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losingmymind

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losingmymind last won the day on April 1 2011

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  1. Thank you. Yes, read about the following stages back in November, but just seeking clarification.
  2. Some clarification needed please. I have been sent a 'Notice of Proposed Allocation to the Small Claims Track' (Form N180) which needs to be returned to the court by next week. In the blurb where it tells me it is to be returned by the due date, under the court's address it says "and serve copies to all other parties". Does this mean I also have to send a copy to Lowell as well? Thanks.
  3. As I'm busy tomorrow and cannot guarantee being near the computer I've now submitted my defence. What happens next? Thx
  4. Thanks Andy and dx. Will submit at almost the 11th hour, unless there is a reason for me to do it today?
  5. Ok, defence is due by this Friday, so here's my first draft (cobbled together from others I have read here on the forum). Please can someone check it over and amend where necessary? Many thanks. Particulars of Claim for reference only 1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXX 2. The Defendant failed to maintain the required payments and arrears began to accrue 3. The Agreement was later assigned to the Claimant on 23/09/2019 and notice given to the Defendant 4. Despite repeated requests for payment the sum of £620 remains due and outstanding. And the Claimant claims a) The said sum of £620 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, accruing at a daily rate of £0.136, but limited to one year, being £50 c) Costs Defence The Defendant contends that the particulars of claim vague and are 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. The Claimant has not fully complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is accepted in as much as I have in the past had financial dealings with Vanquis. However I do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a CCA1974 section 78 request. I am unaware of what account or contract the claimant refers to. 3. Paragraph 2 of the claim is noted although I am unaware of any Notice of Sums in Arrears or actual Default Notice being served pursuant to sec87(1) of the CCA1974 by the original creditor.Therefore the assignee claimant is put to strict proof to evidence same. 4. Paragraph 3 of the claim is denied I am unaware of any legal assignment or Notice of Assignment allegedly served in September 2019. 5. The defendant submitted a request for documents pursuant to CPR 31.14. on 9 November 2020. The claimant acknowledged receipt of the request but has failed to comply. 6. The defendant submitted a request for a copy of the alleged agreement pursuant to s78 CCA 1974 on 9 November 2020. The claimant has not acknowledged receipt of the request and has failed to comply. 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, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with Vanquis; and (b) show and evidence the nature of breach and service of a Default Notice pursuant to sec 87 (1) CCA1974, (c) 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. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. In 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.
  6. I've received a response from Lowell Solicitors in relation to the CPR request. It says when the card was taken out, last payment and when the default was reported to the CRAs. "We confirm that our client has not claimed to have entered into any contract directly with you, nor to have been a party to your contract with the original creditor. The benefit of that contract was lawfully assigned to our client pusuant to Section 136 of the Law of Property Act 1925 and the required Notice of Assignment was sent to you. Please find enclosed a copy of the Notice of Assignment. Please also regard the Notice of Assignment as a formal demand for payment. Please note we have requested further documentation from the original creditor, and will contact you upon receipt of their response..." And so it goes on about the CC claim and consequences of not responding etc. Certainly never seen this Notice of Assignment before. Defence due in by Friday 27th. Is there any way I can use Common Law in my defence? I am registered with the Common Law Courts. All this legislation to do with debt collection is maritime law, so I should be able to do something here, but not sure what. Any ideas? Not sure about where they're talking about the debt being lawfully assigned because that 1925 Act they refer to will be legislation, not law. Common Law is law, everything else is just legislation. Thanks
  7. It's not a loophole then that I can use against them for not following correct procedure? I've been reading a lot... and it's getting confusing at times. Those letters are now in the post. Just AOS to do now.
  8. CCA and CPR are going in the post today. In the meantime I have received a 'notice of claim' from Lowells solicitors dated one week after the claim date, in which I have been told that Legal Proceedings have now been issued and that I will shortly receive a County Court Claim from Northampton. Is this right? Should I have received this before the actual claim or not? Thx
  9. Thank you. Looks like I've got plenty to do. A quick question... hypothetically speaking, if I chose to go the route of accepting the claim but asked for time to pay would they still get a CCJ registered against me?
  10. Hello, I received a County Court claim from Lowell over the weekend and have been perusing the forum to find out what to do about it. So, here goes, and advice very much appreciated. I haven't done anything yet, not acknowledged it or done the CCA request. Should I be doing that now? Thanks in advance. Name of the Claimant ? Lowell Portfolio Ltd Date of issue – top right hand corner of the claim form – 26 Oct 2020 (it arrived on Saturday, so lost the first 5 days thanks to postal service only delivering to my house once a week!) Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXX 2. The Defendant failed to maintain the required payments and arrears began to accrue 3. The Agreement was later assigned to the Claimant on 23/09/2019 and notice given to the Defendant 4. Despite repeated requests for payment the sum of £620 remains due and outstanding. And the Claimant claims a) The said sum of £620 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, accruing at a daily rate of £0.136, but limited to one year, being £50 c) Costs What is the total value of the claim?£800 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Not that I’m aware of Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No Did you inform the claimant of your change of address?N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?Credit Card 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, all of them 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?Can’t remember Did you receive a Default Notice from the original creditor?Can’t remember Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ?No Why did you cease payments?Business failed. Income severely reduced. Could no longer afford. What was the date of your last payment?Some time late 2018 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
  11. I have been on the phone to the Pensions Advisory Service and the Pensions Ombudsman today (they're not in the same office any more) and have been told my case is one for the Financial Ombudsman because it is based on the financial advice I was given all those years ago. Looks like I'm just going to have to wait for my turn for my case to be looked into.
  12. I do see where you are going with this, but when I originally decided I was going to make a complaint I followed HSBC's outline for making a complaint and they're not responding to me, hence me taking it to the financial ombudsman (case not been allocated yet, so I'm going to speak with the Pensions Advisory Service tomorrow and decide whether I need to withdraw that complaint and pursue through the Pensions Ombudsman instead) Are you saying that there should be a proper complaints procedure for this sort of complaint and that I may need to start the process all over again?
  13. I see what you mean. Although the mis-selling actually happened in the 90s, long story short, I thought it had been dealt with back then, but then found out two years ago that there was a pension still in existence, although by then it had been transferred or sold to ReAssure to manage. given that I have only been aware of this for under two years I do think I fall into the 3 years time limit. I have been communicating with HSBC (not that they've reciprocated - they have ignored every communication sent) about the issue since last summer and have evidence of the correspondence sent (2 emails and 1 letter sent through the post which was signed for).
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