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Found 13 results

  1. Name of the Claimant Lowell Portfolio I LTD Date of issue 17/12/2018 Particulars of Claim 1) The Defendant entered into an agreement with Three Mobile under account reference XXX (‘the Agreement’). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The right to collect the outstanding balance was assigned to the Claimant by Hutchinson 3G UK Limited on 20/12/2016 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £420 remains due and outstanding. And the claimant claims a) The said sum of £420 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 £X but limited to one year being £35 c) Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? Yes, I posted in another forum about this sent a response with Box C (don’t recognise the debt) and Box I (need more info) ticked. I also sent a Without Prejudice offer of just over 40%. I did sign that letter, I hope it’s not an issue! I asked for: · Full assignment history of debt · Initial Default Notice · Copy of written contract for debt · A full statement of account, including details of all interest and charges included on outstanding balance of the debt explaining how they have been calculated, and any payments already made towards the debt They rejected the offer and they sent back: · Two notice of assignments from Three and Lowell, missing logos and looking unofficial dated on 13/02/2017. · Said mobile contracts aren’t regulated by CCA so won’t send me a default notice or contract. They didn’t give me a full statement of how the balance was made. Looking around the internet and other forums, people said it’s not worth playing letter tennis with Lowells as they will just ignore you and send the same rubbish and just to wait for the claim form, so I didn’t respond further. What is the total value of the claim? £540 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account with Three Mobile When did you enter into the original agreement before or after April 2007 ?After April 2007 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. Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I never received any from Lowell or Three apart from in response to the PAP form I sent back. 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 ? No Why did you cease payments? Bad service/reception and financial difficulties. What was the date of your last payment? According to Lowell this was 03/02/2015. I can’t verify as my current bank account was opened after that. It’s not showing in under Noddle/MSE Credit Club/Clearscore as they wiped the history from Three and replaced it with their own that shows limited time periods. 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?No Hi everyone, I received a claim form from Lowells just in time for Christmas! I’ve been reading other threads where cases like these have been discontinued for lack of proof or termination charges deemed as unfair by Ofcom and have a general idea on what sort of defence I want to put together but would really like to run my steps through the more experienced people on here. I think my next steps are: · Acknowledge the claim · Send SAR to Three · Send CPR 31.14 to Lowell Solicitor address · Start putting together a defence My question on the CPR 31.14 is which template I should use, Request 1 or 2? Can I only request the agreement as it was the only thing mentioned in the particulars? Can I also request a statement of balance or is that one for the SAR? I’ll start putting together a draft of the defence and would greatly appreciate any advice on any of this. Thanks very much!
  2. Name of the Claimant ? Arrow Global Limited Date of issue – 15/09/2016 What is the claim for – The Claimant claims payment of the overdue balance due from the Defendant under a contract between the Defendant and Marks and Spencer Financial Services PLC dated on or about Jan 27 2005 and assigned to the Claimant on Feb 12 2013 PARTICULARS a/c no - xxxx xxxx xxxx xxxx DATE ITEM VALUE 29/01/2016 Default Balance 6000.00 Post Refrl Cr NIL TOTAL 6000.00 What is the value of the claim? £6600 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. Account assigned to Arrow Global who issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so Did you receive a Default Notice from the original creditor? I do not know Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Received an Annual Statement in 2016. Not ever received a Notice of Default sums Why did you cease payments? Ran out of money so stopped Debt Management Plan What was the date of your last payment? June 2014 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 I was in a debt management plan from 2008 to 2014 I submitted a CCA request earlier this year, when Arrow transferred the account to Restons, and received the following back : '&More' Credit Card Application form - dated January 2005 (see attachments) Credit Card Agreement - dated October 2013 Credit Card Agreement Terms - dated May 2015 Statement of Transactions - October 2012 to November 2012 I have acknowledged service and said I would like to defend all. I will send a CPR31.14 to Restons. Is there anything else I need to do prior to preparing a defence ? JAN2005 S78Page1.pdf JAN2005 S78Page2.pdf
  3. Hi I would like some advice please. I have 2 credit card accounts with Capital One that I was defaulted on in 2007 despite paying regular, agreed, reduced monthly payments. The debts were then passed onto Robinson Way. I have requested CCA's from Robinson Way and all they have sent me is the application forms, so they just keep ringing and writing and I keep ignoring and not paying. Anyway am I now in a good position to offer a full and final settlement and if I do and they refuse will it mean that I have admitted the debts, etc? I want the defaults removed from my credit file too, is that possible or not? If it's worth a go then how do I go about it? Any help will be greatly appreciated!! Harlequin
  4. Hi All, I have received my complaints form this morning to claim back fees, I have had an account with Barclays for 26 years and can re-call the Addition account being added mid 90s when i had an o/d, then they changed it to Additions active in 2010. On the form it asks if the account has ever been joint it was for a couple of years by my ex-husband, the account was originally mine, he was taken off of the account at least 10 years ago now do i have to fill his name in on the form?????! Any advice gratefully received:-)
  5. Hi All, I have received a claim form, today, this is what I have done so far. Prepared but not sent - SAR, CCA Request, CPR 31.14. My Answers to your questions are shown in RED. Thanks all You have received a claim form. In order for us to help you we require the following information:- Name of the Claimant ? Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 14th April 2014 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. 1. The claim is for the sum of £8400 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account ****** upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between MBNA and the claiment, the claim vested in the claiment who has a genuine commercial interest. The defendant has been notified of the assignment by letter. What is the value of the claim? £8400 Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? No Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Original agreement was 1999 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? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, I had one this year, not in 2013, not in 2012, 2011 - 2008 Why did you cease payments:- Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, paid for about a year, disputed interest and charges, told them I would pay what I had borrowed but nothing else What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Request 1 - Loans/Credit Cards Request 2 - Current accounts Thanks for reading, look forward to your thought.
  6. Good evening, I'm hoping somebody can offer me some advice. I've been searching the site for some time however I feel my circumstance is slightly unique. My partner received a CCJ claim form from Northampton CCBC, dated 07 FEB 2014. she has 14 days from the 12th FEB to send her reply in. "The claiments claim is for the sum of #981.98 being monies due from the Defendent..... ...between the Defendent and Lloyds TSB Bank PLC... ...under account reference 1#########41 and assigned to the Claiment on 30/06/2013 notice of which has been given... ... The claim also includes statutory interest persuant to section 69..... #39.96" Amount claimed: 856.98 Court fee: 55.00 Solicitor's costs: 70.00 Total amount: 981.98 My partner suffers from bipolar disorder and can not remember taking out any loan or credit. She has received letters and ignored them assuming they were not applicable to her as she has, in her mind, never taken out any credit with any bank, let alone Lloyds TSB. After much discussion both my partner and I are seriously considering this debt may belong to her and was something she applied for whilst ill/in a state of psychosis caused by her illness. Time is running out and we need to be sure this is her debt before we pay anything to the court. If we send a defence to the court, attaching a doctor's note, explaining our circumstance and send a copy to the Claimant 'Lowell Portfolio' will the Claimant be able to provide proof of the debt before the court goes to hearing? All advice is appreciated, we're not sure what to do. I will add, if the debt is hers we're completely happy to pay it back, we just need clarification. Thank you,
  7. Hi, I recently helped a friend dispute a CCJ from Arrow Global. I used a letter from this site and now cannot locate it! (should have thanked the person or started my own thread so I would have remembered!) If any one could help me find it would be appreciated. It was a letter template for someone requesting details (Credit agreement, Notice of assignment etc) after a ccj claim form was received. This was to enable them to put a defence in as they did not have all the details. I know its a long shot but I have been using the search facility for over an hour with no luck! Thanks
  8. I replied to the response pack I got sent on the 9th July, said I was willing to settle but I could not pay the whole lot up front and did not hear anything from Dryden Fairfax and then got a judgement yesterday which was dated 16 July! I would have thought they would have the decency to reply to the response pack I sent them (it stated to send all documents/payments to them). I'm really annoyed as I assume I now have a CCJ? I'm calling the court people in the morning to offer monthly payments and to stress my angst. Any suggestions on what I should or should not be saying?
  9. I hope this is in the right place! I want to explain everything so I apologise if this is a bit lengthy. I received a letter from ind ltd in march stating that they had been appointed by welcome financial services ltd to collect a debt of £1789.40. This was relating to a loan they claim I had in december 2011 (or possibly defaulted on in december 2011, it isn't very clear). I did not take this loan out. Many years earlier I had a loan from this company but as far as I am concerned it was all paid off, way before 2011. I copied a template I found on here asking for the credit agreement from this account and denying all knowledge of said account. Today would be the 13th working day since they received this and until today I have had no further correspondence. Today I have received a claim form from northampton court. The address for sending documents is hegarty llp in Peterborough and the claimant is welcome finance. There is no mention of ind. The particulars of claim state: The claimant claims for sums due under a/various credit agreement(s) related only to money regulated by the consumer credit act 1974 entered into between the claimant and the defendant. The agreement(s) was/were terminated upon the defendant failure to comply with the terms of the agreement(s). The claimant complied with section iii and iv and annex b of the pd pre-action conduct. And the claimant claims: Personal loan account number [*****] balance of 1789.40 as of 2/12/11. Less payment of 1 dated 18/3/13. Interest under s69 of the county court act 1984 at the rate of 8% a year from 2/12/11 to 2/4/13 of 191.00 and also interest at the same rate up to the date of judgement or earlier payments at a daily rate of 0.39 AND costs. The £1 payment referred to here is presumably the postal order I enclosed with my credit agreement request-stating that this was not to be used for any other purposes. This is way over my head now and as I will be applying for a mortgage soon it is all very worrying. I have signed up to view my experian credit report, and have a healthy score with absolutely no sign of this loan anywhere. Thank you anyone who has read all of that, and I really hope you can help! EDIT in order to write this I referred to all of my documents, and realised I'd never checked the recorded delivery status of the CCA I sent. Having now logged in and checked on the post office website it looks asthough this hasn't been delivered. The address was a PO box but I was assured at the time of sending that this was still possible. In addition to this, the £1 payment that they are claiming could have come fron nowhere other than the postal order I enclosed.
  10. I've recently received a claim form for a debt originally with Quick Quid and then assigned to Motormile Finance, MMF is the Claimant and it's been issued by Optima Legal. I've heard about enforcability issues with Quick Quid in the past, is that still the case? Any help would be appreciated. Thanks
  11. Good Morning, I am after a bit of help, as I am now getting worried. At the begining of this year, I received a letter from Rockwell chasing a debt for their client (arrow global limited) that was for an original creditor (HSBC Bank). The amount was for just under £5000. I received 2 further letters from Rockwell, and then in March I recevied one from Fenton Cooper, who i beleive are the same company. I have a credit report from Experian from September 2011, and there is nothing on there about this debt I have a couple of small defaults on there that have a status of 8 but the balances have been satisfied (so I guess these will just drop off after 6 years?) and then the other items on the report are my active accounts. There is nothing on there for HSBC, Arrow, Rockwell or Fenton Cooper. I did have a HSBC account years ago, but nothing would have been paid on it or any activity for 8 or 9 years. I am pretty certain that this debt is Statute Barred, so is unenforceable? Should I fill in the defence form? what is the the correct wording to use, and do I need to only send the defence form back or do I also need to write to anyone else? the issue date of the claim form is 18th June (I received it yesterday) so I need to make sure I get it replied to in time! Thanks in advance.
  12. I am at the stage where I have responded to claim forms on line and I have requested all relevant information from the two solicitors concerned. I have a week left to post a defence on line and I dont know what to do. I was made redundant twice over the past two years and I have tried to agree payment plans with these guys, but they have just gone legal on me. I didn't want them to just pass these debts over to a collector, so I am defending myself. The agreements are from 1994 MBNA and 2004 HSBC and the more I read from this site they may well be un-enforceable................... URGENT help is needed here guys, I'm a complete novice depending on you!
  13. hi, i requested a CCA a while ago which i never received. i'm no longer being chased for the debt. my credit file still shows a #8 default- can i have this removed? thanks, kristian hi, i sent a request for a CCA but didnt use recorded. i did however enclose a cheque that was cashed- is this sufficient to prove they received the request? its been a couple of months. what is the next step? ive read snippets of "they are commiting a criminal offence" and "complain to oft, ts, etc" but i cant remember where i read it and i cant find it anywhere. please help! who do i contact and is there any templates? thanks, kris
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