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Posts posted by gerryb2

  1. Unfortunately, I have to agree with Monty2007. The government would be looking at losing a lot of Corporation Tax if the banks lost this case. you can bet your bottom dollar that whatever judge is appointed, someone will be having a word in his shell-like at his club. And even if they can't find the right words to clear the banks this time, it will go to appeal - another year later.


    Cynical - moi?

  2. Hi Tiger900


    If this is over 6 years old and no acknowledgement or payment has been made within the last 6 years then just send a letter to Lowell quoting the Limitations Act 1980 and would they kindly go forth and multiply. I'm sure there is a template on this site somewhere - if not just dig around a bit - oh and don't forget to put in any letter " I do not acknowledge any debt to your company or its associates"


    Just spotted link - use letter M


  3. Hi Rich,


    Seems you have excellent advice with Laiste and tomterm onboard.


    I would however ask to speak to the Court Manager about their refusal to provide you with a copy of their application. If the Court Manager refuses to speak to you then insist on making an official complaint.


    As Laiste mentioned you need to see what is in their application notice before the judge makes a decision.


    I will keep following your thread with interest

  4. this is a good point - if a DCA demands payment from you, but neither they nor the original creditor can produce documents that show that a debt is owed, then it would be interesting to see if they can be charged with an offence such as taking money by deception


    why not send them a letter explaining that, if they cannot produce the relevent docs, then you will be making a complaint to the police


    might set a precedent.....;)


    mmmmmm "DCA director's arrested for demanding money with menaces"


    Wouldn't that be a headline to savour!:-) Stranger things have happened.

  5. And if they do send you an agreement, post it here to get it checked for compliance. They have a habit of sending out copies of application forms and pretending that this complies with CCA request.


    The best move you have made so far is contacting CAG. Don't rush things and do what Vampyra suggests.


    Keep your thread updated and many will help

  6. sorry if I misread original post. I thought that a default had already been registered before Lowell bought the debt. However, Lowells seem to think they are a law unto themselves with regards your information. They will maintain that they were entitled to provide info to CRA's as payment by you was an admission that debt existed.


    I would still ask for copy of agreement as without this you don't know what you have agreed to. Others more knowledgable than me may have additional advice - they'll be along soon

  7. Hi Ladidi,


    I believe that some DCA's and CC companies will mark your record as partially satisfied when you agree f &f. They should have explained this to you when you were negotiating with them. This would not affect the date that the default was registered though and should be the same as before. It will stay on your record for 6 years unless you challenge it. Have you gone through the motions of checking the account for charges, true agreement etc?


    I would ask for a copy of your agreement (£1 fee) to check whether they have a right to record anything at all under the terms & conditions

  8. hi evelyn,


    reading this and your other thread, have you SAR'd cap one yet? I would definitely put this account "into dispute" with both lowells (for no agreement) and cap one (for unlawful charges) which will at least give you extra ammunition should they issue court claim without warning (unlikely given amount). As far as I am aware, there is nothing in the CCA 1974 that specifically prevents having a combined application form and credit agreement. However, all the prescribed terms must be present for it to be a valid agreement. Without these it is just an application form. Look at some of Inkogneetoh's posts - they may help. There are also some threads debating pre-contractual agreements - but I wouldn't try reading them if you've had a few glasses of vino


    I am just a novice with debt battles to fight, however you will find some good advice from the many more experienced people on this site.


    keep us updated on your progress

  9. hi 1970


    Providing you have acknowledged claim within 14 days as suggested earlier then you have 28 days from date of service to file your defence. I would simply file on day 27 asking for documentation as per tomterm8's post with leave to enter further defence if they produce documents. I think then would be a better time to introduce unlawful charges argument in full as you don't know yet if agreement etc.(if produced) will comply with CCA 1974. Some judges like it kept simple - one stage at a time


    If incorrect or no documents produced you could then apply for claim to be struck out on that basis alone. Be aware that some judges might decide that an agreement exists even if docs incorrect so have a good "unlawful charges" defence in your second pleadings


    good luck and keep us updated

  10. Hi Maud 26


    I've also had DCA file with MCOL - (it seems they didn't appreciate a visit from Mr Plod but that's another story).


    First thing when you get over the shock (and many people are shocked by Court papers), is not to panic.

    Log on to MCOL and acknowledge claim using option 1. with 14 days of Date of Service. The Date of Service will show up when you log on but it usually is 5 days from when they posted the claim out to you.


    When you've done this you will have 28 days from DOS to file your defence. Send off the CCA requests in the mean time. Depending on what you get back, if anything, that is when you file your defence - day 27 is a good option.


    If you don't receive agreement then I would suggest filing a defence along the following lines (edit to your own needs), though others more knowlegable may have other ideas. This looks good to Court by giving them time to come up with any agreement and you can then spend time putting together further arguments (charges,PPI, etc)




    Defendant’s Statement

    • This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgment in respect of and/or to strike out the Particulars of Claim.
    • In accordance with the terms of the Consumer Credit Act 1974 s77-79 the Defendant wrote to the claimant on the {date} requesting a true copy the original credit agreement, a signed true and certified copy of the original default notice and a certified copy of any Deed of Assignment if the debt was sold on.
    • This request has not been fulfilled.

    • Under the Consumer Credit Act 1974 s77-79 the defendant was entitled to receive a copy of a properly executed credit agreement on request

    • The Consumer Credit Act 1974 s77-79 states clearly that the claimant should provide this within the prescribed period of 12 days. The claimant is not entitled while the default continues to enforce the alleged agreement. The Consumer Credit Act 1974 s77-79 also states that after a further 1 month the claimant has committed an offence.

    • By failing to comply within the specified time limits as prescribed in the Consumer Credit Act 1974 s77-79 the claimant has committed an offence.

    • Failure to comply with Consumer Credit Act regulations is fatal to the claimants claim.

    • The Defendant invites the Claimant to remedy the above by supplying a true and properly executed copy of the original credit agreement. In the event that the Claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an Order striking out the Particulars of Claim.

    • The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant produces the original agreement. In the meantime, it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

    I believe that the facts stated in this form are true


    Signed Date



  11. I have a case before the Court at the moment so I will let you know what Court thinks is valid agreement in due course. I think your in good hands with advice given so far by inkogneetoh and priorityone


    PS Pam may I PM you for your opinion on something

  12. Good news Duffers Mum.


    However I also think a complaint to Information Commissioners Office is warranted. You don't know if any bank building soc etc checked on your record over the past few years, printed off a report and attached it to your file unless you obtain a full list of who accessed your info since 2004. Then there is the matter that there are three CRA's - are all clear?


    At the very least a complaint about Lowells and their like would help members of this forum by bringing their dubious practices to the notice of Information Commissioners Office.


    every little helps:)

  13. Hi Kano24,


    how long have you got to file reply? Most of their defence statement is pretty straightforward copy & paste by Brian. Not sure about the IVA situation. Suggest you PM a Mod for a bit of 1to1 on this (no peeking Brian)

    Oh and don't forget the draft order for disclosure within 14 days

  14. I wouldn't worry too much Inkogneetoh, I've sent two prelims and not a word (LBA's following tomorrow). I saw a thread quoting Independent article that Nationwide getting 5000+ claims a week now. Senior management have been holding crisis meetings with lawyers and PR people (they seem to think sponsoring RND will make us stop claiming)


    As others have advised, stick to your own timetable.

  15. A big pat on the back for Taylormandy for taking them on and doing so well.


    I believe you have done us all a bigger favour than you know. Nationwide have inadvertently disclosed how petrified they are that if a claim were to succeed (under 6 years that is) and a precedent set, they could end up not just repaying the last 6 years unlawful charges to customers, but ALL unlawful charges (and they have microfiched archives going back 30 years+) due to concealment.


    Perhaps one of the mods might know but would asking for Part 18 disclosure prior to hearing help in similar cases? I think there was something in a recent Citi thread about Judge dismissing case but apologising to claimant that had he had separate request (not in AQ) then he could have ordered full disclosure. I'll look for link.


    Once again, well done

  16. Hi Greendeco, I'd ring the Court to check on situation. If you read around this site you'll see it's not unheard of with Citi. Just another tactic as they'll try and get judgement set aside if you apply immediately. However, some Judge's are getting pee'd off with these tactics. You might get a good one (not in Lincs. are you?) Quoting some of Brian's previous delaying tactics in your letter might not go amiss.

  17. Let us know situation Milo - remember they rely on bullying tactics, not on the argument - keep your nerve and you'll be fine


    Read Gizmo's order in her (not his) thread to see what can be acheived with Citi.


    I think Brian should considering setting up a solicitor's website so they can "copy & paste" a defence as his letter alleges we all do. Oh, hang on a minute they do that already - its called a Law Database:D


    They really doesn't like us plebs having the knowledge do they.

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