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    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
    • Includes eligibility, appeals, tax credits and Universal Credit View the full article
    • 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
    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
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    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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BBC - Warning over debt clearance claim - useful link


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Its probably sensible guidence although i believe it is the bully boy tactics of DCAs and the people they employ that has resulted in the public fighting back so a situation that they have created themselves, most people go into debt due to circumstances that are unforseen or out of their control so an approach of working together to solve the situation would be more productive for both partys but the DCAs refuse to see this and try and go for the jugular every time (all be it with a playdough knife in most instances) which results in the debtor becoming less likely to want to pay owt even if they are aware of any money owing

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I agree with the above. Mind you, I guess those companies, and the situation with unenforceable CCAs will eventually run their course. Perhaps that is why we are seeing a rise in the revival of old and SB debts being chased. If only half of these result in payments being made/agreed then they have discovered another, albeit morally incomprehensible source of income.

 

Of course, also, with the downturn in lending, and the amount of 'information' these companies put against a credit file, they are really shooting themselves in the foot - if more and more people have 'bad' information, then there will be less and less lending so, in the long game, less work for them120104laughter061.gif

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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My reason for challenging DCAs was purely because of their unreasonable demands for payment amounts and for completely ignoring my reasonable offers of payment.

 

I have continued paying the DCAs who have been sympathetic to my situation (two out of the four). My point on this was purely to tell the unreasonable DCAs that if they were going to continue in their demands, then they'd have to prove that they were legally allowed to collect alleged debts.

 

Threats of black marks on my credit file or CCJs against me don't bother me at all as my credit file is already shot, I own no property, have no appreciable assets and have a pittance of an income - in fact always (technically) just a couple of months away from being homeless - they can't hurt me any more.

 

The article is probably quite right, and I've never sought to avoid repaying my debts, but I think if you are prepared to stand up to their bullying tactics, it's worthwhile doing so .

 

Thanks for the link coledog :)

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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My pleasure Halibutt, it is the first report I have seen about this although I heard it was going on.

At your Service

 

Please Double click the Star and leave a message if I have helped you

 

Please support CAG and they will support you.

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