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    • I cant think of any other explanation and it does mean the virus is spreading, transmitting and mutating. I understand some of the lockdown restriction removal, but removing mask and distance is just madness, but I suppose people were heading that way anyway with Johnson and crews antics and messaging.
    • No, I am asking for help and was actually dithering about the petition. Please take it off if you think not helpful. Thanks!   
    • i was simply airing on the side of they never got it for whatever reason. its not really an issue that do date you've not got the statements cabot aren't chasing and rarly go anywhere with OD debts, they simply hope most people are mugs and think a DCA has magical powers.  
    • Added about CPR PD 16 (7.3)(1) in into and ending   In the County Court at xxxxxxxxxx                                                                                            Claim No. xxxxxxxx Between: Lowell Portfolio I Ltd (Claimant)   And   Jasonaaa (Defendant) Witness statement of Jasonaaa I, Jasonaaa, at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, will say as follows: INTRODUCTION 1.       I am the Defendant in this case and will be representing myself. The facts contained in this statement are known to me, save as where expressly stated and are true to the best of my knowledge, information and belief.   2.       It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt with costs to maximise profit.   3.       As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debt (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   4.       With regards to paragraph 4 in the Claimant’s Witness Statement they claim:   ‘The original agreement is not exhibited because: a.       A copy was provided to the Defendant at the outset; b.       There is no legislation requiring the Assignor to retain a copy of the original Agreement; and c.       The Claimant does not now have access to a copy of the Agreement.     DEFENDANT’S RESPONSE TO CLAIMANT’S WITNESS STATEMENT 5.       The Defendant states that no letters have ever been received from the Claimant (including any Notice of Assignment), with the first contact from them being this claim. Therefore, the Claimant is to put strict proof to their claim by providing proof of delivery for these letters. If the Claimant cannot provide this, then the Defendant invites the Court to strike the claim out based upon a failure to adhere to Paragraph 6 of the Practice Direction – Pre-Action Practice and Protocols.   6.       The Defendant claims that his request of November 2019 under the CPR 31.14, of which the Claimant has confirmed receipt, for the disclosure and production of a verified and legible copy of the Agreement has not been adhered to, by way of the fact that a Service Contract is entirely missing from the Claimant’s evidence.     7.       It is accepted that the Defendant has in the past had a contractual relationship with Vodafone.   8.       A Default Notice is a technical notice required by the Consumer Credit Act 1974 in certain circumstances in relation to credit agreements. The Claimant will argue that the debt does not arise from a credit agreement, and is therefore not regulated by that Act, no Default Notice would have been sent. Whilst this might be the case, this does not exempt the Claimant from following Contract Law, where it is stipulated that where there is an official contract in place and there is an alleged 'breach of contract', the Claimant is lawfully obliged to send notice of this breach, and to have given a reasonable amount of time for the breach to be remedied. The Defendant argues that he has not received any correspondence, in line with Contract Law, to notify him of the alleged breach. As such, the Defendant argues that the Claimant has not behaved properly, both in Pre-Action Protocol, nor have they followed the official guidelines set out by Contract Law in the issuing of the Default. The Defendant invites the Court to strike the claim out, on this basis, and argues that the Default is unlawful and should be immediately removed from the Defendant’s credit file.   9.       Considering the above, the Claimant has failed to provide evidence of assignment/balance/breach as requested by CPR 31.14 and the Claimant is put to strict proof to: (a) show how the Defendant has entered a Contract; and (b) show how the Claimant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   10.   As per CPR 16.5(4), the Defendant alleges the Claimant has not proved their allegation that the money is owed.   11.   As the Claimant alleges to be 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.   12.   The alleged amount claimed includes an early termination charge amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge, which 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.       ORDER SOUGHT   13.   As the Claimant has been unable to disclose any agreement upon which this claim relies as per CPR PD 16 (7.3)(1) Where a claim is based upon a written agreement:   ‘a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing’   the Defendant respectfully invites the court to strike out the Claimant’s statement of claim.   STATEMENT OF TRUTH I believe the facts stated in this Witness Statement are true.   Signed: Jasonaaa Dated: 27 July 2021
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12 days up for lowell


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hi all just a update lowells 12 days was up today have not heard a thing whats the next step :o thanks marjie06

Just an update to what ?

 

Have you an existing thread dealing with lowells ? If so you should use that to update on :) That way people trying to help you can see exactly where you are upto and what steps you have taken. It also makes it easier for yourself :)

 

 

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Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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  • 2 weeks later...

hi all reqested a cca from lowell on the 7th february there 12days was up on the 25th still no cca just received a text message from BT to ring them asp any body received one of these texts before:mad:

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hi all can some one please point me in the right direction for the letter to send to lowell to stop them arrassing me by telephone i have had about 3 in the last hour still no cca:mad: thanks

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Hi all i wrote to capital one requested a cca on the 6th february this is what they have sent me advice would most appriciated thankyou:) i will post the documents up

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Here you go Marjie:

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

 

If you've send the CCA request and they've sent nothing then sit tight. The ball's in their court, not yours. Send the harrassment letter and forget about it until they come up with something actionable. They won't.

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If that's all you got it's a 'no' from me:D

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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I notice on the CAP 1 letter they refer to 'the document' that they didn't need to send, (Oh really).

 

Are they going out of their way not to call it 'the agreement', or am I just being suspicious of their motives?

 

David

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This is wholly unenforceable

 

They do not even make an attempt to refer to the T and C's in the signature document (for example: "for interest rate see scetion 186.1(a)")

 

Though even if it did it would still be unenforceable, the case of Wilson v Hurstanger at Civil Court of Appeal held that the prescribed terms must be found in the signature document and cannot be found in a seperate document/leaflet

 

They are up the creek without the wooden movement type thingy

 

Good case here for all interest back

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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The non complicace letter i posted on your droyds thread would be fine.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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As you may have learned from this forum they are quite easily dispatched, even if my third one did need TS:p

All comments are well meant but i am not legally qualified only CAG educated:D

 

 

In the slight chance i have been helpful please click the scales:)

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You can stop those texts by ringing this number 0800 587 5252.

Lloyds TSB (SARS) request sent 9th June 2006

£2191 Moneyclaim Issued 11/08/2006, Acknowleded 17th August Defence 14 Sep, AQ returned 5/10/2006.SETTLED IN FULL £2,670 26/11/2006/ Lloyds Credit Card SETTLED IN FULL £267

MBNA SETTLED IN FULL 15/09/2006 £829

Citicard (SARS) request sent 22nd June 2006 Moneyclaim issued 19th Sep, Defence and AQ received 5/10/2006, AQ returned 5/10/2006, part refund received 10/10/2006

GE MONEY SETTLLED IN FULL £400

Barclaycard Me and Mrs SARS sent 19/10/2006 settled £350

Welcome Finance PPI 2 accounts one settled £1018 waiting on other

GE Money PPI 1 account settled 8/5/2008 £560 2nd account SETTLED IN FULL £3,599.78p 15thAugust 2008

Lloyds TSB PPI CC complaint sent 10/04/2008

Black Horse PPI with FOS 20/05/2008

HFC PPI complaint sent 22/05/2008

 

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HI ALL A UPDATE WITH CAPITAL ONE I HAVE RECEIVED A PHONE CALL OF A VERY URBRUT WORMEN SAYING I NEED TO PHONE CAPITAL ONE URGENTLEY 9 TILL 7 MONDAY TO FRIDAY I PERSUME THEY HAVE RECIEVED MY SECOND REQUEST LETTER ANY ADVICE PLEASE:mad:

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Yes, DON'T PHONE THEM!!!!!

 

You've written to them and they have to respond in writing. :)

Mr & Mrs Ananya's story so far -

Welcome Finance - account closed - no CCA - 02/07 - £1500

NatWest - settled in full 09/06 - £600

NatWest - settled in full 06/07 - £72

Verso - Settled in full 07/08 - £2002

C.K. Edrupt/Provident - account closed - no CCA - 04/07 - £640

Littlewoods/Shop Direct - 2 accounts closed - Statute Barred - 04/10 - £800

D.C.A.s who've given up so far -10

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hi all a update on our freinds in leeds:lol: received this letter today, still no reply to my request for a copy of a cca i will post it up, any advice on a letter to send next please your advice would be much appriciated :) thanks

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