Jump to content


  • Tweets

  • Posts

    • Blame Apple for completely changing how macOS apps needed to be written and verified overnight with Catalina.
    • Oh yeah... So there is. ..    Hopefully it won't try to upgrade 😂😂
    • There's the ability to download origin for macOS Mojave and older right on the EA Website. www.ea.com/origin-for-mac      
    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  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 15-09-21, 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 issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes 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? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit 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 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell 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 purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so 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 sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 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
    • In addition to the advice and questions asked by my site team colleague above, where did you get the template from which you used to reply to the letter of claim?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

1st Credit........Are they serious?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4971 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Well the very fact they mention Mucky Hall in their letter tells you they are on a loser, Muckys only deal in debts nobody else is interested in or stature barred, the only time muckys will see the inside of a court during their collection process is as 'The Defendent'

 

Just let it lie and see what they come up with

Link to post
Share on other sites

  • Replies 74
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

See also http://www.consumeractiongroup.co.uk/forum/showthread.php?261822-More-wingeing-in-Credit-Today&p=3122236&viewfull=1#post3122236

 

This is the 'industry' news, telling their members that the OFT want them to tighten up on identifying the correct person before pursuit of a debt.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

Link to post
Share on other sites

Having slept on this, I'm beginning to get really angry and frustrated.

Am i being stitched up by 1st credit as they claim i have made payments to "their agents" MacKenzie Hall as recently as 2008?

This is a lie as i have never dealt with either of these company's ever.

 

They have my name, address and the address of a previous partner as they stated in their original contact letter,

They also state that the "debt" is from 2003, so surely it is statute barred, but with them stating that i made payments in 2008, is that a ploy to stop it being statute barred?

They will not be able to provide any evidence because there isn't any, unless they forge some documents.

Do you think i will hear any more from them?

Link to post
Share on other sites

Thanks Elsa.

 

I'm torn between writing to them and telling them they have got the wrong person and threatening them with a complaint to trading standards for harassment or just completely ignoring them.

 

Then again i would be better actually making an official complaint to the OFT although I'm not sure how i would go about this.

Link to post
Share on other sites

I know..it's tempting, but if it was me I would await their next response so you will have more ammunition for a complaint (if they continue to pursue it).

For they moment at least they have acted correctly in putting the account on hold. Let's see if they keep to their word.

 

Elsa x

Link to post
Share on other sites

Hi Tiddles,

Have you thought about checking your credit file?

It's not unknown for these chancers to trash your credit file even though you aren't the person they are after.

 

Once they come back and admit their error, I'd raise a complaint with them and report them to Trading Standards

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Just a short formal letter:

 

Dear idiots anonymous,

 

Re: Alleged account number blah blah

 

Please supply me with a full statement of the above.

 

Yours faithfully,

 

blah blah

 

(don't sign it, print your name and send recorded delivery keeping a copy with your PO receipt)

 

:)

Link to post
Share on other sites

They have my name, address and the address of a previous partner as they stated in their original contact letter,

 

but with them stating that i made payments in 2008, is that a ploy to stop it being statute barred?

They will not be able to provide any evidence because there isn't any, unless they forge some documents.

Do you think i will hear any more from them?

 

This sounds like your previous partner may have had a finance arrangment with the original creditor and at some stage you were financially linked to them. Perhaps this partner was previously chased by Mucky Hall and they made the payments.

 

The question is why they are chasing you? Unless your previous partner entered your name on some financial arrangement and signed for you, I can't see that you have anything to do with it.

 

This could be why the debt is no longer on your credit record. The previous financial association has been found by someone looking at some historic record and they have written to you, because they can't get hold of your previous partner.

 

Could this be the case?

 

Wait for the documents from the original creditor and see what the score is? If they don't supply them, ask them for the original creditors reference number, so you can make a subject access request to them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I am thinking of sending them this letter.......Thoughts anyone?

 

Dear Sir/Madam,

I am in receipt of your letter dated 6/9/2010.

Your comments are duly noted and copies of all your correspondence will be forwarded along with all my reply’s to the OFT along with a complaint regarding your harassment of myself.

Please read this carefully, I have never held any account or had dealings with Yorkshire bank, your selves or MacKenzie Hall.

 

You are contacting the wrong person; if you continue to contact me regarding this debt I will take steps via the courts to ensure you no longer harass me for a debt that is not mine.

I am well aware that the OFT are monitoring your business practices and you have been warned about issuing demands for money from people when you are not even certain that the person you are contacting is the correct person.

 

I note in your letter that you state “You appear to have made repayments as recently as May 2008, via our agents, MacKenzie Hall”

This proves that you have the wrong person, as I have never made any payments to the above named company, or as I suspect the statement you have made is a downright lie.

I suggest you do one of two things now, One is you write to me admitting that you have made a mistake, with a sincere apology for your actions and that the case is now closed or Two, you send me proof in the way of statements to back up your claims.

 

I suggest you act on option One.

Link to post
Share on other sites

tiddles

 

Yes I think your letter should be sent by recorded delivery.

 

I think you should look into whether your previous partner has included you in some financial arrangement, that you know nothing about.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Unclebulgaria,

Thanks for your reply, but i can state with 100% confidence that my girlfriend of many years ago was and still is a very wealthy woman, I'm still in touch with her on a regular basis.

She has never even heard of the word credit, come to think of it, i wish i hadn't let her go!

 

So that is definately out of the question, i can only imagine they have the wrong person and am certain after receiving my letter they will close the case.

Link to post
Share on other sites

So that is definately out of the question, i can only imagine they have the wrong person and am certain after receiving my letter they will close the case.

 

Hope you are right but dont count your chickens, these fools would not know if they had the right person if they turned up at their office with passport in hand and said I am Me

Link to post
Share on other sites

  • 2 weeks later...

One and the same just another desk in the down stairs lav.

I would challenge the search title utilities, don't think crapnought sell gas , electricity or water.

Connaught do the dirty work for 1st Crud.

Which CRA and under which table is it placed?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

One and the same just another desk in the down stairs lav.

I would challenge the search title utilities, don't think crapnought sell gas , electricity or water.

Connaught do the dirty work for 1st Crud.

Which CRA and under which table is it placed?

Experian, it was done today and the reason for search just says utility.

Link to post
Share on other sites

Sounds like a report to the information commissioners office and OFT as this is totally misleading.

Write or e-mail Experian to query the entry, and a similar bemused letter to Connaught.

The whole group 1ST credit, Connaught,LCS Law & Judge & Priestley seem to be resorting to even more underhand tactics than usual.

Perhaps one of the site team should have a look at this, never seen a DCA use Utilities as a reason for a search.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...