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NitrousOxide

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About NitrousOxide

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  1. Thanks for all your help so far, it's appreciated. Received the notice of allocation to the small claims track from my local court with the following page being directions. First and foremost it reminds them to pay a fee. I'm PC savvy so I'll post up a copy of the letter with details removed a bit later.
  2. No, I've checked all documents it appears nowhere. I can't find a single reference to it. Just read Baycloves post and they appear to be in a similar situation regarding old Provident loans i.e. account number not recognised. You can take out more than one loan, however you won't get a new one if any are in arrears. They make you consolidate, split payments or pay the one in arrears if you finish any others. Term 5 of their T&C's: I've emboldened the bit I feel important. I would not have a current loan (now paid off) without them asking for the arrears of an old loan or applying payment to that loan first or at least splitting payment between old and new. I've never been in arrears, I've paid all loans past and present off now.
  3. No just the request under CPR. I'll do it today, although it will probably arrive later than any court date. Do I ring the mediator to make an appointment or do they just ring me?
  4. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 29th April 2019 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 Provident Personal Credit on 29/11/2013 which was subsequently assigned to Vanquis Bank Ltd under account reference xyz123 ("the agreement"). 2) The Defendant failed to maintain the required payments and the agreement was terminated. 3) The agreement was subject to a further notice of assignment to the claimant on 01/03/2017 and notice given to the defendant. 4) Despite repeated requests for payment, the sum of £363.50 remains due and outstanding. And the claimant claims a) The said sum of £363.50 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 £0.080, but limited to one year , being £29.08. c) Costs. What is the total value of the claim? £477.58 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes 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? Yes 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 ? Home Visit Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure, haven't checked yet. 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. Assigned twice from OC. Were you aware the account had been assigned – did you receive a Notice of Assignment? Only from Lowell's. I didn't recognise the account number. Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Loan paid off. What was the date of your last payment? Roughly August 2015 Was there a dispute with the original creditor that remains unresolved? Wasn't aware of a problem until Lowell's started sending letters. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A AOS Done in about 2 days from receiving claim form. Requested documents under CPR from Lowell's, completely ignored me. Defence filled out. Court never sent out the AQ form, rang the court who said there was a backlog and not to worry. Got a 7 day sanction. AQ Filled out Got the mediation email on Tuesday (27th August 2015) Defence: 1. 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. 2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3. The defendant is confused as to why legal action has been initiated against them. The defendant is in good standing with Provident Personal Finance LTD. On the date of this claim, that being 29/04/2018 the defendant owed £32 and on the day of writing this defence owed £12. The business model and agreement terms of Provident are such that it would be impossible to acquire a new loan if previous loans remained outstanding. 4. Paragraph 1 is denied and not admitted. The defendant does not recognise the account number referred to by the claimant. The Claimants statement of case states that the account was assigned from Provident Personal Finance Limited (Provident) to Vanquis Bank Limited (Vanquis) but states no date. The Defendant does not recall receiving notice of said assignment. 5. Paragraph 2 is denied and not admitted. The defendant had no account to pay and to the best of their knowledge was in good standing with Provident. 6. Paragraph 3 is denied and not admitted. The defendant is unaware of any legal assignment or Notice of Assignment allegedly served on 01/03/2017. 7. Paragraph 4 is denied and not admitted in its entirety. The defendant believes the account to have been paid. Therefore it is denied that the Claimant is entitled to the relief as claimed or at all. 8. 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 and 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 the Claimant with account number xyz123; and (b) show and evidence the nature of any breach by way of a Default Notice; and (c)show how the Defendant has reached the amount claimed for. 9. 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. 10. On the 06/05/2019 the defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors LTD. The defendant requested the Claimant provide copies of the Agreement, Notices of assignment, Default notices and the defendants paying in book. Lowell Solicitors LTD. has not sent any of these documents. 11. I respectfully 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. Those documents being; a. Consumer Credit Act 1974 Agreement referred to in Paragraph 1 of the particulars of claim. b. The 2 Notice of assignments referenced in paragraph 1 and paragraph 3 of the particulars of claim. c. A copy of the defendants paying in book for the period stated in paragraph 1 of the particulars of claim. …... Just a quick mention about part 3 of my defence. You can indeed get new loans if your balance remains outstanding, but they require you to consolidate outstanding loans into the new ones.
  5. Hi, My Dad received a claim form with an issue date 1st November. AOS entered on internet. Says service date 8th Novemver. (they sent POC separately) Claim form amount is £35 more than owed amount, even their evidence shows original amount. (This is not including fees and costs). Background. Service charge (not disputed). Offer of £20 a week offered in August, was rejected. Offer of complete amount by family to extinguish burden by letter (The defendant is a disabled OAP) on 5th October. Heard nothing back. It should be noted the defendant tried to contact the claimant to settle many times but they wouldn't talk to him anymore. N1 received as above. Tried phoning claimant again, "not there, they will call you back". Never did. Phoned solicitors, they won't budge. Want the (wrong) amount plus fees, costs and interest. I'm bewildered by their behaviour. This is a large and very well known landlord in Kent. The issue of liability is not in question. P.S. It should be noted that had they accepted the offer of £20 a week it would have extinguished the debt before the date of issue!
  6. I used to make fire alarms about 20 years ago. They had thermal printers included that we built and would print off status, errors and faults etc. Guess what? We could read those still a good 5 years after production.
  7. Hi, My girlfriend received a claim from Lowell's regarding a catalogue and I am stumped on this one (I'm an early CAG'er). shes being chased for the incorrect account and I've filed a defence saying so. The odd thing is this claim was issued on the 22nd of March and recieved the 29th I believe. AOS was filed for her on the 30th March. Defence submitted on 19th April, which is exactly 28 days from the date on the form (22nd March). It says recieved on 20th Apri. I believe service is 5 days anyway now, am I correct? What's odd is since then, nothing, nada. Not a peep from either Lowell's or the court and she's a bit worried. I HOPE they've looked at it and realised their mistake. Claim reads: 1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with JD Williams under account number xxxx 2) The defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to the claimant on xx/xx/xx (was within the last 6 years, not barred). 4) Despite repeated requests for payment the sum of £xxx remains due and outstanding. And the claimant claims: a) The said sum of £x b) Interest pursuant to s69 County Court Act 1984 at the rate of 8% per annum from the dat of issue, accruing at a daily rate of £x but limited to one year, being £x c) Costs. The defence reads: 1: The Defendant received the claim XXXXXX from the Northampton County Court on the 29/03/2016. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for a Catalogue Account agreement regulated under the Consumer Credit Act 1974. 4: The particulars of claim fail to state when the agreement was entered into. 5: It is denied that the Defendant has previously entered into an agreement with JD Williams for provision of credit under account Number XXXXXXXX (the Agreement). 6: For the avoidance of doubt the Defendants account number with JD Williams is ZZZZZZZZ 7: All previous correspondence from the Claimant used the account number ZZZZZZZZ and not XXXXXXXX (the Agreement). 8: The Defendant was not aware of account number ZZZZZZZZ (the Agreement) until this claim was made. 9: It is denied that JD Williams 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. 10: The Claimants statement of case states that the account was assigned from JD Williams to Lowell Portfolio 1 Ltd on (Last 6 years) The Defendant does not recall receiving notice of this assignment. 11: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 12: 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. Can I get the claim struck out?
  8. Hi Lee Sorry I've been in hospital. I should be free from now on.
  9. OK..... After some investigation it appears my details were mixed up with a sex offender. I'm not quite sure what to make of that!
  10. Hi, It was a brand new contract online with a 3rd party website. I have never received a contract as far as I'm aware. I'm chasing the 3rd party with no luck as I could then go to a Vodafone shop with the print out. Where do I stand if 3rd party say 18 months and VF 24?
  11. Hi, My contract ended a few months ago and I rang to cancel my account. Unfortunately the rep on the phone insisted it hadn't and wouldn't under no circumstances cancel my account. I had an 18 month contract and he insisted it was 24. I got rather angry at the rep and I'm at a loss what to do. One strange thing about my account, from day 1 I had debt collectors ringing me pretty much as soon as I got my phone for someone I had never heard of. My Sure Signal was registered to this same person using their postcode, even though I've never had or used Sure Signal. Vodafone themselves have referred to this mysterious person before as well. I can only assume I was given a recycled number and not all of the previous owners details removed. Maybe that's why they wouldn't cancel? Like I say I'm stumped, and a bit angry as I'm now being charged outside my contract even though I cancelled.
  12. Actually I believe it wasn't hacked, hence why it's really serious as far as the DPA goes. It was in the root folder of the main site when it came back online. That said, I would still be cautious about posting it.
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