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The_Grumlin

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  1. I haven't got access to those at the moment but will ask her, I do have the text of the court mediation settlement agreement (removed any data that might identify) MEDIATION SETTLEMENT AGREEMENT Name of court County Court Money Claims Centre Claim No. Name of Claimant The Lowell Group Enterprise Name of Defendant On the xx September 2013 the parties agreed that: Terms:- 1. The defendant will pay the claimant the sum of £350.00 in full and final settlement of this case the payment to be made by instalments of £50.00 each month beginning on the xx October 2013 and ending on the xx April 2014. 2. In the event of default by the defendant, to pay the sum agreed on the xx September 2013 the claimant shall be at liberty, at the Claimant’s option to: (a) apply to the court for summary judgment for the unpaid balance of the settlement sum; or (b) apply to the court to restore the claim. 3. The agreement is in full and final settlement of this claim. 4. The court will adjourn the case generally with permission to restore, and the claim will be struck out without further order of the court if not restored by the xx July 2014. 5. The parties will keep the information contained in this agreement confidential and not use it for any collateral or ulterior purposes. Other than a final written agreement, any information – whether written in a document prepared for mediation or written or spoken during the mediation – can only be used for the purpose of mediation and cannot be referred to in any court action unless the parties agree. The parties agree that they will not call the mediator to give evidence in any court action. Claimant: Acceptance email attached, or otherwise signature below. Signed: Defendant: Acceptance email attached, or otherwise signature below. Signed: Date Date:
  2. You will notice from the letters they say Three obtain a CCJ, but it was Lowell who issued the original claim that was paid off! attachment .pdf
  3. First thing we did was check her credit file - NOTHING, did a check on Trust Online again -NOTHING as I thought. They issued the claim form and it was addressed to my house - she defended and settled. She already had correspondence at her previous and current address to/from Lowell at the time so they had correct details, they obviously tried to get default judgment as this was a previous address (and is associated by being on the mortgage). I know they are chancing their arm as they are asking for the original amount, not the amount they claimed on the form i.e. plus fees/costs etc.
  4. This is not for me but for my ex partner In 2013 she got a claim form for on old Three debt (sent to my address she she had not lived for 12 plus years) I helped her with the claim form and to cut the story short she went into mediation and agreed a settlement. Which she paid by DD to the account as specified by Lowell/Howard Cohen. So all paid up and completed, no CCJ, no action, no more letters. Now jump forward to 2017, letters start coming through my letter box from Lowell for her, which I pass on. They claim the debt is still owed, they have CCJ and now if she doesn't pay up (again) they will enforce the CCJ they think they have. Any advice I can pass on. There have been a number of letters now and I am thinking that she goes for harassment?
  5. So they haven't supplied a DN? I see they claim they don't need one? Are they claiming the whole balance or just the arrears?
  6. Plus you have left your address in that para.
  7. First problem page 2, para 1.3 very pee poor for solicitors. It should be law of property 1925 section 196 for notices of assignment. Nothing to do with CCA1974. Muppets.
  8. http://www.consumeractiongroup.co.uk/forum/legal-issues/213936-ge-money-me.html Read the letters attached in the first post, you will note GE do not say sold. They say transferred to their debt recovery agency.
  9. Sounds very par the course for Link. I would be careful when you come before the Judge as the first one I had was very much in the "you owe it you pay it" camp, luckly his attitude changed when it became apparent that Link had NOT supplied any documents or a witness statement before the hearing. I found there is a mixture of Judges, I was lucky to have in the hearings after two other Judges who were up to speed on consumer law. I'll try and track down the link to the thread with letter from GE to this particular CAG member, it was very interesting reading. In regards to my own case I ended up this four NoA all different and most were defective. I did get the Deed, I say I got the deed but it obviously a fabrication - luckly for Link we never got that far as the DN was defective. I think the loss of statements is one of your strongest points, I would if it is in the statements check the interest charged from default notice to alleged sale as I have found on a few threads and my own an over charge of interest. Also when (if) you get the DN check the account number and compare against your GE one.
  10. What documents have been supplied and what is missing? Link are likely to turn up (an agency sol). They may want to talk to you before the meeting/hearing cos they haven't a clue about the case. You need to have your speach worked out for the Judge the reason why is essential that you get all the documentation. For example the conflicting information on the ownership of the alleged debt, so a need to ensure Link have full legal title to the debt by way of contract/deed would be essential. I have seen other threads where GE have called Link their "collection agents". You will need to ask the usher to ask the Judge to allow an other person to be in the court ( if allowed they must be quiet). I have been down this route, in my case I was granted an order and dependant on the supply of documents was allowed to submit a full particularised defense. They were allowed 28 days, they took and were allowed 42 odd. In the end I got all the documents and then WON in court based on recreated (or fabricated) DN.
  11. Right from my reading you have removed the offending software as per the the take down request and have taken measure to prevent it happening again. As it stands as a provider you have done your best to ensure that material has been removed as per the take down request. It would not be in your interest to sign an undertaking that you can not enforce i.e. where members upload material anonymously where that material break your terms and conditions. You would only know after the event occurs. I think your first letter should not have been sent "WITHOUT PREJUDICE" as it could have been used by you later to show you had complied with the copyright owners request in this ever reach a court room. To be honest I can see this going too far as the copyright owner must show "YOU" made the material available and by doing so they damages equate to a value of the number of downloads. No downloads no damages.
  12. Did you at the time of the infringment have posted terms and conditions of use for your members i.e. no copyrighted material to be upload?
  13. Magda Got your PM, but I though I would answer here. The best scenario would have been if they had supplied a duff DN, however in your case I was think exactly along the line of 42man as this would be the simplest course of action to you and lower risk than trial (Link could produce another one of their special reproduction DN's). Link have had enough time to supply the DN and their actions are not in the spirt of CPR is my own though when starting the action they should have had any document they were going to use to hand or confirmed that they existed. They have had ample time to produce even if was a screen dump from the GE/FN database a transaction report and some proof of printing of a DN. So nothing has been put forward go for the strike out. And this is confirmed by their own statements of the account as GE/FN change £25/20 for a DN and the same for the termination notice. Have you had any confimation that the account has been terminated (sale of your debt letter should be enough I would have though - your account has been terminated and the whole balance is due?), I had various letter from our friends at Link saying that they were trying to get the termination notice from GE/FN guess what the same as your DN never saw it. In regards to your point on claiming the whole balance , I think you will find that the agreement is not fixed as it may say around 120 monthly payments so (10 years is standard for these agreements) I would put forward the propersition that the account could run until all payments had been made? So if Link had terminated then the date of termination would hold and they would not enjoy the benefit of the balance only the arrears they claim on the DN and if no DN was produced and they accept that the account is terminated then nothing is due to them as they had terminated without the DN?
  14. First thing, you have to file your hold defense (get one off here now and amend as required). Do it now. If you need help there are many on here to take your pick from. Secondly, if Link have asked for some proof they can take a running jump. They have issued court action against you, they know very well who you are as you have responded to that action. Thirdly there is no hold as it is subject to court procedings, they are looking to get a default judgement by you doing nothing. Do not take any thing that they tell you to be true or correct. Act now before it is too late and you have a default judgement landing through your letterbox otherwise.
  15. Unfortuantely this how DCA's work and in particular LINK. Never ever trust anything they say in regards to delivery of documents for court cases. You might be able to get this set a side, also check the statements from Link and look closely at the charges that have been applied to the account. You may be able to reduce the balance by recliaming as such unlawful charges.
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