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Keggy46

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  1. I wonder if they'll start with google; many torrent url's in that engine. I always was suspicious when Orange started to use DLM (digital line management) about 2 months ago. It's a hub infrastructure BT rents now to UK ISP's. Since then, my IP changes daily and so the traffic monitoring begins in earnest. They really will try to implement internet packages: £10 basic - google/yahoo. etc, £20 for MySpace/Facebook, then the creme de la creme £40 for vid sites like LiveLeak/YouTube. Tim Berners Lee will be disgusted the way they are trying to commercialise the internet that was created as peer 2 peer in the first place.
  2. Yes i thought that as well. I think the solicitors are trying it on by claiming the first defendant is my company and second defendant is my person as a legal entity. I didn't personally guarantee anything as it was just a business invoice between the two entities. Is there any validity in their claim? After i sent off my defence, i expected the case to be dismissed, but after receiving the AQ i wonder how far they can/will go? Do i even need to fill in the AQ?
  3. I set up a company a few years ago and was the director. I had a court claim sent to me a few weeks ago, from solicitors representing a company who hadn't been paid for an invoice of £511 from 2 1/2 years ago. My written defence to the court (N9B form) was this: Today i received an allocation questionnaire :-? which i have to return by september 6th. At the bottom it says "A fee of £200 is payable by the claimant on the filing of their allocation questionnaire", so i presume that means they pay, not me (as i'm the defendant). Can someone help me understand if there is any legal basis to chase a debt from a company that's getting struck off and trying to name the director as a second defendant? Thanks for any help in advance.
  4. Hi Pam (version II), Thanks for that template, what a superstar. You've gone from a purring pussy to a roaring lion Almost sounds like something Zubo would write. Your response hits the nail right on the head and i'll be intrigued by their response. Thanks again Pam, you're an absolute hero
  5. UPDATE !!!!! Got 2 letters off lovely Lowell today, one from Lowell Financial and the other from Hamptons Legal. LOWELL FINANCIAL letter: dated 12th April Thank you for your correspondence dated 31 March 2007, we apologise for the delay in replying. We note the comments of your letter but we advise that the agreement we have sent you states: that you accept the terms and conditions set out by the consumer credit act 1974. As a result we believe that this indformation meets the requirements of your request under the consumer credit act. We trust this clarifies the situation and look forward to recieving your proposal for repayment. HAMPTONS LEGAL letter: Dated 11th April. We refer to previous correspondence and note you have failed to respond to us to make realistic arrangements to settle the amount outstanding to our client. Legal proceedings may now be issued and served upon without notice through the County Court, which would incur you with payment of the following costs:- Current outstanding Debt: £729.87 Court Fees: £80.00 Solicitor Costs: £70.00 Interest: £17.60 Total: £897.47 Please note this will substantially increase the amount you are liable to pay to our client. YOU CAN PREVENT THIS ACTION BEING TAKEN BY CONTACTING US ON 01133086030 AND ARRANGING FOR PAYMENT TO BE MADE. It is not too late to resolve this matter prior to any intended legal action being commenced and we would urge you not to ignore this correspondence and contact us immediately. What do you guys make of their response, as this is my first letter off Hamptons. Thanks in advance
  6. if you have time sillyGirl, i'd highly recommend reading tBern123's thread, most fascinating. He opens up the can of worms about how DCA's use dormant trading status to empower their own legal departments to chase down debts even though they are the same 'umbrella' company. It's a very underhand tactic that i'm sure will change once the financial ombudsman kick in, in april. Every investigation will be charged £500 to the DCA, so that will soon get them to play above board. it's sad but the UK is a debt ridden society and DCA's are just leeches who think they can make their own laws, not for much longer. it sounds like you've had your fair share of stress SillyGirl, the pain is almost over:)
  7. Jesus SillyGirl, sounds like you're having a nightmare. Perhaps it would help if you changed mental tact and look forward to them contacting you. A great post i read was when someone was phoned again and again. The DCA would say "can you confirm your address and phone number", simple answer "no, i don't know who you are and am disclosing no information. Anything you have to say is to be done in writing so i can trace paperwork", they'll soon stop phoning. There are templates to get them off your back in this forum. A few terse letters to CapOne or Lowell (their bully boy refferal agents) should soon get them off your back if you have a notice of discontinuation from a court. Just remember that DCA's have such a high turnover of staff that they just bully people who are spewed out by their automated phone diallers. They didn't do very well at school and were probably bullies themselves. Good luck SillyGirl, i feel your pain
  8. thanks Pam, you're on full purring power now i'll ammend accordingly, print off and whack it in the post tomorrow, recorded delivery ofcourse.
  9. gonna go with pam the pussycat approach and have a zubo's zeal as back up ammunition. fire that salvo on another day gonna send the following to lovely Lowell: address 31st March, 2007 Lowell Financial PO Box 172 Leeds LS11 9WS Dear Sir/Madam Re: − Account/Reference Number xxxxxx DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BEFORE I CORRESPOND FURTHER. With reference to the above account and a letter from Lowell Financial entitled “Termination Notice”, I would like to request the following please: - To clarify who owns the debt; is it “Lowell Financial Ltd” or “Lowell Portfolio 1 Ltd”? - Thank you for the information you sent following my request under the CCA 1974. However, I made a request to you on 6th February 2007, for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form. A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights. I would therefore be obliged if you would send me a copy of that document as soon as possible. I look forward to your reply and clarification regarding this account. Yours faithfully Me Thanks Zubo and Pam, sincerely appreciate the input :)
  10. indeed zubo, i'm a big columbo fan - act dumb and stupid and people will think they are better than you, but inside shines a genius with malice. one of my favourite quotes "Wear your knowledge like a wristwatch, proclaim it every hour, don't dictate it every minute!!" looks like i'll use Pam's nice approach and have your fighting spirit empower me, gotta let Lowell feel the love before they feel the hate:)
  11. Jesus Zubo, you really shoot from the hip, nice :) I was going to include your original comments posted on 21st March, but preffered instead the softly, softly approach as recommended by InKogneeToh(Pam). Perhaps a the female touch may be too soft and your intonation Zubo is much more warranted. Lowell have the audacity to threaten decapitation and courts et al, so why can't consumers speak their language aswell I would love to send your version Zubo, but will wait to see if anyone else responds with input before i post it tomorrow. Thanks Zubo, reputation added with pleasure
  12. Hi to you all, Just about to fire this off to lovely Lowell and would welcome feedback from anyone As a reminder, i dispute their paperwork because of the generic 'application form' they sent that's meant to be a copy of the agreement, same as DiskManDaves paperwork (http://www.consumeractiongroup.c o....tml#post557960 ). Here is my letter to send ... MY ADDRESS 31st March, 2007 Lowell Financial PO Box 172 Leeds LS11 9WS Dear Sir/Madam Re: − Account/Reference Number xxxxxxxxxx I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BEFORE I CORRESPOND FURTHER. With reference to the above account and a letter from Lowell Financial entitled “Termination Notice”, I would like to request the following please: - To clarify who owns the debt. Is it “Lowell Financial Ltd” or “Lowell Portfolio 1 Ltd”? As a customer, I see these two limited companies as completely different entities where each company is unable to enforce the alleged agreement because this account is in dispute, nor share data with each other nor have rights of assignment. - Thank you for the information you sent following my request under the CCA 1974. However, I made a request to you on 6th February 2007, for a copy of the executed agreement applicable to the alleged debt. Under the CCA s77/78, you are obliged to send me a true copy of the actual credit agreement but have only sent me a copy of the initial application form. A regulated credit agreement contains all of the prescribed terms, other required information and statements of my statutory rights. I would therefore be obliged if you would send me a copy of that document as soon as possible. I look forward to your reply and clarification regarding this account. Yours faithfully Signature Thanks in advance, really appreciate the help.
  13. thanks lantana, really appreciate that. It clears up the doubt of deadlines, just get 'em where it hurts...their pathetic admin. Amusing that when Lowell phoned today and i said i will only correspond in writing he said "We are a call centre you know, it's our job to phone", pure gold. I just feel so, so sorry for the OAP's that they must scare shi****s with intimidation. i'll re-jig original draft from your advice and Zubo's, thanks again Lantana:)
  14. zubo, that's a fine British name, in the words of Al Murray:) We're all foreigners and are just alien star dust from the ethereal cosmos and yes i don't believe we landed on the moon as well!! They probably orbited but no way did they land. Iraq is for oil and they WILL invade Iran, just so they can monopolise the south of the Caspian sea, google map it and you'll see what i mean. Caspian sea is the last bastion of oil reserves, ooppss, going off topic again:x Any help given to beat bullies whether military might or just some jumped up DCA can be spoken in any native tongue for all i care. Besides, we should all barter with apples and bananas like the good 'ole days. no money needed, just the size of your apple tree matters. Even then DCA's will probably want to surcharge for cost of air and soil. Thanks for your suggestion Zubo, i will ammend my pervious post accordingly.
  15. Hi Pam, Again, you're a breath of fresh air, thanks. :):) I will do exactly as you say and write a letter saying something like : Dear Sir/Madam, Thank you for the information you sent following my request for data under CCA 1974. However, i would like to point out that as duly authorised collection agents, Lowell financial Ltd are obliged to send a copy of the executed credit agreement that contains all of the prescribed terms and all notices of my statutory rights and not just a copy of the initial application form, which i received. As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. Also, the debt is now unenforceable as it took 35 days to receive my requested information. The statutory time limit is 12 days as detailed in the Consumer Credit Act of 1974. Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested and consider this matter to be “in dispute”. Would that be okay, or can it be beefed up? Regarding Cap1 charges, well that's just a joke. Original card limit was £200 and i only had two transactions in 2001, a £100 cash withdrawal and 2 Eric Clapton tickets, 'cause he's a guitar God:). Anyway, after that i buried my head (as you do) and they put almost £600 in interest and charges on the account. So even if they chase and chase, i will only owe about £40 to pay off the money, i originally borrowed. Will only pay if they can provide what i'm asking for though. It's just the principal of beating down the bullies that feeds my fire. Again, thanks in advance.
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