should i out in the box or have i clicked on the wrong part? i havent submitted yet as not sure what to put, other letters have been posted to llowel and bw legal.

 

any advice be great never done this before.

 

thanks

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You are just acknowledging at this stage you submit your defence at 28 days.

We could do with some help from you.

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You are just acknowledging at this stage you submit your defence at 28 days.

 

Hi i registered on the website to acknowledge the claim online, i clicked i wanted to defend it says what are my reasons for defence, what should i out in the box or have i clicked on the wrong part? i havent submitted yet as not sure what to put, other letters have been posted to llowel and bw legal.

 

any advice be great never done this before.

 

thanks

Hi I'm in exactly to same position! So keeping eyes on your progress and following advice given on here.

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