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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   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? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   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 ? In a garage  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      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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Long standing debt finally found my new adress


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Hi,

 

I incurred a debt of about £500, back in early 2003. I was paying it back for a short time (over six years ago), but I haven't contacted them, or acknowlegded their letters at all during that time, because they haven't had a real address for me.

 

However, now, somehow, they've found my real address. I'll pay it, if I have to, but I'm just looking for advice on what traps not to fall in to.

 

Is there any chance that as soon as I contact them they'll say that in the 6 interim years, it's skyrocketed to £5000, or something ridiculous like that? Should I know anything about how to acknowledge their letter, or anything? Can I be cheeky, and offer them a penny a year for the rest of my life, or some such?

 

I'm just looking for some quick entry level information on what sort of things I should consider before I make that first response.

 

Thanks.

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Have you made any payments or acknowledged the debt to anyone in the last six years?

 

If this is the case, it may well be Statute Barred and therefore has "dropped off" the records and I believe is then unenforceable

 

I expect an expert will be along to guide you and point you to a template letter that is uded for S-B

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Hi Didji and welcome to CAG.

What did the letter from them say? Just a request to ring them, with no details?

If that's the case, it's just a fishing expedition, you're only making the assumption it's your old debt.

I personally would ignore such correspondence unless and until they send anything meaningful which indicates who you are dealing with, how much they allege you owe, and to whom.

 

Certainly NEVER ring them, and if they ring you, refuse to go through any security questions and politely tell them you will only communicate in writing.

 

It could well be a Statute Barred debt, but wait for now till THEY provide the info you need in order to respond.

 

In other words...

Don't tell 'em your name, Pike!!!

;)

 

 

Elsa x

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Thanks for the replies, guys.

 

I incurred the debt in early 2003, and I don't have detailed records for this anymore, but I'm sure I only made a few of the payments, back in late mid-late 2003, before I put my head in the sand (I was 19, at the time). I may have even made a payment in early 2004, but basically, it's got to be over 6 years.

 

What has happened in the interim is that my parents have received plenty of calls from various different companies (unless it's the same company, changing it's name) every couple of months, to which they've said a variety of different things. The whole gamut, ranging from "Me no speak English", to "I've never heard of him", to "He was lost at sea 2 years ago", and perhaps even the semi-truth, which is "That guy moved out a few years ago, we don't hear from him".

 

Could any such answers count as acknowledgement? Even if they don't come from me? Plenty of letters have been marked return to sender, though never so by me. And I haven't replied or responded to any of their communications for over 6 years.

 

The recent letter says this (sparring you the full text):

 

Reference number, Original Creditor, Outstanding Balance: £501 (minus £8.02, to hide it from search engines), my original address.

 

A blurb about how I should contact them to resolve the matter between them and their client, in order to avoid their client taking further action. The company is Lowell Financial, and the "client" is Lowell Portfolio I Ltd.

 

A request to pay in full, or contact them to agree a term. It then says "On contacting us you will also be given the opportunity to discuss how we can work together to find a solution to clear your outstanding balance." This seems a little weird to me, because is the figure above the outstanding balance, and wasn't the previous text about clearing it? It makes me wonder if the "client" is owed that balance, and the people who are writing the letter have a balance of fees they consider me to owe.

 

There's the usual thing about not making my situation worse, a phone number, and a paying slip.

 

I have the ability to contact them by email pretty well anonymously, but I would really rather not acknowledge my address at all, as I'd like as few people as possible (especially them) knowing where I live. I'm not sure how they got my address, I'm not even on the electoral roll. I guess perhaps my current bank gave it to them, though I would have thought this was a violation of data protection.

 

I also have the ability to contact them addresslessly (so to speak) by Skype, where I can also record the call.

 

My biggest short term concern is getting bailiffs at the door. Our flat is unlocked with the front door ajar quite a lot of the time. Is there any risk of this happening imminently, without further warning?

 

Any ideas on the best way to proceed?

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If you haven't made a payment or acknowledged the debt in writing yourself for a period of at least six years then the debt is statute barred.

 

In the templates section of the Library on this site you will find a template letter telling them that you believe it's statute barred. Send it to them and they should back off. If they don't report them to Trading Standards and the OFT.

 

Don't discuss this with them on the phone under any circumstances.

 

They can't send bailiffs to your door without getting a CCJ first and they simply can't do that. In the unlikely event that someone turns up from Lowells tell them to leave. If they cause any hassle then call the police.

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lowlifes yet again with yet another statute barred debt.:D

 

would not even bother responding yet,see if they write again before you start ping ponging mail with these cretins.

 

first reponse from them would be the "attemped payment that you recently made,

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Thanks again guys.

 

sam614: I don't understand this line: "first reponse from them would be the "attemped payment that you recently made," Could you rephrase?

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Ah right. How can I be sure it is a phantom payment, though?

 

Basically, if they're going to play that game with me, how can I be sure it's a game, without acknowledging the debt?

 

There's always the 1% chance that I have my dates mixed up. If I do, it won't be by much more than a year, in which case I won't have to stall for much longer (like a few months) until the 6 years is up.

 

Is there anyway I can enquirer, without resetting the clock?

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that's why I say ignore.play for a little time so you know for sure that it is defo over 6yrs,they do try the oh no it's not,but also cases that they can disprove and produce proof of last payment.

 

98% of debts that lowell aquire are either SB or very close to it.

 

if they continue to write, would start with prove it.

then go for SB....anything to delay

 

you could check your CF see if there is anything showing,but that will alert all and sundry to your where abouts.

 

SAR to OC cost a tenner but should show last payment

 

how did you pay?do you have old statements?

 

depending on what the debt is a cca usually see's lowell off;)

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Okay, they've sent me a new letter now. It's a "Statement of your account". It says "This notice is being given to you as required by the consumer credit act 1974 because you fell behind with your payments under this agreement with your original creditor." The period covered is 01/10/2008 to 30/04/2010, and there are no payments shown.

 

Does this change any of the advice above?

 

One thing I'm wondering is, how do they know it's me? Sure, they know my name, and that I live in roughly the same part of the country as where the debt was incurred, but how do they know it's the right me? I haven't got a very common name, but it's not uncommon either. Are they likely to know it's me (I'm not on the electoral roll) some how, or are they likely sending this stuff to everyone with my name?

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Hard to know for sure whether they're still guessing or not.

As to how they've found you...Have you checked your credit record recently, or applied for any credit from that address? Also check on 192.com whether you are listed there.

Don't go checking your Credit record if you haven't already..it will open a whole can of worms..

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I haven't applied for any credit, or checked my credit history. I was claiming JSA with this as a care of address about 3 years ago. My bank account is registered here. I've ordered various small items online from here. I have a few online poker accounts registered here. Other than that, that's it. I'm not on the electoral roll, I'm not registered for tax anywhere. I'm not employed. Nothing.

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So my bank would have given my address to a credit ratings agency, even though I haven't applied for any credit with them? When they notified for change of address, would they have given the old address I changed from, as well? If not, they're still just fishing, right?

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Once again, thanks to everyone for their help.

 

Is this an assumption, or are you sure? Isn't this a violation of data protection, on their behalf? I've asked for no credit from them.

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  • 2 weeks later...

you need to keep to one thread

 

std phishing letter

 

ignore#

 

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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(I originally posted this in a new thread, but I'm merging it with this one instead. I'm still trying to work out how to delete the superfluous ones).

 

I received a new letter from them last week, with he following text:

 

In previous letters sent to you it was made clear that unless an acceptable offer of repayment was made, we would take appropriate steps to recover the amount owing.

 

As you have failed to enter into a repayment plan we may instruct an agent in your area to visit your home to discuss repayment of your account. Unless you make contact with us within the next five days our agent will contact you with a view to arrange a visit Monday to Saturday between the hours of 8.00am - 9.00pm.

 

To prevent the above action taking place you MUST contact us URGENTLY so we can advise you accordingly.

 

Chances this is still phishing, and the debt is statute barred? Chances they will turn up at my door?

 

Any advice on the best way to proceed?

 

Somebody replied in the other thread saying to ignore it. At what point do I stop ignoring it?

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