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queensclose

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Everything posted by queensclose

  1. just so i,m clear i just need to send it to the court or do i have to send a copy to the claimants solicitors as well thanks
  2. the courts have now sent our DQ. what boxes do i tick thanks
  3. courts have said they have received nothing from the claimants on how they wish to proceed with the case.
  4. just noticed on the paperwork that they have sent via the cpr request one is on none headed paper from lowells dated 11th oct 2014 introducing themselves as the debt owner saying they have bought the debt ee limited (formerly t-mobile) which matches the claim form stating they bought the debt on the (clientciregdfate) second letter is notice of assignment also on none headed paper dated 11th October2014. for everything everywhere lt (formerly trading as t-mobile) which differs from the claim form. it says "On > your account was sold to lowell portfolio l Ltd again they could be bother to input a dat
  5. ok received from lowell their completed n180 asking for small claims mediation. there are going to be no witnesses including their selves at the hearing. i guess we should be getting on to complete shortly?
  6. thanks andy it was one you already did for someone else on the forum so i changed it to this claim. wanted to make sure i had done it right
  7. sorry missed this one What is the value of the claim? 1164.68 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? mobile phone When did you enter into the original agreement before or after 2007? after 2007 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 to lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? no Did you receive a Default Notice from the original creditor? no also no default on credit reference agency. they say it was registered december 2013 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Why did you cease payments? unable to get signal What was the date of your last payment? unknown. they say april 2013 if £181.99. i havent paid that Was there a dispute with the original creditor that remains unresolved? told in shop signal would be good at home.. no signal Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no
  8. received letter back from lowell re cpr request stating its not related by the consumer act so wont be supplying agreement or default notice and deed of assignment says last payment made 18th april 2013 for £181.99 default registered december 2013 checked noddle and clear score. not default registered. so it looks like getting defence together hope someone can guide me this is what i have pieced together particulars of claim 1) the defendant entered into an agreement with EE ( formerly t-mobile uk ltd) under the account reference xxxxxxxxx (the agreenment) 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 30/09/2014 and notice given to the defendant 4) despite repeated requests for payment the sum of £939.52 remains due and outstanding 5) and the claimant claims a) the said sum £939.52 to 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 accuruing at a daily rate of £0.206 but limited to one year being £75.16 c) costs 1. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE Limited , however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. 2. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. after checking two credit reference agencies. none containing any information of defaults 3. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 11t Oct 2014 from my cpr31.14 request. this is the first time i have seen this letter 4. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show how the Defendant has reached the amount claimed for; and © show and evidence the nature of the breach and service of the Default Notice, (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. 6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 7. As 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. 8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 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
  9. got one similar going one mind if i tag along to see how it goes thanks
  10. sent cpr31.14 recorded delivery 19th dec does anyone know how quick lowell are to responding this is what moneyclaim say today A claim was issued against you on 13/12/2016 Your acknowledgment of service was submitted on 17/12/2016 at 20:33:09 Your acknowledgment of service was received on 19/12/2016 at 01:09:23 also whats the exact date the defence needs to be submitted
  11. particulars of claim 1) the defendant entered into an agreement with EE ( formerly t-mobile uk ltd) under the account reference xxxxxxxxx (the agreenment) 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 30/09/2014 and notice given to the defendant 4) despite repeated requests for payment the sum of £939.52 remains due and outstanding 5) and the claimant claims a) the said sum £939.52 to 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 accuruing at a daily rate of £0.206 but limited to one year being £75.16 c) costs
  12. just doing the CPR 31.14. there is two different addresses one for the claimant and one for their solicators which one should it go too
  13. this is for a friend court papers arrived for an old EE debt. she thinks its not statue barred. checked her credit file. and this is the first time she has checked it. it has nothing for EE or lowell on it. in fact no defaults at all. logged into moneyclaim and did the aos and tick box to defend whole of the claim monday the cpr 31.14 record delivery am i correct in what have i done so far and what should i do next. the issue date is 13th december
  14. for a family friend In may she had a letter from a debt collector saying she owed £1200 to a water company for a property she moved out of in 2006 she contacted the water company who found the system was at fault and had the record of the phone call in 2006 (but not was said) to say i,ve moved and this is the new property. and direct debit payments continued for the new property. there system kept charging the account for four years and the new owner didnt pay anything they sent debt letters to the old address until may of this year the water company reduced the balance to zero and said sorry. now she applied for a mortgage with what she thought a perfect cra record then bang mortgage company have stopped in their tracks today. saying you have a debt collectors search on your record and the rate you want is no longer available what are her options
  15. For a civil matter it has to be served personally. Hence he wanted you to sign. It can served if you refuse it. By dropping it at your feet. That's when they have to discripe the person when they endorse the service. If you don't mind going to court then go but I think it warrants a compliant. Given the fact it was done in front of a minor. Worth remembering that if it was a court bailiff. Their contract does not a allow service on a Saturday or Sunday if they started mid 2007.
  16. Well you haven't signed for it so it essence its not served. Was it left in a sealed envelope. Did the bailiff see you. Because he could try and say you refused to accept and served at you feet. But he would need to discripe what you look like Was Id shown at any time
  17. my sister received a demand from intercredit international demanding payment for £1283.16 from her previous address that she moved out off in march 2006. with a start date 1/4/2005. she phoned south staffs water and authorized me act on her behalf because she is disabled and i look after all her affairs i explained that there is an error because all her bills are paid by direct debit and the facts are she moved into the property in May 2003 and a direct debit was set up and moved out March 2006. i myself called them up and stopped the direct debit and set up a new one for the new address still with south staffs. were payment has been taken ever since with no arrears. she told me that they were unaware she had moved out and continued bill the old address as the new tenant did not register themselves at the address. i asked why they had not sent any letters out as i redirected the post for a year. she said she did not know but confirmed there was not arrears on the account until the date of moving out. and would get credit control to call back. credit control called back and said she had readjusted the bill and wanted payment of £144 as she said that whats outstanding. she said the direct debit was cancelled about 10 months earlier. i told her that i,m not going to argue about it because it was a statue barred debt and its paid any way this annoyed her and said not its a statue barred debt as they have been trying to trace her and makes it enforceable. i said well your 3rd party debt collectors found the new address. why couldnt you, she got quite irritate and said they will now use the county court to enforce it if she doesn't the amended bill any thoughts
  18. Depends what the signage says If you don't agree and don't park and leave. You have not entered into one If you park and leave but it says no return for 4 hours. Then it lasts for an extra 4 hours.
  19. yes something should be done to protect parking spaces. i understand that retailers are grieved to find all day parking by commuters going to work and customers unable to park. disabled badge holders unable to park because of able bodied people wanting to park closer. but parking companies are out to rip off the motorists. landowners have taken the cheaper (free) option of resolving the issue and ripping off the very customers they are trying to help. landowners have loads of options 1) just install a barrier on the car park. first three hours free. then after the free period you need to pay a fee into the machine to leave. by taking a ticket we all know theres a contract we entered into. so we check the charges. if it says three hours free than £10 per hour after. we leave or pay. but this is a multi million £££ business to screw the motorist parking eye dont give a hoot about disabled spaces. its anpr just out to catch over stayers
  20. got mine from three but took it to an apple store. they changed it no questions asked 14 months into the contract
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