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Posts posted by Elenathion

  1. 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.

  2. 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.

  3. 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.

  4. In reply to Elenathion, (damnit, I wish you lot would stop typing that fast, lol):


    Yes, I know. And? I didn't think this had been brought up as an issue? :-?



    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.

  5. The buyer paid £10 for delivery therefore i booked a courier that would cost me that amount, If he had paid £20 for delivery i would have sent it via Royal Mail Special Delivery.


    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.

  6. cookie-you were trying to save money by using a reseller and as you have now found they are not as reliable as the 'real' courier.


    In your best interests it will pay you to send the laptop by Royal Mail Special delivery on Monday for guaranteed delivery by 1pm Tuesday.


    It's now odds on that the buyer will refuse to sign for it and it will be returned to you meaning that you will still have to refund but will also be out of pocket for the postage as well.


    You cannot come out on top in this matter.


    The more effort you put in to trying to send it to the buyer,the more you will lose.


    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.

  7. Elana--ebay interpret the law in the same way as DCA's do.


    As Bookie says their T & C's are suspect to say the least.


    If you were the buyer in this situation what would you have done?


    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.

  8. Yes, I KNOW what ebay say. And what e-bay say is NOT what the law says. E-bay for instance also says that in the case of faulty goods, buyer should shoulder the cost of P&P which is a blatant breach of the DSR.


    If you start believing ebay are true upholders of the law, you are in big trouble. ebay's t&cs are fuller of holes than Swiss cheese. :rolleyes:


    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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