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About naftalina

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  1. I have looked at that but I am not sure. It says to say no to a part of documents and to senf it unsugned?
  2. sent cca to Lowells and CPR to solicitors. never received a thing apart from now almost 28 days to make the claim stayed. By the way. solicitors have changed also T&C sent might be later than 2000. Do you now what time period v24.0 T&Cs refer to?
  3. I have not in all honesty. I know I told them the right amount of earnings but in all honesty don't remember if they asked me for other loans or not in application. So maybe they can say I was dishonest myself ? I really wan to start it. Do you think I stand a chance?
  4. Hi, I have a debt with Capital one. the account was opened July 2007. IS there any point in asking for CCA? how to best deal with it ?
  5. Thank you for this! just looked at my noddle report and It says accounct closed £0. It appears 4 times as settled and this is that last entry: Account start date 05/08/2014 Account end date 28/08/2014 Opening balance £ 300 Regular payment £ £ 323 Payment start date 05/08/2014 Repayment frequency Monthly It is only since 2016 I have started getting emails about?
  6. Copy of defence here. Lowell Portfolio I Ltd v [nafta] Court Claim No. XXXXXXXX 1: I received the claim xxxxxxxx from the Northampton County Court Business centre on 10 Jan 2017 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim is for a Catalogue Account agreement regulated under the Consumer Credit Act 1974. 4: It is denied that the Defendant has previously entered into an agreement with Shop Direct for provision of credit. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 5. The particulars of claim fail to state when the agreement was entered into. 6. The Claimants statement of case states that the account was assigned from Shop Direct to Lowell Portfolio I Ltd on 12 Feb 2016. The Defendant does not recall receiving notice of this assignment. 7. It is denied that Shop Direct served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 8: On the 18 Jan 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Cohen Cramer Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment . 9. Cohen Cramer Solicitors has not sent any of these documents to me. 10. On the 18 Jan 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee. 11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so. 13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. 15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. 16. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth The Defendant believes that the facts stated in this Defence are true.
  7. Name of the Claimant ? LOwell Date of issue – 10th January 2017 Date of issue – submitted defence 12th March 2017 Asked for Agreement / Contract, Notice of Assignment and Default Notice but none received Particulars of Claim Particular of the claim, 1 The claim is for the sum of xxxxx due by the defendant under an agreement regulated by the Consumes Credit Act 1974 for a Shop Direct account with a reference of xxxx 2 The defendant failed to maintained contractual payments required by the agreement and the default notice was served under s.87(1) of the consumers credit act 1974 which has not been complied with. 3 The debt was legally assigned to the claimant on 12/2/1016 notice of which has been given to the defendant. 4 The claim includes statutory 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 proceeding in sum of xxxxxx What is the claim for –Catalogue account What is the value of the claim? £9099.36 plus £658.15 statutory charges plus £410 court fee plus £100 legal costs. A total of £10267.51. When did you enter into the original agreement before or after 2007? 2000 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. By Debt purchase Lowell POrtfolio Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure as lots of post ignored because of health and personal circumstances Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Sometime Last year What was the date of your last payment? Was there a dispute with the original creditor that remains unresolved? ? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes but they were not interested
  8. About 20 days ago a submitted defence on a debt catalogue as the solicitors and DCA had hot responded to my letters to supply CCA etc. I had acknowledgement from court and waiting for them to defend. I have received a Notice of propose allocation to small claims track from the court saying Lowell have defended and that the claim appears to be suitable for allocation to a small claims track I also have a small claims directions questionnaire asking me to fill in if i believe this claim is not suitable for small claims track and must do by 27/03. They send a copy of the agreement without a signature, nor date nor a box ticked? are trying to get a copy of Default notice and they are hoping we can sort it out without a hearing. want mediation. any advice on this? Many thanks,
  9. I had other PDL and lenders, credit cards catalogues etc and my credit score was poor. I just thought that maybe a CCA letter might put a stop to this? at least temporarily to start with?
  10. I took this loan back in December 2013 and repayed and borrowed more till I defaulted in 2014. I was always dealing with QQ. I then stopped hearing from them till december 2016 which is when I got Motormile Finance's first email.
  11. Thank you! I have looked at my Noddle , equifax report and I cannot see this debt there. What questions should I answer first? Why is there something wrong? Many thanks again.
  12. Hi, Thank you for all your comments. I have not rseponded to any correspondence with them, The last time i made payment was sometime last year and the loan is for £400. well that is what i owe so i dont thing is one of those that was written off? they have only recently taken it i think. Must look at paperwork better a=ti get a better account to answer your questions. They are asking to come up with a repayment plan.
  13. Hi, am receiving emails and letters from Motormile Finance with regards to a QQ payday loan. Just looking for some help on how to deal with them. I have heard some debts come under the CCA and if they cannot come up with a contract then they cannot pursue? iS this correct? Any advice much appreciated.
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