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Lowell claiming - old Very CAT debt***Claim Dismissed with Costs***


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thread tidied

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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  • 1 month later...

Yes to mediation

 

Yes to Small Claims Track

 

Name you local county court

 

1 witness.... yourself.

 

The rest is self explanatory tick boxes...run 3 copies ...court /claimants sol/file.

 

Use the following and complete on screen..looks far more professional.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

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Only existing/concluded threads on the same type of debt/claimant.

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

 

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Use the search cag box of the top red toolbar

 

Claimforn lowell cat

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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Dont sign omit email and phone

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

  • 4 weeks later...

Had the call to arrange mediation today.

It came at a bad moment, so they're calling back later.

 

Are they able to dictate that my partner must take a day off for the call?

He has one weekday off every week.

 

Is it reasonable to ask that the call be scheduled on one of those days?

 

It seemed not from the initial call...

Edited by dx100uk
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Did you not put those dates on the form?

Have Lowell coughed with paperwork yet?

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

I put dates we are away and not available for court appearances.

I didn't put every working day down, I thought the person arranging mediation would take both parties' availability into account.

If that's not the case, then fair enough...

 

Lowell replied to the CPR 31.14. They included:

 

notice of acting (not on headed paper)

letter of claim (same)

credit agreement (unsigned)

standard european credit information

 

a computer screen print out which they say is the default notice

(I uploaded a copy of this before, and you said it did not qualify as a proper default notice) letter (also not on headed paper) from shop direct introducing lowell

summary of transactions from shop direct

 

This is the 'default notice' (mentioned above and uploaded previously).

How sure can I be that this will not be accepted by the court as proper documentation?

 

It seems odd that they are willing to reproduce all other documents by simply printing out template letters not even on to headed paper but that they cannot / will not produce the default notice they claim they sent.

It was genuinely never received.

 

My partner was living at a different address by this point but had a redirection set up with Royal Mail and was receiving all other post.

 

Sorry for all the questions today...

 

I've read through all the paperwork again this afternoon.

In my CPR 31.14 I asked for a copy of the demand / termination notice.

In their response, no reference was made to this part of my request.

 

Nothing that says demand or termination on it was sent.

Is this a separate document to the default notice that I requested at an earlier stage, the reply to which I've uploaded in the post above?

 

If so, I've received nothing that corresponds to that part of my request.

Or are the default / demand / termination notice one and the same thing?

 

I'm just trying to clarify what I have & have not received, as I assume at some point this will be asked about?

4.jpg

Edited by dx100uk
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Dn is the tn

Lowell have lost numerous claim by not having a dn

 

The rest you have gotten is made up rubbish

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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So is the person calling back today likely to ask what has / has not been received?

 

I've read a few other threads and it seems its been advised before to say that not everything has yet been received - this would be accurate in our case.

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you say..I have not received all the required documentation to make an informed decision

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

  • 1 month later...

The last time I posted my partner had just received a call to arrange mediation.

It wasn't a good time (he was on a bus with our toddler daughter)

they said they'd call back that day at 4pm.

They never did.

 

A few days later he called them himself.

said that they had not been able to arrange mediation but could not seem to find a record of why.

said the case had been passed on for a court date.

 

As we have still not received most of the paperwork we've requested, mediation would have failed anyway, so I hope this was not a terrible problem.

 

It's now been nearly a month, and we've heard nothing further.

Should I be worried?

Or doing something?

 

What are the typical timescales involved here?

We now have another baby only a few weeks old and I'm conscious of how easy it would be to overlook something important...

Edited by dx100uk
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some courts have a long back log to allocation we've been seeing.

 

what does MCOL say?

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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  • 3 weeks later...

Have been trying to log in to MCOL to check. Is there a more user-unfriendly website in the land??

 

I need a username and password. I have the password printed on the claim form I was sent back in April. I have a 12 digit 'gateway number' (handwritten on the claim form by me) and a MCOL 'customer number' (also handwritten), which begins MC...

 

Which combination of these do I need to log in?? I've tried so many and none is working. Or what else could I be doing wrong? Sorry for the extremely dumb questions today, I am normally more than capable of logging in using username and password, I promise.

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Ring Northampton and ask what the status of the claim is ? If you have not received a Notice of Allocation from your local county court...inform them.

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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Yes it allocates the claim to your local County Court (N157 form )

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...

Good morning,

 

We've been sent a date for our court hearing, 29th October.

 

I've read on some similar threads that we need a witness statement for this. Is this something I submit somewhere in advance? Is there a deadline? I didn't see it mentioned in the correspondence that arrived. Sorry for the ignorance.

 

There was also an offer from Lowell to settle for a reduced figure at £20 per month. Having come this far, and as they are still unable to produce the proper documentation, we are going to continue with the process but if they are successful in receiving their judgement, what happens then? Obviously we simply do not have the £3k or whatever it is to pay within 14 days. They cannot take what does not exist, so what would happen then? Would a repayment plan still be possible? I know I am getting ahead of myself here...

 

Thanks as always

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If you have the trial date ...you have the Notice of Allocation (n157) which also contains the directions (witness statement and disclosure and dates you must comply by).

 

If they get judgment ...the court will either set it as a monthly payment or a forthwith payment...if the latter you can make application to vary it to a monthly payment.

 

 

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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Hi Andy,

 

You're right of course. I had put this to one side awaiting further correspondence with the date..

 

If I've understood it correctly, I need to submit the defence at least 14 days prior to the hearing date, which is Monday 29th, so Monday 15th. Allowing for postage time, do you think it would be ok to send no later than Friday 12th recorded?

 

I know there's no template for this stage. Are there any threads you could recommend I look at?

 

Many thanks

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