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    • Russia’s economy has been cut off from the global financial system - but it is still growing. Why?View the full article
    • Well done. Are you able to tell us more about how it went on the day please? HB
    • when mediation call they will ask the same 3 questions that are in their email you had to accept it going forward. simply state 'i do not have enough information from the claimant to make an informed decision upon mediation so i refuse. end of problem.  
    • Food prices, including a $40 chicken, has stoked fury and calls for big foreign supermarket chains to come to Canada.View the full article
    • Which Court have you received the claim from ? Civil National Business CEntre Name of the Claimant ? Lowell Portfolio i Ltd How many defendant's  joint or self ? Self   Date of issue –  15 Feb 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  The claim is for the sum of £922 due by the Defendant under and agreement regulated by the Consumer Credit Act 1974 for a Capital One account with an account reference of [number with 16 digits] 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 16-06-23, 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 the issue of these proceedings in the sum of £49.15 The Claimant claims the sum of £972 What is the total value of the claim? £1112 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I dont know the details of the PAPDC to know if it was pursuant to paragraph 3, but I did receive a Letter of Claim with a questionaire/form to fill. 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? Credit Card When did you enter into the original agreement before or after April 2007 ? no 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 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/purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware, I'm not certain I received a 'Notice of Assignment' from Capital One but may have been informed the account had been sold without such a title on the letter? 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 since the debt purchase, and not from Capital One. Why did you cease payments? I can't remember - it was the tail end of the pandemic and I may not have had enough income to keep up payments - I am self-employed and work in the event industry - at that time. I also had a bank account that didn't allow direct debits and may have just forgotten payments and became annoyed at fines for late payments. What was the date of your last payment? Appears to be 20/4/2022 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 Here is my Defence: Defence - 1. 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is denied. I am unaware of having been served with a Default Notice pursuant to the Consumer Credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. The Defendant has sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request has been made via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied and to date nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Claimant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. .................. Please note that I had to write a defence quite quickly as I hit the deadline. At the time of writing the defence, I hadn't been able to find correspondence from Capital One, but had since found default letter etc. I submitted CCA request and CPR 31.14. However, I didn't get any proof of postage or use registered post for the CPR (an oversight) but did with the CCA request. I received a pack which included a letter from Overdales, going over the defence I'd filed, as well as letters of Lowells and reprints of letters from Capital One. But I have no idea if this pack is in response to the CCA request or the CPR ! I would have expected two separate responses ... although I do know they are both the same company. Looking over the pack today, and looking through old emails .. I find some discrepancies in the Capital One default letters (notice of default and Claim of default). They are both dated *before* an email I have stating that a default can be avoided. The one single page of agreement sent (so not the full agreement) has a 16 digit number at the top in small print, next to 'Capital One' which corresponds to a number called 'PURN' printed at the top of each of the 10 pages of ins and outs of the account (they're not official statements, but a list of monthly goings) yet no mention anywhere on either of the account number. I cant really scan them at the moment - I can later tomorrow, but that will be after the mediation call I'm sure. I guess I may be on my own for this mediation ... I am not certain the CCA request has been satisfied .. or if the CPR has been . And then I appear to have evidence that the Default notices provided are fabricated ? Yet, I do have (elsewhere ... not at home) Default letters from Capital One I can check ..
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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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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THE Election - Made your mind up yet ??


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Not at all, I made it very clear on the contrary (re-read a couple of posts higher up) that you were perfectly entitled to rejoice about Brown's political demise. :-?

 

What I called "nasty" was the way you did it, by dragging his wife and children into it.

 

When Thatcher dies, you won't see me setting fire to pictures of Dennis, or throwing darts in Carol's and Mark's effigies.

 

I don't see double standards, far from it, I apply the same standards throughout. You on the other hand seem to find it difficult to grasp a very simple concept.

 

To give you another example, since that seems to be needed to get through: During the election campaign and afterwards, as you know, posters were thoroughly spoofed, as they are wont to do. Whilst I happily posted DC's "facts" poster (the one which reminds us of the votes of no confidence within his own party), I would NEVER have posted the ones that just called him a TW*T. Just plain insults are never clever nor funny, so quite pointless IMO.

 

Let's put it another way: you will NEVER see me post a doctored picture of Sam Cameron smiling at DC, but with a bubble saying "my god, but you ARE a tw*t", because that would be just out of order, full stop.

 

I do find it worrying that someone your age should need to be reminded and/or explained of where the boundaries are, though. :-(

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Not at all, I made it very clear on the contrary (re-read a couple of posts higher up) that you were perfectly entitled to rejoice about Brown's political demise. :-?

 

What I called "nasty" was the way you did it, by dragging his wife and children into it.

 

When Thatcher dies, you won't see me setting fire to pictures of Dennis, or throwing darts in Carol's and Mark's effigies.

 

I don't see double standards, far from it, I apply the same standards throughout. You on the other hand seem to find it difficult to grasp a very simple concept.

 

To give you another example, since that seems to be needed to get through: During the election campaign and afterwards, as you know, posters were thoroughly spoofed, as they are wont to do. Whilst I happily posted DC's "facts" poster (the one which reminds us of the votes of no confidence within his own party), I would NEVER have posted the ones that just called him a TW*T. Just plain insults are never clever nor funny, so quite pointless IMO.

 

Let's put it another way: you will NEVER see me post a doctored picture of Sam Cameron smiling at DC, but with a bubble saying "my god, but you ARE a tw*t", because that would be just out of order, full stop.

 

I do find it worrying that someone your age should need to be reminded and/or explained of where the boundaries are, though. :-(

 

Ah well. Personally, I find the idea of celebrating somebody's death very distasteful, but that's your choice. I haven't criticised you for it - just for criticising me when in my view, your statement was much nastier than my spoof picture. It wasn't actually a spoof picture - and do you think the kids might have wondered why they were leaving? If so, what do you think Sarah Brown's reply would have been? It certainly wasn't "because Daddy won the election" was it?

 

Have a nice day. I've got some decorating to do.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Well, let's hope that DC's kids don't ask why are we moving IN then, because Sam's answer could hardly have been "because Daddy WON the election", could it? :razz:

 

Enjoy your decorating, I have a mum with a draft Statement of Special Educational Needs coming up soon for my input, her son needs to get out of mainstream school, the LEA are offering 15 hours "support". *sigh*

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Ah well. Personally, I find the idea of celebrating somebody's death very distasteful, but that's your choice. I haven't criticised you for it - just for criticising me when in my view, your statement was much nastier than my spoof picture. It wasn't actually a spoof picture - and do you think the kids might have wondered why they were leaving? If so, what do you think Sarah Brown's reply would have been? It certainly wasn't "because Daddy won the election" was it?

 

Have a nice day. I've got some decorating to do.

 

I was unable to comment on this matter this morning, as I had to dash out.

 

However, I must say that I considered the comment was in very bad taste:(

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You would. :rolleyes:

 

Bookie, as a matter of interest, do you look anything like your avatar? Before you ask, I don't look anything like mine. My ears are nowhere near that big.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Bookie, as a matter of interest, do you look anything like your avatar? Before you ask, I don't look anything like mine. My ears are nowhere near that big.

 

Fred

no-comment on the tail though I notice Fred :razz::lol:

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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no-comment on the tail though I notice Fred :razz::lol:

 

I use that for dusting chandeliers.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Bookie, as a matter of interest, do you look anything like your avatar? Before you ask, I don't look anything like mine. My ears are nowhere near that big.

 

Fred

No dear. I do have a bath and I do have books, and that's about as far as it goes. :-D

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No dear. I do have a bath and I do have books, and that's about as far as it goes. :-D

 

No worms then?

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Actually, no.

 

A lot more people than you seem aware of, all of them very decent people, upstanding citizens, loving parents or children, from all walks of life, actually not only agree with me, but would say it a lot more rudely.

 

But of course, since it gives you yet another pop at insulting me, that very simple fact won't stop you from saying it, will it? :rolleyes:

 

I think the words on most peoples' lips at this point of the thread would be: "Give it a rest, AC", or so I am given to understand in private. ;-)

 

Since you seem unable to do so however, *I* am going to unsubscribe from this thread which has long run its course anyway, and leave you to wallow in your bile. Say what you like, call me any name you like, spew your venom, that's fine by me, as I won't be seeing it. :-)

 

Bookie, over and out. :-)

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Gosh I have missed a lot this week!

 

Anyway, what do we think about David Miliband supporting (or at least giving his nomination to) Diane Abbott for the Labour leadership?

 

Could this rebound?

 

On Question Time or This Week last night (sorry can't remember which) it was stated that anyone who joins the Labour Party before the leadership election on September ?6th can vote.

 

Should all Conservatives who can afford it now join the Labour Party and vote for Diane?

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Hi Elsa! :)

 

Personally I would love to see Diane get it. There must be soooo many disillusioned Labour voters, real leftwingers, out there, and she is the only left candidate. I'm not certain how the Labour Party works though and who can vote when. Maybe only the MPs can decide on the last two or three to put before the whole membership?

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I'm not sure, never been a member of any party, although my grandad was a staunch labour man and got a letter of recognition from Harold Wilson.

My son was sound engineering for Mr Balls, miking him up..he was rude and treated my son like a lackey. He's got an Hons degree and it didn't go down well!

Mr Balls forgot the first rule that any band member..even the drummer..knows...

NEVER upset the sound engineer before the gig..

;)

Feedback? You bet!!!!!

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Hi Elsa! :)

 

Personally I would love to see Diane get it. There must be soooo many disillusioned Labour voters, real leftwingers, out there, and she is the only left candidate. I'm not certain how the Labour Party works though and who can vote when. Maybe only the MPs can decide on the last two or three to put before the whole membership?

 

I'd like to see her get in for the simple reason that I doubt she'd win the next election for Labour.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I'd like to see her get in for the simple reason that I doubt she'd win the next election for Labour.

I doubt any of them (conservatives and lib-dems included) can still get an overwhelming majority... the country is still in somewhat a stalemate situation IMHO.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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