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    • Thanks all. Think I have come to a plan dx please correct me if I am getting you wrong but I am going to go down the route you suggest. simply stop payments for now until I receive a DN and it gets marked on my file. Then contact each lender and start making token payments to each one. i then assume most like they will then at some point sell to DCA. Once they are sold I’ll be coming back to see how best I deal with it.  Let me know if I am making some error in judgment or missing anything with my plan 
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Lowell claimform - old HBOS OD Debt***Claim Discontinued***


Fmcool
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Thanks

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get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

wont hurt to do the above..

 

 

if the bank don't hold anything

I will guess its statute barred then as that tallies with what you are saying

 

 

this can be addressed in your witness statement.

 

 

get the CCA/CPR running.

I take it since the claimform [ or knowledge of the claim]

you have not asked them to prove their claim under CCA/cpr?

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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I will try and send a request for the cca and the CPR.

 

When I received the DCA's letter informing me that a claim had been filed in the county court I had replied them requesting them to send me proof of last payments/contact to the account but not fully worded as the CCA/CPR request samples on the forum

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try = no do it!!

 

 

CCA cannot be ignored its a legal request

at least get that running tomorrow as a matter of priority...

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

Am sending the letter off today.

Today also,

I have just received an E-mail for invitation to mediate via telephone service,

 

 

my question is

1. Should I still send the cca off

 

2. On the email I received,

it stated if I can answer yes to all the 3 statements mediation is available.

 

 

One of the statements is

"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 I can mediate"

 

 

my answer to this will be no as lowell is yet to send me the proof of last payment since I have asked then 2x over a month ago.

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you answer yes until the actual mediation phonecall

THEN you say NO

 

 

please get your CCA/CPR running

you are losing time.

 

 

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... 

Link to post
Share on other sites

  • 2 weeks later...
you answer yes until the actual mediation phonecall

THEN you say NO

 

please get your CCA/CPR running

you are losing time.

 

dx

 

 

Am a bit in a panic as I have the telephone mediation tomorrow and don't know if a deal will be reached as the claimant had failed to supply me with the requests I had asked for about 4x now.

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so post 30 tells you what to do nothing to panic about...

 

 

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... 

Link to post
Share on other sites

you quoted my [last] post [#30] when you posted today with your question!!

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

Mediation wont proceed once you inform the mediator you are not in a position or possession of all the documents.....thats assuming you need the documents to mediate and wish to reach a settlement.

 

Andy

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  • 1 month later...

Update!!!

The mediation failed eventually as I was not agreeing to settlement.

 

 

The court then sent a letter of details of the hearing to be end of September.

 

 

2days ago I received a letter from lowell solicitor informing that their client has informed them to discontinue the claim and a copy been served to the court.

 

Oops! What a great relief reading that.

 

 

I cannot thank you guys enough for your support especially your speedy responses,

glad I found this forum.

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hey you won!!

 

 

well done CAG

 

 

dx

 

 

 

 

 

 

 

 

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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

Good news FM......thread title amended to reflect the outcome.

 

Regards

 

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

If you want advice on your Topic please PM me a link to your thread

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