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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • dx100uk
      JCI/? Claimform - old OVO dual fuel debt

      By dx100uk · Posted

      thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • honeybee13
      Booking.com host cancelled our accommodation - how to get a refund

      By honeybee13 · Posted

      Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • FTMDave
      Booking.com host cancelled our accommodation - how to get a refund

      By FTMDave · Posted

      I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • honeybee13
      Booking.com host cancelled our accommodation - how to get a refund

      By honeybee13 · Posted

      Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Cagney18
      JCI/? Claimform - old OVO dual fuel debt

      By Cagney18 · Posted

      Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt 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 ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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 assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  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

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      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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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

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cymruambyth

By cymruambyth
in Debt Collection Agencies

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42man

42man

Posted
Posted

I'd say if they have not included any default notices then they have NOT complied with your SAR Cymru....!!

 

A default notice has to be compliant, and has to give you 14 clear days to remedy a lot of companies have been sending out defaults on a specific date then stating that the arrears have to be cleared in 14 days of the date on the letter, in cases like these they have NOT allowed any extra days for service of the letter, and unless they are able to deliver the letter on the same day they type it, then it clearly does NOT give 14 days to clear the arrears. This makes the default notice invalid !!

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cymruambyth

cymruambyth

Posted
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Hi,

As I was going away for a couple of weeks and had received a 'contact us urgently' letter , so I phoned........(I know I shouldn't but was feeling in control)...........they asked why I wasn't paying said because in dispute and waiting paperwork.........'am I refusing to pay'...until I receive all the paperwork requested.......'account will be passed to a DCA, am I happy with that?'.......yes...goodbye.

Account is in dispute, though they are denying my complaints, so I'm preparing letters to be adapted when a DCA contacts me.

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RedVixen

RedVixen

Posted
Posted

Hang on so they aren't supposed to send it on while its in dispute - did you tell them that bit - OFT complaint for that

 

Another call centre monkey whop doesn't know what they are talking about

If you can keep you head when all of those around you are losing theirs try parking your helicopter somewhere else

 

 

The PPI Saga

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cymruambyth

cymruambyth

Posted
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Posted

Yes he tried to be clever and getting me to admit that I wouldn't pay; however every statement I made was qualified with account in dispute as you have failed to supply paperwork requested.

I'm away and have loads of paperwork to try and compile a few letters of complaint :)

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cymruambyth

cymruambyth

Posted
  • Author
Posted (edited)

LTSB have written to say that 'copies of default notices are not kept' however they can confirm the default dates........

 

They also argue that as money from loan paid into b/ac this is ufficient information.

I have again requested copies of default notics and asked if copy of CCA was from a microfiche or a paper copy.

Any comments or suggestions would be appreciated.

Also...o/d had been passed to AIC, but we have had no notice of assignment and all letters addressed to OH and nothing to me when it is a joint account.

Thnk you

Edited by cymruambyth
extra ino
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cymruambyth

cymruambyth

Posted
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Posted

I've now had a letter from Sechari, Clark & Mitchell, threatening court action if I fail to pay the full amount of my loan in 7 days. I can use a cheque, postal order, debit or credit card.

I was thinking of sending an account in dispute letter plus a copy of the letter I'm sending to LTSB stating in reply to their last letter:

1) I have proof of sending SAR, despite them denying that they received it

2) failure to supply default notices (they say they haven't kept them)

3) bank not aware that I'm dispuing debt, details given of letters proving this

4) bank doesn't keep documents; therefore is the copy of my CCA taken from a microfiche or paper?

I have a horrible feeling that I'm going to get a SD on this so I'm trying to check on all my options, any suggestions would be gratefuly received.

Thank you C

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cymruambyth

cymruambyth

Posted
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Posted

Hi thanks bb, hope you are well.

My only real grounds for complaint are that LTSB have failed to supply default notices as they 'don't keep them' plus I'm about to seek clarification as to whether CCA supplied is a photocopy or from microfiche.

These should be sufficient to dispute everything shouldn't they?

I'm away and don't have everything saved onto my laptop!

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cymruambyth

cymruambyth

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Posted

Does this seem to cover evrything or can anyone think of anything that I can add?

Thank you

 

Dear Sirs

 

I refer to your letter of XXXXX 2009, the content of which are noted.

 

On (date) I made a formal request to your client for a Subject Access Request under s.10 of the Data Protection Act 1998. They have failed to comply within the statutory time limit, as they have advised me that they do not have copies of certain documents that I have requested.

 

In addition, in your letter you stated that payment could be ‘either by Debit or Credit card’, which contravenes the Office of Fair Trading Guidance on Debt Collection:

 

‘Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing’

 

 

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches. Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

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babybear39

babybear39

Posted
Posted (edited)
Does this seem to cover evrything or can anyone think of anything that I can add?

Thank you

 

Dear Sirs

 

I refer to your letter of XXXXX 2009, the content of which are noted.

 

On (date) I made a formal request to your client for a Subject Access Request under s.10 of the Data Protection Act 1998. They have failed to comply within the statutory time limit, as they have advised me that they do not have copies of certain documents that I have requested.

 

In addition, in your letter you stated that payment could be ‘either by Debit or Credit card’, which contravenes the Office of Fair Trading Guidance on Debt Collection:

 

‘Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing’

 

 

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches. Furthermore, I reserve the right to bring the conduct of your client to the Court's attention when the issue of costs is being considered.

 

Yours faithfully

 

Just nit picking sorry lol...Letter is very good, nice, clear and precise :)

 

I'm doing ok today thanks for asking earlier. Hope you had a great Easter weekend (DCA's excluded).

 

Highlight section 'b' in case they don't get it.

Edited by babybear39
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cymruambyth

cymruambyth

Posted
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Posted (edited)

Thanks I happy to receive any 'nit picking'! It's always much easier to see 'faults' with other people's work, as everything I have written seems to be correct!!!

Easter was great, hot and beaches to walk on, shame we are back to rain today, but atleast there are fewer dogs for mine to chase!!!:eek:

Edited by cymruambyth
there or their.....
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cymruambyth

cymruambyth

Posted
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Posted

I've spoken to a very polite female today.......

Can I speak to you regarding a recent letter we have sent you

I will only communicate in writing

Are you gouing to reply to our letter?

Which letter is that as I sent a RD letter last week.

Was it to **** solicitors

Yes

I'll go and check for it.

Thank you.

Maybe they have been reading CAG and have heard of all the recording devices:D or they are worried that they will be investigated soon......

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