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    • Good afternoon,    I am writing in reference to the retail dispute number ****, between myself and Newton Autos concerning the sale of a Toyota Avensis which has been found to have serious mechanical faults.    As explained previously the car was found to be faulty just six days after purchase. The car had numerous fault codes that appeared on the dash board and went into limp mode. This required assistance from the AA and this evidence has already been provided. The car continues to exhibit these faults and has been diagnosed as having faults with the fuel injectors which will require major mechanical investigation and repairs.    Newton Autos did not make me aware of any faults upon purchase of the vehicle and sold it as being in good condition.    Newton Autos have also refused to honour their responsibilities under The Consumer Rights Act 2015 which requires them to refund the customer if the goods are found to be faulty and not fit for purpose within 30 days of purchase.    Newton Autos also refused to accept my rejection of the vehicle and refused to refund the car and accept the return of the vehicle.    It is clear to me that the car is not fit for purpose as these mechanical faults occurred so soon after purchase and have been shown to be present by both the AA and an independent mechanic.   Kind regards
    • Commercial Landlords are legally allowed to sue for early cancellation of the lease. You can only surrender your lease if your landlord agrees to your doing so. They are under no obligation even to consider your request and are entitled to refuse. You cannot use this as an excuse not to pay your rent. Your landlord is most likely to agree to your surrendering the lease if they want the property back in order to redevelop it, or if they wants to rent it to what they regards as a better tenant or at a higher rent. There are two types of surrender: Express surrender in writing. This is a written document which sets out the terms of the surrender. Implied surrender by conduct. (applies to your position) You can move out of the property you leased, simply hand your keys back and the lease will come to an end, but only if the landlord agrees to accept your surrender. Many tenants have thought they can simply post the keys through the landlord's letter box and the lease is ended. This is not true and without a document from the landlord, not only do you not know if the landlord has accepted the surrender, you also do not know on what basis they have accepted and could find they sue you for rent arrears, service charge arrears, damage to the property and compensation for your attempt to leave the property without the landlord's agreement. Unless you are absolutely certain that the landlord is agreeable to your departure, you should not attempt to imply a surrender by relying on your and the landlord's conduct.  
    • I had to deal with these last year worst DCA I have ever dealt with. Just wait for the constant threats of CCJ and how you'll lose in court and how they won't do mediation and they want the judge to question you with a load of "BIG" words to boot with the letter. My case was struck out in the end, stupidity on their part as I admitted to owing the debt in the end going through the court process was just a formality as they wouldn't let it drop despite me admitting the debt regardless. They didn't send the last part of the court paper work in so it ended up being struck out     .
    • Well, that's it then. Clear proof of the rubbish cameras. Clear proof of double dipping. G24 won't be getting a penny. Belt & braces, I would write to the address LFI has found, include the evidence of double dipping, and ask Fraser Group to call their dogs off.
    • LOL. after sending Perch capital a CCA request with a stapled £1 PO attached (x2) Their lapdog Legal team TM Legal have sent me two letters today saying "due to a recent payment on the account, your account is open to legal/enforcement action" so i guess they have tried to apply that payment to the account to run the statue bar along. dirty tactics lol.
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lowells claimform - old M+S Card debt***Claim Discontinued***


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  • 3 months later...
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Hi again, all has been quiet in this for several months but today I received a letter from credit security limited asking for settlement within 7 days.

 

Not too sure what my next move should be,

 

does anybody have any ideas?

 

is anyone able to advise what my next move should be on this as

 

 

I have today received another letter from credit security ltd and they will be sending a debt collector to collect payment!

 

Any advice would be much appreciated! Thx!

 

I am now planning to write a letter to credit security ltd asking if they own the debt?

 

 

Is this the right thing to do?

 

 

As previously posted I could have a case against m&s as the dn is defective,

should I also be writing to m&s? Thx!!

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  • 4 weeks later...

Write them a letter stating that under english law of tort that only a postman may call without an appointment and they may not, and you do not wish to make an appointment with any of there representitives, if they call you will call the police.

 

Think its correct, i sent that to scotcall which got them off my back.

 

Good luck.

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I would disagree with the above advice. They will not send a collector out to you - this is just a scare tactic.

 

If your debt has been sold to this new company, rather than them just acting as debt collectors then writing to them would be a very bad move indeed. If you do write to them then you are acknowledging that you have received notice that the debt has been sold to them and this will remove a strong defence that you will have if this goes to court.

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  • 7 months later...

Hi, I am still receiving letters from credit security limited with regards to this.

 

 

I have only received 2 letters this year but they are still threatening a doorstep collection and they also offered me a reduced sum settlement, of which I have completely ignored.

 

 

Should I still keep ignoring them or is there anything that I should do?

 

Thanks

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  • 1 year later...

Hi,

Can anybody please off any advice on this?

 

 

The latest on this issue is the account has been sold to Sigma red in which I received notice of in January 2012.

 

 

The letter came from Sigma red and not M+S therefore I have not received an official notice of assignment, should I have?.

 

 

It had been fairly quiet until last week when I received a letter from Resolvecall,

i have now had resolvecall knocking on my door at home twice in 4 days.

 

 

Now I have had a good look at the letters that have been sent by Sigma and I have realised that they have sent me a letter saying thank you for your recent payment...blah blah blah,

 

 

I have not made a payment on this account and looking back at the letters they have now deducted 2 gbp from the account.

 

 

Is this a trick to make out I have made a payment or for me to get in touch???

 

Should I send a letter to resolvecall stating that they are not to visit me etc without appointment.

 

 

I am really worried about them hassling me or catching me outside the house or something as I have a new baby and they seem quite persistent.

 

 

Would sending them a letter somehow acknowledge that I own the debt?

If so is there anything else I can do to get them off my backs?

 

Any help is very much appreciated.

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Depending on what the sar shows up but it is possible that you will not have to pay a penny + you will be able to demand the removal of the default and possibly have a claim for compensation.

 

Hi,

 

So I could in theory go back and check all my defaut notices from OC's and if they have made this error and entered defalts on my file I can put in a claim for compensation?

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The notice sent is correct, take a look through the ''legalities'' of NOAs they can be sent by the OC the new owner or both often in the same envelope a technicality which is of no real benefit.

 

Compenasation for what??

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If I were to check my DN's and they have same issue as here, the amount of time given was not taking into consideration postage time and judgements were entered with CRA's.

 

 

Regardles of whether the DN was defective or not the OC can still register a default. Unless of course this was mistaken identity etc which I don't think it is...

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Hi thank you for you responses,

sorry I am a little confused by this.

 

 

I have checked my credit report and the OC default has now gone and a default from SIgma red has appeared with a default date the same as the OC.

 

I have a couple of questions...

 

1. It has been previsouly mentioned that the DN is defective due to no time being allowed for postage. Is this still the case if so what does this mean .i.e should I inform the currrent creditor of this or not. If they were to take me to court would this stand up and if so would I have to then pay the arrears stated in DN?

 

2. I am still really worried about the debt collector knocking on my door, should I send a letter telling them they cannot visit my property without appointment in which I do not intend to make) or will this somehow be taken as an aknowledgment of the debt?

 

3. Is there any reason why the current creditor is thanking me for my payment when I haven't made one?

 

Sorry I am really struggling to get my head around what to do and any advice is much appreciated

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  • 3 years later...

Hi, with regards to the M&S card I had issues with in this thread,

 

 

I have now received a letter from Lowells stating they have bought the Debt.

 

 

In my eyes the debt is statute barred as I have not made a payment since early 2008

and have not acknowledged the debt.

 

 

My concern is in my above thread I mentioned that I had received a thank you for you payment from the creditor

which I can only assume was the fee for the SAR as I did not make any payments.

 

 

Lowells are trying to ring me everyday and sending letters asking to set up a payment plan.

 

 

Can anyone advise what or if anything I should do now?

 

 

Thanks

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ignore them

 

its sb'd

 

if they are stupid enough to issue a Claimform

 

the sb defence wil kill it dead

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

Hi,

 

The latest on this is that I have received numerous letters from Lowell portfolio and solicitors chasing for the money and threatening court action in which I have ignored.

 

 

I have today received a county court claim form relating to this.

 

 

The debt is statute barred so I will dispute on those grounds

 

 

however I am worried about my comments in the earlier threads relating to sigma red showing a payment by me of £2 which I did not make in Jan 2012.

 

 

Is this anything to worry about?

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – 12/04/2017

Date to submit defence: 14/05/2017

 

What is the claim for – the reason they have issued the claim?

1)The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Marks and Spencers Bank Account under account reference **************** (‘the agreement’).

2)The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3)the Agreement was later assigned to the Claimant on **/12/2015 and notice given to the Defendant.

4)Despite repeated requests for payment the sum of £7***.** remains due and outstanding.

And the claimant claims

a) the said sum of £7***.**

b) Interest pursuant of s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £1.***, but limited to one year, being £6**.**

c) Costs

What is the value of the claim?

£87**.** (including costs)

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? Before 2007 (August 2006)

 

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 and claim issued by debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Received notice of assignment that M&s sold to Sigma SVP1 Limited in December 2011, but never received notice of assignment to Lowell but have moved house twice in 3 years)

 

Did you receive a Default Notice from the original creditor? Yes copy attached earlier in thread

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No cant find any paperwork of this nature

 

Why did you cease payments? Partner lost his job and I had to cover mortgage and other priority bills

What was the date of your last payment? November 2007

 

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 not that I recall

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opps missed you ..............

 

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm

 

 

then you can enter the following SB defence which will kill the claim dead.

 

 

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

 

the supposed payments to red are immaterial ignore them.

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes file it now if you are 1000% its SB'd its in post 45

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi,

I filed my defence and have now received a copy of the Directions Questionnaire from Lowells which they say they have lodged with the court.

 

 

The letter says I will shortly receive one too and that the court will use the information contained in both our copies to make decisions about how the case should proceed.

I haven't received my questionnaire yet but just wondered what this was all about?

 

Thanks

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Its the allocation of the claim stage..this transfers the claim to your local county court and correct track... do not do anything until you receive your DQ from the court.

 

Regards

 

Andy

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