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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • 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.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • 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
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lowell/cohen claimform - old shop direct CAT debt


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Hi All Newbie here, hoping someone can point me in the right direction please.

 

Just over 10 years ago I lost my dad to dementia,

just over 5 years ago sadly he died,

unfortunately he wasn't insured or had any saving

it was down to me to find the money for his funeral

not having much money myself I had to rob Peter to pay Paul so too speak

a lot of my own bills got missed in order to find the money needed.

 

Long story short

I ended up defaulting on my very catalogue account,

they quickly sold it on to I think at the time it was Reston's, they gave up after a couple of letters

then Moorcroft took over again gave up after a couple of letters

then Lowell took over with letter after letter they even sent a 50% reduction letter at 1 point

 

unfortunately I buried my head in the sand and hoped it would just go away as I was in a bad place at the time after suffering ill health myself, no excuse I know.

 

Eventually this year I finally got myself together and started looking around the web to see if I could find some help

after doing some reading on various sites it all pointed to sending lowell a CCA letter by post which I did,

after approximately 6 weeks I got an email from a company called Lucas Credit Services Ltd

I thought it was time to join a site and seek help properly, the letter says :-

 

 

Dear xxxxx

 

Our Ref: xxxxx

Client Ref: xxxxx

Outstanding Balance: £4,724.88

 

We refer to your recent contact with our client Lowell.

We have attached herewith a copy of your Credit Agreement and Statement of Account as per your request.

Please note your agreement has been terminated and the outstanding balance of your account stands at £4724.88.

 

Please telephone this office on xxxx xxxxx on receipt of this email to discuss the matter further.

 

If we do not hear from you within the next 7 days, we are instructed by our client to refer this matter to their solicitors, Cohen Cramer Ltd to commence legal action.

 

We look forward to hearing from you.

 

Your sincerely

 

Attached to the email was a statement, an agreement and a blank agreement for some reason.

 

I joined Experian yesterday to check my credit file

on there it says I have 1 negative and it was Lowell that had recorded the default on the 26/02/2014 with a default balance of £4022

on the statement it says sold balance £4724.88.

now I'm wondering what I have to do next as it says never ring these people.

 

Hope this is enough information and that someone can help me please, thanks in advance

 

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all those dca's are the same lots

just rying to kid you the world and his dog are after you so it must be important

 

its not.

 

it might have been better to have not sent that CCA request

how did they get you email?

and I hope you've not responded?

 

the importany bit here is your last payment date?

 

just one last bit.

 

Lowell didn't default you , a powerless DCA cant

to OC defaulted you before sale.

 

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 dx100uk thanks for the reply,

I honestly don't know how they got my email

I can only assume it was the email I used for the catalogue I can't remember,

they are the only 1's to ever use it and no I haven't replied came here first.

 

According to statement last payment was 26/07/12 - Default date was 27/02/2014

 

In my credit file it says Defaulted accounts Lowell Portfolio I Ltd, Mail Order

 

This account has been defaulted

 

If you have incorrect details on your file contact Lowell Portfolio I Ltd

Entry Number C3, Account Started 14/03/2011, Default Date 26/02/2014 Default Balance £4022 and my Details.

 

Sorry I just assumed Lowell Defaulted it

 

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nope they cant

upon sale the original creditor will.

 

i'd be getting an sar off to SD and get all the statements

then if Lowell do issue a letter before action

you are prepared

 

can we see the CCA return please

read upload

make SURE you redact things properly

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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is the statement they sent as shown above correct?

If so you last ordered stuff in aug 13 and last paid in aug 13.

the delay in defaulting allows them to continue to add interest and pushed the SB date further into the future.

 

Both of these can be challenged but they are not your main problem.

However, you can ignore Lucas as they dont own the debt.

 

Lowells should have sent you a notice of assignment on the date they bought the debt and that should also match up with the entry on your credit files if they have indeed bought it.

 

The statements above dont have enough detail to show a true stateemnt of accounts so the SAR should yield information about interest charges, any fees added etc and when these were applied.

 

Once you get this back the experts will advise an what to do next

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  • 3 weeks later...

Ignore it. Just another dca Lowell have passed it to. They can't do anything

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Same lot next desk

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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The next desk in the portacabin next to the bog

 

Please go read up about dca'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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its a PAP letter

you should respond

 

tick box D

tick box I

 

circle all of the list

 

DO NOT SIGN IT!!

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 a PAP letter

you should respond

 

tick box D

tick box I

 

circle all of the list

 

DO NOT SIGN IT!!

 

I wonder if this is a new tactic they've started to employ in order to get debtors to respond to powerless DCA's?

Call me a cynic!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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no I think its the other way around

make the DCA's prove they have the paperwork first

thus putting them off going to court when they know and have been put to proof they don't have it.

I think the first DCA to do that

where the claim is defended will get hammered..

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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no I think its the other way around

make the DCA's prove they have the paperwork first

..

 

Yes, didn't look at it like that.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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agree with DX,

 

what on earth can CC do now they have it in writing the debt is disputed?

 

They can only take instructions from the creditor and starting a court action without advising their client they are about to shoot themselves in the foot is contrary to the rules of being a solicitor.

 

Therefore they will need to see the paperwork to fill out the particulars of claim.

 

No paperwork, claim sinks.

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  • 3 weeks later...

Hi Guys

 

I received the SAR from shop direct today

do you want me to upload it all

or is there anything I should be looking for amongst it all in particular ?

 

I also received a letter off of lucas today.

 

I like the way they give me 10 days to reply with the date on the letter being 1st December and I don't receive it till the 11th lol.

 

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lucas.pdf

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use the sar

findout why lowells are offering +50% off it

 

penalty fees letter/over/late phone call charges etc.

usually fixed sum like £20 £30 £12 etc etc

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

buy now pay later interest then?

 

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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