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    • The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? LOWELL PORTFOLIO I LTD   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 25 AUG 2020   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1) The defendant entered into an agreement with Vodafone under account reference xxxxxxxxx ("the Agreement"). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 31/07/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £595.63 remains due and outstanding. And the Claimant claims a) The said sum of £595.63 b) Interest pursuant to 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 £0.131, but limited to one year, being £47.65 c) Costs   What is the total value of the claim? £773.28   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a "Notice of Claim Issue" letter after the "Claim Form".    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? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, mobile phone 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 or phone.   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I don't think so, I don't have a CCJ, but I will check.   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. Account assigned to Debt purchaser.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I don't remember the notice of assignment, I will have to search through all my scans.   Did you receive a Default Notice from the original creditor? I think so.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I think so, I scanned all the letters, I think different companies have sent me letters, I will check.   Why did you cease payments? Never used the contract, plus financial trouble.   What was the date of your last payment? No monthly payment made just a upfront fee I think.   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.     What you need to do now.   Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement
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Private Car Purchase Advice needed please


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I'd be very grateful if someone could advise me about buying a used car from a private individual.

 

My husband has seen a car advertised on GUMTREE and the owner is only about 5 miles from us.

 

Husband wants the car and so went to have a look. He's agreed to pay £xxxx for it, and the seller wants cash. :( Husband wants to pay by Credit Card, but of course the seller doesn't have any facility for accepting payment by CC, but husband thinks by paying for the car with his credit card, he'll have some protection if the seller doesn't own the car outright. but don't know how to go about it now

 

Seller suggested using Paypal (?) but we don't have an account with them and seller needs money by this week-end as he is going to Spain.

 

Friendly accountant (works for VW) did a quick HPI and the car came back 'clean' but the car has a private plate..which is not being sold with it, would that make a difference to the HPI ?

 

Never bought a used car privately before so really unsure about how to buy it and be confident that it will really be ours. (not some finance companies)

 

(sorry for the rambling)

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Is it his own house you have visited to look?

 

You need to have a decent run in it even if you have to put some petrol in. Make sure it gets good and hot and don't do less than 5 miles.

If you can't drive the car for whatever reason, then walk away

 

Be aware that the only redress you will have from a private buyer is if it is grossly misdescribed or dangerous.

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Might be an idea to get an HPI check done using the original registration.

 

IF the car does belong to a finance house and it's on HP, it will not belong to you.

 

Seller wanting cash quickly because they are leaving the country?

 

I think I would be walking away myself too!

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Thank you both for your replies.

 

Husband did visit the sellers home and has already been for a test drive in the car (as a passenger )

 

My husband first saw the car a few weeks ago and made an offer on the car, but the seller obviously wanted to get as much as he could for it so refused the offer.

 

He hasn't been able to sell it for the asking price (although looking on various sites, it is still a reasonable price )

 

He is going away this week-end until the end of July and he's also selling his house. His business is not doing well either apprently.

 

The seller eventually contacted my husband today and accepted our original offer, as he needs the money.

 

He e-mailed us this evening with a proposal.

He will issue an invoice via paypal and my husband would then be able to make the payment by credit card by following the link.

 

He has said that once the funds have cleared into his paypal account, which he claims can take a few days :confused: we can collect the car with all the necessary paperwork completed.

 

Because we don't know anything about paypal, I really wanted to know if a payment into it really would take days instead of being almost immediate. Paying for anything else by credit card is *instant* isn't it ?

 

I do realise how dodgy it all sounds, and I might suggest to my husband that we use the AA Car Data Check, but it's still paying by paypal that worries me. :(

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If you pay via paypal most credit companies will not cover the transaction in the same way as they would a "normal" transaction.

 

Many of them argue that THEIR payment went to paypal, and paypal did exactly what they were meant to, so the credit card transaction is ok.

 

Paypal do have their own "protection", but if the seller has no money in their paypal account you are stuck - and it sounds like this seller will be making sure that he has taken his money out of paypal before handing the car over. That is safer for him, obviously, as it stops you taking the money back fraudulently, but leaves you with nowhere to go. Paypal transactions funded by a credit card are instant, the few days is because the seller wants to take the money out of his account.

 

As well as that, if you are buying from a private seller you have fewer rights under the Sale of Goods act.

 

 

Quite honestly, I would walk away. Private seller, leaving the country, has nothing to lose, and wants to empty his paypal account before letting you have the car - there are a lot of alarm bells here.

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