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    • I have read through a number of similar threads, but one thing i'm not sure how to proceed about is that I live abroad in the middle east and have done for several years. The claim letter was sent to my parents address and I really don't want them to be harassed about this. I am sure I sent the original creditor a registered letter with my change of address but can't find this currently. I am not in a position to pay this, and tend to come back to the UK to see family at most once a year (less since Covid), so not particular bothered about my financial score...more concerned about harassment of my parents. I have not registered on the gov gateway or anything like that.  Details below (as best as i can), and thank you for taking the time to look into it. Also redacted claim form attached: Which Court have you received the claim from ? Civil National Business Centre (Northampton) If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant ? PRA Group (UK) Limited   How many defendant's  joint or self ? Self   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 23/5/24   ^^^^^ 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   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)  if your defence filing date falls on a W/End, you must file by friday @4PM Tues, 11/6/24 (19 days)  Thurs, 25/6/24 (33 days)   Particulars of Claim   What is the claim for – the reason they have issued the claim?  The Claimant claims the sum of £7926 for an outstanding debt owed. On 20/4/18 the Defendent entered into an agreement with Lloyds Bank for a Credit Card under reference [16 numbers]. On 10/5/22 the Defendant defaulted on the agreement with an outstanding balance of £7296. On 28/11/23 the debt of £7296 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the Defendant in accordance with S136 Law of Property Act 1925. The Claimant has instructed PRA Group (UK) to act on its behalf and the CLAIMANT CLAIMS 1. The sum of £7925   What is the total value of the claim? £8481 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? I believe I sent a letter by registered mail of a change in address to abroad in 2021. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card   When did you enter into the original agreement before or after April 2007 ? After   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   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? Not personally - probably sent to my parents   Did you receive a Default Notice from the original creditor? Not personally - probably sent to my parents   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not personally - probably sent to my parents Why did you cease payments? Unable to afford, living abroad   What was the date of your last payment? Unsure (probably 2021)   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     Claim form 23-5-24.pdf
    • While we wait for someone to explain how farage is any better than sunak  .. if not worse   One of many likely upcoming belly laughs   Reform chairman Richard Tice has accused the Tories of (reform like) “dirty tricks” after one of his party’s candidates withdrew his papers to stand at the last minute and endorsed former cabinet minister Sir Gavin Williamson. In a dramatic final 24 hours before nominations closed there had been fevered speculation that as many as six Tory MPs and other candidates could defect to Reform after Nigel Farage decided to stand in Clacton and become leader. But instead no Tories switched and Tom Wellings, the Reform candidate for the new seat of Stone, Great Wryly and Penkridge in Staffordshire, quit and put out a statement endorsing Sir Gavin.   Who does he think he is an Anderson, a Carswell !!! was heard at the reform HQ pub ... as Candidate brushed aside by Farage in clacton to run as an independent    Tice accuses Tories of ‘dirty tricks’ to persuade Reform candidates to stand down WWW.INDEPENDENT.CO.UK Exclusive: A furious row has broken out after a Reform candidate’s last minute defection to the Tories   :ROFL  
    • See what you think of the attached. I have to do some proofreading of an English grammar book for an Italian publisher this weekend - for money! - so I'm afraid corrections and suggestions will come in dribs & drabs.  I've totally knackered the layout, the numbering and the order of your Exhibits but there will be several versions done so don't worry about that ATM. Your arguments are superb. What is less superb is the way you jump from one to the other and back again, so I haven't changed your words, but I have moved the paragraphs around and given each section a heading. New bits are shown in red. Crossed out crossed out in black is something you've quoted from the government Code of Practice, but that has since been withdrawn so unfortunately that argument has to go. Your paras 7 & 8 don't harm your case but to me are waffle and can go.  Keeping the arguments clear & concise will always impress a judge. IMPORTANT - did you ever send Simple Simon a CPR request?   Defendant's WS - version 2.pdf
    • Björn Ulvaeus appeared on stage in East Yorkshire at a conference held at the Bridlington Spa.View the full article
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      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.

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SD from Lowells via Hampton Legal for CAP1 card debt - HELP!!


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Liam the court guy mentioned an affidavit.........never gave him any info ref the case at all...

 

you mentioned that there may be a fee if you file late for a stat demand .My demand is dated 25 days before

 

i recieved it,but this is the first time I have mentioned it,as this seems to be a Lowell practice ,looking at other threads.

 

Is this likely to come back and bite me on the bottom?

Edited by bluekooga
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Well apart from one late filing of a statutory demand, and as you will read on all the other stat demand cases on here yours will be the first ever I have seen in 5 years to have to pay a fee....

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Hi CAG

Went to court today and delivered set aside papers with witness statement.Also had to supply copy of original SD.

Now have to wait for Judge to give me a hearing date.

Will keep you informed when that is.

Will I need to prepare any other paperwork to bring with me to the hearing? Medical papers,costs,correspondence

from capone ref charges and PPI,(if they arrive) and hopefully the amounts thereof?!

 

42man correct,NO FEES TO PAY,WITNESS STATEMENTS NEGATE THE NEED FOR AFFIDAVITS.

Edited by bluekooga
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  • 2 weeks later...

Hi CAG

CAPONE sent letter saying will not refund default sums added to the account in the last six years and will robustly defend their entitlement to these charges and that FSA rules require them to make me aware this is the final response and that I have six months from the date of the letter to refer it to the F O S

 

Any comments would be welcome.

 

Thanks

 

PS they have not yet responded to the SAR

Edited by bluekooga
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Hi 42man/CAG

Recieved another threatening letter from Hamptons Legal representing lowell Financial/lowells Portfolio.

It mentions an Official reciever,and that they would be prepared to accept a discounted settlement of 20% if i pay by the end of July

or pay 25% followed by monthly instalments.If I fail to resolve this matter they will shortly petition for my bankruptcy.Signed S H Head of legal compliance.

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Hi 42man/CAG

Recieved another threatening letter from Hamptons Legal representing lowell Financial/lowells Portfolio.

It mentions an Official reciever,and that they would be prepared to accept a discounted settlement of 20% if i pay by the end of July

or pay 25% followed by monthly instalments.If I fail to resolve this matter they will shortly petition for my bankruptcy.Signed S H Head of legal compliance.

 

Hold on, you have put set aside application in and they are still sending threatening letters whilst litigation is planned ?

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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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I wonder if it is worth checking with the court to see if they have sent a copy of the application to Hamptons !

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

1: How can BCOBS protect you from your Banks unfair treatment

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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What , see if the court have sent a copy of my set aside application to Hamptons?Even though Hamptons lowells etc are all at the same address?How would that help me?

 

Because that's the process bluekooga, all applications to set a side are sent to the Claimant for response.All activity should cease on collection.

We could do with some help from you.

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Phone would be quicker but I would also advocate emailing both the Court to inform them of this harassment whilst litigation is in process and Hamptons/Lowells to inform them same and that you have reported them whilst an application is being processed.That should cease the threat o grames.

 

Regards

 

Andy

We could do with some help from you.

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It makes them aware that you know the process and that an application is pending, unless of course you wish them to maintain the harassment.We can only advise.

 

Regards

 

Andy

We could do with some help from you.

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Hi CAG

Another letter from Hamptons Legal this morning, it has 3 main headings......

 

We have requested a copy of your credit agreement

They have asked capone for a copy

We will reply as soon as we can

Will do their best to reply within 12 working days.....(SAR was recieved by capone on 27th June so must reply to me by 6th August under 40 day rule)

We're here to help

If I have any more questions they will be pleased to help......

 

Flipping Blink!! Big change in their tone....would this be so they can show the court how nice they are???????

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You can at least, when/if it goes to a hearing show the judge the SAR, the recorded delivery slip.....to show that you have made more than a reasonable attempt to get information....and show that they are in breach of the data protection act. As far as the SAR goes then you need to send them a recorded delivery letter entitled LETTER BEFORE ACTION, give them a further 14 days to comply, and enclose a copy of the original letter and royal mail slip - have a look here - http://www.consumerwiki.co.uk/index.php/Data_Protection_Act:_Non-Compliance

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