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    • Now some at this stage might think I'm leading to doggerland as the site of Atlantis   https://www.winterwatch.net/2019/01/did-the-inspiration-for-atlantis-flood-and-ark-legends-stem-from-paleo-doggerland/           but for a number of reasons, I'm not ... although I think it is a part of the larger story,   Its a little late. I believe the final inundation of doggerland is part of the later Biblical flood and related myths. (Black Sea, Arabian Gulf, West coast of India etc) ... but worthy of mention is that it could effectively make up one of three 'larger' islands as detailed in the legends far better than the Azores does. ... and mammoths/elephants crossed that bridge - although carefully check the dates of those mammoth/elephant migration evidence. They seem to end 11000bp.           http://www.bbc.co.uk/earth/story/20150722-lost-beasts-of-the-ice-age   http://www.canada.com/technology/Massive+Canadian+melt+have+triggered+flood+biblical+proportions/3954124/story.html   https://en.wikipedia.org/wiki/Outburst_flood   http://www.talkorigins.org/faqs/flood-myths.html#Sproul    
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    • Yes because you have not entered into an agreement with the claimant...nor do they state you ever did.   2.The loan was funded by Ferratum Uk Ltd.
    • Hi DX   Thank you for that.   No house move    Doh ... I know what a PAP LOC is now (apologies for being slow !)   I have had a tinker and found another defence example which I have taken account of.    How does the following now look ?  (bit lengthy apologies in advance !) **********************************                                                                           Particulars Of Claim 1.The claimant claims this amount in respect of an unpaid loan, regulated by the Consumer Credit Act 1974. The loan was funded by Ferratum UK Ltd.   2.The Defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant upon which a Notice of Assignment was sent to the Defendant.    3.The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments.   4.The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance to no avail.    5.The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/02/2019 to 23/07/2019 on  £417.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09."    " Defence    1.            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.   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.           Paragraph 2 is denied. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.  And it is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925    3    Paragraph 3 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £431.81. It is denied the defendant failed to abide by the terms of contract.   4.       Paragraph 4 is noted although I have no record of ever receiving a Default Notice or Notice of intention to serve a Default Notice in this matter.    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:   6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 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 section 77/78 request and remain in default and with regards to my CPR 31.14 request.   (a) show how the Defendant has entered into an agreement ; and (b) show and evidence the nature and service of a default notice pursuant to sec87.1CCA1974 © 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;   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   ******************** end of defence ************
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will lliw

Recieved SD from Hamptons, Lowell portfolio l LTD

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Yes you MUST attend and fight your corner.....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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If this is the case I ask why have they done this to me, if it were my debt, it is not as much money as it will have cost them up to now. Aaaaaaaaaarg.

 

Thank you for advice about Annulment Hearing I will be there.

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Hello,

Hamptons send so many legal letters, hoping I am sure, that you ignore statutory demand, which they do not deliver to your person,

and then they swoop in for the kill. Why the Courts are allowing this I do not know. The Judge in my case told them this should have been a CCJ but they just shrug their shoulders.

Lowells are on a list at The Ministry of Justice as one of the Debt Collecting companies that drive people to suicide.Why then are they allowed to continue?.

An update on my case, the Insolvency Service have informed me today that my Annulment application is to be heard on Monday at 2pm, They were not sure if I needed to attend, can you help at please?

 

As 42man says, YOU MUST ATTEND. You will need to put your case in person.

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Sorry to hear about your situation Foggy, I will come catch up on your thread shortly just a quick update on mine first....

 

Just go back from my 60 mile round trip to apply at the correct court, documents submitted and the clerk has put me in the 'urgent' pile. Also told me still no petition recieved from Hamptons :whoo:and a she also said a majority of the SD she see's are from "these horrible people" (her exact words) so its down to the judge to accept my late application and im cautiously optimistic today but that changes daily just like the weather! ~Hope to get some proper sleep now.... On a side note im hopeing the flat tire I got along the way today is all the bad Karma this situation has to deliver to me.

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Good, at least you have it submitted now. Interesting that nothing has yet been filed by Hamptons !


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Sorry to hear about your situation Foggy, I will come catch up on your thread shortly just a quick update on mine first....

 

Just go back from my 60 mile round trip to apply at the correct court, documents submitted and the clerk has put me in the 'urgent' pile. Also told me still no petition recieved from Hamptons :whoo:and a she also said a majority of the SD she see's are from "these horrible people" (her exact words) so its down to the judge to accept my late application and im cautiously optimistic today but that changes daily just like the weather! ~Hope to get some proper sleep now.... On a side note im hopeing the flat tire I got along the way today is all the bad Karma this situation has to deliver to me.

 

Fingers crossed Will. Keep in touch with the court by phone, to see if there is an outcome.

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Good, at least you have it submitted now. Interesting that nothing has yet been filed by Hamptons !

 

It appears that they have sent the SD to the wrong court.

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Oops - well surely they should know where to send it ?


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Sorry to hear about your situation Foggy, I will come catch up on your thread shortly just a quick update on mine first....

 

Just go back from my 60 mile round trip to apply at the correct court, documents submitted and the clerk has put me in the 'urgent' pile. Also told me still no petition recieved from Hamptons :whoo:and a she also said a majority of the SD she see's are from "these horrible people" (her exact words) so its down to the judge to accept my late application and im cautiously optimistic today but that changes daily just like the weather! ~Hope to get some proper sleep now.... On a side note im hopeing the flat tire I got along the way today is all the bad Karma this situation has to deliver to me.

 

Will,

 

Did the court suggest that they had not even received the SD application

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Very interesting indeed, and well glad i finnaly got it filed despite the flatty! Thought i might get somthing in the post today from them follwing my CCA request, prob turn up soon no doubt.....

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Will,

 

Did the court suggest that they had not even received the SD application

 

Erm, the clerk said my application was going to be looked at by a judge urgently, prob within 5 days due to it being late. The clerk confirmed that no petition had been recieved and when I asked about the certifiacte of service I learned that for an individual it is submitted at the time of the petition so in effect Hamptons have submitted nothing to the court as of yet.

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The court named on the SD say its not them any longer and the court I was directed to can't confirm or deny whats going on with the boundrys. The county court that used to serve my town was closed atleast a year ago and after a quick google I found documents to that effect (downloaded and kept safe just incase).

I asked the Clerk today about what court my town is under but there seems to be some confusion at present within the courts themseloves as I couldnt get a decisive answer out of the clerk.

Interestingly the government have closed these courts in order to save a few million quid, not hundreds or tens just a few million quid! Peanuts for G8 country spending billions on illegal wars, but ok to jeperodise the access to justice for its own people, a right enjoyed by Englishmen since Magna carta! They could find this money if they route down the sides of the sofas in the house of lords I bet!

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The court named on the SD say its not them any longer and the court I was directed to can't confirm or deny whats going on with the boundrys. The county court that used to serve my town was closed atleast a year ago and after a quick google I found documents to that effect (downloaded and kept safe just incase).

I asked the Clerk today about what court my town is under but there seems to be some confusion at present within the courts themseloves as I couldnt get a decisive answer out of the clerk.

Interestingly the government have closed these courts in order to save a few million quid, not hundreds or tens just a few million quid! Peanuts for G8 country spending billions on illegal wars, but ok to jeperodise the access to justice for its own people, a right enjoyed by Englishmen since Magna carta! They could find this money if they route down the sides of the sofas in the house of lords I bet!

 

Indeed will.

 

Hopefully the judge will throw the SD out,as they have nothing else to go on. Judges do not like the SD system used as a means of debt enforcement.

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I hope your right and I just hope the judge can get past my late application, guess I will find out soon and have left enough tracks here for others that may wish to follow in my footsteps.

 

What do you think of my statement as im worried a judge having a bad day might refuse it? post 74 http://www.consumeractiongroup.co.uk/forum/showthread.php?353505-Recieved-SD-from-Hamptons-Lowell-portfolio-l-LTD/page4

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The petition will be served on you first, then filed with the court immediately after service.....the court will only get a copy of the statutory demand if the defendant submits a set aside or if they progress to petition stage and they would have to attach the demand to the petition with an affadavit stating how service had been effected or if service hadn't been effected what attempts they had made and why they were 'posting' it.


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - 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.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I hope your right and I just hope the judge can get past my late application, guess I will find out soon and have left enough tracks here for others that may wish to follow in my footsteps.

 

What do you think of my statement as im worried a judge having a bad day might refuse it? post 74 http://www.consumeractiongroup.co.uk/forum/showthread.php?353505-Recieved-SD-from-Hamptons-Lowell-portfolio-l-LTD/page4

 

You could have gone on the disputed debt as well. It is filed now so just sit tight.

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Oh! I was under the impression the petition went straight to the court, guess ive still plenty to learn 5 days into my insolvency law crash course!!!! Well I guess thats good news then since I havent recieved personally but did get those letters after SD time limit offering discounts to settle and warning me they will petition for bankrupcy.

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Thanks for FB!!! sitting at present but not so tight!!! :-)

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Those letters were probably the creditor grasping at air because they know theyve messed up.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Morning all!!!

 

Recieved letter from the court this morning :???:

 

 

 

 

 

The court has recievd your application to set aside a demand.

 

Your application will not be given a hearing date immediatly. It will first be refered to a district judge. If the judge considers thjat your application shows no cause for setting the demand aside, your application will be dismissed. If this happens you and the judgement creditor will be told.

 

If the district judge does not dismiss your application on this first consideration, you and the judgement creditor will be sent a time and date when the application will be reconsidered.

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Fingers crossed!


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Morning all!!!

 

Recieved letter from the court this morning :???:

 

 

 

 

 

The court has recievd your application to set aside a demand.

 

Your application will not be given a hearing date immediatly. It will first be refered to a district judge. If the judge considers thjat your application shows no cause for setting the demand aside, your application will be dismissed. If this happens you and the judgement creditor will be told.

 

If the district judge does not dismiss your application on this first consideration, you and the judgement creditor will be sent a time and date when the application will be reconsidered.

 

 

basically saying that if j accepts 'out of time'/late application and there is poss cause then a hearing date will be set. otherwise dismissed.

'If the application to set aside the statutory demand is not dismissed immediately, the court will fix a time for hearing the application and give 5 business days’ notice....'.... 'If the court dismisses the application to set aside the statutory demand, it must make an order authorising the creditor to present a petition immediately or at a specified date' (etc post #4)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited by Ford

IMO

:-):rant:

 

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Hello,

Your postings are helping me although I am further down the line, it is making me realise how wrong the Courts can be its almost as if we are the ones that should know more than they do. My annulment hearing is on Monday, will Lowells be there do you think?

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Hello,

Your postings are helping me although I am further down the line, it is making me realise how wrong the Courts can be its almost as if we are the ones that should know more than they do. My annulment hearing is on Monday, will Lowells be there do you think?

 

I think 42man will probably be able to answer that one, foggy.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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