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stuggling

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  1. just sorting out scanning documents now, sent out on 30th June 2017, this was the date i was due to pay the second month missed. im offering to pay weekly and no latest statment as not due till september default 30:06:17.PDF
  2. It is for arrears but if don't pay by 16 then full amount or repossession but they have extended to 18th. There late fees are ridiculous and every time I call to pay they charge me £2 debit card fee They is an extra £0.06 on top of 2 months balance
  3. They sent a default notice and I paid money off it and was assured that didn't matter anymore but today was told it did. I'll upload everything I have tomorrow, when I can thank you I'll give that a read now
  4. Ideally yes as from August 8 we'll be in a better financial place to afford it, it's needed to get my partner to work and my children to school as one of our children has high anxiety so struggles to get to and from school
  5. yeah paid under half and yep that's them, I dont see a bill of sale with documents just the loan agreement I have a sales invoice
  6. Specialists motor finance, funding corporation it's a 5 year hp agreement and im 11 months into contract
  7. Got finance last September for my car, I lost my job in December and it was a struggle but all up to date, but in June my partner started a new job, we had no money for 5 weeks and got to arrears by 2 months. I got a default notice and I called have explained why and made a payment towards it and set up a plan towards arrears. This was all ok, just had a call to say a manager has cancelled the plan and wants a payment of £558 by Tuesday 18 or they come take car away, I told them I can't afford that and to carry on paying £180 a week towards account and clearing the arrears and bring payment back up to date. They have refused this, and given me till 18th to pay! Really not happy about this as all was ok on Tuesday and Wednesdays when they called.
  8. 1.The claim is for the sum of £618.30 due by the Defendant under the agreement regulated by the consumer credit act 1974 for JD Williams account with and account reference of --------- 2.The defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with 3.the debt was legally assigned to the claimant on 31/mar/2014, notice of which has been given to the defendant. 4.The claim includes statuary interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £49.46. The claimant claims the sum of £667.76 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 it is accepted insofar that I have once held a contractual relationship with JD Williams. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant* 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years and 3 months ago. 5. Paragraph 4 is denied. Given that the claimant alleges the debt was assigned from 31st March 2014 it has allowed 3 years and 3 months for interest to accrue.This is unfair and should be dismissed by the court given that the claimant has failed to serve any Notice of Sums in Arrears during the 3 years. Should it deem it fit to allow any I understand it should be capped to 12 months. 6. On the 15th June 2017 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant is put to strict proof to disclose:- (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 8. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 9. As per*Civil Procedure*Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 10. 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.* 11. 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.
  9. Particulars of Claim for reference only 1.The claim is for the sum of £618.30 due by the Defendant under the agreement regulated by the consumer credit act 1974 for JD Williams account with and account reference of --------- 2.The defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with 3.the debt was legally assigned to the claimant on 31/mar/2014, notice of which has been given to the defendant. 4.The claim includes statuary interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £49.46. The claimant claims the sum of £667.76 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 it is accepted insofar that I have once held a contractual relationship with JD Williams. I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant given that that they are the assignee of this alleged debt and have very little knowledge of what they are claiming and do not appear to be able to disclose any further details by way of CPR 31.14. 3. Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant* 4. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 9 months ago. 5. On the 15th June 2017 ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 8. As per*Civil Procedure*Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. 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.* 10. 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. this ok for defence 1.The claim is for the sum of £618.30 due by the Defendant under the agreement regulated by the consumer credit act 1974 for JD Williams account with and account reference of --------- 2.The defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with 3.the debt was legally assigned to the claimant on 31/mar/2014, notice of which has been given to the defendant. 4.The claim includes statuary interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £49.46. The claimant claims the sum of £667.76 Defence 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. 1. Paragraph 1 is noted. I have had in the past an agreement with JD Williams but do not recognise the account number referred to by the claimant. 2. Paragraph 2 . I have received a Default Notice from the original creditor in 2013, but nothing since. 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served. Therefore Paragraph 1 is denied 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 and evidence the nature of any breach by way of a Default Notice © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. On the alternative, as 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 consumer credit Act 1974. 6. On the 15th June 2017 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is not entitled to to enforce the agreement or request any relief until such compliance. 7. By reason of the facts and matters set out above, the claimants claim is denied
  11. reading the form the reference i used for the cca letter is the one on the court document, its on the section were it says claimant including ref, so i think that my fault, resending cca with the reference supplied in the particulars of claim.
  12. got a response from lowell, that says: thank you for your recent correspondance, We not your request for information regarding the above refernce number under section 77-79 of the consumer credit act 1974 we write to advise that we do not hold any accounts with the above reference number in your name. But on back page is states Account numer -- JD Williams 678.30- but they tell me that they hold the above account and is be managed on our behalf by our outsource team Lucas Credit services Limited and we ask that any further correspond is sent to them directly on the details shown below. Lucas Credit Services. and have said will cease collections for 30 days (not gonna happen with courts involved so still doing defence) and if they do not hear from me in 30 days will return my postal order. now im confused, do i do another postal order to lucas credit but court say it lowell collecting it
  13. ok thank you, ive done what i think is right, but while all kids asleep im gonna go bed and refresh and carry on when they all in school tomorrow thank you, i think its right but ill get my head wrapped round it easier when my awake
  14. ok ive read and still reading load, such amazing information thanks guys, im sorry sound lazy just so tierd, (like most, each on of my children has been ill over the last few weeks and partner on 5/6 nights a week on 15 hour shifts, just not stopped) Had a strong Tea and have tried to do defence, my only thing is i got a default notice in 2013, ive put this but stated ive not had one since i will post it when i finished going over it, i just need to get my head round it
  15. got a response from solicitors: we write in relation to the above matter, We have received your letter in which you make a request for documents and have notified our client Lowell Portfolio I Ltd of this request. Documents in support of our client's claim will be disclosed on or before disclosure as directed by the Court. In the meantime, please file your response to the Claim form in accordance with the Court Timetable. If you require further time prepare your response, Please let us know as we may be able to agree a short extension to the Court time table. if you have any further queries please do not hesitate to get in touch with us.
  16. Thank you, all posted 1st class recorded nothing signed! just printed, and MCOL done too.
  17. Brill thank you, I'm going post office 1st thing recorded delivery for them both. Thank you
  18. They said they are, and ceased payments as could t afford it, I contacted them as time to set up payment plan but for every £10 pcm a £12 pcm fee was applied! I didn't know that simply be was jd Williams when opened up this account but that's in credit
  19. Name of the Claimant ? Lowell Portfolio I LTD Date of issue – . 09 June 2017 Date to submit defence 11 July 2017 What is the claim for – 1.The claim is for the sum of £618.30 due by the Defendant under the agreement regulated by the consumer credit act 1974 for JD Williams account with and account reference of --------- 2.The defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with 3.the debt was legally assigned to the claimant on 31/mar/2014, notice of which has been given to the defendant. 4.The claim includes statuary interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £49.46. The claimant claims the sum of £667.76 What is the value of the claim? 618.39 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 2007? after 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 purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? no Did you receive a Default Notice from the original creditor? yes in 2013 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments? 2012 september ? What was the date of your last payment? september 2012 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
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