Hello Everyone,

Not really sure how to start this so I'll plod on and hope it makes sense?

A DCA has gone to a court case after an account (that has been in dispute) and where multiple dcas have been involved, now after the threats ONE has moved it to court!

I've acknowledged service but now I want to help if I can.

Seemingly the account has always been in dispute with the CC holder and the CC holder admitted things had gone wrong and would rectify but did nothing to recompense but instructed more dcas until it got to this stage.

The defendent sent the dca the first of what would be three letters seeking proof of deed of assignment etc to a PO box addrees. That was ignored.

I have since been told that it is always best to find out a physical address and send there, as the postman can only leave a card when a PO Box is concerned?

QUESTION: Is this why these DCA's USE PO Box addresses, to delay replies, or confuse things, or worse still to perhaps deny delivery?

It seems to me that this can be VERY SERIOUS where a court case and time to reply could mean the difference between innocence and a CCJ!!

So it seems I need to start the series of letters again but my question is if my friend sent a letter to the dcas po box years ago in relation to this stated on the claim form nd they ignored it and just kept sending demands and threats.

Do actually I mention this to the dca in letter 1 where I inform them I am in receipt of a claim form that I fully intend to ?

Not sure what to do and dont want to let my friend down. So important

Hope someone can help????

I have to apologise. Although I registered on CAG for many years. I am not active on the site which makes me feel a little awkward is asking for help in the first place.

tell him to stop using stupid freeman of the land twaddle sites

that's why they've taken him to court.

forget that ever existed else he will have a CCJ by default on his lap.

please fill complete this link

so we have all the correct info to advise you properly to advise him:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Agree with dx. If you keep following the fotl crap, then you'll be laughed at and a ccj is inevitable.

3 letters ?

Thank you both

I thought the whole agent of, family thing a bit strange.

OK I've done the CCA - does this go to solicitor/dca or both?

I had a template for the same and it seems to add more questions but are they relevant, or could that help to strengthen the one on CAG?

See below - what do you think?

BTW: one question on the notice of assignment, shouldnt we be asking for the deed of assignment?

-----

removed - dx

just send the std CCA request

link in post 2 please

else we do not have the correct info to properly advise

Sorry, I thought it might help?

Can you help with this?

I've answered all of the questions and typed the dca claim but what am I supposed to do with it?

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Sorry, I thought it might help?

 

Can you help with this?

 

I've answered all of the questions and typed the dca claim but what am I supposed to do with it?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

Could you copy and paste the questions and your answers onto this thread please? It will help us to advise you.

HB

Also, Is the Deed rather than the Notice of assignment relevant?

Also, Is the Deed rather than the Notice of assignment relevant?

I expect the guys will answer that later, why do you ask please?

The important thing is to copy and paste the other information if you could.

HB

forget deed you wont see that's FMOTL TWADDLE

can you post up that Q&A please!!

Date of Claim: 18th Dec 2017.

Claimant Lowells

What is the claim for –

1)The defendant opened a Lloyds (Credit Card) regulated consumer credit account under reference **************** on 17/05/2004 ('the Agreement’).

2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.

3) The Agreement was later assigned to the Claimant on 24/112015 and written notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £4,908.00 remains due and outstanding.

5.And the Claimant claims

a) The said sum of £4,908.00

b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £1.076, but limited to one year, being £329.59

c) Costs

What is the value of the claim? = under 6000

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? = Before 2007

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. = DCA

Were you aware the account had been assigned – did you receive a Notice of Assignment? = Letter from dca

Did you receive a Default Notice from the original creditor? = Various letters from OC but at all times amount and charges disputed and multiple dcas involved.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? = No

Why did you cease payments? = Business failed

What was the date of your last payment? = 2013

Was there a dispute with the original creditor that remains unresolved? = YES

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt magagement plan = YES for years and under duress while trying to resolve this, paid small monthly payments for around 2-years to stop it going any further.

Does this help.

It seems to be giving out a lot of info to those who are probably watching this site to ensure you cant help people?

? Dont know if the typo Count matters?

Confused and a bit scared for the person I'm trying to help as it seems I've been taking possibly the wrong advice??

Confused and a bit scared for the person I'm trying to help as it seems I've been taking possibly the wrong advice??

yes you have

can you put things BACK in the POC please

we don't need all the XXXXX you ONLY need to XX the account number.

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

Who is the DCA and Solicitor?

(I would put a bet on, that the sols are cohen - from looking at that POC)

I've done all the MCOL stuff, - Thanks for that.

How long do I have to give for them to supply whats asked for in the CCA?

I think we have to put in a defence in around 10 days!

How long do I give for the reply to the CPR letter?

I can show in a 2010 letter that the bank said they would freeze the account for 28 days and refund interest and other charges in order to assist you. They didnt but just 13-days later thy instructed (another) DCA!

From there on it was just threats and more threats. This account started 2004, defaulted 2008, from 2011 for 2-years monthly payments were made but then the DCA wanted more ad eveything fell apart. - Since then one or two letters a year with more threats that my frind couldnt cope with and now we're are this stage

Anything we can take from any of this?

Worried about the amount of letters that have to go and the time left to lodge a strong defence??

can you put things BACK in the POC please

we don't need all the XXXXX you ONLY need to XX the account number.

all the DCA's would have been from the same group

so it went no where no escalated its just a ruse to worry people.

you don't want them to reply..think about it.

there are 100's of threads here already with suitable defences to adapt for him.

the defence is not due till day 33.

what date is on the claimform top right

you've failed to tell us that too..

dx

Not sure what you mean by put things back into the POC. I expect you mean put whatever they have put in their particulars of claim into my defence?

I think its the 20th Dec 2017..

I guess I'll be looking for the best of those suitable defences next then?

Any other letters need to go.

Do I need to write saying we have received their claim and intend to etc...

Sorry if I sound a but dense but so many letters out there. It actually gets quite confusing wondering if when youve done the cca and the cpr - Is there more to do with a deadline approaching!!

Sorry thats how the cpr letter starts off....

Losing it here....

1)The defendant opened a xxxxxxxxxxxxxxxxx regulated consumer crediticon account under reference xxxxxxxxxxxxxxxx on xxxxxxxxx (‘the Agreement’).

2)In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.

3)The Agreement was later assigned to the Claimant on xxxxxxxxx and written notice given to the Defendant.

4)Despite repeated requests for payment, the sum of xxxxxxx remains due and outstanding.

And the Claimant claims

a)The said sum of xxxxxxxxx

b)Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of xxxxx, but limited to one year, being xxxxxxx

c)Costs

you only need XX out the account number.

the rest we NEED to see please

now go BACK and read post 13 and understand what it says at the bottom

SORRY, missed this bit.

Lowell portfolio

Lowell solicitors

Under 5k but almost 6 with their charges!!!

I think its the 20th Dec 2017..

think FIND OUT.

The issue date on the top of the form is the 18th

defence I not due till/by Friday 19th jan.

did you get the CCA and CPR done?

Thanks dx100uk

Yes I'm getting them off today

But two questions:

If I have to give (is it 12-days?) for them to reply, what happens if we only have 10-days to get a defence in?

Are there any other letters I need to send in the meantime, apart from the cpr to the solicitor and the cca to the claimant?

as post 13

think about it..you don't want them to reply...