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MadMat

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  1. I was going more on previous experience of these mediation calls, where I managed to make the mediator angry by trying to discuss poor quality paperwork or anything other than how much I was going to pay the other side! His entire attitude was I had to pay something and all he would discuss was how much that something was. And he told me off for wasting his time before terminating the mediation
  2. I'm not quite sure what to do next I have an appointment for mediation. the letter has some fairly strict instructions about negotiating in good faith. I'm pretty much flat broke, I don't have anything to negotiate with. And I don't really want to negotiate a settlement. Do I respond to the letter with the requested details? and what do I do when the mediator calls ? TIA
  3. I've just got home from a week away and found this waiting for me! It seems my N180 form never made it to the right place. I've emailed another copy of it today, it just seems rather a coincidence that this order is dated the day before I went away, dates listed in the "when are you unavailable" section of the N180 Lowels had a copy of . . . . . n24.pdf
  4. I blanked out email and mobile, everything else on the form they already have/know
  5. OK Second attempt at scanning! Again the quality of the credit agreement is poor, but that's how they sent it to me Directions questionnaire returned, copy sent to Overdales as per the court letter that came with the DQ CreditAgreement.pdf DefaultNotice.pdf
  6. Default Notice and first page of the credit agreement, the rest of it is 8 more pages of the same printout of the T&C, and creates a file too big to be uploaded. I'll scan it all as single page files if it's really needed The poor quality of the CA is not my scanning, what they send me is poorly printed a very blury! Mat CreditAgreementPage1.pdf DN.pdf
  7. I've had a few letters! From overdales, A copy of a Directions Questionnaire they have submitted. And a big bundle containing Loads of copies of statements. A copy of a default notice I'm pretty sure I've never seen before A ten page long "credit agreement" which appear to be a printout of the terms and conditions from their website with my name and address typed at the top! A copy of a Notice of Assignment again I don't ever recall seeing A copy of a nice friendly letter from Lowells introducing themselves as the new owner of the debt From the court, A Notice of proposed Allocation to Small claims track and an N180 form I need to complete and return by 4th April What of this lot do I need to scan and upload for you guys to see probably over 100 sheets, double sided so I don't really want to blindly scan and upload the lot? TIA Mat
  8. small update Cheque for the CCA request has finally been cashed. Standard letter "We've passed your defence to the claimant" from County court business Centre received. I guess now I just wait and see if an AQ turns up ? Mat
  9. Thank you very much dx100uk Defence filed with the amendment you suggested. The CCA request is now past it's 12+2 days - do I do anything with that ? Cheers MadMat
  10. Proposed defence I've just noticed on checking the paperwork that the "we are looking into it letter" from overdales included a copy of a Notice of assignment, so I've not referenced that in the defence. 1.The Claim is for the Sum of £1400 Due by the defendant under a credit agreement regulated by the consumer credit act 1974 for a newday ltd account with an account reference number xxxxxxxxxxxxxxxx 2.The Defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with. 3.The debt was legally assigned to the claimant on xx-04-21 notice of which has been given to the defendant. 4.The Claim includes statutory interest under S.69 of the county courts act 1984 and a rate of 8% per annum from the date of issue of these proceedings in the sum of £xxxx The Claimant claims the sum of £1500 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) Paragraph 1 is noted. I have in the past had financial dealings with Newday Ltd but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request. (3) Paragraph 2 is noted. Although I have not retained a copy of it and I do not recall the precise details of the Default Notice I have requested a further copy from the claimant which they have yet to provide. (4) Paragraph 4 is denied, as they claimant has yet to fully comply. (5) On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has not complied and provided a copy of the alleged agreement. (6) A further request made by via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received. (7) It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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: (C) Show the nature of the breach and evidence by way of a Default Notice Pursuant to section 88 of the Consumer Credit Act 1974 and: (D) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (8) as per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. (9) On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has a right to lay claim due to contraventions of section 82A of the Consumer Credit Act 1974. (10) By reasons of the facts and matters set out above, it is denied that the Claimant at this time is entitled to the relief.
  11. I agree, I wouldn't do over these claims, but the big chunk of change I owe HMRC is a different matter. the BK or not will depend on how talking to them goes! MadMat
  12. Which Court have you received the claim from ? MCOL Northampton N1 MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant ? Lowel Portfolio 1 Date of issue – 14th Jan 2020 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The Claim is for the Sum of £1400 Due by the defendant under a credit agreement regulated by the consumer credit act 1974 for a newday ltd account with an account reference number xxxxxxxxxxxxxxxx 2.The Defendant failed to maintain contractual payments required by the agreement and a default notice was served under s.87(1) of the consumer credit act 1974 which has not been complied with. 3.The debt was legally assigned to the claimant on xx-04-21 notice of which has been given to the defendant. 4.The Claim includes statutory interest under S.69 of the county courts act 1984 and a rate of 8% per annum from the date of issue of these proceedings in the sum of £xxxx The Claimant claims the sum of £1500 What is the total value of the claim? £1600 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Possibly, I've been binning a lot of threatograms and junk from several debt collectors 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? credit card When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes 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? Possibly, I've been binning a lot of threatograms and junk from several debt collectors Did you receive a Default Notice from the original creditor? Possibly, I've been binning a lot of threatograms and junk from several debt collectors Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Possibly, I've been binning a lot of threatograms and junk from several debt collectors Why did you cease payments? I'm self employed, income dropped to zero during pandemic What was the date of your last payment? Early 2020, unsure of exact date Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, had a 3 month payment holiday early in pandemic .................... I'd hoped I had my financial problems worked out, sadly the virus had other ideas. I'd really appreciate some help with any possible defence I can use here I've acknowledged service CPR and CCA requests sent 27/01 Had a vague "we're looking into it" reply from Overdales to the CPR No reply to the CCA, (they don't even appear to have cashed the £1 cheque) Other possibly useful information, I'm still in extreme financial distress, I could quite honestly admit the debt and show the court income/expenditure that proves I can't afford to repay anything ( my income is currently roughly half what it was pre-pandemic) I'm also behind on priority debts - Income tax and NI To be honest I'm seriously considering bankruptcy!
  13. Out of the blue this morning a letter from Mortimer Clarke, we have been instructed by our client to discontinue, attached is a copy of the discontinuation form Someone must have been clearing up some old paperwork! Just posting so you guys knew that this one could be chalked up as a definite win! Mat
  14. It was a very old personal loan - taken out when I was already up to my eyeballs in credit card debt. I used it to pay off my over limit staff credit card and an unauthorised overdraft on a staff current account - I worked for a high street bank at the time, and in the 90's the rules on staff financial conduct were quite strict - I was in danger of losing my job and grasping at straws! It didn't help, was already too far gone and ended up losing the job, and my flat was repossessed. Mat
  15. Reply received from Cabot yesterday - Dear MadMat We have decided to uphold your dispute and have made the decision to close your account . . . .blah blah blah Really trying to make it sound as though they had a choice and are doing me a big favour Thanks everyone who pitched in Mat
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