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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are 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. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. 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. 9. 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.
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Lowell financial


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"i think the only way is to make these users unable to receive or make PM's."

 

 

Thats a good point DX-I will certainly be raising that upstairs-there should not really be any use for the pm in either direction,especially given the fears being expressed by some members.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Phil,the indications are from the Lowell post that communications are sought by email-theres no suggestion that the OP needs to call ?

 

Theres no reasons as to why ALL communications cannot be done in writing-this is the way for example that Vodafone has chosen to deal and it has worked quite well.

 

There seems to be many fears that CAG members are being enticed into admitting debts they are disputing,but of course disputing debts or admitting any liability for alleged monies owed is not something that has been any problem in the past for those with disputes-so it should be no different now.

 

Its difficult to generalise since the issues are likely to be diverse and unique across a spectrum.

 

As it stands-we have so far not had any feedback since this is in its early stages.

Some of the fears and comments aired then-cannot realistically be answered until we have seen any cases being progressed.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Absolutely. Lowells' only place on these boards is to be belittled and humiliated.

 

Letting them have their say is one thing. Letting them tout for business or try to sucker people into contacting them is something else entirely, and it is not CAG's function to give such companies that opportunity.

 

I came to this site because I found MSE to be overly judgemental and too 'friendly' to such companies. I don't want to see CAG go down that road.

 

Would their clique-y little gaggle (Credit Today) tolerate intrusions by CAG members. No, they don't and they haven't in the past - so why should we?

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I am still undecided if this is a good or bad thing but as a pragmatist by nature i can see that GAG`s moderators / site owners cant dismiss out of hand any offer of dialogue, i would like to see the site trying to converse with any DCA & feel them out as to there intentions & put stringent rules & guidelines as to there participation on the site before they were allowed to post offers of help.

GAG has done sterling work in the fight to help people in real financial trouble & the fact that DCA`s come on here to peep & troll proves the site has & is impacting on there business.

There come`s a point in every conflict where you have to get round the camp fire but i`m not naive enough to believe that any DCA is going to suddenly change there spots, bottom line is debt is there bread & butter.

As someone once said " we live in interesting times"

Edited by snowy101
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Allowing DCA's to come onto this forum is a very sad day for CAG.

 

A totally inaccurate analogy is being drawn between allowing DCA's onto CAG with other, legitimate companies such as Vodaphone. Let's be absolutely clear that companies such as Vodaphone wish to resolve directly the complaints of their end-user customers who are you and me. For a DCA, their customers are the banks and credit card companies that sold them the debt or agreed to pay a fee for collection, by whatever means usually.

 

So there is no basis whasoever, for comparing a customer-focused company such as Vodaphone with a DCA.

 

DCA's collect on behalf of their Clients or themselves and are totally without care or scruples, many of us can vouch for that. They operate on the fringes of the law and cause misery to thousands of people on a daily basis. Many on here have been subject to abuse from DCA's and many, many more, who have not found CAG have little or no knowledge of their rights so continue to live in ignorance and fear.

 

By allowing DCA's to post here and essentially tout for business is not what CAG was established to do, moreover it will serve no purpose other than to allow Lowell et al to do their job with greater ease and with a captive audience.

 

Well done CAG management, you may as well become a DCA.

 

I would imagine this will push donations down even further, but then maybe Lowell et al can donate a percentage they get from this forum.

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well done,whoever is responsible for permitting this complete joke

 

You've done what DCA's could never have hoped to achieve-split this forum asunder

 

I think Pinky has hit the right note on this

 

It looks like it's time to move to pastures new-a forum that permits lowlife *edited* like Lowell to tout for business instead of going all out to make them pull down the shutters has lost grip on reality IMHO

Edited by cerberusalert
bypassing swear filter

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well done,whoever is responsible for permitting this complete joke

 

You've done what DCA's could never have hoped to achieve-split this forum asunder

 

I think Pinky has hit the right note on this

 

It looks like it's time to move to pastures new-a forum that permits lowlife *edited* like Lowell to tout for business instead of going all out to make them pull down the shutters has lost grip on reality IMHO

 

Precisely

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well done,whoever is responsible for permitting this complete joke

 

You've done what DCA's could never have hoped to achieve-split this forum asunder

 

I think Pinky has hit the right note on this

 

It looks like it's time to move to pastures new-a forum that permits lowlife *edited* like Lowell to tout for business instead of going all out to make them pull down the shutters has lost grip on reality IMHO

 

In business there is no such thing as a free lunch. Perhaps there has been a financial incentive.

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Phil,I have responded to your Pm.

Alan and Marc have both posted in consideration of concerns.

Lets be clear-there is no requirement or expectation for anyone to engage in dialogue,its merely an option that has been offered.

CAG is first and foremost here to support and help it members-thats how it started off and how it will ALWAYS be.

 

Martin with respect, that is not born out by the recent events re Cabot and you know it. Certain long established and respected cag members were hung out to dry by this forum and they should be ashamed of the way they did it. I was extremely disappointed by the way that was done as a long standing cag member myself who has no doubt been lined up for a similar target practice by said company.

 

If a DCA does such a despicable thing and now the founder is even daring to offer one cell of his body to considering letting a DCA on here there will be a mass exodus if people knew what had happened.

 

Sadly, DCA's have a place in this world because people do not pay certain debt, it's a fact of life no matter how unpleasant we believe them to be. I am, as my reputation precedes me, proud of the fury and exposure of Cabot we created on here within the Cabot Fan Club, but it was for one purpose and one purpose only - to make them abide by the laws and regulations of the industry for which they subscribe to. They'd got away with this for far too long and needed tuning into the 20th century. They and other dca's still haven't learned and still lie and cheat their way through courts (allegedly) - I worked in the industry (not collecting debt) for 30 yrs and they are still in denial. Just look at Credit Today, their window to the world...it's full of backslapping clap trap events about how good they all are and how many rogue debtors there are. I went to the Credit summit they had earlier this year to listen to Maynard (Ceo of Cabot for those who don't know ) and he's still blaming everyone else for his woe's - (he lost £18 million last year :D ).

 

Keep them off this site until they are abiding fully with the laws of the land and until they are respectable members of the community like all the other cag members or you'll be the laughing stock of the forum world. They don't know the meaning of the word 'debate' because they are all so righteous.

 

Just my usual personal opinion of course. ;)

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Thanks Andrew.

The recent events that you speak of have already been the subject of much discussion and attempts were made pretty exhaustively to explain the situation and the circumstances-its not related nor can do any good to be dragging this up again.

I can see that whatever I or other team members say,it will not change the thoughts or beliefs of some members.

Thats up to them,and those points have been and continue to be listened to.

Lowells touting for business,asking people to phone them,pay unenforceable accounts,etc,to my knowledge has not been sought.

For the record (as has been asked) ...neither has the CAG made any financial deals or took anything in exchange.

 

I have tried to alleviate some fears,and spell the truth.

On that I wont be adding anything further-lets get back to what you are all here for-and let the site team do the same.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Martin with respect, that is not born out by the recent events re Cabot and you know it. Certain long established and respected cag members were hung out to dry by this forum and they should be ashamed of the way they did it. I was extremely disappointed by the way that was done as a long standing cag member myself who has no doubt been lined up for a similar target practice by said company.

 

If a DCA does such a despicable thing and now the founder is even daring to offer one cell of his body to considering letting a DCA on here there will be a mass exodus if people knew what had happened.

 

Sadly, DCA's have a place in this world because people do not pay certain debt, it's a fact of life no matter how unpleasant we believe them to be. I am, as my reputation precedes me, proud of the fury and exposure of Cabot we created on here within the Cabot Fan Club, but it was for one purpose and one purpose only - to make them abide by the laws and regulations of the industry for which they subscribe to. They'd got away with this for far too long and needed tuning into the 20th century. They and other dca's still haven't learned and still lie and cheat their way through courts (allegedly) - I worked in the industry (not collecting debt) for 30 yrs and they are still in denial. Just look at Credit Today, their window to the world...it's full of backslapping clap trap events about how good they all are and how many rogue debtors there are. I went to the Credit summit they had earlier this year to listen to Maynard (Ceo of Cabot for those who don't know ) and he's still blaming everyone else for his woe's - (he lost £18 million last year :D ).

 

Keep them off this site until they are abiding fully with the laws of the land and until they are respectable members of the community like all the other cag members or you'll be the laughing stock of the forum world. They don't know the meaning of the word 'debate' because they are all so righteous.

 

Just my usual personal opinion of course. ;)

 

I couldn't agre more!!!

 

And we thought Dinosaurs were all gone :eek: they still here thumping their feet aren't they?

 

Seems lessons never learnt!!

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Pinky - Your comments are unfounded and unjust.

 

The CAG,as you have probably noticed,has been seeing a number of approaches from various organisations seeking to be given opportunity to show a willingness to attempt resolution of problems.

 

Lowells happen to be one such company.

 

Its early days,and time will tell if the intent is honourable,or productive,but any suggestion that CAG site Admin has agreed to allow this out of any hidden agendas or assist Lowells in payment enforcement,is quite frankly ridiculous.

 

Any progress or success will ultimately rely on CAG members reporting back and updating-only then can we begin to assess as to whether the decision to allow Lowells here has been the right one.

 

Give it time.

 

Sorry Matin but I agree with Phil on this one..GET RID OF LOWELLS.

 

Mr W

Regards..Mr Worried :)

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Perhaps the easiest way to stop this unecessary ill-feeling, is to stop Lowell CRT and other DCA's posting replies to posts.

 

Instead perhaps the site team should just set up a Lowell complaints folder or generic DCA contacts info folder, which simply contains a note of the email address, postal address and telephone number for the Lowell/various complaints teams. This post in this forum folder will just contain this information and make it clear that the information is for forum members use if they wish to make contact. The ability to add any threads, reply to posts or send PM's would be disabled.

 

While I personally agree with the site team, I can also see it from the site users point of view. What happens over the next few weeks, when Cabot, Moorcroft, Capquest complaints teams also want to start posting to this site. They would all have seen the 'cat amongst the pigeons' caused by Lowell CRT which has totally derailed the threads. The DCA's would love CAG threads to start becoming an argument between members, instead of a place to look into their practices

 

I hope this makes sense.

We could do with some help from you.

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With respect Uncle i don't see how this would benefit those users who need help on CAG. Most people who are in need of help already know the address, phone number etc of the DCA's on here, i think setting up barriers for the DCA's to comply with is not needed as IMO they should not be allowed to pursue debt on a public forum such as this, if they do need to pursue any debt surely this should be done by the methods already in place, such as letters.

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