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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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Lowell and O2


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Hi there,

around two years ago I ended my contract with O2 but after 6 months of doing so they sent me a letter saying I owed monies and this was my final bill, I wrote back telling them I disagreed with this and I owed nothing.

 

From that period I had to deal with 3 DCA's all trying to collect on behalf of O2 with varying different amounts of what i was supposed to owe, I asked each DCA I was dealing with at the time to send me proof and breakdown of this supposed bill and the first two were unable too so went on there merry way while the third did attempt to offer some thing in the way of 3 lots of account statements that ranged from me owing £62, £38 and £0, nothing related to the £79

that was quoted I owed from their demands and certainly different figures each time depending on what DCA I was speaking to at the time.

 

Spoke with last DCA and sent them off with a flea in their ear and that was last I heard for over a year.

 

Seems now Lowell have sent me two letters in the same envelope both dated 23/2/2012 and received on 27/2/2012, one supposedly from O2 saying that they had sold the debt to Lowell’s and any contact with regards to the debt should be directed to them, I say supposedly because of the poor quality paper it was printed on and the fact that it was sent in the same envelope as the Lowell letter advising me of Assignment of debt.

 

I have had no formal notification from O2 apart from the letter that Lowell’s sent me and so do not recognise their right to try and collect on a debt that has never been proved.

 

Letter from Lowell stated that if i do not pay in full or setup a repayment plan in 5 days they will instruct their debt collection agency Red to collect on their behalf.

 

I now await further communication from these idiot's and look forward to telling them where to go.

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ahhhh bless Red debt collections the desk behind Lowells, and when you ignore them they pass it to next desk along Hampton Legal....then when thats ignored Lowells write again and guess what it starts all over again

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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thats why we call them lowlife.

 

they have a draw full of differing company letterheads that they copy onto paper

try try and make their spoofing tactics look more real.

 

ignore

 

next will be a discount letter

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Just an update, had a call from Lowell's last week wanting to discuss how I wanted to make the payment, yea as if :roll:

 

I allowed the call to go ahead as I have just purchased Trucall and had just taken my happy pills so was in a teasing mood.

 

The gentleman in question wanted to know my telephone numbers and if I owned my own home, well happy pills or no

happy pills I refused to answer any of his questions and only replied that I do not owe a debt and to send me proof of alleged debt

and he kept insisting they had but all they had sent was an amount they claimed I owed with no breakdown or what it was for.

 

He finally he hung up

 

Got an email from them asking me to pay the alleged debt as they can see no reason for me not to, replied to that email with the Prove It Letter.

 

Received a letter today from Red Debt Collections agency as they have been asked to collect on behalf of Lowell Portfolio and to call them to make

payment, I hope they are holding their breath while waiting for me to call.

 

I now await their next call, cant wait. :razz:

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wooohoooo they haved moved it down a desk to Red.........next on list is Hampton Legal or as they know seem to be known HL solicitors

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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  • 2 weeks later...

Ignore the fools, seriously, give a dog a bone and it will keep coming back.

You owe nothing, they have nothing, you will pay them nothing, ignore them get on with your life, unless of course, as I do, you want to bait them and run the idiots ragged.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ignore the fools, seriously, give a dog a bone and it will keep coming back.

You owe nothing, they have nothing, you will pay them nothing, ignore them get on with your life, unless of course, as I do, you want to bait them and run the idiots ragged.

 

Like yourself, I am not adverse to baiting them and will be paying nothing. :razz:

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On a more serious note, I have never heard of anyone being taken to court for such a pathetic amount, least of all a mobile phone account.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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