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    • the debt is statute barred. no to mediation.  
    • Just to clarify the position regarding the question as to whether a bailiff is legally permitted to seize a vehicle that is far in excess of the amount of debt requested.   In this case, the council tax debt at the time of the Notice of Enforcement was £500. Unfortunately, instead of contacting the company to enter into a payment arrangement,  the matter was left and had resulted in a bailiff making a personal visit and the debt has now increased to around £750. From your initial post, your car could be worth approx £5,000.    Vehicles are of course a preferred asset to seize. However, the legal position is that if the bailiff is able to gain 'peaceful entry' into your home and by doing so, is able to seize sufficient goods to clear the debt and bailiff fees, then he should not touch the car. If however, he is unable to gain entry....OR....there are not sufficient goods in the property to cover the debt.....then he is legally permitted to remove (and sell the vehicle).    You need to be aware that a £5,000 car would likely raise significantly less than this when sold. Enforcement agents sales are generally auction sales (usually online). Because it would not be likely that the vehicle is sold with a V5C (Log Book) or service history, this would affect its sales price. From any sale, the enforcement company would need to deduct approx 14 days of storage fees (this could be up to £40 PER DAY). Auctioneers fees would also be deducted.         
    • Yes the next step I think is a letter of claim. If you are not familiar with them already then please read up on this forum the steps involve taking a small claim in the County Court. It's not difficult but it's worth knowing the steps in advance so that you will be confident. Draft a particulars of claim and post it here. Keep it short and sweet
    • Hi. Many thanks for your continued help. I will follow the advice and not get involved with phone calls, email only. The house was repossessed by the mortgage company Southern Pacific not Central Trust, but they did try some years earlier. They seemed to be taking it in turns at one point. I don't remember saying the debt had been sold to them or anyone else, as far as I am aware the house covered the mortgage, I have never heard from them. I just don't understand the figures or the terminology they used to explain the costs, find it baffling and far from clear.
    • Merged witness and draft defence, deleting some paragraphs.. still too long?   1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 10 November 2021. However, the claim had not been served at my current address. Therefore, I was not aware of the County Court Judgment until I received a notification that it had been entered on my credit report. 2. On learning of the County Court Judgement on 15 November 2021, I immediately contacted County Court Business Centre to find out details of the Default Judgment. It was only at this point that I discovered that Capquest Investments Limited was the Claimant and that the judgment was regarding monies owed on an alleged credit agreement. On 17 November I received a copy of the judgment from the County Court Business Centre by Email. 3. I now know that the judgment was served at an old address (xxx). However, I moved to a new address on 8 January 2021 with my tenancy at the old address ending 5 February 2021. In support of this I can provide confirmation of two (2) Council Tax bills for my current address (xx) and previous address. See [EVIDENCE A and B] 4. On 12 September 2018, the Claimant wrote to the Defendant clearly stating that following a request from the Defendant for a copy of the signed Consumer Credit Agreement with the original creditor, that one did not exist. I had no reason to believe this situation has changed to date and, the Claimant having already written to my new address reporting of default sums notice under the the Consumer Credit Act 1974 did, purposefully, use an old address to gain a Default Judgement. See [EVIDENCE C] 5. I suggest the Claimant did not make reasonable enquiries as to my current address before pursuing the court order especially considering they had good reason to believe they did not hold my current contact details. As stated in the Civil Procedure Rules CPR 6.9(3) where a Claimant has reason to believe that the address of the Defendant referred is an address at which the Defendant no longer resides or carries on business, the Claimant must take reasonable steps to ascertain the address of the Defendant’s current residence or place of business. At the time of the County Court Judgment, my credit file showed my current address so I was there to be found by a simple trace. See [EVIDENCE D]. 6. The Claimant sent a letter dated 27 October 2021 to my current address which I received on 9 November 2021. This equates to only twelve (12) working days between the Claimant filing the claim and producing this letter. I must question why the Claimant would use two different addresses in such a short space of time if there was any doubt I no longer resided at the address they had on record. See [EVIDENCE E]. 7. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. 8. Considering the above, I as the Defendant was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside. 9. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 10. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  11. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the Defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 12. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.
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sam614
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recieved phone call on 1st dec asked to confirm name,address.d.o.b. to be told that my debt was now owned by lowell.asked for full payment of 1.200 by credit/debit card.i stated i dont know or owe you anything.was then told what the debt was.that they had brought it wanted full payment or arrangement to pay.i stated put it in writting and i will have to seek advise.this is a ccj on my credit file registered in 2003 i have never payed under the judgement and never had any further action taken by the creditor or court.before i could get advise after getting my credit file they are back on the phone very rude chap.saying i need to pay it is a very urgent matter and this will not be status barred untill next march.if not they will take me to court.again asked for this to be put in writting and asked not to be called again.to be told that by law they can call me 3 times a day . i said ok then my solicitor will be in touch for harrassment he put the phone down on me.i have had nothing in writting.and was called again yesterday and asked for payment or it will be returned to the legal department (again went through the put it in writting/dont call i will them seek advise about this as i feel you cant phone and demand money with no proof of ownership. i was then asked if it was my intention to drag this out untill march,because the debt will still be there even when it has been removed from my file.i put phone down.help needed please on what to do next.getting really stressed about this and am 6 months pregnant .thanks for any help

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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The next phone call you get - ask for the persons name.

If he wont give you his name then ask for an identifying number.

 

Once you have that tell him that if you receive another telephone call you will be issuing proceedings against Lovells under the protection from harassment act 1997 (more than 2 incidences constitutes harassment) and you will also be requesting in your action that the courts compel Lovells to give you his personal identity so you can issue a similar action against him.

 

These idiots need to know that they cannot indulge in this activity without being held personally responsible. Vicarious liability will only cover them so far.

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Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

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thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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recieved phone call on 1st dec asked to confirm name,address.d.o.b. Did you give them this info? to be told that my debt was now owned by lowell.asked for full payment of 1.200 by credit/debit card.i stated i dont know or owe you anything.was then told what the debt was.that they had brought it wanted full payment or arrangement to pay.i stated put it in writting and i will have to seek advise.this is a ccj on my credit file registered in 2003 i have never payed under the judgement and never had any further action taken by the creditor or court.before i could get advise after getting my credit file they are back on the phone very rude chap.saying i need to pay it is a very urgent matter and this will not be status barred untill next march.if not they will take me to court.again asked for this to be put in writting and asked not to be called again.to be told that by law they can call me 3 times a day . i said ok then my solicitor will be in touch for harrassment he put the phone down on me.i have had nothing in writting.and was called again yesterday and asked for payment or it will be returned to the legal department (again went through the put it in writting/dont call i will them seek advise about this as i feel you cant phone and demand money with no proof of ownership. i was then asked if it was my intention to drag this out untill march,because the debt will still be there even when it has been removed from my file.i put phone down.help needed please on what to do next.getting really stressed about this and am 6 months pregnant .thanks for any help

 

What is the debt for? and when did you last make a payment or written acknowledgement on it, although if it already has a CCJ I am not usre if the Statute Barred time frame still applies

 

Send Clownells the phone harrasment letter

 

Debt:: Letter Templates - Consumer Wiki

 

found under this link

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi Sam,

Glad you managed to find your way onto the forum albeit slightly the wrong one but that's ok. One of the site team will move it to the right place for you.

The leeds losers will badger you as much as they can so the easiest way to get them off the phone is not to answer the security questions. Keep a log of all the calls you receive.

If as you say the account falls into the statute barred stage next march, then Lowlifes would have to apply to the court to enforce and explain why they have taken so long in enforcing it.

Did you know about the CCJ.

As well as sending off the CCA request I would send them this:

 

Your Street

Town

City

Postcode

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

Harassment by telephone

 

FORMAL COMPLAINT UNDER THE CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

 

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.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

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] (type don't sign)

 

 

Fox

 

 

 

 

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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sorry if im in wrong area,first time on.yes i was aware of the ccj .it was placed on my credit file by barclays bank in march 2003,i have never payed the judgement.and never heard anything again till 1st dec 2008.no letters.no calls.no debt collectors,no futher court action.basicaly just sat on my file.have lived at this address for 20 years,same phone number.so its not as though i could not have been contacted,but they are saying that they have just brought this debt and can take me to court to (enforce it) before march.including detachment of earnings,goods removed etc.this has scared myself and partner who lives here and he is saying he will borrow the money from family.pay them and they will go away.the ccj was for 1.229.06 .first caller asked for 1.200. other said you owe us nearly 3 thousand so we can keep calling you.cant get anything in writting.just want to sort it.but not letting partner ring and just pay any amount they claim.1.229.06 is amount still showing on my file today,so nothing has been added over the years.thanks for replies will send phone harrassment letter

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Thread moved to DCI forum.

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Obviously the Leeds Losers are totally unaware that a CCJ has been issued. They are the ones who brought up the point about the alleged debt being Statute Barred in March next year. A CCJ does not become Statute Barred although after 6 years they would have to go back to Court and satisfy a Court as to why they had not tried to enforce the CCJ. I woild send Clownells the Stat Barred letter because if there was a CCJ issued against you 6 yrs ago its likely that the last payment was made a good few months before then.

 

Remove details of the figures quoted from your origianl post as the ''Guests'' from the Leeds Losers may be able to identify you from them.

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Hi if you have asked them to stop phoning and they still call

I just go on about the weather what im going to buy from the shop

should i do the horses today and the lotto also i say 1 min then shout as if im talking to the wife

GET ME 60 FAGS AND 24 CANS OF LARGER ALSO GET 2 BOTTLES OF RED WINE ALSO SEE IF THE SHOP WILL CHANGE 60 QUID INTO POUND COINS FOR CARDS TONIGHT

this really pees them off cause they think you just wasting money and they not getting any

when you say hello again and they go on about the outstanding amount just say i dont want to talk about that im skint HOWs they xmas shopping going

they then say stop are you going to talk at the account NO but feel free to call again tomorrow as im bored here all day

Now that really pees them off

Regard DK

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Please Tip My Scales if Info was Use full

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sent cca request and harrassment by phone letters(recorded delivery)this morning.if they return cca and proof of ownership do i contact them with a payment offer as i think if a ccj is in place then they can still demand payment after it is removed from credit file not sure but i think it wont be statue barred

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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dont believe this ,just had a letter from these jokers.as follows. we now inform you that 7 days from the date of this letter(10th ) we intend to instruct our legal department to apply for a county court judgement to be registered against you by the courts,if successfull.dependent of your circumstances we will apply to the court to enforce.goes on to say in order to avoid the possible need to take LEGAL ACTION you MUST contact us NOW. telephone number and imformation that payment can to taken over the phone. so i take it that they are going to get a ccj on a debt with a ccj already on this.the same ccj that they told ME ABOUT .just dont know what to do can they get another ccj .getting really stressed ,thanks for all your helpxx

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Standard threatomatic generated by the Lowell Group. I have a bundle of those letters from them.

 

Their legal department is Hampton iLegal. Thats probably somneone with an O Level in Law.

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:D

Listen to ODC. The one and only Leeds losers specialist:D

 

fox

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I am just after going through my Clownell file. I must say it brought a huge smile to my face after reading through the pile of pooh that they have sent me over the years. Reading back through their so called scary letters now one cannot help but chuckle at their empty threats and their fancy names that they have for the various employees in their Leeds Threat Centre. I thought it was only Morecrap whop had the laughinly entitled Pre- Court Division. Lowells have the Pre Litigation Department and the Pre Statutory Demand Division or their specialist insolvecy departmen Red Debt. What a bunch of sad losers they really are. The best thing about it is that if they had behaved with just a shred of common sense and an minmum amount of manners then I would have probably have paid them. Instead they started up with threats and insults and promises of all sorts of nonsense. They got me riled and I found CAG. The alleged debts are well and truly Unenforceable and Statute Barred now. Thank You Lowells for giving me the strength and knowledge to take on your fellow parasites in you parasitic industry.

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Hi Sam, Welcome

 

Read as many threads as you can on this great site. You wil soon come to the conclusion that DCA's are complete POND LIFE:mad:

 

They will try every trick in the book to get your cash!

 

They dont play to the rules.

 

Remember they probably only paid 5-10p in the pound for your debt, or maybe it was given to them as a BOGOFF! buy one get one free, lol:D

 

Expect plenty more threats through the post at a letter box near you!

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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If you want to be bored, Have a look at my thread. Hopefully yours will follow the same pattern as mine.

It's a lovely feeling getting one over the lowlifes:D

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again.html

 

As my signature says (whenever I can manage 100+ words)

Silverfox 1-lowlifes 0

 

fox

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Sam, I am currently dealing with these. I have asked them for a CCA and so far am receiving the responses everyone here promised me I would. Don't let them get to you, they seem even less competent than some others I have dealt with and that really is saying something...

[sIGPIC][/sIGPIC]

 

Sabrina xx

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Sam - there's a heck of a lot of people on here that are either going through the same as you, with the nasty letters and phone calls, or have already taken action against the Leeds Losers, or have dismissed them totally by following the information given here on CAG. I have yet to read of one case where they have managed to dig out the correct paperwork and process a case to court - no matter what their threat-o-grams may tell you.

Hot air throughout - full of MAY and COULD, but a distinct lack of action. Stick with it and you'll soon be helping others on CAG in their fight against the DCA bullies!

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Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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like the site hillards, however it took 3 attempts to load???

Lowell Financial (Monument) No CCA - File Closed ** WON**:D

1st Credit (Citi Financial) No CCA - Credit Report Marked 'Satisfied' ** WON **:D

American Express No CCA - Pending

RBS Mint No CCA - Pending

CL Finance (Morgan Stanley) No CCA - In Court:eek:

HSBC - No CCA - In Court:eek:

Link Financial (MBNA) No CCA - Pending

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like the site hillards, however it took 3 attempts to load???

Dunno why it's slow today - loaded first time for me, eventually. You can go direct to My views on DCA's | but I thought the .co.cc suffix looked nicer ;-)

 

I'm always adding bits, as I get a mad moment to work on it. Any suggestions, anything I've missed? I can't put things like templates on, or direct links to anything. It's just my personal viewpoint on it all, without taking up half a page putting into my sig here.

 

I have a special section in my bookmarks to let me go back to important stuff on here but had no way to let other people know what the story was, hence the site coming into being. And it was all free :D

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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