Well about 90% of the alleged debt is Late payment fees, so im not willing to pay the reduced amount they offered.

when is sent CCA they replied after about two months with pages of the C.C transactions, i wrote back and requuested for a signed T&C, after another 3 weeks they replied with a photocopy of the application form (attached in on of my earlier post). sent them a third letter explaineing they have not provided information that i requested. They replied again with same photocopied appliaction form and an unreadable, unsigned T&C. i totally ignored them, after about 4 weeks i received a letter threathining court action, i didn't bother to respond, got another letter at the weekend advising they have reduced the alleged debt and asking me to pay the balance.

Hi again.... well they didn't stay away for too long. I received a letter from them and threatning court action and today another letter giving me payment options. However i have still not received a copy of my T&C's all they keep sending me is a copy of the application form. Can anyone help me as to the next step of action to send to these people?

Cheers Bazaar, Any more opinions on this please.

The doc on POST 10 is the application form which they just photocopied again attached it to a photocopied T&C sent to me!!! the T&C donot evn have a date on it so can't say exactly the period it governed CAPITALONE C.C Pls whats FOS and CPR not too familiar with the acronyms lol.

Lowell are back again, after sending them the letter on POST 14 ABOVE, they replied today sening me the attached T&C below with the PDF doc in POST 10. This is well beyond 12 working days and 30 days from the date. any one had same experience??? what should be my next line of action. scan0001.pdf

FUZZY, your letter did the magic, since i sent it to lowell i ve not heard any response from them, whereas before they were threatning court action:smile:

Thanks fuzzy, i will have to wait a couple of days more for the 12 working days to be up before sending this letter lol,. they sent me the application form within a week of my seding CCA to them.

Thanks fuzzybobble, you ve put a smile on my face tonight lol, which template letter do i need to send to them now?

Below is a scanned PDF copy of the form, it can be enlarged in adobe acrobat. scan0001.pdf

this is the agreement they sentImage of cap one - Photobucket - Video and Image Hosting also no ppi agreement sent but i was being charged for it. Should i write them and request a readable copy and a copy of ppi agreement?

they sent me a photocopy which is not readable, i will get to scan it and see if i can upload an enlarged copy.

bump, any help on this please.

Lowell bought my cc debt from capital one, the total sum amounted to £400; £260 of the debt is ppi, late payment and over limit charges. I sent them a cca and received a non readable agreement form signed by me. The option box on the form to agree to ppi was not “ticked” and no ppi agreement was supplied by Lowell, even though ppi is part of the charges on this debt. My question is …. 1)Now I have received the agreement form, can I claim for the over limit, late payment charges and ppi charges. 2)Should I request for a signed ppi agreement form? 3)If they cannot provide a signed ppi form whereas I’ve been charged ppi does this invalidate their claim?

Funny enough they just rang me this morning to say "eerrr... yeah we found our agreement with you and u have kept ur part of it, but if u can increase the amount we will most appreciate it, sorry about yesterday" my reply was i'm gonna ponder over it as i don't want to over commit my self financially.

i went into arrears with both my water and sewage company, the water company sent me to court, where it was agreed that i can only afford to pay £10 a month. The sewage company accepted the same amount, but after about 5 months of me keeping up with the payment plan, they have just sent me a letter saying i have to pay the full balance, i called the office and the person i spoke to insisted i should increase the amount, i said no and asked to speak with a supervisor but he bluntly refused to transfer the call, but rather threatened to send the debt collectors and possibly to county court if i don't increase the payment. please what is my rights on this issue .

HI ALL, I had problem with my sky box in June last year, and cancelled my package in July last year. Last week I received a letter from a company Satellite Direct demanding payment for insurance cover on my “sky equipment”. They claimed I started the policy last September, I demanded the written contact, which they replied that it was a policy agreed on phone. I know I did not agree any policy, as I have cancelled my sky package. They are now demanding a written cancellation notice for my sky package, for them to cancel the contact otherwise I will have to pay them a cancellation fee. My problem is that I cancelled sky over the phone and therefore do not have any written cancellation document. Any ideas on how to solve this please.?????

Cheers nicsussex any more ideas and help please

bump:confused: any advise please

Can someone advise me on the following??????????? What is really worrying me is the possibility of allocation to the multi track. I am sure I have read other threads saying that the costs involved if you lose other than a "small claims" would be catastrophic. Should I send a letter to the court as a "representation" as per section 4 of the letter pointing out that I would be unable to meet the costs if I lost the case as a "multi track"? Any ideas/help would be most appreciated

I received a letter from court today with a defence from Lloyds attached to it WHAT IS THE NEXT STEP FOR ME PLEASE???; LETTER FROM COURT "The district judge has directed that allocation questionaires need not be filed" "A proper officer has considered the statements of case and allocation questionnaire filed and allocated to the small claims track". Before the claim is listed for hearing. -the judge has ordered that a preliminary hearing-should take place because special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person. The preliminary hearing will take place at (personsl detail deleted). At this hearing the Court will consider either: (a) to stay the claim pending the decision in a test claim involving the Defendant. or , (b) to give directions for this case to be heard as a test case. and if necessary to reallocate the claim to the multi track for that purpose. Not less than 14 days before the preliminary hearing the Defendant shall file with the Court and serve upon the Claimant details in which will determine the issues in this claim. ' Altematively. the Defendant shall file with the cour tand serve upon the claimant details draft directions for this case to proceed as a test case. The Claimant may make any representations to the Court in writing provided these are received by the Court and served on the Defendant not less than 5 days before the preliminary hearing. if either party is prepared to abide by the decision of the judge as to the directions to be given. that party is excused from attending the preliminary hearing. LLOYDS DEFENCE 1. . The Defendant Ltoyds TSB Bank plc (the Bank) is a Bank whose registered office is 25 Gresham Street, London, EC2V7HN. It is admitted that theClaimant.has been a customer of the Bank at all material times. 2. By opening an account with the Bank, the customer enters into a commercial arrangement with the Bank for the provision of banking services. The Bank is entitled, as part of that arrangement, to charge for those services. At account opening a customer is provided with details of the Bank's charges, currently in a Leaflet a guide to our banking charges. By using the account, the customer acknowledges that the charges are incorporated into the contract. For personal customers, a number of services are provided for free, notwithstanding that they are an expense to the Bank. Such services presently include, but are not Limited to, providing; . cheques bank statements the facility to make payments by direct debit and standing order debit cards ATMs(cash machines). 3. By.maintaining the account in.credit, or within any Limit agreed with Bank, the customer may avoid most if not all charges. If the customer fails to ensure -. that there are sufficient cleared funds in the account to cover payments, whether by cheque, debit card, standing order or direct debit, the customer makes.a..· request for a payment to be made from the Bank's own funds. If the Bank makes p~yment, or returns· the payment, it provides a service as specified in the LeafLetand makes a charge in accordance with the terms of the contract. On page·1 of the leaflet, the Bank expLainsthat "there are normally no charges for everyday banking at Lloyds TSBwhen your account is in credit. When you use an agreed overdraft, there is no monthly fee and we only charge interest on the amount you are overdrawn each day. Where yol) go overdrawn without an agreement or where. you use .special services, such as copy statementsj we will make a charge.This guide explains how.these charges work, and when they will apply. If you want to use a service that we haven't listed, we'll tell you the cost of that service before you give us the go-ahead". There.is no breach ofreach of contract; the charge cannot therefore be a penalty, consequently there is no requirement that the" charge be a pre-estimate of the Bank's loss. 5. The customer is given advance warning of charges being imposed; statements show the charges, ifany, the customer" has incurred during thecourse of a month, ..and which will appear as debits ..on the following'nonth's statement. Customers are warned by letter when they go."overdravvn.or over. their agreed limit without arrangement with the Bank.lf the custornerf ailsto remedy the position, and payrnents such as standing orders, direct debits are refusedthen againthecustorner iswarned by letter. 6. The..charges are fair and reasonable, and it is denied that they are unlawful. 7. The customer is notified of the charges in plian intelligible language at the conclusion of the contract, and on each monthly statement. The charge are terms which relate to the price payable by the customer for a service provided by the bank, and pursuant to Regulation 6 of the Unfair Terms inConsumer regulation 1999, are not subject to the assessment of fairness. 8. In the premises 8.1 the charges are for banking services, and are not damages nor a penalty; 8.2 the Bank is entitled by contract to impose the charges, which are fair and reasonable; 8.3 it is denied that the charges are unlawful or contravene any statute or regulation. 9. The Claimant's claim is denied in its entirety. It is further denied that the Claimant is entitled to the sum claimed or tq any sum from the Bank. Statement of Truth The Defendant believes that the facts stated in this Defence are true. I am duly Full name: Alan Ingledew - Team Leader for the Defendant. Served day of May2007 by Sechiari Clark & Mitchell of Department SO, P.O. Box499, Upper Ground Floor, 1 - 5· Queens Road Quadrant, Brighton, East Sussex, BN1 3XJ: Telephone 01273205381: Fax 01273745356: Solicitors for the Defendant.

bump. just to be sure i'm doing things accordingly.

hi all, I received a notice that acknowledgement of service has been filed by Lloyds solicitors "sechiari, clark and mitchell" they intend to defend all the claim. please what is the next thing for me to do now? regarding prepartion for the court.

Excellent work,you are a great support and courage for we that don't know much about interpreting the law and judgments. cheers.

cheers roy, can i inform them online or by post?