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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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Lowell/Lowell solicitors claimform - old o2 mobile 'debt'***Settled at ADR***


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I've received a letter from Lowell solicitors today over an old O2 debit from 2012 I think, for just over £570 including their costs

 

 

stating they are going to commence legal action against me in the county court bulk centre.

 

 

It's says I must contact them or make arrangements to pay in the next 14 days

or a claim will be issued without further notice,

if a claim is issued I will then become liable for the costs.

 

Could someone please advice me on what I should do next?

 

 

If you can help could you explain it all in the simplist terms as I'm not very good at understanding these things.

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bet it doesn't say WILL anywhere

read it PROPERLY.

 

 

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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upload

use a free to PDF converter first

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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its one of those if but or maybe letters.

 

a letter of claim.

 

a claim of what ...you might owe money..

 

lowells have instructed their in-house solicitor to commence legal action and issue a claim...

a claim of what.....??

 

then the sols say they will issue a claim again of what..does say a legal or court claim...

just a claim..

 

but then they say IF a claim is issued.

then they willy wave about what might happen should a court claim go against you.

when its not even been before a judge yet.

 

all rather confusing really.

 

but that's quite usual.

all these letters are designed to gander a response

 

well IMHO you don't.

 

get an SAR running to o2

get all the details then you are one up on lowells.

 

I would guess that you failed to pay the full contract and this supposed debt is that full sum

whereby in all probability you don't owe the full terms but a singe month cancellation.

 

tell us the story of the o2 account please

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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Sorry for the late reply.

Unfortunately I can't remember much about the debt as my memory has suffered after my last breakdown, as far as I can remember it was because I failed to pay to pay the monthly payments for some reason and so they are charging me for the full contract.

Just to be clear are you advising me to ignore the letter as it's just another form of threat-o-gram?

Also I don't think I have any details regarding the contract so can I still request a SAR from O2?

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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 month later...

Ok things have now got more serious. True to their word Lowells have now sent me court papers for the debt. The issue date was the 30th Nov and it says I only have a short time to reply.

 

How long do I have to reply and what should I do next?

 

As I said in my first post any help would be grateful but please keep it simple so I can understand exactly what I need to do.

 

Thanks

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Hi, thanks for the quick reply. Ok if I do this to give me extra time what do I do Next? As I said in my previous post I can't remember all of the details, what if I am liable for the debt? If so then wouldn't I just be delaying the inevitable?

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moved to legal forum.

 

 

pop up on the MCOL website

register

then log in

respond to a claim

select AOS to acknowledge the claim

defend all

leave jurisdiction unticked

click thru to the end

confirm and exit mcol.

 

 

get a CPR 31:14 running to lowell Solicitor'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

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

Name of the Claimant : Lowell Portfolio I LTD

 

Date of issue – 30 Nov 2016

 

What is the claim for – the reason they have issued the claim?

1) The defendant entered into an agreement with O2 (UK) Ltd under account reference xxxxxxxxxx ('the agreement').

2) the defendant failed to maintain the required payments and a default notice was served and not complied with.

3) the Agreement was later assigned to the Claiment on xx/xx/xxxx and notice given to the defendant.

4) Despite repeated requests for payment the sum of £450 remains due and outstanding.

And the Claiment claims

a) The said sum of £450

b) Interest pursuant to s69 county courts Act 1984 at the rate of 8% per annum from the date of assignment to th date of issue, accruing at a daily rate of £0.099, but limited to one year, being £36.24

c) Cost

 

What is the value of the claim? £570

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile account

 

When did you enter into the original agreement before or after 2007? After

 

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.

The debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Can't remember but probably yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again not sure

 

Why did you cease payments? Couldn't afford repayments due to change of circumstances

 

What was the date of your last payment? Don't know

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

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Just the Town Name of the county court .

 

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...

Ive now received a reply back from Lowell.

They acknowledge that they've received my letter and note my attentions to defend the claim but say that they have yet to receive my AOS?

 

The letter also confirms who the debt is for,

when the account was opened and the contact number.

 

The letter also states that as it is a telecommunications account they are not obliged to provide me with a copy of the agreement or the default notice.

 

They confirm that they have requested copy statements which will be forwarded to me upon receipt.

 

The letter shows the date and amount of the last payment, when the account defaulted and the balance.

 

They have also sent a copy of O2's letter to me stating the debt had been passed to Lowells and the original letter from Lowells stating they are taking over the debt.

 

So where do I go from here?

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You did AOS before did you not on mcol?

 

Don't forget your defence

That's due in a day or two 4pm friday

Get reading like threads

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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Claim is automatically transferred to your local Court at allocation stage...assuming they wish to proceed to that stage.

 

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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