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    • Just out of curiosity aesmith - are you a lawyer?
    • I spoke to a pro-bono entity this afternoon.  They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale.  I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings  has told me that I cannot force the lender to sell and the lender cannot interfere either.   If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver I could initiate a claim. Or much quicker  - the other entity - with a charge already - could use that to make an application for an order for sale.
    • Thanks Dave It's not too far away, about 8 or 9 miles, so I will probably venture over on my bike if I can't think of a good reason to drive there again! I'll have a chat with Mrs GB_Joe tomorrow and see which shops they visited, I know M&S was on the list (had to try on multiple sets of trousers!) and they are actually in that bit of retail park. The uniform shop is across the way in the Meridian Centre, so probably not helpful to get them involved.
    • As they have failed to deliver their original PCN you will need to send them an SAR where they should provide that PCN. It should show the address they used . If it is not your current one that would explain the non delivery. If it was correct then perhaps the Post office messed up. A more cynical view would be that UKPC didn't send it so that you couldn't claim the reduction. It appears that UKPC have been there for some time  but I have been unable to find any pictures of their Notices.The leisure park itself is pretty big so while some parts maybe give 5 hours free parking other parts may have restrictions like permits. I haven't been there for years -I went  to Nandos and the bowling centre . I am surprised that they are now infested with UKPC as the place is plenty big enough not to require their dubious services. If you live not to far away it would help if you could get some legible pictures of their signs. Be carful to park in an area that doesn't require a permit and take photos of the entrance signs, the five hour sign and the permit only sign as well as any other signs that are different from the previous signs. Also if their is a payment machine could you please photograph that.
    • This other entity doesn't know what's going on.  To be clear I had huge equity.  No-one would ever expect a lender to erode all my equity.  The question is - if anyone knows the legal answer - on the basis they have a charging order - could they make an application for an order for sale?  
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Lowells & Capital One debt - CCA request


Nivagey
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  • 4 weeks later...
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next bloke next desk diff coloured skirt.

sent to make you think its going up the importance line.

 

 

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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  • 3 weeks later...

Update: Letter arrived today from Lowells.

 

We have now tried on a number of occasions to help you clear your account by contacting us to discuss an affordable repayment solution.

 

 

We will shortly be passing your acount to our collections department or one of our approved debt collections agencies.

 

 

They will be instructed to contact you regarding your account and seek to recover the outstanding balance through the appropriate means.

 

We can help:

We are willing to offer you a discount of 30% off your balance.

 

 

We can accept this figure paid in instalments that you can realistically afford,

taking in to consideration your financial circumstances and repayment can be weekly, fortnightly or monthly, whichever suits you best.

 

 

If applicable when your account is settled we will update your credit file to reflect this.

 

 

Please note any accounts settled with a discount will show as " partially satisfied".

 

Blah Blah Blah.... Im sure this was meant for Xmas Eve as its dated Dec 22nd :p

 

Ignore?

 

Thanks

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haha discount letter

 

 

pay us something before we tell you we have no enforceable paperwork.

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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Share on other sites

Hi DX,

 

Lets hope so eh!

 

 

What slightly concerns me I had discount offers on a B/C account from numerous DCA

as soon as it was sold the "new Owner" they went straight for a CC Claim :(

 

 

although fought off (with the help from you guys on here) and now stayed for the past 2 years,

 

 

seems like this lot will try the same and hope for a default win?

 

Thanks

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yea that's the game.

 

 

they issue speculative claimform hoping for a non contested default judgement.

 

 

paying, in all reality, doesn't prevent anything.

 

 

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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Share on other sites

I'm wondering if I should just send a letter and reiterate my position

that is as far as I'm concerned the account is in dispute with the original creditor as previously informed,

and I will rigorously defend any legal action up to, and including, County Court Claim action they try to bring against me?

 

What do you think?

 

 

Then they will have no doubt I'm prepared to go the whole hog and defend court action?

 

thanks

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I wouldn't ever enter into an obvious letter tennis match.

 

 

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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Share on other sites

  • 1 year later...

Had a letter this morning from Lowells, Pre- Legal Assessment Department

 

Dear Mr *******

 

Your account is escalating. We refer to our previous letters. Unfortunately we've still not agreed with you how you'll repay your debt with us and therefore is had been escalated for legal assessment.

 

The rest is blah blah blah. Please contact us to discuss before it escalates further, we will not ask you to pay more than you can afford etc.

 

What's the next step?

 

Cheers :(

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as always

ignore

 

 

unless/until the issue a claimform.

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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  • 3 months later...
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