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    • It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything
    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
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    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
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Lowell portfolio and barclaycard


homerref
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Hello there an bit of advice would be really helpful here please

 

Lowell portfolio and RED debt collection have both written to me in the past 4 days concerning and old debt with Barclaycard from 1999

 

This is a debt that i beleived was paid off in february 1999 under the remit of a CCJ granted in 1996

 

I have had no contact with either Barclaycard ,their appointed solicitors or any court official since that final payment in 1999.

 

Consequently i find myself wondering if i am going to be liable for a debt which i believe to be satisfied .

I have contacted Barclaycard who would only say that my file is one of thousands that have been purchased by Lowell and that matter is nothing to do with them and cannot help me .

 

I have read on the net and this site about statute barred but i am not sure if this applies to this case even though there is no record of this CCJ on my recent credit reports

 

any advice would be greatly appreciated

 

cheers

homerref

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In this case I would send a simple "prove it" letter.

The onus is on RED debt to prove that the debt is valid and owing.

 

It seem RED/Lowells have recently "purchased" a whole raft of extremely old debts.

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

As and when they respond keep us updated and we'll help.

Be VERY careful whose advice you listen too

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  • 2 months later...

apologies for a lack of any update but i dint want to tempt fate

as advised i sent a standard letter to lowell portfolio and have not had any further communications from lowell or red debt collections

fingers crossed

and thanks for your help and advice

homerref

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Thanks for update, Homerref.

 

Your thread's here in BC forum now - probably it was in Debt forum before? May have been moved in big Debt Forum reschuffle a few weeks back.

 

No worries - if they start to hassle you again, shout and we'll help.

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