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venomex

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  1. Ok bit of of an update: Mediation (As expected) did not amount to anything. Trial date has been set for Start of September. - Just received the witness statement which is....interesting Main points - they want the defence struck out (which is not surprising) as: I have admitted to having a contract with 02 (Which is twisting a bit what I wrote - I stated I remember getting a contract with 02 but did not recall the details.) The assignor has confirmed I upgraded to an Iphone 4 in 2011 (Which has no evidence to support that) and that the defence is without merit. The evidence supplied is a screen shot from an account with no details (no name, account number just a list of payments with the final entry an write off payment) and copies of the letters sent to me. The name on all the documents are misspelt (including the court docs) and the name appears misspelt on my Credit Report. I am putting together my witness statement which will respond to this - any ideas of what should 100% be added? Is is worth bringing up the name being wrong (only by one letter but it does change the name completely?) The only direction the court has made is that Lowell has to provide the deed of assignment or sales agreement. Both missing from the witness statement (There is a letter from Lowell stating they are taking over the debt but nothing included from 02) Basically any advice would be gratefully appreciated
  2. Hi - bit of an update. Lowell has written to me informing me that they want to go to mediation and the court will contact me in due course. They have included a copy of the document they have sent to the court stating they want to try mediation. So just awaiting the actual doc from the court and I guess the phone call from mediators.
  3. Ok have tinkered a bit with this - I have added a answer as such to para 3 as they have provided a copy (albeit a bit rubbish) of the letter sent to my previous address which I do not recall ever receiving. Paragraph 1 is accepted. I have, in the past, entered into a contract with O2, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. Paragraph 3 is noted, however I do not recall receiving the original assignment of this debt to The Claimant. I have since the claim has been made, received a copy of a document, without letterheads, sent to my previous address. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgement and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. 6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 7. 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. 8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.
  4. looking to upload this tonight (serious family issue has delayed me looking at this till today) - will post up shortly what I am looking to upload to mcol and hopefully this will work - with point 3 as they have supplied a copy (albeit sent to a previous address) of the assignment does that mean my defence is dead in the water?
  5. With point 3 I was not sure if I should/could include it - they have supplied me with a copy of the assignment from 02 and their introduction letter (both without letterheads and both dated 10th Jan 2013) - these were sent to an old address though. Should this be included?
  6. Thats brilliant thank you - will have another look this evening when kids have gone to bed
  7. Defence wise I have "borrowed" from another part of the site and adjusted it a bit - have I missed anything major? 1) The Defendant entered into an agreement with 02 (uk) Ltd under account reference XXXXXXXXXX ('the agreement') 2) The defendant failed to maintain the required payments and the service was terminated. 3) The agreement was later assigned to the claimant on 21/12/2012 and notice was given to the defendant. 4) Despite repeated requests for payment the sum of £941.46 remains due and outstanding. and the claimant claims a) The said sum of £941.46 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 £0.206 but limited to one year being £75.32 c) costs Paragraph 1 is accepted. I have, in the past, entered into a contract with O2, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgement and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. 6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 7. 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. 8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief. If this scans ok will upload it to MCOL tonight and await the outcome Also thanks again for all the help so far
  8. Just had a response from Lowell - they say "As this account is a telecommunications account it is not regulated by the consumer credit act 1974 therefore the original creditor is not obliged to provide you with a copy of the agreement" They have included a copy of The (o2 has sold your account to Lowell Portfolio 1 Ltd) and a copy of a letter which I assume is from o2 but has no obvious markings or branding, both from 2013 and both sent to my old address. They go on to say they will wait 14 days for my response. Any thoughts as to what I can do next?
  9. Lol thats true - hopefully hear nothing from them makes it a bit easer
  10. Am I right in thinking it is 33 Days from the date on the form? I have sent the letter to Lowell so hopefully should be back well before then
  11. Ok MCOL site all done and letter printed ready to go - will update when I have news Thanks again
  12. Hi all I am looking for some advice about a CCJ Claim for I have received in regards to a Lowell Account (Looking from it seems to be a lot of these at the moment) In order for us to help you we require the following information:- Name of the Claimant ? Lowell Portfolio 1 LTD Date of issue – 17th Feb 2017 (on form) What is the claim for – the reason they have issued the claim? 1) The Defendant entered into an agreement with 02 (uk) Ltd under account reference XXXXXXXXXX ('the agreement') 2) The defendant failed to maintain the required payments and the service was terminated. 3) The agreement was later assigned to the claimant on 21/12/2012 and notice was given to the defendant. 4) Despite repeated requests for payment the sum of £941.46 remains due and outstanding. and the claimant claims a) The said sum of £941.46 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 £0.206 but limited to one year being £75.32 c) costs What is the value of the claim? £1016.78 plus costs Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? mobile debt 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure but more then likely Did you receive a Default Notice from the original creditor? Not as far as I am aware but no paperwork to prove I didn't (moved since 2012 and no sign of paperwork) Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again not sure Why did you cease payments? Loss of employment and family break up What was the date of your last payment? According to credit report May 2012 (Listed under Lowell not 02 tho I have only ever paid 02) Was there a dispute with the original creditor that remains unresolved? Not as far as I remember Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management Not with Lowell I did try with 02 Also to add - the claim does have my surname wrong but only by one letter in the middle so could be a typo. Any help I can get with this would be greatly appreciated Thank you all in advance.
  13. Ok thanks for that I am going to the meeting tomorrow with the LL and LA. The council have agreed, in priciple, to pay the full rent as I am in the process of claiming JSA for a short time while they work with me to move out via rent deposit schemes etc and looking at options. This will mean future rent will be paid. They are also looking at making a payment for some of the arrears which should drop it under the two month mark, so will give me time to show the court I am looking to pay and looking to move to prevent the situation getting any worse then it already is - hopefully that will give me enough breathing space to move with the kids. Again tho thanks for the advice
  14. Hi folks I would like to ask some advice if that is possible Long story short - I am in arrears with my rent due to a family breakup (My wife has left leaving me with the house and three kids) I have, as of last Wednesday, become 2 months behind on the rent and had the Landlord banging my door down and putting pressure on me to pay (He does use a LA but LL was "passing") He mentioned a Section 8 and that he was going to go for that. I stated I am trying to sort out HB at the moment, but it was a delay due to the Child Benefit having to be in my name before they would accept the kids were living with in regards to HB and this was still being sorted. I signed a new Assured Short Term Tenancy on June 24th....wife walked out in July.....so only a few months into the tenancy. He has demanded I now have a further meeting (after the hour and a half on my doorstep) with the LA so that they can discuss matters. He kept telling me to hand back the keys, that I should move out, etc which to be honest I am looking but I am not daft enough to hand back the keys as I would be intentionally homeless....and I did explain this. So onto my question: I have read a section 8 gives two weeks notice in regards to rent arrears - does that mean in two weeks I will have a court date or is it two weeks then they have to apply to the court? Also, and this maybe a how long is a piece of string question, how quick do these court dates arrive? I just worry that in a month I am going to be out the door and homeless I am working with the council to sort HB out and the housing officer at the council has been fantastic with there advice but I need time, or at least buy some..... I have offered to repay the arrears, the HB have suggested that the full rent will be paid as I am going to be on Job seekers Allowance (Temp as I hate not working....) and this should be sorted as "Fast tracked" due to JSA so future payments should be ok, it is just the arrears..... Any advice or help would be gratefully received
  15. They have sought legal advice and have been told to advise us to get a solicitor to discuss the legal points. It also states that the repo people said they did not remove the car from the premises but admit taking it from the driveway on our land.
  16. Right letter back from Advantage..... They admit they took the car from the drive. Soooooo where to go from here any ideas??
  17. Not yet however I live in quite a remote place so not quite that easy. However I do have a "semi" legal brain on me and having looked at the Consumer Credit Act they have breached section 92 of that act. Also common assault is an offence and the use of force to retrive property is also a no no. To add, Notice of Termination came through post today, after car gone.....It states they need a court order unless I give consent for the good to be taken. Which was not given. emailed letter of complaint, was just printing when they rang very concerned about what happened. They were told the car was parked on the road, I said it wasn't and my neighbours are currently filling our witness statements to that effect. Everything on hold so watch this space.....
  18. Phoned Advatage today to try and get to the bottom of this. Advantage refused to talk or give names over of the people involved. No Paperwork has been left with me so have approached the police to report the car as stolen. Will keep this updates as I do not beleive repo agents have the right to use force to retrive a car parked on a private driveway without a court order.
  19. Ok will that work? Sorry editing this: What I mean is wont the police just see this as a civil matter as I will have to say they said they were Repo people. Also they work for Swift Car Finace -Not advantage.
  20. No paperwork left at all Yes they came out to see if I was ok as was a bit shaken up and they said they would write if needs be
  21. Yes unfortunatly my kids (bit young) and all my neighbours. Also to add, I did (Stupidly) open the boot and climb in and they pushed the car onto the road with me in it and tried to force the boot shut on me....... # No did not get the conv recorded but when I challanged him he said he woud not confirm or deny anything when I said you are happy they are breaking the law taking the car from my driveway he said yes. The Repo bloke said the driveway was not private as no gate and he could reach the car. I measured in front of him roughly where the car boot was from where the pavement was and was about 4ft ish Really fired up about this - The bloke pushed me out of the way when I tried to remove my kids school stuff from the car.
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