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    • Oh yeah... So there is. ..    Hopefully it won't try to upgrade 😂😂
    • There's the ability to download origin for macOS Mojave and older right on the EA Website. www.ea.com/origin-for-mac      
    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 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 Did you inform the claimant of your change of address? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell 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 purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 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
    • In addition to the advice and questions asked by my site team colleague above, where did you get the template from which you used to reply to the letter of claim?
    • should have come here first really. What you requested was a load of irrelevant twaddle. What was the original debt? Have you moved since taking it out? If TM Legal are chasing, that should means that Perch own it now? Did you get the letter of claim by email or post? You should kill the emails immediately.   
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Liverpool Victoria Flexi Loan CCA Enforceable?


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  • 2 weeks later...

If this is a valid CCA does anyone have any ideas on how I could get this debt reduced? Should I start paying them reduced repayments, that I have already proposed to them?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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I have never had any charges on this loan as I have kept up to date with payments until Dec 09. I presume I should start paying them what I can afford as they have agreed to this for a 6 month period before I requested a CCA. Do you think if I didn't pay they would pass it to a DCA who may accept a reduced F+F settlement? I am unsure which path to go down.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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If you didn't pay they will almost certainly pass it on to a DCA once they've exhausted their internal collection processes, but at the end of the day you can only pay what you can afford. Even in the worse case scenario and they applied for a CCJ against you, depending on your circumstances a judge would only make a repayment order at a rate which he thinks you could realistically afford, which could be as little as £1 per month if you were on benefits. But obviously he would have to evaluate an income and expenditure declaration which you would have to provide.

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Cheers, could you clarify something for me. What is the differrence between a CCJ and the judge making me pay what I can afford?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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It doesnt show the rate of interest, it is possibly unenforceable. It has to show both the APR and the rate of intest (they are 2 different things). The rate of interest is a prescribed term.

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In the text beneath "Total Charge for credit comprising of Interest charges only" it states;

 

'Interest is calculated on the amount of credit as it reduces over the term of the Agreement at a monthly rate of .945%. The interest payable is totalled and added as lump sum to your account on the day the advance is made.'

 

I know it's not a very clear copy.

 

I presume this statement would cover this?

 

Thanks

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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Also in the Sheet titled Terms & Conditions of the Agreement point 2 states the monthly rate of .945% equates to the APR of 11.9%. This is not the case 12 x 0.945 = 11.34%. Am I missing something here or is this an error in the agreement?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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Also in the Sheet titled Terms & Conditions of the Agreement point 2 states the monthly rate of .945% equates to the APR of 11.9%. This is not the case 12 x 0.945 = 11.34%. Am I missing something here or is this an error in the agreement?

 

11.34 is right as this is not the same as the APR if it was showing a yearly rate of interest. I am however perplexed by the statement 'Interest is calculated on the amount of credit as it reduces over the term of the Agreement at a monthly rate of .945%.

 

You need to find out if this is right.

 

So the agreement looks enforceable if all the figures add up

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  • 3 months later...

Not heard a peep from LV until today when I received this...

 

Accountsold.jpg

 

They have not sent me a Default Notice or Termination Letter. Does this mean they can only claim back arears? as it does with credit cards?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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Also the letter states Dec 2009? have they gone back to the future?:confused:

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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hmmm. I thought that I didn't have any ammo against them until now! Not sure if the same rules apply to loans as they do with credit cards regarding defualt notices?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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So...whats the next step? I am at this point with about 8 creditors! Do I wait for court proceedings? or should I commence proceeding? I have far to many OC's to deal with at once! I don't want to get myself out of my depth.

Edited by Me against them!

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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  • 4 weeks later...

I've just went back through all my correspondance with LV and noticed t a Formal Demand for payment, this letter refer's to a Default Notice which they say I was issued. Its states I did not remedy in the preiod they gave me! I overlooked this as I thought it was just another letter demanding payment. I have filed all coresspondance and have definately not received a DN from them in any shape or form!

 

The lack of DN was my main weapon aganist them! If I was taken to court could the produce a DN even though I did not receive it???

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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So thats a good thing right? How do creditors defend against invalid DN's if they fail to keep evidence of them?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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  • 2 weeks later...

Just checked my credit file with equifax and have found that both LV and Quapquest have registered defaults on the 12th March. Surely this is unacceptable!

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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  • 1 year later...

I don't believe this! I moved house a year ago and have just been forwarded some old post. In amongst it was a statutory demand under sec 268(1)(a) of the Insolvency Act, which is from capquest dated 28th Feb 2011. Obviously I have not responded as I was completely unaware of this until now.Another letter from capquest dated 28th March 2011 confirmed that I have not made a response, they state they now have no alternative but to instruct their feild angents resovlecall to attend the address (old adress) and personally serve the statutory demand for bankruptcy!!!Can somebody please help me with what action I need to take with this? Thankyou in advance.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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