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Lowell Statutory Demand help!! - *** WON + COSTS ***

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I received a statutory demand from Lowell on the 7th November 2012. The demand was regarding two debts which they had bought from other companies, both of which are originally catalogue debts.

 

Having spoken to the national debtline, I was advised that as these were catalogues which were taken out pre April 2007, I should send a CCA to Lowells and if no credit agreement was supplied, to apply to have the demand set aside,which I did.

 

A hearing was set for the 17th December at which their solicitor requested more time for them to respond to the CCA request. This was granted and a further hearing is now due on the 14th February.

 

The letter I received from the court says:

 

IT IS ORDERED THAT:

1. The Respondent do file and serve a statement in response to the applcation by 4pm on 15th January 2013.

 

2. The Applicant do file and serve any response by 4pm on the 29th January 2013.

 

3. The matter be relisted for hearing on the 14th February 2013

 

4. Costs in the application.

 

Is there anything I need to do now? Obviously Lowells need to file a statement first, will I get a copy of this, or do I need to ask the court for a copy? Other than waiting to see what the statement says, is there anything I should be doing in the meantime?

 

 

Any advice would be much appreciated.

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Hello,

 

The bit where it says "do file and serve a statement" entails both filing the required statement with the court AND serving a copy of that statement on the other party. This can be done simply with first class post so expect to receive their witness statement in the post before the deadline. They still need to respond to your CCA request though.

 

When it comes to your turn, do use a method of post that gives you proof of delivery rather than just first class post though, just in case they want to play silly b**gers and claim you didn't serve them.

 

Fingers crossed that by the end of the 15th you don't hear anything because they can't get their act together :-)

If they do respond, post back and the CAG members can help you with your response. Until then, there's probably not too much to do.

 

FFP

Edited by FitForPurpose

My Background: I am not legally trained so the advice I offer is as a result of my experiences in business and being dragged through a bankruptcy process by a leading London law firm over a debt that turned out to be false. I won as a litigant in person :-)

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Right so they have to provide you with the information by the 15th, then you have to enter any response by the 29th January.

 

Lets see if they provide anything by the 15th.. if they dont, then we can advise further.

 

They will need to provide both you and the court the information. I would suggest if you have NOT received anything by the 15th you contact the court and check whether they have sent to the court to show what good little peeps they are and then send yours by snail mail and try to make it look as though they have sent it on time.

 

Keep any envelope it comes in.

 

It is possible that they try to speak to you before then, if they know they are unable to get their hands on the documents.


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Wait and see what is produced and please do spend some time reading around these forums, where you will get some really useful information on stat demands and the intricacies of consumer credit. Even if you do get the agreements then do let us know. Any chance either of the alleged debts may be statute barred ? (i.e. you have not made any payment towards them for at least 6 years ? - 5 years in Scotland)

 

Any excessive charges or payment protection on the accounts as far as you can remember ?


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

 

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Neither of the debts would be statute barred, and the only charges on the accounts would be late payment fees, so I assume that these wouldn't be classed as 'excessive'? No payment protection either.

 

I have been looking around this site and am starting to get a bit worried that I may have been given bad advice from the national debtline to try to have this statutory demand set aside purely down to the fact that they are catalogue debts that were taken out before April 2007 and I have no recollection of signing a credit agreement. From reading other threads it would appear that this on its own is not a good enough reason to have the demand set aside. Plus, I was never warned that the other side might try to claim costs against me, so now I'm terrified that I am not going to be successful, and am going to have huge costs to pay.

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Hello,

 

The advice the national debtline gave you was to make a CCA request of Lowell. What this means is that you are ordering them to produce a copy of the agreement under which credit was taken. If they can't find it, they can't enforce a debt against you. So if they haven't shown that they have it in time for their deadline to serve a witness statement (15th January), I would read this as they probably haven't got one.

 

Regarding the issue of costs, don't worry about this. If you "win" your application to have the SD set aside, they have to pay your costs. If you are not successful, costs will be added to the petition and that's an issue for another day...

 

FFP


My Background: I am not legally trained so the advice I offer is as a result of my experiences in business and being dragged through a bankruptcy process by a leading London law firm over a debt that turned out to be false. I won as a litigant in person :-)

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It will be interesting to see if they can supply a copy of the agreements.....please do have a good read around these forums as you will pick up some more useful information...


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.

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So the 15th has come and gone and no paperwork from Lowells. I phoned the court to ask if Lowells had filed anything with them, and was told that nothing was showing as being received on their system, however it can take 5-10 working days for the system to be updated! She said that I could write a letter to the court to say that the paperwork hadn't been received by myself. What should I do now?

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Allow them one or 2 days of grace....you could write to the court stating that they have not adhered to the orders of the court.


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.

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If there are triable issues - then the Insolvency regime should not be used - they should issue a claim properly through the court.

 

Lowells, despite taking it to the bitter end in some instances, are using the BR route as a debt collection tool.


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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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Still nothing received from Lowells almost a week later. What should I do now?

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I think you should write to the courts explaining that as of (todays date) the claimant has not sent any paperwork.

 

Did you submit your costs ?


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.

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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.

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Ok. Should i also send a copy to lowells? if so, they are using bw legal as their solicitors so should I write to bw legal, lowells or both?

No I haven't submitted costs, I thought that would be part of my response to whatever I should have received from lowells. What sort of costs can I claim? Is there a certain way to set these out i.e. on a spreadsheet or just as part of the letter?

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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 would probably not bother write to Lowels or BWLegal - just let the court deal with them for not adhering to their order. I think just write to the court and ask them to set aside the demand now that it is clear BWlegal / Lowells cannot substantiate their claim and clearly do not feel the need to follow court orders. Rub it in a little! Ask the court to award you costs.

 

Regarding those costs, you can claim for 4 things. (1) You can claim for your financial losses where you can prove the loss. For example, having to take a day off work to deal with the case resulting in the loss of a days pay. (2) Where you cannot evidence your loss, you can claim £18 per hour for the time you have spent dealing with the case. Be sure to claim for all the time you have had to research and seek advice. Regarding the sum of these first two, they cannot exceed 2/3rds of what a legal professional would have charged to do the same thing. (3) You can claim the cost of any specialist advice you have had to pay for and (4) you can claim the costs of normal disbursements such as printing, postage, travel etc.

 

FFP


My Background: I am not legally trained so the advice I offer is as a result of my experiences in business and being dragged through a bankruptcy process by a leading London law firm over a debt that turned out to be false. I won as a litigant in person :-)

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Well I spoke too soon! I have literally just received a witness statement from BW Legal. It is dated the 18th January (should have been with me by the 15th). There is no signed credit agreement, but there is a copy of a credit agreement for one of the debts. There is no agreement at all for the other debt.

Its quite a lenghty document, but they are basically saying that they sent me 16 letters regarding the two debts (they have enclosed copies of the letters), and that I haven't responded (which I haven't). They say 'This is notable in the context of the debtor having now decided to challenge the debt, having not taken that opportunity prior to formal proceedings. In the absence of a response to the lengthy correspondence, the Petitioning Creditor was left with no alternative, on an undisputed debt, to issue a Statutory Demand upon the Debtor'.

 

The statement also says:

 

The Creditor has obtained a reconstituted copy of the Debtors Agreement for the First Agreement.

 

The Creditors attempts to retrieve the Statement of Account for the First Agreement from the First Originating Creditor are on-going and the Creditor will file and serve the Statement of Account for the First Agreement upon the Debtor and this court once this has been obtained.

 

The Creditor has obtained a Statement of Account from the Second Originating Creditor evidencing that the debtor is in fact liable for the sums due and owing under the Second Agreement.

 

The Creditors attempts to retrieve the Second Agreement from the Second Originating Creditor are on-going and the Creditor will file and serve First Agreement upon the Debtor and this court once this has been obtained.

 

The Creditor considers that the Statement of Account is strong evidence to support the assertion that the Debtor is liable for the Second Agreement.

 

Conclusion

 

The Creditor has been able to evidence by virtue of the First Agreement and the Statement of Account for the Second Agreement that the debtor is liable for the sums claimed in the Creditors Statutory Demand.

 

The Creditor therefore respectfully asks that the court dismiss the Debtors application to set aside the Statutory Demand.

 

 

 

How should I respond now?

 

A couple of things I just want to check. Firstly, the two debts are fairly small amounts - one is for just over £800 and the other £930. I believe that they cannot make me bankrupt for less than £750. If I could pay £50 off one and £180 off the other, could they still proceed with the bankruptcy, or would I actually have to find £1000 to bring the two combined below the £750 threshold?

Also, can the judge set aside part of the demand - one of the debts an agreement has been provided for (albeit unsigned), but not the other one. My thinking is if the worst does come to the worst and the judge agrees I am liable for the debt they have provided an agreement for, but not the other one, could I then pay off enough to bring that one debt below the £750 limit?

 

Secondly, (not sure how important this is) Lowells have provided a Statement of Account in the witness statement. I definitely never received one of these from the before now, so it looks as though they may have doctored this to make it look to the court that they have been playing by the book. Should I mention this in my reponse?

 

Thirdly, they say that 'In the absence of a response to the lengthy correspondence, the Petitioning Creditor was left with no alternative, on an undisputed debt, to issue a Statutory Demand'. Well one of the debts wasnt bought by them until mid July 2012 and the Statutory Demand was dated the 26th October 2012. Is it me, or does this not seem 'lengthy' to you? The other debt they had for slightly longer, but only end of April 2012.

 

Sorry for the lengthy post, hope this all makes sense.

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Firstly have you checked the interest rates on the statements apply to the terms in the agreement ?


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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And how do they know what was in the original agreement ? as per the case of Kotecha Vs Phoenix ? Not only that but they have to supply the agreement as in Jones vs Link Financial....


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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This is another example of the constant abuse of process that Lowell are guilty of. It’s getting beyond a joke – going to law with no paperwork to back their claim, which is proof that they are using the insolvency laws as a debt collection tool. You must copy all this paperwork to the OFT.

 

The statement that they have ‘no alternative’ to issuing an SD is somewhat disingenuous, which you must point out – of course they have an alternative. It’s called a county court claim!

 

The simple fact is they have failed to comply with the cour order, but have foolishly not requested more time. Apply for judgment in your favour, ie. the set aside, with costs.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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Hi 42man, the interest rates on the document they sent me vary depending on how long you choose to pay back the item you have purchased i.e.

52 weeks @ 0% per annum,

104 weeks @ 0% per annum

104 weeks @ 29.9% per annum

156 weeks @ 0% per annum

156 weeks @ 29.9% per annum

 

and so on. They haven't provided me any statements for this debt, but looking at a statement I've found from the original creditor, it does show some items that were ordered and next to the items it says 20 weeks @ 0%. Im not sure what rate is being applied for items included in the balance brought forward figure though.

 

Also, I have noticed that on the copy of the unsigned agreement they sent me, it is dated the 24/05/10. I took this catalogue out in about 2006, so as you say, the original agreement could have been different to this.

 

What do I do now? I need to file and serve a response by the 29th January, but not sure where to start!

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Well I spoke too soon! I have literally just received a witness statement from BW Legal. It is dated the 18th January (should have been with me by the 15th). There is no signed credit agreement, but there is a copy of a credit agreement for one of the debts. There is no agreement at all for the other debt.

 

Its quite a lenghty document, but they are basically saying that they sent me 16 letters regarding the two debts (they have enclosed copies of the letters), and that I haven't responded (which I haven't). They say 'This is notable in the context of the debtor having now decided to challenge the debt, having not taken that opportunity prior to formal proceedings. In the absence of a response to the lengthy correspondence, the Petitioning Creditor was left with no alternative, on an undisputed debt, to issue a Statutory Demand upon the Debtor'.

 

The statement also says:

 

The Creditor has obtained a reconstituted copy of the Debtors Agreement for the First Agreement.

 

The Creditors attempts to retrieve the Statement of Account for the First Agreement from the First Originating Creditor are on-going and the Creditor will file and serve the Statement of Account for the First Agreement upon the Debtor and this court once this has been obtained.

 

The Creditor has obtained a Statement of Account from the Second Originating Creditor evidencing that the debtor is in fact liable for the sums due and owing under the Second Agreement.

 

The Creditors attempts to retrieve the Second Agreement from the Second Originating Creditor are on-going and the Creditor will file and serve First Agreement upon the Debtor and this court once this has been obtained.

 

The Creditor considers that the Statement of Account is strong evidence to support the assertion that the Debtor is liable for the Second Agreement.

 

Conclusion

 

The Creditor has been able to evidence by virtue of the First Agreement and the Statement of Account for the Second Agreement that the debtor is liable for the sums claimed in the Creditors Statutory Demand.

 

The Creditor therefore respectfully asks that the court dismiss the Debtors application to set aside the Statutory Demand.

 

 

 

How should I respond now?

 

A couple of things I just want to check. Firstly, the two debts are fairly small amounts - one is for just over £800 and the other £930. I believe that they cannot make me bankrupt for less than £750. If I could pay £50 off one and £180 off the other, could they still proceed with the bankruptcy, or would I actually have to find £1000 to bring the two combined below the £750 threshold?

Also, can the judge set aside part of the demand - one of the debts an agreement has been provided for (albeit unsigned), but not the other one. My thinking is if the worst does come to the worst and the judge agrees I am liable for the debt they have provided an agreement for, but not the other one, could I then pay off enough to bring that one debt below the £750 limit?

 

Secondly, (not sure how important this is) Lowells have provided a Statement of Account in the witness statement. I definitely never received one of these from the before now, so it looks as though they may have doctored this to make it look to the court that they have been playing by the book. Should I mention this in my reponse?

 

Thirdly, they say that 'In the absence of a response to the lengthy correspondence, the Petitioning Creditor was left with no alternative, on an undisputed debt, to issue a Statutory Demand'. Well one of the debts wasnt bought by them until mid July 2012 and the Statutory Demand was dated the 26th October 2012. Is it me, or does this not seem 'lengthy' to you? The other debt they had for slightly longer, but only end of April 2012.

 

Sorry for the lengthy post, hope this all makes sense.

 

Your witness statement should pretty much rebut each of the statements made in Lowells' Witness statement.

 

Firstly, the Witness statement and documents were by a Court order required by 15th January. When in fact in a letter/statement dated 18th they were received one week later.

 

The Petitioner is disingenous in their claim that there was no other alternative but to issue a Statutory Demand. In that there are triable issues, namely the lack of proper documentation / accounts - they could have issued a County Court Claim.

 

The Petitioner has still not provided documents as requested, seeking to claim their efforts at obtaining these are "ongoing".

 

You should mention that they have produced a Statement of account which has not been seen previously, indeed it is a requirement of the CCA that a statement of account be sent regularly - also a Notice of Sum in arrears should have been sent either by the original creditor or Lowells. (see pdf file below regarding this)

 

andyorch - amendments to default notices.pdf

Did you receive all these 16 letters they claim to have sent ? If not, then you should mention that you only received X amount.

 

Yes, mention that their correspondence is in respect of 2 small debts which they have brought together in order to take advantage of Bankruptcy limits.

 

Did you ever receive Default Notices from the original Creditor ?


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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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Some great advice from citizenB

 

As has been said you should be rebuffing what they have said......you should also quote from High Court case law Kotecha vs Phoenix and Jones vs Link Financial.

 

Again you should be stating that they have not provided statements for the duration of the account, no details of PPI, excessive charges, no default notice in the prescribed form, no termination notice, no deed of assignment to check that it has been legally assigned.


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

 

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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.

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The defendant denies having taken out any kind of agreement in the year of the agreement supplied by the alleged creditor. The agreement provided relates to an agreement taken out in 2010. The claimant has NOT complied with the Consumer Credit Act 1974. This is confirmed in the case of:

 

PHOENIX RECOVERIES (UK) LTD SARL v DEVENDRA KOTECHA (2011)

 

CA (Civ Div) (Thorpe LJ, Lloyd LJ, Patten LJ) 26/1/2011

 

A creditor had failed to satisfy a debtor's request under the Consumer Credit Act 1974 s.78(1) for a copy of a credit card agreement as it had not, on the evidence, included the original, actual terms and conditions in respect of interestlink3.gif rates then in force. The creditor was, accordingly, not entitled to proceed to enforce the debt under s.78(6).

 

 

Jones v Link Financial Ltd [2012] EWHC 2402

 

Justice Hamblin

 

"The legal assignee stands in the shoes of the assignor. The enforcement of the assignor's rights under the regulated credit agreement was subject to performance of the statutory duties laid down in the 1974 Act, and the legal assignee's rights are similarly so subject."

 

 

  1. In my judgment the "duties" referred to in section 189 are therefore those statutory duties under the 1974 Act which the assignee has to perform in order to enforce his assigned rights. These duties have "passed by assignment" in the sense that it is by reason of the assignment that the assignee becomes obliged to fulfil them.
  2. It is not necessary to add to or change the language of section 189 in order to interpret it in the manner suggested. Even if it was, there would be no difficulty in so doing in order to avoid the obviously absurd consequence of rights under a credit agreement not being effectively assignable. That could be done, as has been suggested, by interpreting "rights and duties" as meaning "rights and/or duties". The section applies to both transfers of rights (by assignment or operation of law) and to transfers of rights and duties (by operation of law) as the case may be.

Moreover I will add that unless the defendant is supplied with the original signed agreement how is the claimant able to attempt to provide any agreement without knowing what is on the original.


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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It makes no difference that they say 'liable' they cannot avoid their duties under the Consumer Credit Act. There have been many many cases where money has known to be owed it just couldn't be enforced....


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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Queenplum are you ok to reply to their witness statement ?....you should use the references to the high court decisions above too.


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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