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    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
    • I've had to hide two of your posts.  Anyone clicking on your links gets sent to external sites.  On top of that your real name is showing on one screenshot.  Fellow Site Team member dx100uk has already politely asked - Anyway, jk2054 wants to see the communication you got from your local court which will have told you about the hearing date of 17 June, and will have mentioned a deadline for filing your Witness Statement.
    • I believe it is helpful to seek guidance from a range of places and decide on the validity of the sources and frequency of responses which are most helpful. A single voice can be a dangerous thing. As, of course, can groupthink. Scott, it feels like £4k on a solicitor for a £1.5k bill is overkill. Were we back in time I'd suggest small claims court as your claim sounds like it may be straightforward? By all means add that phrase on. I also suggest you contact the court and go and sit in on a couple of similar cases to get a better understanding before you shell out.
    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... 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 .  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 CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . 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/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH 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] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    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. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 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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lowells again


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Edited by silverfox1961
document shows too much

If you are asked to deal with any matter via private message, PLEASE report it.

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Try yet again!!!:evil:lowellsletter.jpg

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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That took a while to get sorted.

 

fox

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LOL Huggy

 

You never know they might have an archive.

 

Once their time limit is up, do i send the "account in dispute" letter and if so is that by recorded delivery too?

 

I'm worried that if they can't find the CCA then they'll send it back to CAP1 and they'll start chasing me.

 

fox

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LOL Huggy

 

You never know they might have an archive.

 

Once their time limit is up, do i send the "account in dispute" letter and if so is that by recorded delivery too?

 

I'm worried that if they can't find the CCA then they'll send it back to CAP1 and they'll start chasing me.

 

fox

 

yes you will need to send off this account in dispute letter after the 12+2 days. post recored just to be on the safe side

PHOTOBUCKET TUTORIAL IS NOW DONE HERE IT IS

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Thanks huggy. Officially their time runs out tomorow night so the letter will be posted on wednesday. I'm not waiting on them.

 

So it was you who did the video. I saw it once but then lost the link.

 

someone else did a step by step guide which i followed and it worked but i left some identifying material on it so i tried various ways of editing it and failed. The only way that worked was to delete the letter from within the post then go to photobucket and reload it but it kept putting up the original one. I ended up going into my own saved image, renaming it and reposting. that did it.

If there is an easier way to edit, could someone let me know

Ta muchly

 

fox

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ARRGGGHHH! I'm going mental!:confused:

 

I have seen somewhere on here an "account in dispute" letter to a DCA where they have failed to provide the CCA in time. The only one i can find is where they've only sent partial details. I'm not clever enough to write my own and I'd like to "borrow" someone else's;)

Any help appreciated

 

I've been having random thoughts again (I know, not good for me)

If i were to complain to the financial ombudsman and they investigated Lowells, it costs them £450+. As the full and final settlement they want me to pay is just over £300 could I not just throw back at them that if they don't drop this case, I would go to the FOS, costing them more than they would get back.

I know it's a useless idea but I do like to throw them out occasionally:)

 

fox

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Waste of a stamp and an envelope IMO, they are days/weeks away from closing your file based on my experience and others on here.

 

However, this may be the letter you were thinking of?

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

DON'T hand sign it.

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Thankyou fiftypence. That's the one i was looking for.

 

I want to send the letter for my own peace of mind and to put them on notice that I'm sick of their BS. I'm going to ask for a copy of their complaints procedure too.

 

thanks again

 

fox

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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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After their letter stating that they had to go back to the OC last week for a copy of the CCA (despite the fact that Lowells bought the debt and should have all the paperwork) got letter today saying thank you for your recent correspondence etc.

 

We are currently reviewing your offer and will be in contact shortly. In the meantime your account has been placed on hold.

 

It would be helpful for us to speak to you and we would be grateful if you would contact us blah blah blah.

 

Just one of their ploys for me to ring and say "i haven't made an offer". Their deadline is Thursday cant wait, I really do look forward to opening my mail now to see what surprises I am going to receive. Although no post means no CCA and no CCA means "you are not getting another penny".

 

Hammy

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I agree with fiftypence. You are wasting a stamp by corresponding with these muppets. They are the so called professionals and as such should be fully aware of their legal responsibilities. Its not your job to remind them. Another letter to them may just encourage them to look harder for your CCA

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Thankyou fiftypence. That's the one i was looking for.

 

I want to send the letter for my own peace of mind and to put them on notice that I'm sick of their BS. I'm going to ask for a copy of their complaints procedure too.

 

thanks again

 

fox

 

I would be interested to know if you receive anything regarding their complaints procedure - I rang them asking for a copy of it and apparently they don't have one ha ha! They said I should just write in with my complaint:-? Wunch of Bankers!

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Thanks for your comments.

Now i'm in two minds about sending the letter so I'll hold off for a few days to have a good think. I'll wait for them to contact me again (they're bound to-eventually)

 

I'm just worried that once they do find it they hit me for the full debt and maybe take me to court. I know that's not such a bad thing but due to my illness , I can't guarantee to be fit enough to attend court and i can't afford a brief.

What about a complaint to the FOS though. Do I have grounds or am I jumping the gun?

 

My brain hurts!!:rolleyes:

 

fox

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They are offering you discounts to settle the debt, why? Coz they can't find the paperwork. If they can't find the paperwork they can't take you to court, they need documents to do that and they haven't got any.

 

Taking you to court costs them money with the possibility you have no assets/income so they could be out of pocket big time by going through the courts thats why they don't often take people to court, only as a very last resort.

 

Even if they did take you to court if you are on benefits the court will probably order you to pay £1 per month, they cannot and will not ask you to pay in full even if the DCA comes up with all the right paperwork.

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Thanks again fiftypence.

You have convinced me. I'll keep a low profile for now and wait to see what the post brings.

 

The only asset is my car and as I'm registered disabled, they can't have that either.

 

If they start pestering me again without a CCA then the letter you provided will be used. I feel a little less stressed now.

It's great to have people like you around to advise me. I think a few tickles are in order to you and ODC

 

fox

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Morning all (looks at watch, yup still morning-just:D)

Got another letter today and ODC has it spot on so far (see post 25)

 

lowells11novedit.jpg

 

I'm a bit disappointed that they haven't reduced the F&F but I'm not that fussed. I don't mind paying the debt BUT at a level I can afford. If they do find the CCA(however unlikely) then at least with the template letters on here, I'll be able to attack instead of defending.:)

 

fox

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Funny about the last letter (30/10/08) when they offered me the F&F settlement. they gave me 24 hours to agree but on this one they still have it open???:D

 

fox

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Capone being Capone will NOT have anything resembling a properly executed CCA. I think it safe to assume that the next letter you get from Andy Bartle will be their sorry for bothering you apology letter.

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Funny about the last letter (30/10/08) when they offered me the F&F settlement. they gave me 24 hours to agree but on this one they still have it open???:D

 

fox

 

They are templates. Mine were the same, discount of 60% provided I pay it off 4 days BEFORE receiving their offer, then an open ended 60% discount offer then file closed :rolleyes:

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ODC &Fiftypence,

I do really hope that's what happens but I won't be holding my breath.

Thanks again.

 

fox

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Unless your Crap One agreement is of recent vintage it WILL be UNENFORCEABLE.

 

Remember CAPONE have sold this alleged debt on to Clownells for about 10p in the pound. They have written it off and got tax relief on it. Clownells only exist to make money out of peoples misfortune. Do not feel in the slightest bit guilty about using the law so that you do not have to pay them.

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