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Everything posted by rob14973

  1. Good point have received a letter of default. This default was issued on the account whilst in dispute for cc charges however i assume lowell will not have the paperwork for this right? Regards Rob
  2. Ok Andy is my defence ok further up the thread. Regards Rob
  3. I would love to go down the SB route but before i do just want to make sure this is the right thing to do because of the above. Regards Rob
  4. No i paid Lowell 150 pounds as an ex gratia payment as they were trying to go down statutory demand route . Its earlier in the thread. I paid them £150 to get the debt below £750 as advised on here in 2010 Regards Rob
  5. Hi I thought the ex gratia payment is classed as a payment which was done in 2010. Regards Rob
  6. Ok Im about to put my defence up, its has to be filed by Friday and done by email due tech issues. I have a question when i got defaulted by cap1 the account was in dispute do i put this in the defence or do i just defend against the claimants POC. Particulars of Claim 1. The Claimant claims the sum of 750.00 being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and Capital One . 2. The Defendant's account number was XXXXXXXXXXXXXXXX and was assigned to the Claimant on 19/12/2008, notice of this has been given to the Defendant. 3. The Defendant has failed to maintain contractual repayment under the terms of the agreement and the default notice has been served which has not been complied with. 4.The Claimant claims the sum of 750.00 and costs. The claimant also claims interest pursuant to S69 county court act 1984 at a rate of 8%per annum from the date of assignment of the agreement. 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. I have held an account with Capital One for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request. 3. Paragraph 2 is denied I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment. 4. paragraph 3 is denied, the claimant has failed to produce any evidence of a Default Notice being served or any evidence of any breach and furthermore would not be in a position to have knowledge of this.. 5. The Claimant has failed to provide any evidence of assignment/balance/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; and (b) Show how the Defendant has reached the amount claimed for; and © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 7. 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 Act 1974. 8. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act. 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.
  7. I had my response to my 31.14 from farter We write further to to your recent letter requesting disclosure pursuant to part 31.14 of the civil procedure rules The claim form was issued by the county court business centre and that courts protocol was followed when issuing the claimants particulars of claim. practise direction 7c point 1.4 (3A) eliminates the requirement to attach documents to the particulars of claim when they are issued by this court. This matter will most properly be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. Its the original creditors policy to issue agreements at the start of the contract and statements through out the duration of the agreement and, in this regard we ask you to refer to your own records. please respond to the claim form using the response pack provided by the court. we recommended you seek independant legal advice
  8. Yeah done all that i can sign in etc but the password and claim don't match. So i have done done the acknowledged service form via email.
  9. Thx Can i just ask the email further up thread is this correct just want to make sure
  10. OK having tried mcol its not working phoned court and they were very helpful not!!! So i have to send by email. Ok at this stage am i just sending the acknowledgment of service right ? Then the defense later when i have worked out the wording of defence ?
  11. Thought so just wanted double check. Thanks Rob
  12. Hi In my cpr request do i leave in termination notice. Its not mentioned in claims of particulars. Regards Rob
  13. Ok been onto mcol registered and then typed in claim number and password and it keeps coming up the password or claim number don't match :/ so will have to wait till Monday to ring them bit strange.
  14. Ok finally managed to get signed into mcol however claim number or password don't match so will try in morning. thx for the advice much appreciated. Rob
  15. I will have to scan it on tomorrow evening. Anything I need to be looking for on it? Rob Ok I will resend for the cca
  16. Fao dx DX I have just bumped my other thread from other account title is : Hamptons Legal statutory demand please help. Hope this helps Been looking through my paperwork and found a credit agreement from the time of stat demand I requested. I will get CPR sent.
  17. Yes I see I got that wrong drrrr ok its noted Friday 13th . No I have not acknowledged yet due to technical issue.
  18. rob14973 is my old account Just looking through my dispute over charges the debt was sent across to Hamptons and when i challenged saying the account was in dispute they sent it back to Cap1 and when cap1 sent me a partial offer which i rejected they sent it back over Hamptons to pursue.
  19. Name of the Claimant LOWELL PORTFOLIO I LTD Date of issue – 14.10.2015 day to submit defence = 16.11.2015 (33 days in total) - nope 33 days is the 15th however that's a sunday so file bt 4pm the previous Friday...edit by DX. What is the claim for – 1.THE CLAIMANTS CLAIM IS FOR THE SUM OF 750 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDANT AND CREDIT CARD UNDER ACCOUNT REFERENCE ******** AND ASSIGNED TO THE CLAIMANT ON THE 19/12/2008 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT 2.THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH 3.AND THE CLAIMANT CLAIMS £750 THE CLAIMANT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF 1 YEAR AND A MAXIMUM OF 1000 AMOUNTING TO £60. What is the value of the claim? £900 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT card When did you enter into the original agreement before or after 2007? BEFORE 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? CANNOT REMEMBER Did you receive a Default Notice from the original creditor? YES THINK SO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? DISPUTED ACCOUNT OVER CREDIT CARD CHARGES What was the date of your last payment? 10/03/2008 Was there a dispute with the original creditor that remains unresolved? YES Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? NO
  20. The £150 payment was done as a ex gratia payment.
  21. Hi Just when I thought they had gone away :/ This morning I have received a County court claim from Bryan Carter solicitors on behalf of Lowel claiming I have an outstanding debt of £750. This account was in dispute in 2008 for bank charges which cap1 never paid out for it went as far as an lba letter. Cap1 sold the debt to Hamptons who then tried a stat demand in 2010. The original debt was for 900+ after advise from this site it was advised to pay £150 for it to get below £750. After this Hamptons sold on the debt to Lowell. lowel have bombarded me with the usual scrap paper for a few years now until this. however i thought the debt was unenforceable as it was older than 6 years old and its no longer on credit file ? plus what is the next step please advise. rob
  22. Hi thanks for the reply's. Im not really disputing the money owed. I have had a check where the debt came from and is as follows. The solicitors was dealing with my house sale and for some reason or another paid the morgage company over £500 short. So they took it upon themselves to pay the shortfall themselves and then recover the money from me. I phoned them last month to say i would pay £50 a month but the lady who took payment said she could not personally authorise it you need to speak to someone else but they are not available. Then i get a letter asking to list income and expenditure which i ignored. Then 3 weeks later get another one saying if i dont fill it in then they will continue with court proceedings.
  23. I think they are threatening to be honest but there is always doubt. If they took me to court they will only get the same amount anyway. There is only my wage anyway as the other half is newly self employed and has no wage. I just don't want to disclose my new employer.
  24. Thanks for the reply. I only made the first payment last month when i received the letter and i will be making another Monday when i get paid. However i don't want them to go to court and end up with a CCJ even though im paying them back.
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