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    • 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] ..............  
    • 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
    • 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.
    • 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  
    • 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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Lowells Customers- Put them on notice!!!


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If you admit to a DCA getting a Notice of Assignment by ordinary post would this not then 'rectify' the service

 

Good question and quite likely the answer is 'YES'. Written acknowledgement of receipt is pretty incontovertible proof the document has been served. Still arguable that it's not compliant with 196(4) but a much weaker argument IMO.

 

This assumes that such notice is valid in all other respects which tbh is likely.

 

It does not however validate any action taken prior to the date of acknowledgment.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Thanks for all your legal efforts guys, it really it appreciated

 

I'll take it that in the normal course, an NOA is incontrovertible, and only is worth taking a case up against if they issue defaults or charges, PRIOR to the assignment

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"The big problem for Lowells is that their notices appear to be very often non existant or otherwise invalid.

This can be for any number of reasons, the most common are:

 

A notice served by postal service is only deemed served if it complies with the requirements set out in Sec 196 of the Law of Property Act 1925 Ie. recorded or registered delivery.

If the date on the notice is innacurate then the notice is invalid.

No date on the notice or no signature on the notice does not invalidate the notice in itself." TLD

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Question -

 

Im paying Red an HSBC student account debt which has about 2 payments left on it. I cant remember having anything like a notice of assignment.

 

Does this apply to bank accounts as well??? And if so, can I demand my money back for them getting money out of me under false pretences??

THE PRETENDER AGENDA - August 30,2008 - 2ND ROW!!! WOO-HOO!! :-)

THANK YOU SO MUCH FOR A FAB NITE LEE! xx

Sunderland 011008 - THE BEST BIRTHDAY PRESSIE EVER! 'Aww, it's your birthday! Happy birthday darlin!'

 

02 Apr 2008, 23:55

OfficialLeeRyan wrote:

i like that!! its simple and good and gets the fans involved aswell x x x

 

MY SUCCESSES -

 

1st Credit (Lloyds TSB) admitted no CCA, reply from OFT 130608, reply from FOS 040608, adjudication stage rejected but still no contact....

 

My mate (Littlewoods/Moorcroft)

300608 -Long running battle,threatening court, CCA letter NO 2 and harrassment letter sent - passed back to Littlewoods early July.

070808 - Passed to Debt Managers, Acct in dispute/BOG OFF letter sent 080808...

140808 - Letter from Debt Managers passing debt back to Littlewoods - RESULT! :D

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Fascinating read.

 

I dont know if CL Finance is part of Lowells but reading this thread raises questions with NOA from CL Finance.

 

After getting into difficult times I managed to get GE/Debenhams Store Card to accept lower payments, no sooner after setting up this arrangement I received a NOA from CL Finance (by normal post) stating that they now owned the debt and to continue the payment plan but send all payments to them also as I was on a payment plan a default notice would be put on my credit file as a condition of the payment plan.

 

Sorry if this is not part of Lowells group.

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I'm beginning to feel left out s Lowells aren't one of my playmates.......however......I think I will have to look at all my other paperwork.

Thank you for all your efforts on this and 'other'threads.

 

LOL. Dont worry, its not personal, the idiots are sooo snowed under what with UK26's case and others going for their throat. You wouldnt want them to not concentrate on your case would you,?:)

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Hi please can you tell me if this is a valid deed of assignment received from lowell group, they have said that a copy of the assignment is not held on their systems and the letter they sent on the 10th November 2007 is sufficient enough. Hope someone can help. Thanx

Deed of Assignment - Anderton.doc[1].pdf

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Hi Gypsy so your 'agreement ' was made in USA??

If so it's not going to be enforceable under UK common law.

Send off the CCA request to Lowells pronto and see what turns up.

They should have sent you a notice of assignment also, by Registered post , if not then its not been served correctly, Thats just for starters.:)

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For any of you interested, this is the link to my Lowells thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-12.html#post1989899

 

I am taking the information from this thread and cpr 31.16 to bamboozle lowells. I probably won't post it until monday so long as there are no edits to do so all welcome to praise me or shoot me down :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

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Bad form to quote oneself but I forgot one other important consideration.

 

 

The OC will have claimed tax relief from HMRC under the deed of sale.

Since the OC is still title holder of the account where no valid assignment has been effected in law this could mean some very serious implications for the original creditors in these cases.

They have claimed relief for a loss they have not made.

 

 

Oh thats just ruddy priceless.. they'll have rev&customs after them in a shot :D:D:D:D:D:D

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Hi i already sent them and received a subject to access request and Monument as well but no copy Deed of Assignment was sent, this was emailed to me from someone at lowell and from monument no default notice just this copy of credit agreement below i have now give them 7 days to produce the default notice but they have took their default notice off and lowell have put one on instead this is what i am trying to get removed but up to now they will not budge.

55.jpg

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Hi thanks for that, but i never received the deed of assignment by registered post and also both sars to monument and lowell neither included a copy of the default notice which i have given monument 7 days to produce, if after 7 days i dont receive it what would be my next step. Hope you can help.

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Hi Gypsy just read your posts and want to clarify some areas if ok with you.

 

1. according to the fax copy of assignment the debt was sold to lowell on 31st Oct 2007

 

2. 10th November 2007 lowells say they sent by post a letter to say they now own the debt and cough up. (did you rec this letter and if you did was it sent registered or recorded post if not it doesn't meet the requirements?)

 

3. OC have removed the default notice on your credit file (do you know when?)

 

4. Lowells have now put a default on your file for the debt (same question do you know when they did this?)

 

5. SAR requests from both OC & lowells dont show the either the defaults, NOA or deed of assignment

 

IMHO you have lowells and compucredit on a number of points. In particular I would say that as the assignment you have posted is dated the 9th of Feb 2009 and from I have read & understand from UK26 thread is that the assignment only became lawful on this date and therefore any action that lowells have taken such as registering the default is unlawful.

 

I'm sure that other much more qualified people will be able to either confirm I've got things right and if not explain your position and point you in the right direction.

 

I'll check back later :)

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hi not sure when monument defaulted but lowells said default date was september on credit file but they but theirs on nov and showed d december 2007 as well, the deed of assignment was not sent by registered post but i was the one that asked monument to remove the default last year sometime when i saw it on credit file as there would have been two on for same debt. I have asked lowell to remove the default but they will not budge, just waiting to see now if i receive copy of default notice off monument, when i have checked the credit ref agencies, lowell have said the default was satisfied on different dates on each one surely they must put the right settlement date on for a start so they all the dates match up. I also do not believe the cca is right either, what do you think. It is nice to hear from someone who may be able to help me as i am at a lost what to do next. I have sent lowell a request to stop processing my data but not heard anything about that either. Hope someone can help. Sorry its so long. :)

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