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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   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? No   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 ? In a garage  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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 on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Lowell finacial/Lowell Portfolio 1


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As I have said before WAIT and see what they actually come up with. If Mr Bartle was so sure that he could produce a Valid CCA along with all the prescribed terms he would not be offering a discount to you. The letter is designed to get you to pay up without seeing the CCA. If they produce a Valid CCA along with all the prescribed terms and you decide to pay them then there would be no need for a court case. He is using this as a threat to get you to pay now.

 

Just wait to see what if anything these idiots come up with and pay no attention to empty threats

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The letter is a collections tactic to entise you to make a payment, part of the negotitation strategy employed by lowell. I would not pay a penny until they provide the CCA and then I would demand confirmation of all the information they hold of you. Alot of the information is mistraced or could be fraudulent. See Equifax website for more information about issues of fraud and how to remidy it.

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Have recieved another letter from Lowell's this morning.

 

Dear Mxxxxxxx

Following your recent request to be provided with a copy of the original credit agreement in respect of consumer credit act. I can confirm our client has yet to furnish us with the agreement.

 

I can confirm however capitol one are still in the process of retrieving the required paper work and once this has been forwarded onto us a copy will be posted to you.

 

There will be no further correspondence from us until the agreement has been recieved at which point we will require payment in full.

 

you still have the option to pay xxxxxx as full and final settlement in order to bring this matter to a close. after which we reserve the right to proceed to collect the full balance.

If you want to take the offer and bring the matter to a close phone number below

 

 

The last letter I recieved from them gave me 72 hours to accept the offer.

well still no cca and the clock is ticking it is now 24 days since they recieved my request for cca. do I just carry on sitting tight

many thanks for any advice

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Pity Andrew Bartle didnt have proof of the alleged debt before he started chasing it. Even if they do manage to come up with some paperwork from CAPONE its very likely that this will just be an application form which does not contain the prescribed terms and is therefore U N E F O R C A B L E

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Thanks ODC I am beginning to think they are just trying it on and hoping I will give in to there scare tactics, must admit I was scared at first till I found this great forum, now I am not a bit afraid and look forward to the post each day

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  • 3 weeks later...

Following your recent request to be provided with a copy of original credit agreement in respect of the consumer credit act i can confirm our client capital i has requested that your credit agreement be retrieved from archive.

Once your agreement is retrieved you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest.

In an attempt to resolve this matter in an amicable way I would like to offer you a settlement to bring this matter to a close.

As long as payment is with us by 23.2/08 I am willing to accept £487.60 as full and final settlement on your account. if payment is not recieved within the time we reserve the right to proceed to collect the full blaance.

I you want to take the offer and bring the matter to a close then please call the number below

 

All of that is just another official way of saying..."please pay us now & even if you dont, nothing will ever happen" :rolleyes:

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Subbing with interest, as a new inductee into the Lowell Fan Club!

 

They are the third DCA to be instructed by HBOS to recover a disputed balance, and they ain't likely to have any more success than the first two. I did notice that they claimed to be acting on behalf of "Lowell Portfolio 1" but, since the debt is disputed and I haven't had a Notice of Assignment, I put it down to an attempted [problem].

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Lowell Portfolio/Lowell Farcical/Red Debt/Hamptons are all trading names of the Lowell group. I suspect the use of so many names is more an attempt at tax avoidance and scarin g people into thinking they are more bigger than they really are. What it boils down to is the same garbage being generated by the same idiots using different notepaper.

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I sent them my standard "this is in dispute" letter then got the "we're sending the boys round" one from them. I'm giving them the benefit of the doubt in that the correspondence may well have crossed, so the ball's still in their court.

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"we're sending the boys round" one from them. I'm giving them the benefit of the doubt in that the correspondence may well have crossed, so the ball's still in their court.
That would be their imaginary, invisble hilariously named 'Licensed Field Agents'. They are a rare phenomena as NOBODY has ever seen them yet. They are I suspect a figment of Mr Bartles vivid imagination:rolleyes:

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Oh YES! He sure as hell does!

 

Google him!

 

Try THIS for tasters....

 

A life in the day of ... | Credit Management | Find Articles at BNET.com

 

:mad:

 

I really deserve a click on the scales for this? Please?

 

:D

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LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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UPDATE

Recieved this letter from Lowells this morning.

Dear xxxx

We refer to your recent request for a copy of original credit agreement (Capitol 1 ) of the consumer credit act 1974

After liasing with our client in an effort to obtain this document we have been advised that it is no longer available. Under the circumstances we have closed our files in relation to this account which has now been returned to our client. we can confirm that no further contact will be made by us regarding this account

 

Yours sincelerle

Andrew Bartle

 

Does this mean I will not be hearing from anyone again or will capitol1 try and sell this onto someone else even though it is 8 years old

many thanks for advice

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Oh YES! He sure as hell does!

 

Google him!

 

Try THIS for tasters....

 

A life in the day of ... | Credit Management | Find Articles at BNET.com

 

:mad:

 

I really deserve a click on the scales for this? Please?

 

:D

 

 

......And they are now officially one of the fastest growing companies in the UK. InsideARM: PR - Debt Purchaser Lowell Group Named VC-Backed Business of the Year How sad is that??

What next, awards for bogie eating ?? Grave robbing ??

 

Surely any civilised society would be ashamed of such an accolade.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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......And they are now officially one of the fastest growing companies in the UK. InsideARM: PR - Debt Purchaser Lowell Group Named VC-Backed Business of the Year How sad is that??

What next, awards for bogie eating ?? Grave robbing ??

 

Surely any civilised society would be ashamed of such an accolade.

 

I think I'm in danger of throwing up my lunch having read that!

 

Kate Silvertongue of the BBC has gone down in my estimations!

 

:(

LOWELLS-Stat Demand Set Aside-No CCA & Statute Barred-£1800-Gone Away-April 2008

 

Scotcall on behalf of Cabot-£2200-no CCA returned to Cabot-file closed-March 2009

 

Cabot-Court Claim issued despite no CCA and Stat Barred-Claim discontinued-March 2009

__________________________________________

 

IF I HAVE BEEN HELPFUL PLEASE CLICK MY SCALES. :)

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Looks like Andrew has failed again. Most old Capone agreements are unenforcable. Lowells will probably try to palm this off to their Kilmarnock pals in order to make a few quid. If MH get in touch you can refer them to Lowells who are in default of your CCA request.

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UPDATE

Recieved this letter from Lowells this morning.

Dear xxxx

We refer to your recent request for a copy of original credit agreement (Capitol 1 ) of the consumer credit act 1974

After liasing with our client in an effort to obtain this document we have been advised that it is no longer available. Under the circumstances we have closed our files in relation to this account which has now been returned to our client. we can confirm that no further contact will be made by us regarding this account

 

Yours sincelerle

Andrew Bartle

 

Does this mean I will not be hearing from anyone again or will capitol1 try and sell this onto someone else even though it is 8 years old

many thanks for advice

 

Dont hold yer breath.:mad: I recieved the same letter,and a week later I recieved a letter telling me I was to pay and also a copy of my agreement(not) It was an application form.:grin: see post here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/122926-help-3.html

 

Looks like Andrew has failed again. Most old Capone agreements are unenforcable. Lowells will probably try to palm this off to their Kilmarnock pals in order to make a few quid. If MH get in touch you can refer them to Lowells who are in default of your CCA request.

 

I dont understand the Kilmarnock bit??? Or MH???

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Lowells seem to pass all their unenforcable debts to their good buddies Mackenzie Hall of Kilmarnock.

 

Cheers.:grin: Who are these people, and what can they do once they get passed this debt?

 

Still they wont have to use much petrol the price it is now. I'm on the east coast of Scotland. So a nice wee day out for them, if they call at my door.:grin:

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