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About Rich44

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  1. Yeah i'm trying to find something similar now but the Lowell and utility debt thing is a bit rare as I understand it? I'll have a good look round tho, thanks
  2. Not using prove it letter was simply saying that's what i've done previously and they haven't replied at all Went to edit previous post to format it etc and left it too late so apologies that my answers aren't clearer
  3. Right i've now done all of that just got to take letter to the PO but it's otherwise all done as suggested. What's next please? Thanks ever so much you've been great
  4. Ok just waiting for the Gov Gateway email now
  5. Name of the Claimant ? Date of issue –13th March 2019 (only received recently had follow up letter acknowledging mistake their end and deadline is now 11th April 4pm) Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 11th April 2019 16:00 ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Particulars of Claim What is the claim for – the reason they have issued the claim? 1) The defendant entered into a supply and service agreement with EDF under ref:xxxxxx 2) The agreement later ended but a liability remained outstanding for payment 3) The agreement was latere assigned to the claimant on 27/11/2017 4) Despite repeated requests for payement the sum of £300 remains due and outstanding And the claimant claims a) The said sum of £300 b) Interest pursuant to s69 County courts Act 1984 at the rate of 8% per annum from date of assignment to date of issue accruing at a daily rate of £0.069, but limited to one year being £25.08 c) Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? A letter dated 18th March titled Notice of claim issue and debt collection letters nothing else Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No same address for past decade What is the total value of the claim? £420 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No When did you enter into the original agreement before or after April 2007 ? After Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No 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? Can't remember seeing one but was in 2017 according to them so might not remember seeing it Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Left company never got a final bill despite providing final readings What was the date of your last payment? Well before 2017 possibly 2015 Was there a dispute with the original creditor that remains unresolved? Only proof of debt no bill and no way of knowing if debt was from meter readings or if they estimated it Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No The date for claim is 13th March but I also then received a letter dated 26th March saying there was a technical problem so the claim wasnt posted on time so you have until 11th April 4pm to respond. I have sent a copy of the prove it letter to Lowell again saying look I sent you this twice in 2018 and you never replied and now you want to go to court, if you provide the proof and it's correct and valid and withdraw the court case I will negotiate to pay it if you don't part of my response to the case will include the fact you have not provided proof of the debt. As said before "happy" to pay it if we owe it but they never get back to you and just send out their template debt collectors letters until now. What do I do next, obviously I need to write a response to the court, suggestions? Sorry for delay in posting again i'm sole carer for my disabled husband so things can get a bit awkward sometimes, thanks for the replies much appreciated
  6. I haven't been an EDF customer since 2014 so guess it would be about then they're chasing from. I never got a final bill from EDF at the time so chalked it up to being OK then didn't hear anything until Lowell got involved a few years ago they've batted about for awhile since then sending letters threatening Last year sometime I wrote back with the prove it letter & they never replied to it just sent more threat letters until court papers arrived today I'll fill all info in Bankfodder requested later when I can get it in front of me quietly. They sent one of their usual you owe us this pay this now & it'll go away but as they never addressed my letter I ignored it, didn't say anything about court as I recall just a standard bully letter. No pre action protocol nor letter at all. Is it worth contacting them again? Am happy to pay what I owe just wanted proof they weren't fishing & amount was correct ie its not built on estimated readings etc
  7. Hi for a few months now Lowell have been sending the threat type letters to which I replied with the prove it letter to them (twice) which got no reply, haven't heard anything for a few months until today court papers arrive. Whats the best way to deal with this it's for energy from EDF from 2014 they now want about £400 but I couldn't see how we owed so much which was why I sent the prove it letters to them as happy to make arrangements to pay it if the amounts were correct etc. What do I do now? Thank you
  8. Rich44

    Rich v Abbey

    This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  9. Thanks, it was last week I sent it off. I suppose I might get lucky and one of the other scrappies I have contacted might take it without the full V5C
  10. Thank you dx100uk So that's all I have to do in relation to the notice? I told them immediately that the vehicle is not abandoned it's parked awaiting the V5 so it can be scrapped and i've emailed the landowner to tell them the same. Hopefully the DVLA will respond quickly to the V62 and can get this gone. Thank you
  11. If I had a drive it'd be on it we don't even have a road let alone a driveway. Did I mention it broke down, can't remember if I did now or not but either way I can't move it myself. I will scrap it but the local company wants a V5 (not unreasonably) to collect it and it hasn't turned up yet. I've now done a V62 to request one but obviously this takes time hence the question. The note was banging on about it being abandoned that's all it is talking about nothing else and as I have told them it is not abandoned this notice says nothing about SORN nor tax etc it just literally says it's abandoned and for which I was asking advice especially as it's undated too. I have since had an email from someone with no job title just a name saying contact the landowner despite the fact it wasn't the landowner that put the notice on the car
  12. Ok I'll try to keep this short Bought a car, broke down still awaiting the V5 and fully intend to scrap the car but will also remove some parts from it before it goes. In the meantime the car is whole and in tact and looks in roadworthy condition with MOT. The car is parked on social housing landlord car park and is SORN'd, untaxed but does have current MOT. Have had issues with neighbours and ASB for which I involved the police. They have moaned at the landlord saying the car is "abandoned" to get at me. The council came out and put a notice on the car last week: Polite Notice Refuse Disposal Amenity Act 1978 (as amended by clean neighbourhoods and environment act 2005) Road Traffic the removal and disposal of vehicles and regulations 1984 Reg********* Make xxxxxx Model xxxxxxxxxxx Colour xxxxxxxxx Location xxxxxxxxxx Vehicle reported as abandoned, if you have information relating to this vehicle or are the owner/keeper please contact the environmental protection team at xxxx if no information is received by x July the vehicle may be removed and destroyed ------------------------------- That is complete there's no date or other details on the notice. I emailed them immediately telling them the car isn't abandoned at all and up until today I hadn't heard anything from them. I have emailed them chasing up a reply and just got a curt email from someone with no job title saying contact the landowner yet it wasn't the landowner that put the notice on the car that was the council. I have no intention of leaving the car there any length of time, i've submitted a V62 to the DVLA to get the V5 as I haven't had one for the car yet and once I have it i'll get a scrappy to collect it. Unfortunately I hadn't acted as quickly as I could've done due to disabilities and ill health. So what's the legalities with removing the car in this way how much time do I have? The car is MOT'd until September but is SORN at present and quite happy to get the car gone as soon as I have the paperwork to do so.
  13. Oh for goodness sake because: The car park is too far to walk It's up hill as I said I am disabled If you think that there is adequate parking well that's wrong for a start but leaving that aside even if there was 100 parking spaces if none are usable for a disabled person how is that not a breach of Equality? By your logic there's no need for disabled parking spaces in a multi-storey car park because there are "plenty of spaces" that kind of logic is bonkers! The equality act is about unsurprisingly equality. An able bodied person is able to walk that extra distance safely, reliably and repeatedly. No one else here is disabled and if someone else parks in it visiting who is disabled that would be temporary at worst and as you point out i'd just be back to where I am now so there'd be no additional harm done and in the mean time i'd at least have some peace of mind that the space is only likely to be parked in by others who need it. As I said it's very rural the only people that park here are residents and none are disabled so no one with a blue badge is likely to be parking here. Honestly I fail to see why you feel the need to be so aggressive and hostile to a simple question. It's a stupid question if you can't see what the equality act has to do with it then I suggest you stop replying to this thread and leave it for someone who's trying to help instead of being unhelpful and dismissive and negative. Honestly I remember why I left this site the last time now. I am sorry I feel I need a disabled parking space so I can park at my home i'm sorry you fail to understand how me asking to park that little bit closer to my home than other able bodied people and being ignored is discrimination under the Equality act. Don't bother replying i'm done with it i'll ask for help elsewhere
  14. I understand anyone could use it and honestly I don't have a problem with anyone disabled using it that's what it's for after all and it's a very rural location with no benefit to anyone else parking here so I think most residents would behave if it was painted up. There is LOADS of room for one (or more)! Surely under the Equality act surely doing nothing is unacceptable? I haven't written to them again recently I was giving them time to do what they promised and unfortunately my very limited energy has had to go elsewhere like supporting my mother when my dad died recently and my hospital appointments and just generally being really ill and on top of that we've not had any heating since February so had all that to deal with.
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