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adviseme

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About adviseme

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  1. Nope! I keep all my legal stuff together, and there's nothing for this debt. Think I'll send a CCA request and cancel the direct debit n see what happens..
  2. I did see that, but thought it would show as stayed on the MCOL page.
  3. Good afternoon everyone. This is going to sound pretty silly but I have been paying Lowells £5.00 per month for nearly 3 years now, but I have no idea what it is I am paying for. Some of you have been helping me with an actual claim, so know the state my life was in a few years ago, so I won't go into that all again. Anyway - I think (but am not certain) that the debt was an old littlewoods catalogue. I have not missed a payment ever in the nearly 3 years it's been going on for - but my credit file just shows default every single month, so I am getting no benefit by paying it back. I'm rambling (as always) sorry; I just wanted some information on how I can find out what this is for. I am loathe to call them as they've lately been writing to me about an old mobile phone contract, and I'm nervous that getting in touch with them may open another can of worms. My credit score page just says Lowell, and nobody else so I don't have a clue what this is for. I imagine most will think it insane that I've been paying them all this time without knowing what it's for - but I just agreed a small amount to get the off my back at the time, and being homeless I have lost any paperwork they might have sent me long ago. Many thanks people.
  4. I haven't actually asked. What will eventually happen? I have no idea of the process. Cheers
  5. Had a willy waving reply - basically saying I'm a silly boy for using a form from a forum as my defence LOL Then I got a although we are sure we will win, we will accept £xxxx in settlement - but the debt will not be parked as paid in full. Ignored both. Guessing something should happen soon regarding court? IE they file their response - or it gets staid or something?
  6. I've had a response from the court saying the claim will be automatically stayed if the claimant doesn't respond in 28 days. I've heard nothing more from Restons or Cabot. Guessing this is all normal, and I just need to wait a while. It's been nice being able to sleep without worrying too much
  7. All done - now to wait and see. But at last there is nothing I can do for a while, so should be able to stop worrying until I hear.
  8. Thank you Andy, Sorry for being a bit dim - I should have realised. I've ha no replies from either restons or cabot - I guess that's not necessarily a good or bad thing?
  9. I don't understand that. Sorry. I am really worried that I have the dates wrong, so will use this defence tomorrow morning with any amendments suggested. Can anyone confirm a: this is OK to use, and B: that I just copy the bit from the word Defence onward and paste it somewhere online? (IE No particulars etc.) Thank you all so much - I must admit I have been more stressed than ever lately. Hoping this will change once I get this all done. I know it wasn't much I donated yesterday; hoping to add to that after payday as a way to thank you all
  10. Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 30 2012 2. And assigned to the claimant on Sept 24 2015 PARTICULARS a/c no *****************84845 DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00 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 accepted I have in the past had agreements with Capital One credit card services. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 2. Paragraph is denied I have no recollection of ever receiving a Notice of Assignment over 2 years ago nor ever been approached with regards to any alleged debt. 3. On the 23rd February 2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim, the Claimants solicitors have failed to respond. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Capital One; and (b) show how the Defendant has reached the amount claimed for; and © show evidence of service of Notice of Sums in Arrears (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, 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. 6. 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.
  11. Got to get up early tomorrow, but will be home shortly after 5PM. I'll get any further edits done then, and if OK will submit. Thanks again.
  12. On a previous edit you said to remove point 2 - so I just renumbered, leaving 2 out. As it stands so far: Particulars of Claim 1.The claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about Nov 30 2012 and assigned to the claimant on Sept 24 2015 PARTICULARS a/c no *****************84845 DATE 30/01/2017 Item Default Balance 1550.00 Post Refri Cr NIL TOTAL 1550.00 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 accepted I have in the past had agreements with Capital One credit card services. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Capital One; and (b) show how the Defendant has reached the amount claimed for; and © show evidence of service of Notice of Sums in Arrears (d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 2. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 3. 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. 4. On the 23rd February 2017 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such unable to request any relief until compliance. I have also requested information pertaining to this claim by way of a CPR 31.14 request to clarify its claim, the Claimants solicitors have failed to respond. 5. 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. Oh! Yeh - point 1. Point 2 was (previously) 2 I have no recollection of ever receiving a Notice of Assignment over 2 years ago nor ever been approached with regards to any alleged debt. The claimant has failed to issue any Notice of Sums in Arrears or statements since the alleged assignment and is therefore prevented from seeking relief pursuant to the CCA2006 amendments.
  13. I've just seen this and wondered what i should do as Lowell are asking me to pay an old bill for vodafone. It was a phone I had for my daughter, and the charges were for after the contract ended. (I didn't know it would carry on charging me after the term of the contract.) I have not responded to any letters so far. Sorry to hijack thread.
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