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kirsty.hiya

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Everything posted by kirsty.hiya

  1. I forgot to mention that the latest letter from Lowell states that they are the legal owners of the debt so Capital One are no longer involved.
  2. Hi All, About 2 weeks ago I received a letter from a debt collector known as Lowell Financial. They are writing to be about an old debt I have with Capital One for an outstanding balance of around £300. I don't know exactly how old this debt is to be honest. Its definately pre-2007 and I most certainly have had no contact with them for a good few years. They have a very old address on file for me and I believe the last time I resided at the address they have stipulated was around 2003/4. This is possibly the last time this debt was acknowledged. The first letter they sent to me was demanding a payment within x amount of time. I ignored it. A week later I receive another letter stating if I do not pay or contact them to arrange payment they be writing to me to advise when an agent will be coming to my door. I still ignored them thinking that I will await this letter about an agent turning up before I do anything. Today I have received a third letter offering me 3 options. 1) pay the full amount due at a reduced amount of £230 2) make 2 payments of £90 something or 3) arrange payments of £50 per month until the debt is cleared. Still no mention of this agent coming to my house though. What do you think I should do? Continue to ignore them? All advise greatly appreciated! Thank you!!!
  3. Well thats definately worth knowing thank you all again very much for your help. I also just noticed a slight loop hole in the terms & conditions specified within the OPC parking restriction board (will post up pics later) which states: "This is a private area in constant use by people who are using the private area with the owner's permission. To discourage unauthorized use of the area a charge will be made to anybody who uses the area without authority" Thus implying that if you have authorisation you can park there regardless?!?! Since myself and my flatmate own a property within the development I would assume I have more than adequate authority to be parking within my own development!!
  4. Hi there, Thanks for the advise much appreciated. So, just to clarify you think its advisable to ignore the debt collectors who (FYI) are called Windsor - Smythe & Partners Debt Recovery. I will scan in the letter from them of course, I can do this on Monday at work and attach for you. I will also try to scan in the letters sent to me from OPC. Thanks again
  5. Hi Guys, I'm after some help I hope someone can advise. I think I came across this website too late Anyway, I live in a new build development and earlier this year OPC were bought in to monitor the parking within the development. We have been allocated 1 space per property and have 2 vehicles within our household. To cut a long story short I was issued with 2 parking tickets while parked in one of our neighbours bays. It wasnt a neighbour who I knew but I knew the parking space was not used and on hindsight perhaps I should of made arrangements with the owner of the space to borrow their permit or something meaning that I would not incur a ticket but at the time I somehow thought I might get away with it. I disputed both tickets upon reciept of a letter from OPC. Unfortunately I have not followed a single one of the guide notes on here and wish dearly that I had google searched this prior to writing any correspondance but what is done is done and going forward I need some kind of solution. I thought by telling porkies to OPC I might be able to blag my way out of it and claimed that displayed on my dashboard was a permit borrowed from my neighbour who made no use of the space. After exchanging a few letters they provided photographs of the windscreen/dash of my vehicle and low and behold no permit displayed (of course). Anyway, I hoped that by ignoring them at this stage they might go away but they have now passed it on to debt collectors who have included ridiculous administration charges etc and the debt is now almost £200. Given that I have pretty much done everything this website advises me NOT to do, I'm not sure I have a leg to stand on anymore but if someone could advise I would appreciate that. Alternatively if you think I'm better off cutting my losses and paying up please do let me know. I just begrudge paying nearly £200 for parking on the development where I live!!! Especially when the neighbour who's bay I was in didnt even make a complaint! They dont even own a vehicle! It's absurd. All advice appreciated!! x
  6. Hi Guys, I'm after some help I hope someone can advise. I think I came across this website too late Anyway, I live in a new build development and earlier this year OPC were bought in to monitor the parking within the development. We have been allocated 1 space per property and have 2 vehicles within our household. To cut a long story short I was issued with 2 parking tickets while parked in one of our neighbours bays. It wasnt a neighbour who I knew but I knew the parking space was not used and on hindsight perhaps I should of made arrangements with the owner of the space to borrow their permit or something meaning that I would not incur a ticket but at the time I somehow thought I might get away with it. I disputed both tickets upon reciept of a letter from OPC. Unfortunately I have not followed a single one of the guide notes on here and wish dearly that I had google searched this prior to writing any correspondance but what is done is done and going forward I need some kind of solution. I thought by telling porkies to OPC I might be able to blag my way out of it and claimed that displayed on my dashboard was a permit borrowed from my neighbour who made no use of the space. After exchanging a few letters they provided photographs of the windscreen/dash of my vehicle and low and behold no permit displayed (of course). Anyway, I hoped that by ignoring them at this stage they might go away but they have now passed it on to debt collectors who have included ridiculous administration charges etc and the debt is now almost £200. Given that I have pretty much done everything this website advises me NOT to do, I'm not sure I have a leg to stand on anymore but if someone could advise I would appreciate that. Alternatively if you think I'm better off cutting my losses and paying up please do let me know. I just begrudge paying nearly £200 for parking on the development where I live!!! Especially when the neighbour who's bay I was in didnt even make a complaint! They dont even own a vehicle! It's absurd. All advise appreciated!! x
  7. Can anyone point me in the direction of a thread that will explain how to complete a AQ? The court have only just decided to send me one - this is AFTER I have submitted to them a court bundle so I just need a basic guide to completing this AQ as the court already have a lot of the other documentation which I have been recommended to send by people on this site. Please help! Its giving me a headache! xxx
  8. Hello everyone, I hope some of you regular posters will remember me. If not here is my previous thread to refresh your brains.... http://www.consumeractiongroup.co.uk/forum/barclays-bank/98248-im-newbie-kirsty-barclays.html?highlight=kirsty.hiya So I submitted all of my court bundle to the court as per my previous thread and after a 5-6 week wait for some kind of reply I finally receive a letter which says the following: "The court file and papers filed by the claimant were referred to district judge vokes who has directed that both parties need to file replies to the allocation questionnaires. The papers filed do not amount to an application" I AM BAFFED!!! SOMEONE PLEASE HELP!! I have no idea what this whole allocation questionnaire thing is all about. I have never set my eyes on such a thing neither have I received such a thing from the court. What do i do? The final sentence? are they trying to tell me that my humongous court bundle which I spent hours and hours putting together is irrelevant and they wont be taking into consideration its contents?? This is all getting too much for me. Im beginning to wonder if I should give up!!! Your advice, as always... is very much appreciated. xx
  9. Hi Guys, Just thought I would touch base with everyone as I dont get on here very often. Court bundle has now been sent. Guess its just a waiting game now, until I hear back from them. Hope you are all well. Will be in touch when I have some news. Thanks everyone! K xx
  10. Hi Guys, Hope everyone had a good weekend! Sorry I couldnt get on here any sooner, work has been manic this week. Hope you're all well. I have finally completed my court bundle so can someone please have a quick flick thru what im sending and let me know that all is okay?! Better to be safe than sorry... Firstly Im sending in the request to get the defence struck out and alongside this i have included all necessary attachments detailed on the relevant thread on this forum. Secondly as per the judges request detailed on page 1 of this thread I have included a statement of evidence which I also sourced on this forum, copy letters which were sent to me from barclays offering me £1000 in full and final settlement and also copies of the automated letters they send out when I go overdrawn etc. I have enclosed the relevant copies of Barclays T&C's from the year which I opened my account. Copies of other relevant documents found on this forum ie a statement from BBC news, info re the early day motion, office of fair trading statement. I also included a detailed particulars of claim including my account number and sort code etc. I also used the excel spreadsheet to do a new schedule of claim for my charges and a copy of that is enclosed along with my copy bank statements. Do you think its good to go? xx
  11. Thank you!! I'm trying to... its not easy though considering I've never done anything like this before and in all honestly am completely ignorant to the court system and the legal jargon that comes with it! haha. Its great that I can rely on the members of this forum to advise though. I would be stumped without you all. haha.
  12. Pleased to meet you all! Im Kirsty. Already posted a thread in the Barclays section as am in the middle of claiming back charges. Just need to send a load of info off to the courts. In depth POC's and all sorts. Must admit its a little over my head but the more I read on this site, the more things start to make sense. Keeping everyone posted though. Thought I would come and introduce myself in here! Hiya!!
  13. Thanks Saint. I cant unzip at work and my laptop at home is broken but I am managing to find bits here and there on this site so hopefully Im putting it all together right. I'm going to sort through everything tonight and then ask you guys if I'm doing/sending the right things tomorrow. If I get it wrong i will be so mad at myself! Cheers!! xx
  14. Thanks! Anything has got to be worth a go right? Think Ive got it all now. Just need those T&C's xx
  15. Guys, Was just reading that strike out thread for when you get sent your AQ and you request that the defendents defence is striken out because its a template etc etc. Can I submit something like this with my in depth POC's? Or should this be used only when filling out an AQ (which I have never been sent just to remind you) what do you think?
  16. I just tried to download the 1998 T&C's from the rapidshare database. It crashed when I tried to print the PDF. Now when I try to go back into it it says I have exceeded maximum downloads. Can anyone please email these to me? [email protected] - please let me know if you have done this as I don't check my email regularly. Thanks
  17. Thank you!! I'm slowly managing to piece it all together and its starting to make more sense now. Is there anywhere that I can get copies of the office of fair trading report april 2006 and house of commons early day motion may 2006 which I have seen referred to?
  18. Sorry to keep bothering everyone but I am at work and its hard to read thru the threads to find information without my boss seeing! With reference to the New Strategy for AQ's and the below points: The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. Exactly what documentation should I send to the court for points C and D? Again.... Thank you all for your help! xx
  19. Whats a POC? Do I need one to send one of those things to strike out their defence or whatever it does? All of this is so confusing!! haha Sorry for the questions but your help is appreciated as always. The court also asked for some information on why I think I have the right to claim these charges (but not in so many words) so what sort of thing can I send them? Is it worth sending to them a copy of the letter from Barclays offering me £1000 in full and final settlement? I know that in these letters Barclays state they are not accepting any liability and its a good will gesture but surely this proves they must have a guilty conscience about something? - or is it not worth including this? x
  20. dar£n - just saw this one another thread: 1. To the extent it is alleged that Claimant incurred bank charges on the Claimants account for unauthorised borrowings (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees), the Defendant puts the claimant to strict proof of each charge and the date thereof. 2. The Particulars of the claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course. xxxxxx This is the same as point 1 and 2 that Barclays put on the defence filed for my case also. (I can remember because I read it so many times trying to make sense of it LOL) So I would assume that the defence filed for my case is the same as the defence filed for the case I was reading about earlier on here. Does that shed any light on anything??
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