Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21
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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt

    Quote Originally Posted by chimp123 View Post
    the one I attached called witness was the first one I sent to Northampton. that's my witness.statement. the other one to.stockport is my defence. thanks
    Should be the other way around Defence to Northampton...witness statement to your local county courticon (Stockport) ?

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  2. #22
    Basic Account Holder chimp123 Novitiate



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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt

    Name of the Claimant ? Lowell portfolio 1 ltd

    Date of issue – . july 2017

    What is the claim for –
    1. The defendant entered into a consumer crediticon act 1974 regulated agreement with new day ltd.

    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 claimant on 21st July 2016 and notice given to defendant

    4. despite repeated requests for payment the sum of £1250.60 remains due and outstanding

    interest pursant to s69 county courticon acts 1984 at the rate of 8% oer annum. Being £93.20

    What is the value of the claim? £1493.80

    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

    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. lowell

    Were you aware the account had been assigned – did you receive a Notice of Assignment? no

    Did you receive a Default Notice from the original creditor? no

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? some

    Why did you cease payments?I didn’t cease payments it went to Lowell as I wasn’t paying enough and I didn’t contact Lowell.

    What was the date of your last payment? Jan 2016 was the last payment

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

    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? Yes I let the original company know I was having debt issues. Didn’t arrange a payment plan to my knowledge

    Attached Files

  3. #23
    Basic Account Holder chimp123 Novitiate



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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt

    three weeks to court date. I dont have the default notice but I am not sure if not having the signed agreement matters now? Or does it?


  4. #24
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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt

    I've popped everything in post 22 so we can easily reference it

    they have no agreement
    they have no default notice

    both are fatal to their claim.

    dx

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  5. #25
    Basic Account Holder chimp123 Novitiate



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    really?

    I thought they didn't need the agreement but great.
    that is what I will be saying in court.

    they have paid the allocation fee.
    they haven't sent it me
    they say on witness statement they need to request it.

    wouldn't surprise me when I turn up they have it.
    what Happens then because they didn't submit or send to me?

    just hyperthectical


  6. #26
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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt

    they cant produce it in court.
    inadmissible.
    and don't enter into any silly little chats beforehand with anyone.

    if the judge asks you to speak
    simply state the claimant has failed to produce the signed agreement required under CCA 1974 to enable enforcement
    the claimant has failed to produce the default notice required under section 87[1] of the same act.

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  7. #27
    Basic Account Holder chimp123 Novitiate



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    brilliant thanks dx. that has made my night.


  8. #28
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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt

    Quote Originally Posted by chimp123 View Post
    really?

    I thought they didn't need the agreement but great.
    that is what I will be saying in court.

    they have paid the allocation fee.
    they haven't sent it me
    they say on witness statement they need to request it.

    wouldn't surprise me when I turn up they have it.
    what Happens then because they didn't submit or send to me?

    just hyperthectical
    If the claimant fails to disclose it under directions ...then its inadmissible..you cant be ambushed on the day...read CPR 31.

    http://www.justice.gov.uk/courts/pro...l/rules/part31

    And also failing to comply with court directions...... CPR rule 3.9.

    https://www.justice.gov.uk/courts/pr...les/part03#3.9

    https://www.lexology.com/library/det...f-a29b013533e8

    Andy

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  9. #29
    Basic Account Holder chimp123 Novitiate



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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt

    Thanks Andy, next week is the court date. I am prepared now thanks to everyone will keep you all posted


  10. #30
    Basic Account Holder chimp123 Novitiate



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    hey all had a letter today saying case has been discontinued so all legal proceedings have ended.


  11. #31
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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt



    IMO

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  12. #32
    Basic Account Holder chimp123 Novitiate



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    Quote Originally Posted by Ford View Post
    happy days I think


  13. #33
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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt

    hey you won
    well done CAGicon

    don't forget to donateicon if you can please...

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
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  14. #34
    Basic Account Holder chimp123 Novitiate



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    Quote Originally Posted by dx100uk View Post
    hey you won
    well done CAGicon

    don't forget to donateicon if you can please...
    Pay day tomorrow I will donateicon no problem. great website win or lose learnt a lot


  15. #35
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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt

    Quote Originally Posted by chimp123 View Post
    happy days I think
    if you want to double check, give the court a ring to check they have received the claimants discon.

    IMO

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  16. #36
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    Default Re: Lowell claimform - old Newday Aqua Credit Card Debt

    Well done chimp..thread title amended.

    Regards

    Andy

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  17. #37
    Basic Account Holder chimp123 Novitiate



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    Quote Originally Posted by Ford View Post
    if you want to double check, give the court a ring to check they have received the claimants discon.
    will do thanks



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