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dave466

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Everything posted by dave466

  1. Thought as much dx. Thankyou for your time and replies, much appreciated.
  2. I have received this email from lowells today. We write in reference to the above matter. We are writing to inform you that our Client are still in the process of complying with your s77/78 request under the Consumer Credit Act 1974 which was received by this firm on 6th May, 2021 and you should receive a response from them in due course. We wish to make you aware that non-compliance with such a request only renders the account unenforceable until such time that the request has been complied with. It does not mean that the Claimant is unable to recover the debt indefinitely. - Alternatively, our Client is prepared to consider any reasonable settlement proposals you may wish to put forward in order to resolve this matter amicably and avoid continuation of this litigation. Please contact this office by 2nd July, 2021 should this option be of interest to you.
  3. Sorry mate got stuck at work and had 3min left so I just submitted the last one I sent across.
  4. 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Fasion World (jd williams) in which I cant recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request which I am currently awaiting from the claimant. 3. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974. 4. On receipt of this claim I sent a CPR 31.14 request and a section 78 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date they remain in default of both requests. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. e) Paragraph 1 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served 07 September 2019 by either the claimant or the original creditor . 6. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  5. I believe I have had a letter of claim I honestly can't remember as split from wife and post still going there etc
  6. DEFENCE 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Fashion World (jd williams) in which I cant recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 7request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars. 3. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974. 4. I have sent a CPR 31.14 request and a section 78 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date I am awaiting these documents. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.DEFENCE 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Fasion World (jd williams) in which I cant recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 78 request which I am currently awaiting from the claimant. 3. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974. 4. On receipt of this claim I sent a CPR 31.14 request and a section 78 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date they remain in default of both requests. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. e) Show evidence of the notice of Assignment. 6. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Yes dx you would think I should be by now but unfortunately not much sticks in my head.
  7. Particulars of claim for reference only 1) The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and jd Williams dated on or about Nov 26 2015 and assigned to the claimant on sep 07 2019 notice of the assignment has been given to the defendant. Particulars a/c no Date 12/02/2021 default balance 2426.10 DEFENCE 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Fashion World (jd williams) in which I cant recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars. 3. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974. 4. I have sent a CPR 31.14 request and a section 77 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date I am awaiting these documents. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  8. No I will be posting 1st thing this morning when post office is open Does the defence need adjusting? Thanks in advance
  9. DEFENCE 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted and accepted I have in the past had financial dealings with Fasion World (jd williams) in which I cant recall the precise details of any agreement and have therefore sought clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars. 3. I have not been served with a Default Notice pursuant to sec 87 (1) the consumer credit Act 1974. 4. On receipt of this claim I sent a CPR 31.14 request and a section 77 request for sight of any documents referred to within the Claimants particulars to establish what the claim is for. To date they remain in default of both requests. Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Show how the Defendant has entered into an agreement and; b) Show how the Defendant has reached the amount claimed for and; c) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure 16.5 it is expected that the Claimants prove the allegation that the money is owed. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  10. I have also previously about a month or so back sent a complaint to jd Williams with regards to irresponsible lending due to gambling and also already having bad credit file before being given the catalogue
  11. Name of the Claimant ? Debt managers services Date of issue –25/03/21 Particulars of Claim 1) The claimant claims payment of the overdue balance due from the Defendant under a contract between the defendant and jd Williams dated on or about Nov 26 2015 and assigned to the claimant on sep 07 2019 notice of the assignment has been given to the defendant. Particulars a/c no Date 12/02/2021 default balance 2426.10 What is the total value of the claim? £2611.10 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not 100% sure, possibly though Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred YES Did you inform the claimant of your change of address? NO Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account CATALOGUE When did you enter into the original agreement before or after April 2007 ? After 2007 Do you recall how you entered into the agreement...On line /In branch/By post ONLINE Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? YES 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. Debt collector Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure Why did you cease payments? Financial difficulties What was the date of your last payment? Oct 2019 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? Yes and paid £50 a month for a few months then couldn't afford it again I have done aos un time but unfortunately been working away and now believe I have missed the deadline for the defence.
  12. Thanks dx I will. Just a quick one though what about the morses which is currently with lowell and proceeding from Mediation to court? And also there is a few that are defaulted that will drop off file next year, should I leave these to save opening old wounds as to say or go ahead and raise complaint? Thanks for your advice.
  13. ALL PAID IN FULL AND CLOSED MORSES opening/bal £870 Start 12/12/17 End 02/07/18 opening/bal £195 Start 14/11/17 End 30/11/17 opening/bal £330 Start 02/06/16 End14/11/17 opening/bal £310 Start 04/12/15 End 29/06/17 opening/bal £125 Start 08/10/15 End11/03/16 PROVIDENT opening/bal £580 Start 31/12/15 End 14/06/16 opening/bal £239 Start 01/10/15 End 05/01/16 GREENLIGHT CREDIT T/A VAROOMA opening/bal £2975 Start 28/12/18 End 25/03/20 opening/bal £3500 Start 21/03/18 End 28/12/18 CURRENTLY OUTSTANDING SAFETYNET opening/bal £0 closing/bal £449 04/06/18- 01/12/20 default 31/05/19 CAPITAL ONE opening/bal £195 closing/bal £599 13/07/15 Default 13/03/16 EVERDAY LOANS opening/bal £1200 closing/bal £1491 08/08/18 Default 30/12/19 PROVIDENT opening/bal £470 closing/bal £170 29/07/15 Default 05/02/16 PROVIDENT opening/bal £930 closing/bal £430 07/06/16 Status delinquent DEBT MANAGERS (ex fasionworld catalogue) opening/bal £2426 closing/bal £2426 26/11/15 Default 19/02/20 That's all from my files. As you can see I've had a fair few loans from all over. I had a gambling problem at the time with most of them especially the varooma ones as I remember I had all the betting transactions on my statement at the time and the bloke said don't worry I have professional gamblers that we lend to all the time Also my credit rating has never been that good since I was 18, was constantly getting loans credits cards etc and always struggling. Recently I've sorted myself out, self excluded from bookies and also excluded myself from online gambling via gamstop. My divorce is nearly complete and time to try and finally get my finances back on track. Regards.
  14. Ok mate I'm just going through credit report now and writing them all down including closed accounts. Reagrds
  15. Apolagies for delay been on with Mediation for lowell old morses loan. So dx which ones would I go down the irresponsible Lending with? x2 provident x1 morses (now with lowell) x1 safety net Would it be just these? Regards.
  16. Will do Andy. Just reread email and this is what it says We refer to the above matter. Please find enclosed for your record a copy of the agreement, statement and screenshot of the Assignors system showing the default notice was sent to you. We look forward to hearing from you. Yours Sincerely,
  17. Exactly mate that's what I told mediator and he went back to lowell and they said that because the t and cs stated it would default automatically on missed payments etc. I told him I needed the propper default notice before I could think about Mediation so he said he would have to send it to the courts.
  18. This is what they have sent. It's just a screenshot of their computer with a file saying letter sent, not an actual default notice. U told the mediator that it was not an acceptable default notice what they have sent. He said that lowel have stated that as per terms and conditions the default is automatic as its a fixed term agreement and its in the t and cs. They also stated that they have won many cases along these lines. The mediator then said that he will pass the case to the courts. default note.pdf
  19. So I am expecting the call today between 8.30 and 12.30 from Mediation. I am still yet to receive a copy of the default notice. Regards. Lowell have said they have sent me a screenshot of the default notice which I said I havnt received. The mediator has said he's going to get them to email me a copy?? And he will call back in 5min. What do I do now? Thanks
  20. I have just reveieved this text messages tonight. Small Claims Mediation Service: Telephone Mediation 2021-02-03 from 09:30 - 12:30. If you can't answer YES to all statements, mediation is NOT suitable for your case and you must contact us to cancel Regards
  21. Yes never really had a good credit rating. I understand they will never drop off til after 6 years but of I pay them would this mot be beneficial or not? Thanks
  22. Good afternoon all. Long story short I split from my wife last april and along with it came a little bit of debt. I have managed to save about £3000 and I want to start repairing/rebuild my credit file. What is the best advice going forward for me to help my file etc and for things to start inproving. I understand that the 2 provident and capital one will be removed from my file next year so I'm guessing I would need to focus on the others to start repairing my file? The following is what I have listed on my file via 3 agencies (credit karma, clearscore and Equifax) Provident £170 default 5th feb 2016 opening balance £470 Provident £430 default aug 2016 (status delinquent) opening balance £930 Capital one £599 default 13th mar 2016 opening balance £195 (rest is charges etc) Safety net £449 default 31st may 2019 Everyday loans £1491 default 30th december 2019 opening balance £1200 Debt managers (ex fasionworld catalogue) default 19th feb 2020 Lowell £900 default nov 2019 opening balance £715 - currently mcol and at the questionnaire stage see post below. Regards, Dave
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