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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Lowell Claim form - RBS Credit Card ***Claim Dismissed***


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Good to go? - obviously with the agreement number and amount added.

 

The Defendant contends that the particulars of claim are vague and generic in nature. 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) The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol). And failed to serve a letter of claim, pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2) Paragraph 1 is noted. The Claimant claims £xxxxx is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the Claimant’s solicitor by way of a CPR 31.14 and section 78 request

 

3) Paragraph 2 is denied, The defendant has not received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. The defendant also denies having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act.

 

The defendant submitted a request for documents pursuant to CPR 31.14. on 29th May 2018. The claimant acknowledged receipt of the request but has failed to comply.

The defendant submitted a request for a copy of the agreement pursuant to section 78 CCA1974 on the 3rd January 2017. The claimant has yet to fully comply.

 

4) It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence the nature of breach and service of a Default Notice; and

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6) On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

7) By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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now get reading up on what happens next so you are prepared..

 

hint N180

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...

I received a completed N180 from Lowell Solicitors a couple of weeks ago, followed by another for me to complete by the Court and file by 2nd August.

 

I have looked at previous threads on this to prepare but just would like to confirm a few points:

 

  • Am I right in thinking that it would curry favour with the court if I agree to the small claims mediation service?
  • I have to send hard copy to the CC Bus Centre?
  • I have to serve a copy on all other parties - Does this mean i have to photocopy the form and send by mail to Lowell Solicitors?

 

As ever, thanks in advance.

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Just about in every claimform thread

 

Yes to mediation

Yes to Small Claims Track

1 wit you

The rest is obv

 

3 copies

1 to the court

1 to the sols minus email/phone/sig

1 fot your record

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...

I have now received the standard mediation letter for a small claims telephone appt but think I have made a mistake in answering yes to point

2) 'I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment.'

 

when i phoned them.

An appt. has been made for next week.

 

Looking at various threads on here I now realise I maybe should have answered No?

 

Should I contact them again and change my answer?

 

Will mediation still take place if I change it to No?

Edited by dx100uk
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  • 2 weeks later...

Have you received the N157 (Notice of Allocation) ?

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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That's mediation over with.

What do I research next please?

 

So what was said at mediation ...after I assumed it failed

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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And you will receive the N157 Notice of Allocation with the courts directions on what you must do to prepare for hearing.

 

Post back when this is received.

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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  • 4 weeks later...

So WS Time then

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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Just 1/2/3 page 2 that affects you..you must by those dates comply

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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ideally the former inc the latter

always best not to blink first.

though it might brcome like that

no harm in starting now mind.

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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Please see my first draft. I would welcome any constructive comments - thanks

 

Background

 

I am the defendant and state that the facts contained in this statement are true to the best of my knowledge.

 

There are several documents attached with this statement. (paginated)

 

It is my understanding the claimant is an Assignee, a buyer of defunct, disputed or bad debts, which are bought in masses as portfolios at a much-reduced cost of the amount claimed….10p to 15p in the pound and which are already written off as capital loss and claimed against taxable income by the original creditor. The claimant then issues claims on masses with little or no evidence or documentation as a ‘fishing exercise’ claiming the full amount of alleged debt to maximise profit.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debt (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information) The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

On xxxxxxx I made a written CPR 31:14 request to the Claimants solicitors, Lowell Solicitors of PO Box 1419 Northampton NN2 1BU requesting that the Claimant/And Claimants Solicitors provides copies of all documents mentioned in the statement of case. Exhibit 1

 

A copy of the original agreement

A copy of the Default Notice/termination notice

A copy of the Notice of Assignment showing the claimants legal right to act.

 

Having made the claim, the above date should have been immediately and fully available from the claimant and as per the above formal requests duly sent to the defendant to allow a swift conclusion.

 

Disclosures

 

The claimant did not fully respond to my requests made on xxxxxx and has not provided all the documentation that was requested on the court order. Exhibit 2

 

The agreement provided is nothing more than an illegible computer print which is missing several pages of key terms and conditions.

 

The statements again, look to be poor quality print outs and fail to show any agreement or anything valid that shows there was an agreement in the first place.

 

The claimant has also failed to supply a Default Notice. This is a requirement under s87(1) of the Consumer Credit Act.

 

The claimant has yet to supply me with a Notice of Assignment.

 

Conclusion

 

The claimant has failed to show a valid agreement showing that the defendant owes any money to the claimant/assignor. The claimant has failed to comply with my formal requests on the xxxxxxx. I can only presume that the claimant does not have the legally required original agreement with terms and conditions, Notice of Assignment or Default Notice and has merely tried to obtain an undefended default judgement.

 

Notwithstanding the above the claimant remains in breach of the 12 day response period under Section 78.6, therefore the claimant is unable to request any relief until such time they can comply.

 

It is therefore averred that there is no outstanding balance nor as the claimant been able to produce any documentation to prove otherwise and I therefore respectfully request that the court dismiss this claim and award costs it feel fit in defending this matter.

 

Exhibit 1 : Copy of defendants CPR 31:14 request dated xxxxxx

Exhibit 2 : Copy of claimant’s response to CPR 31:14 request dated xxxxxxx

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