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shellbells1982

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About shellbells1982

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  1. Have since received a letter from the County Court Business Centre (23/03/20) of a Notice of Transfer of Proceedings - waiting for a court date as the Hearing Centre was not able to arrange mediation at this time. Turns out that they did in fact email me - though this was sitting in my Junk Mail folder amongst over 200 spam emails so I missed it
  2. Thanks Andy Is this to be done now via post - the N180? As I've logged on to MCOL and there doesn't look like anything for to action on there
  3. Received the MCOL defence letter response before Christmas Last week received a further response from Lowell Solicitors - stating; Our client is satisfied that they have a valid claim against me. Entitled to add interest to the claim amount. Enclosed the following documentation in regards to the account: - statement of account - credit agreement - Lowell account statement Letter ends on a note of a settlement offer to avoid proceeding to hearing. Provides a Tomlim Order, should I fail to agree they may produce the letter at any hearing as evidence. ANOTHER letter received yesterday - we write further to the Notice of Proposed Allocation They’ve enclosed a copy of the client’s Directors Questionnaire (Small Claims Track) Reading this, what’s the next stage please? And is there anything I need to do/ prep for? Thanks v.much
  4. *Resolved* Re-wrote Cabot, generic response but no resolve so had to take my complaint to the ICO Due to how busy they were they gave me a timescale of September for just someone to be assigned my case. Eventually had to log a complaint with them about them! As the timescale went on way to long and I could never get hold of my assigned case officer. Was eventually passed to a senior who took it on and called me to apologise and advised that Cabot will be written to for an explanation. About 2wks ago got an email from the ICO to say that Cabot made an error and will be putting the data errors right. Returned from holiday to find a letter from Cabot with a £100 comp cheque, corrected the default date, closed the NW CC account, deleted the default entry. The NatWest entry had fallen off my credit file months ago, so now the Cabot one is finally gone too! Thanks dx for the advice followed
  5. *Resolved* Wrote to Lowell initially a few months ago requesting that the balance on the default show £0 along with the 'proof of payment' to the previous DCA. Acknowledged, and agreed to zero the balance After 6/8wks was no change on the entry, re-wrote to them requesting this again Another acknowledgment from them and again no change and then another letter was sent including an intent to complain to the ICO due to the incorrect processing of data Lowell have finally now responded upholding my complaint, sending a £100 compensation cheque, closing the debt account and deleting the default entry altogether from my credit file. And its gone, deleted off of my file! Very pleased, did not expect a default deletion at all
  6. Hi, I can’t log in to the MCOL website - says my login/password is incorrect. I’ve put it in exactly as what’s on the claim form. I want to submit 1st thing in the morning before I leave for work. I don’t want to run the risk of not being able to submit during the day. if I was to submit to them via email do I attach as a word doc or complete in the body of the email? Thanks
  7. Okay thanks I've drafted something to submit in my defence. If it could be read over and marked for errors Thanks 1) The claim comprises the following agreement the defendant entered into: a. JD Williams & Co with reverence 1234567 and current balance of £559.77 2)The agreement was terminated as payments were not maintained and subsequently assigned to the claimant. 3)And the claimant claims: a) The said sum of £559.77 b) Interest pursuant to # s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £44.ui c) Costs The Defendant contends that the 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 allegation to which a specific response has not been made. 1 Paragraph 1 is noted. I have had various catalogue agreements in the past with various companies. I do not recognise the account numbers referred to by the claimant. 2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its.particulars 3 On the 19/11/2019 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. They have sent an alleged CCA copy undated and unsigned from my cpr31.14 request. This is the first time I have seen this document. . 4 It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of an original signed and dated copy of the consumer credit agreement requested by CPR 31. 14, therefore 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 and evidence any breach and service of a Default Notice which it refers to in their particulars; (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6 On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of The Consumer Credit Act 1974. 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.
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