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Everything posted by julesverne

  1. Thanks citizenb But i have already sent it in last night i had to do it as like i said earlier im working away so not sure if i can access mcol. But as i have submitted defence i dont think i will be able to modify my defence. Will it make a difference to the decision to transfer to county court.
  2. this is what i have written so far. i really dont think it sounds that good. i wish to defend the claim on the following grounds/points. I have not been sent of copy of the signed agreement the statement of account. I have never received notice of assigment from lowells regardng them purchasng the debt. I have asked if these were sent by recorded delivery but i have not had responce from them at all regarding this i have sent a CPR 31.14 request to Bryan carter by royal mail special delivery tracking no.ADxxxxxxxxxx to which they have not responded I also consider the amount of letters and phone calls I received regarding this debt as harassment even though on numerous occasions when they have rang i have requested all contact by telephone
  3. hi guys, when submitting my defence can i attach copies of letters i have already sent. for example the CPR 31.14 request and request for info that i have sent. or is it enough to just say that i have sent those requests. my other defences are: that i have not received a letter of assignment from lowells plenty of threatening letters and telephone calls though. can i mention the amount of letters calls in general re this debt. not just from lowells but also from previous DCA's chasing on behalf of co op. my reasoning being that lowells have purchased the debt so they purchased the history of the debt and past actions good or bad. they have not responded to any of my requests eg CPR 31.14 and requests for info. i am going to be submitting this tonight because as of tomorrow i will be working away for 2 weeks and will unlikely to have access to internet connection. any help would be much appreciated due to my lack legal knowledge.
  4. is that a good thing or bad that they have not replied im going to set out my defence tonight help would be appreciated
  5. Hi Guys, I thought i would add an update on what's going so far. Well so far nothing i have not had any communication so far Bryan carter. i sent the letters on the 19/02/2014 by royal mail special delivery and they were received the next day when checking on the royal mail website. i have a problem where i need to work away for a few weeks as work has been at bit thin on the ground and i need to pay the mortgage. i need to start getting my defence ready and filed by Thursday which is a little bit earlier than i wanted. i have been looking through the letters they have sent me and i cannot find any letter of assignment. that is something i haven't received i'm not doubting they sent but i definitely have not received it. so guy my first thoughts for defence no copy of CCA when requested no notice of assignment received. constant harrassment by phone and letter even when they phoned i explicitly asked for all comms by letter. for my sins i realise now i should have sent a letter requesting this. no answer to any of my requests. is there anything i can add to this. thanks in advance
  6. have you on an update on this as i would say as above speak to the HMRC as soon as possible as it looks like they are trying to avoid tax. at your partners expense
  7. if all else threaten the roofer that you will be going to report him to the HMRC that may or may not help but as it stands you aint got nothing to lose as he should have been paying your CIS contributions. this is also the main reason i dont like to sub contract to anyone and if i do payment up front.
  8. it doesnt sound legal to me and i'm self employed i think your best port of call would be to call HMRC and speak to them as from where im standing it sounds like the company is trying to avoid its tax obligations. ive posted a link below for contact details. http://search2.hmrc.gov.uk/kb5/hmrc/contactus/results.page?affinity=2042
  9. just to update on everything so far. both letters have been sent today by royal mail special delivery to ?Bryan carter solicitiors. i have filed acknowledgement of service to the county court online. SAR request to the co op for this account has been signed for and received by recorded delivery. Is there anything I can be doing whilst waiting for replies its a bit nerveracking waiting. want to be to do something constructive.
  10. Thanks CitizenB do I send these direct to Bryan Carter solicitors. my preferred method of delivery would be royal mail special delivery next day I can get these sent tomorrow
  11. Hi CitizenB, issue date is 14/02/2014 so if I'm correct in what I have read so far the claim date is taken as 19/02/2014 Pariculars of claim This claim is for 6433.64 the amount due under an agreement between the original creditor and the defendant to provide finance and/ or services and / or goods. This debt was assigned to / purchased bypowell Porfolio I Ltd on 28/12/2012 and notice served persuant to the law of property act 1925 particulars RE: co operative bank A/C no XXXXXXXXXXXXXX and the claimant claims £6433.64 the claimant also claims interest persuant to s69 county court act 1984 from 28/12/2012 to date at 8% per annum amounting to 580.96 amount claimed 7014.60 court fee 190.00 solicitors costs 100.00 total amount 7304.60. signed bryan carter is there anything i should include like addresses etc history of the debt started 28/11/2005 No ppi on this but I do have another MBNA which did have ppi but have claimed not due to fear of them hounding me aswell. penalty charges were added when i got into difficulty paying not sure about default charges though. history of how I got into this mess Here goes a bit of background info. i'm now a self employed plumber and approx 5 years ago I got into serious debt problems due to a customer not paying a bill who was a ltd company and went bankrupt. I thought I could get myself out of this by using credit cards as a short term solution. however the bank crisis came and the said credit card companies, ramped up there interest rates and i couldn't keep up the payments. I looked around for help and not very well i might add (i could only describe myself as running around like a headless chicken) I saw an advert from credit card killer and had recently seen them on panarama and thought i had seen a light at the end of my tunnel. I was faced with an unsummountable debt Just short of £22000 split against 3 credit cards Egg ,MBNA & Smile(co-operative) I just couldnt see a way of getting out of it. So i parted with around £3000 filled in the paper work and hey presto i was allegedly debt free then came the letters from the companies disregarding CCK . i made logs of calls ,txts sent demand letters to CCK as instructed by them and sent them all to them as requested. But 5 years on they are all still chasing me and have passed the debts on i reckon between the 2 I have received in excess of 300 calls, letters, txt requesting payment. i would change my mobile no and home no. etc but i need them for my business In an Ideal world i would sincerely have paid this but was put in this current position by the fact of the credit companies hikking their interest rates up extortionatley, prime example MBNA put theres upto just short of 35% I know Credit Card Killer i believe the owners were jailed so do not exist anymore and if they do they certainly can't be contacted. I know i am to blame in part for getting into debt in the first place but i believe also the credit companies are to blame aswell for the exortionate interest they charged when the B of E is just 0.5%
  12. Hi ims21, i will always try to help if I can. addictive I know what you mean there I'm a member of the ukplumbersforums.co.uk and i never seem to be off it.
  13. I know its a bit late i joined a while back. My names is Jules, and i have just received a claim form from Bryan Carter solicitors on behalf of lowell. I hope to do as much work as possible in this on my own but i would appreciate all your guidance when i get stuck. I am new to this so any help and encouragement would be most appreciated. However in being a member of the forum i may be to help as i am a Gas Safe Registered heating engineer. Whilst i cannot give advice on how to remedy problems gas related i can advise on certain aspects of legislation involving domestic Gas. thanks Julian
  14. Hi Everybody, Well today i have received through the post claim form from the county court bulk centre in Northampton. I intend to defend this claim vigourously. due to way i have been hounded over the last 5 years regarding this debt (not all of it by lowell who purchased the debt on the 28/12/2012). I havent read the whole papers yet i will do so in the next few hours but having no legal knowledge and very willing to try and do as much myself. could anybody point in the direction of some good threads or articles that i can read up on. Also is there anything i should do that i should do straight away after reading and is there anything you would like me to post up regarding the claim form. thanks in advance for any advice or help given. Jules
  15. Hi guys, I have today sent off a subject access request to the co-operative. should I be sending anything off to Bryan Carter Solicitors or should i just wait. i feel should be doing something to try and fend off the possible threat of any court litigation or should I just sit tight and wait and see. Also i may be getting ahead of myself so early into this, but should this go to court would the actual signed copy of the agreement be required as proof that the agreement was entered into or would a photocopy be sufficient.
  16. i do apologise in advance the debt in question is not related to Egg visa card but to a co-operative bank visa card. apologies if this has caused any confusion.
  17. does anybody know of an address where i can send an subject access request to Egg who i believe are now owned by barclays. cant seem to find anything.
  18. thanks guys so far. i've looked at your thread is their a link to where i can understand the abbreviations to make me more knowledgeable of terms used. I have also made a donation to the site thanks in advance
  19. Hi Guys i hope you can help point me in the right direction as to how i can proceed with this. 4/5 years i had finanncial issues which meant i defaulted on my debts. but i have been hounded ever since with debts sold on etc to lowell. they. From previous advice i have ignored the letters and when they called which is an awful lots of 100 + and 20 + letters they have passed this now to bryan carter solicitors. they sent a letter earlier stating if i didnt pay by 31st then it was going to court. now received this letter today (i have typed the content as i dont have a scanner.) Our client lowell financial account no. XXXXXXX balance £7304.60 Dear mr julesverne As you have failed to make payments on the above account we have now issued litigation proceeedings in the county court. you will receive the clain form in the next 48 hours direct from the court. the claim form will show the following items have been added to the debt principal balance £7304.60 interest £580.96 court fees £100.00 Solictor costs £190.00 outstanding balance to pay now £7304.60 you can telephone us on 0845 0349918 to discuss this matter. please note that the claim includes the additional items set out above which Lowell Financial are entitled to recover. A proportion of any payment made may be allocated to your principle balance with the remainder being allocated to fees, costs and interest (if applicable). the principle balance only will be reflected on your credit file with the credit reference agencies. if judgement is entered against youand remains unsatisfied it will remain on the judgement register for 6 years and you will have difficulty in obtaining further credit. end of letter. how should i proceed with this i want to fight them over this due to the way i have been harrased over the last few years. please any help would be most appreciated my wife is sick with worry over this and cannot sleep.
  20. all cards were taken out before 2007 approx ages of cards 12 years mbna, 8 years for the egg and 7 years approx for the smile/co-op cast i stopped paying on all cards in january/feb 2009 do you need anymore info?
  21. as i believe from the entries i have shown. MBNA have sold their debt to experto credite ltd CO OP haven't they still own the debt. barclaycard who took over egg haven't sold it on either. but then they haven't chased the debt in over 18 mths so in anybodies opinion where do you think i stand in particular of the debts with regards at some point what are the chances theseDCA's / banks taking me to court after all this time. have sent off SAR's but know this will take time. to get back. to be honest after listening to all your great advice i think the best option would be to ignore them, keep all letters and log all contact until needed. But would there be any chance i can get these debt struck off (to coin a phrase) or just wait the 6 years to go of my credit record or do i wait for the sar request to see what info/documents are still available. i'm assuming once they are off my credit file they are deemed unenforcable.
  22. these were personal credit cards not related to me being self employed.
  23. just got my pass key today for my credit report from experian. i have screen grabbed what i think is the info i should be posting on here minus pers details http://photos.bravenet.com/246/490/428/6/A2AB2CCA7C.jpg http://photos.bravenet.com/246/490/428/6/AB9EA4FFE0.jpg http://photos.bravenet.com/246/490/428/6/371B6AA2DD.jpg first 2 show my status of the 3 debts third shows a search made by brachers llp on behalf of experto credite. i cant really make head nor tail of it but from this information what does this mean for me and the debts thanks in advance for all help
  24. thanks ims Through all of this i am now just wondering what my plan should be as i cant use rely on CCK. 1. actively engaged them to try prove this is my debt and get on with my life. 2. just ignore it all log it calls txts and save letters and hope they give eventually but something tells me they wont so need a strategy in case they dont because it is very annoying for me and stressful for my wife.
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