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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Llowell/BW legal claim form old jd williams debt for £310


claire99991
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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.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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If you want advice on your Topic please PM me a link to your thread

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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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