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Lowell/Cohen claimform - old Nationwide Credit card 'debt' - poss SB'd***Claim Discontinued ***


john118
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Hi John....

 

Yes submit the statute barred defence now...did they ever comply to the CCA request that this payment refers to?

 

Andy

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there you go..thanks andy..

 

 

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, the default date being March 2010, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

 

..ends..

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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Thanks Andy. They did provide a scanned copy of the CCA along with what looks like newly printed T&C's.

 

Thanks DX. I shall send defence to the Court.

 

Also shall I still send the CPR 31.14 request to the claimants solicitor?

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Yes...CPR 31.14 to the Solicitor

We could do with some help from you.

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  • 1 month later...

Hello,

 

Update on my case. Following submission of defence based on SB, I have received Directions Questionnaire.

 

Speaking to Court, the Claimant has given no response to the defence and has asked to continue to the next stage of the claim process. Also I have not received any response to my CPR and SAR requests.

 

Question is can they ask to continue to next stage while they haven't responded to my defence, replied to my CPR and SAR? Can I ask the Court to halt proceedings until I am furnished with these?

 

Please advise.

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you mean CCa/CPR not sar I hope..?

 

its still a speculative claim at this stage

the fact that they've not responded is what you want..think about you don't want them to respond....

 

fill out the DQ

no to mediation as it statute barred . you have nothing to mediate upon.

 

copy the N180 3 time

1 for you

1 for the court

1 for the claimants sols cohen

you don't have to sign nor give email/phone details showing on the one to cohen's

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

Thanks. I did CPR to Cohen and SAR to Nationwide. No replies to date.

 

I shall fill out the DQ.

 

Can I still ask the Court (as part of DQ or a on separate letter) to halt proceedings and not give a date for hearing until I get all the requested information?

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why do you need paperwork..you are missing the point!!

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... 

Link to post
Share on other sites

Thanks. I did CPR to Cohen and SAR to Nationwide. No replies to date.

 

I shall fill out the DQ.

 

Can I still ask the Court (as part of DQ or a on separate letter) to halt proceedings and not give a date for hearing until I get all the requested information?

 

No....the DQ is to allocate and transfer the claim to your local county court.......disclosure comes after allocation.

 

Andy

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Hello,

 

I have received a copy of the claimants DQ and a letter stating they have filed it with court. They said they have opted for TELEPHONE Mediation service and that their client will accept any reasonable offer.

 

And in their submitted DQ under section D3 (number of witnesses including yourself giving evidence at hearing) they have said "NONE".

 

Does this mean that no one from the Claimant or their Solicitor would be attending the hearing (as and when it goes to hearing)?

 

Thanks

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their usual mistake...

 

 

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

Lowell always seem to struggle with D3 as did their predecessor Brian Carter..it either means no attendance or they will attend...as they dont seem to understand the question on the DQ

 

How many witnesses, including yourself, will give evidence on your

behalf at the hearing? Should be 1 if they have submitted a witness Statement.

 

Regards

 

Andy

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 1 month later...

Hello,

 

An update. I didn't receive any response from Nationwide to my SAR request with the £10 fee, although it has been almost 100 days.

 

Now I am not waiting for it, however I received a letter from Lowell thanking for the £10 payment. This is absolutely not true as I didn't make any payment.

 

Can it be the case that Nationwide had simply forwarded my SAR request to the new debt owner and Lowell have simply ignored the request and intentionally applied the £10 SAR fee to the account?

 

Or is it a complete phantom payment put on the account?

 

Please advise

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worry tactics by nationwide if they did

why not ring and ask. nationwide

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... 

Link to post
Share on other sites

Respond with a letter to Lowell and inform them that that payment was sent to Nationwide with your request for a Data Subject Access Request..ask that they either return the payment back to Nationwide or to yourself and that under no circumstances must it be credited to the assigned account.

 

Failure to comply will leave you no alternative but to bring this to the ICO (Information Commissioners Office) attention and ask why the Data Controller is disregarding a legal request and why payment is being misappropriated.

 

Copy to Nationwide

 

Regards

 

Andy

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 3 weeks later...

Thanks Andy. I have sent letter to Lowell and await their response.

 

In the mean time I would like to start drafting my witness statement for use as and when I get the court notification for hearing.

 

Could you please provide any examples or template which I could use.

 

Thanks.

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Post #35 is a recent one I drafted...will give you an idea of form/ content obviously you will have to edit to suit your requirements and particulars of claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?474814-Hoist-Cohen-Court-Claim-Barclaycard-debt-SB/page2

We could do with some help from you.

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  • 2 months later...

Excellent news...well done john.

 

Thread title amended to reflect the outcome.

 

 

Regards

 

Andy

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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

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Well done

 

Don't forget if you can donate to help us stay here helping

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... 

Link to post
Share on other sites

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