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sleepingdog last won the day on September 11 2010

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  1. Unable to file proper defence due to lack of information. Filed embarrassed defence. Sent CCA to E E. - nothing ever received back. Sent cpr request to solicitors, Northampton bulk centre sent case to my local court where a judge sent the solicitors a deadline for providing information. Solicitors sent out some information typed up on the last day of deadline and received by myself and probably court 5 days after deadline, judge allowed a court date to be set. Question is how important is POC on claims form, it states a mobile phone agreement regulated by 1974 consumer credit act yet they now are stating that there is no statutory requirement to produce signed copy of agreement and in mobile phone cases it is the norm not to have one. All they seem to be sending is terms and conditions . Just looking through paperwork and they say it is a unregulated telecommunications agreement but why on the court papers are they saying it is regulated by consumer credit act 1974. Is there any chance I could get it thrown out on those grounds
  2. Update:- cpr 31.14 sent to solicitors and CCA request sent to claimant as advised by dx100uk. Claim withdraw by claimant. Thanks to everyone who helped
  3. Thanks dx, so the CCA goes to the claimants lowells and not to the original creditor EE telecoms ?. I did not realise that, so will send tomorrow. Sleepingdog
  4. Name of the Claimant ? Lowell Portfolio Date of issue . 1 February 2017 have already acknowledged claim. DAte to file defence = by 4pm Friday 3th March What is the claim for 1. the sum of £500 being monies due from the defendant to the claimant under a mobile telecoms agreement regulated by the consumer credit act 1974 between the defendant and EE ltd under account reference xxxxxx and assigned to the claimant on xx/xx/2015, notice of which has been given to the defendant. 2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annun from the date of assignment of the agreement to xx/xx/xx ( 1 year after assignment) What is the value of the claim? = £670 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile phone account When did you enter into the original agreement before or after 2007? After 2007 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? Not sure Did you receive a Default Notice from the original creditor? Not sure as moved house in 2014 and mail not sent to me but sent back to sender with my new address.
  5. Another of my daughters court cases. This time for a ee mobile telecoms debt. I will post up the poc later but in the meantime I have never had any involvement with a telecoms debt can you send a cpr31:14 or is there another way of obtaining information from the solicitors and the original debt holder ( EE ). Sleepingdog
  6. Thanks for all the information dx100uk, will help daughter do everything today and will post up on separate thread 2nd claim this time from Lowell. I will also get her to start process to CCA her other creditors. Sleepingdog
  7. Name of claimant = Cabot Financial Ltd. Date of claims issue = 31st Jan 2017. Reason for claim = 1.By an agreement between Express gifts RE Studio & the defendant dated Sept 2013 ( the agreement) Express Gifts RE Studio agreed to issue the defendant with a credit account. The defendant failed to make the minimum payments due & the agreement was terminated. 2.The agreement was assigned to the claimant. 3.The claimant therefore claims 350.00 Value of claim = £ 435. The claim is for catalogue account Agreement entered in 2013. Account assigned and debt purchaser issued claim. Not sure if I received notice of assignment. I did not receive default notice , Date of last payment around May 2014. No dispute with original creditor. I did not communicate my financial problems to the original creditor due to above issues and having no money left over after paying bills, ( nothing has changed still on benefits and have no money left over after bills). I moved house in May 2014 and the new occupier states that she returned any mail for me back to sender with my new address. I am not aware of receiving any statutory notices headed Notice of default sums . I ceased payments due to breakdown of relationship ( ex partner hooked on drugs), and I had to find accommodation for myself and young child whilst dealing with benefits office, council, court for ex threatening me as well as custody of my child on top of that I was dealing with and still am depression and other mental illnesses
  8. Daughter not had a happy new year, 3 debt collection companies sent her letters giving her notice of their intentions of going to court. First to issue claim was Cabot for a figure of around £500 including court fee and legal costs for a debt from express gifts RE studio. She remembers owing studio an amount of money from around 2014 when she was splitting up from former partner and also looking after a small child. she buried her head in the sand and left around 7 debts some for £150 up to £1000. Now she is still unemployed as she was when the debts taken out and has 2 small children ,and the debts all with massive increases are all going to court. Any advice on how to proceed with the Cabot debt would be helpful. Is there anyway to find out how the debt is made up to see if she could challenge any of it. I guess that she needs to respond to the court papers asking for additional 14 days. The date on the court papers is 31 st January. , so if I am right 3 days for delivery and 14 & 14 additional days would mean she would need to enter defence or admit debt before 3 March. Regards sleepingdog.
  9. As promised a cheerful update. After a 1 hour call to the bank and after going through many departments they understood what I was saying and the fact that I would take it back to court for a judge to give his opinion on the matter they started a official complaint. Next thing I knew their solicitors wrote to me with a full statement showing the original amount they claimed , all my payments towards the CCJ and then a reduction this week of the difference between the amount they claimed and the actual amount on the CCJ bringing the total amount now owed to the figure I agree with. It's taken 8 years but finally I can rest . And yes I was joking you never know what their next move is , possibly a claim for the difference, like I care been through too many court cases in the past to worry lol. Thanks to everyone who has helped me in this matter. Sleepingdog
  10. Hi Baz , my bank accounts with nat west were terminated by them before court action so I can not see them adding interest. Hi tedney, I have read some of your post and can not believe your issues are still going on. Having gone over the paperwork that I have it seems their solicitors had the correct figure for the CCJ when issuing new proceedings to try for change of judgement to forthwith but had the balance owing incorrect . I have also noticed that within the letters they have sent me the balance owing increases / decreases by many hundreds of pounds within days. More evidence to show the judge if I am forced to take this back to court. Sleepingdog
  11. Hi Baz1994 , I do not think that interest is being added as it would have far exceeded payments and the balance has gone down by the amounts I have paid, also when I recently spoke to nat west collections they told me that they stopped interest at the time of the court papers being issued. i will be interested on what their reply is to my recent letter regarding this matter which has been addressed to nat west as they are the claimants. Sleepingdog
  12. Thanks again got all of your replies, they have never given me a statement in the 8 years they have been collecting, I shall now write a formal complaint letter and ask for a full statement. The funny thing is that their attempt to get the judgement changed to forthwith gives me plenty of evidence that at that time they fully knew the correct original judgement amount and are trying it on. Sleepingdog
  13. Can they apply to amend this at any time, the original CCJ is around 8 years old ,or is there a time limit. Sleepingdog
  14. The subject of the unfair charges was never concluded as the unfair charges case was ongoing at the time. I was not sure that as the unfair charges case in London resulted in the fact that banks were able to add the charges as they were deemed fair then would that amount just have been added on by the court at a later date. Sleepingdog
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