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Everything posted by Elenathion

  1. Sorry I got mixed up then between C and D. Yes, it's Lowell.
  2. Thank you Andy. Name of the Claimant - Lowell. Date of issue – 16 Mar 2016 What is the claim for – 1.The claim is for the sum of £1463 due by the Defendant under a non-regulated JD Williams account with account reference xxxx. The D failed to maintain contractual payments required under the terms of the account agreement. The debt was legally assigned to the claimant on 06/Mar/2015, notice of which has been given to the D. 2.The claim includes statutory interest under s69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the assignment to the date of issue of these proceedings in the sum of £117. The claimant claims the sum of £1580. What is the value of the claim? £1765. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Catalogue account. When did you enter into the original agreement before or after 2007? 12/10/2011. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell. Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember. Did you receive a Default Notice from the original creditor? I assume so, but again can't remember. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I'm not sure. Why did you cease payments? The debt grew too large for me to be able to pay. What was the date of your last payment? According to noddle, the default was 05/03/2014 so sometime before then. Was there a dispute with the original creditor that remains unresolved? No. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.
  3. Hi, I've received a claim form from Lowell / Cohen Cramer Sols for an old catalogue debt. I want to file a defence with this point which I found on the CAB website: "Agreement legally unfair - the lender didn't check that you would be able to keep to the conditions of the agreement. For example, they may not have checked that you could afford the loan repayments". The reason that I want to argue this is because it started off as a small manageable debt but every time I made a minimum payment they increased the credit limit. The whole time I was unemployed and the debt became unmanageable. I have mental health problems, one of the ways in which it affects me is a lack of foresight and finding it hard to plan stuff. Because of this, whenever they increased the limit, I spent more, thinking that I would be able to pay it but quickly couldn't. When this happened, I just buried my head and tried to ignore it. Does anyone have any experience of arguing this unfairness point or is anyone able to point me in the right direction for it? Thank you.
  4. Thanks for moving this. It's not debt related though so is it okay to have it here?
  5. Hi all, I currently have a pending small claims case where I am the claimant. It is to do with the death of a puppy. I am hoping someone can help me with a couple of questions. The directions from the judge specified a date for documents and also statements. I complied with these dates but the defendants delivered theirs to me today, approx 2 weeks after the date. They also used my statement and documents to prepare their case and their statement is basically a critique of my case. I am wondering whether they would have been provided with the same directions as me in regards to dates and also if there is anything I can do about this as it seems that they have an unfair advantage now as they have a written response to my case. Secondly, they have stated that dog sales from breeders are not covered by the sale of goods act whereas I thought they were. Can anyone clarify this for me? Thanks a lot.
  6. I think my 28 days is almost up. I put in the temporary embarrassed defence that I found on here and put that I wish to amend at a later date but I'm not sure how to amend a defence. It's Bryan Carter by the way.
  7. Well, it's like watching a trashy chat show - you know the people are ridiculous but still can't help watching to see what they'll do next.
  8. I will surely do, thanks for the advice. In case it isn't statute barred though, does the agreement look enforcable? I haven't been provided with a default notice either.
  9. Also I've just been looking at your reasoning again and why should they remove the default? You haven't denied the debt so it is yours. Just because they can't provide an agreement doesn't mean that the debt has vanished, it just means that it is unenforcable, any default applied before you asked for the CCA is still valid.
  10. No for sending items that could be construed as threatening. It's only a small step from receiving a breeze block in the mail to envisaging it being flung through a window. You're on very dodgy ground and really need to find something else to do with your life.
  11. They've filed a claim with Northampton County Court. I've entered a defence as found on here and am now waiting for their response to it. If I can change my defence, should I put in there that it is statute barred?
  12. I sent a CCA request and the CPR letters from this site and they responded with a bundle of statements, with the last payment showing as March 2004.
  13. Could anyone please have a look at this and tell me if it looks like a valid agreement please. I apologise about the quality, I don't have a scanner so it was taken with a phone. I suspect that the alleged debt is statute barred anyway but would like to cover all my bases. Thank you =O)
  14. I didn't get a reminder email before the trial ended but I didn't expect to. When I signed up, I added the end date to my calendar so I would know to cancel before that date.
  15. I signed up for the Amazon Prime trial as well and it is very clear that you will be upgraded at the end of the trial.
  16. Hehe this is racing by isn't it. Bookworm, this started in post 28 when you said that he can change his mind and get a refund without giving a reason. I didn't think that was accurate advice to be giving. Going over and over this isn't helping though so let's leave it there. As for thecookiemonster, am I right in thinking that it's you that sets the postage on the item and not the buyer. Edit - Middenmess beat me to that point hehe.
  17. If you had put £1 for delivery but it cost you £10, that would be your fault for not stipulating enough and you would have to make up the difference. You need to pay for a decent postage service for this.
  18. Totally agree. You have to send it though as if they file a claim you need to be able to provide proof that you did, in fact send it.
  19. Interpretation 3. - (1) In these Regulations - "supplier" means any person who, in contracts to which these Regulations apply, is acting in his commercial or professional capacity This doesn't apply to a private seller, whether or not it is through an auction.
  20. If I was the buyer I'd be filing a claim with ebay on monday for non delivery. Until then, the seller doesn't have any right to request a refund. I'm not agreeing with thecookiemonster at all, I just don't think that telling them that they have to provide a refund is correct. They have to provide the item.
  21. Ebay allows a buyer to open a dispute 10 days after the sale so if they paid on the 3rd, they can open a dispute on monday the 13th for non delivery. If that happens, its possibly out of your hands and you may have to provide a refund.
  22. Lol no, but if the auction closed a week ago it's a different situation than if it closed a month ago.
  23. I'm well aware of the DSR but if you're saying that the ebay T&C regarding this is wrong can you provide any links to that effect?
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