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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and 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.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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geordieman

Lowells - No CCA Provided

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Hi

 

I have Lowells chasing me for a debt that they recently bought from a catalogue company (last payment early this year). As soon as I received their "we have bought your debt" letter, I sent a CCA off them and have just received this reply (The 12+2 days expires tomorrow - 6 Sept)

 

Is this an acceptable reply

 

Thank you for contacting us about your credit agreement. We have asked your original lender for a copy.

 

We will do our very best to send you the information you asked for within 12 working days, but this does depend on when you original lender can send it. We will let you know if we do not hear from them in time

 

We are here to help (lol)

 

Is it 12 working days or simply 12 days in total?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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It is actually 14 days from the date they signed for it I believe. The 12+2 allows for weekends.

 

Get your account in dispute letter ready to fire at them on the 14th day :razz:


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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It is actually 14 days from the date they signed for it I believe. The 12+2 allows for weekends.

 

Get your account in dispute letter ready to fire at them on the 14th day :razz:

 

14 days is up tomorrow 6th Sept then


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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The 14 days period dont apply anymore. sometime it can take up to 60days.

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The 14 days period dont apply anymore. sometime it can take up to 60days.

 

Really? That seems to go against everything that is advised here.


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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But after 12 working day they are in default of your request, they can take as long as they want but if they don't send it to you before the request goes into default you can withhold payment. Even the CSA agree on that, so it must be right.

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Yes Geordie, if the postman hasn't got your CCA for you tomorrow, send them the account in dispute letter. Make sure you get proof of postage - I always send recorded but so long as you get proof I don't suppose it matters.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Hi ...Im just about to send them the dispute letter. Is it worth my time adding a paragraph telling them that I will be paying them an amount that I can afford each month direct into their bank etc etc. (it is my debt after all)


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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No don't put that paragraph on, it is a separate matter.

 

When you say you will be paying them into their bank account, how will you be paying them? Not Direct Debit I hope.

 

It is advisable to get their bank details and set up a standing order. The reason being that with a Direct Debit, they have control over amounts and pay dates etc, with a Standing Order, you are in control of what goes and when!

 

Again, send your letter either recorded, or make sure you get proof of postage, and DO NOT SIGN IT, always print your name!


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Cheers Huggys

 

I will leave out the paragraph.

 

I will be paying them via simple money transfer (I have their bank details from their letters) from my bank ..manually each month. Do I need to send them a letter explaining that I will be making these payments this way or simply start paying at my at a rate I can afford?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Personally, I would just give them what you can when you can afford it. If you offer them a payment they are guaranteed to refuse it. Make sure when you make your payments that you put your DCA Ref or Acc number in the space provided so that your payments don't go astray.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Hi just a quick update and advice.

 

Ive had a few replies from LL’s most them saying that they are trying to get the credit agreement from the original creditor and as soon as they get it, they will be in touch for the full payment.

I have sent them the ‘dispute’ letter telling them they have defaulted and I received this recent letter:

 

We have noted your comments and can advise you that, under the terms set out by the consumer credit act, a creditor has an initial 12 days to provide the documentation requested. After this time limit has passed your account is placed on hold and no collection activities will take place until such time as the requested documentation has been provided. You will, however, continue to get updates from us with regards to your request

.

So the way that reads is, they will wait until they get the agreement from the OC and when they have they will then resume collections. Can they do this legally?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Yes, they have to put the account on hold until they can legally prove that they are entitled to collect.

 

It is now up to you what you do with regards payment.

 

What will probably happen now is if the OC cannot provide your CCA to Lowells, Lowelles will pass the account back and the OC will pass it on to another DCA.

 

Keep all your letters and if it does get passed onto another DCA just send them a copy of your account in dispute letter along with a copy of that letter from Lowells.

 

Basically, until the catalogue company can come up with the goods there is nothing any DCA can do and you are free to pay whatever you want whenever you want without them chasing you for more.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Cheers Huggy.

 

I've actually started paying them just after I sent them the dispute letter as I don't dispute the debt, just the amount. Plus I wanted to pay what I could afford not what they wanted.

 

Can they hand back the debt to the OC? They have actually bought this off them and Ive had a assignment letter?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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You say you are disputing the amount. Is this charges they have added for late payment fees and letters sent etc?

 

If they have been lumping charges on, have you claimed them back yet with interest?


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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If they have bought it, they will probably fob it off to another DCA soon :lol:


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Yeah the amount disputed is a hike in charges etc. SAR'ing the original creditor is on my 'list to do'

 

I read on the forums recently that LL's petitioned someone for bankruptcy ....its that what worries me if Im honest


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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How much do they claim that you owe them?

What was your original credit limit?

They can't make you bankrupt without going to court and if you are paying what you can afford the court will probably laugh them straight back out of the door.

Get that SAR sent off as soon as you can.

With it being a catalogue, can you not log in to your account online and either print off or screen print your statements? If you can then you don't need to waste £10 on the SAR.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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How much do they claim that you owe them? £2.2k

What was your original credit limit? I have no idea !

They can't make you bankrupt without going to court and if you are paying what you can afford the court will probably laugh them straight back out of the door.

Get that SAR sent off as soon as you can.

With it being a catalogue, can you not log in to your account online and either print off or screen print your statements? If you can then you don't need to waste £10 on the SAR.

 

Sadly I can’t log back onto the catalogue account, it just says contact customer support etc. The balance of this back in January was about £1.9k so in that time I’ve been ping-ponging letters back and forth it’s gone up £300 purely in charges. I am going to SAR the original creditor, but this won’t reduce the balance on LL’s because they bought it, so I guess I will pay what they bought and try to reclaim the charges from the OC.


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Have a look at this http://www.consumerwiki.co.uk/index.php/Interest_Tutorial

somewhere near the bottom is a spreadsheet where you input your charges and the interest rate at the time of the charge.

 

If I were you, I would reclaim the charges from the OC and then, if you feel you should, offer the DCA a full and final out of your payment. DO NOT FORGET, if a DCA buys a debt, they pay peanuts for it, I believe (although I may be wrong and somebody please correct me if I am) that they pay about 15p per £1 owing which is why they send out the letters offering massive reductions if you ignore their first attempts at bully boy tactics.


:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

WITHOUT THE HELP OF THE DCA's!!!!!!!!!!!

 

IF YOU NEED HELP WITH UPLOADING YOUR IMAGES THROUGH PHOTOBUCKET CLICK HERE

IF I HAVE HELPED YOU OR MADE YOU SMILE, PLEASE FEEL FREE TO CLICK MY STAR

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Just a quick update. Since sending LL's with a CCA request and having recieved several letters back saying they are trying to obatian it from the original creditor, I recieved this off Mr Postie:

 

What does it mean?

 

Dear Geordie Man

 

We refer to your request for a copy of the original credit agreement for this account.

 

After being in touch with XXXXXX to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened.

 

At this time we have closed our file and will not make any further contact with you concerning payment against the account unless the copy of the agreement is recieved at some point in the future from XXXXXX

 

Yours.....

 

Balance is about £2k

 

Does it mean that they are going to sell the debt back to XXXXX or sell it on to who ever buys it?

Edited by geordieman

Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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Anyone?


Current Debt : Approx £LOTS :-( ........................................................................Estimated Debt Free : Nov 2014 :-D

 

Barclaycard (wife) £1,080.43 Refunded

Barclaycard (me) SAR in progress

Shop Direct (x3 accounts) SAR completed. Claiming £3389.37 charges and £3,500 PPI

MBNA ..........SAR in progress. Charges & PPI from 1996 - present!

 

Your next ----> Lloyds Mastercard x2 - OPUS - Coop Visa - Monument Visa - RBS Visa - Cap One Visa x2 - Redcats x2

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It means they cannot provide you with your cca so there is nothing more for you to do. If they ever do come up with your cca in the future then you can make them an offer. Well done! you can forget about this for now. :wink:

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