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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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jboyd83

Lowell/Carter claimform - old SD Lwoods cat Debt ..**Settled by Consent Order** but missed payments - now have judgement

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Ok, so if I send a request to Bryan Carters for the original agreement..

 

..can I also request a list of all the letters they have sent me etc.

 

...and what requests I have sent Littelwoods or not?

 

Im so lost in all the bumf Ive sent that I cant remember what Ive even sent them now.

 

...I think it was CCA because thats what I uploaded onto CAG for people to have a look at.

 

The catalogue was taken out 2007.

 

 

Can anyone tell me..

 

..what happens if it goes to court and they make a judgement that I have to pay whatever.

 

..will they take all our income into consideration-

 

as in mine and my husbands, can they take our car off us etc?!!

 

Will they take the fact we have other debts into consideration?

 

Will it be a reasonable repayment or am I better trying to come to an agreement

with all my creditors myself.

 

Will it continue to go to court anyway even if I was to offer a repayment plan?

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As mentioned earlier, was this account opened pre or post April 2007.

 

Have they lumped all the debts together or does the figure claimed seem about right?

Im not sure what you mean?....Lumped all the debts together?

 

Did you ever send the SAR to Littlewoods?

I sent a CCA but I cannot remember if I SAR'd them....I think I did but cannot say for certain. I remember sending off lots of requests to different creditors at once.

You need to send the CPR31.14 to Carter asking for the agreement, the assignment, how the debt amount is made up, default notice, Letter before action.

 

Im sorry I havnt got all the relevant answers :(

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You REALLY REALLY need to answer this question

 

As mentioned earlier, was this account opened pre or post April 2007.

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for the minute slow down..........

 

you need to send a CCA request and the CRP 31:14 to lowells

 

theres little point in sending carter anything

all you'll get is his std template reply.

 

golook at the other threads concerning carter and cat debt in this financial legal forum

 

there are loads.

 

don't worry about your car or the other debts for now

 

no they cant take it.

 

................

 

you have 33 days to deal with this [submit your defence which we will help with]

 

BUT YOU MUST ACK the claim on MCOL after registering within 19 days from the date on the claimform


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Sorry Havinastella, I totally overlooked 'April'....will check now.

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Ahhhh...how the heck do I find out when it was opened? The copy of the Agreement they sent has no date or anything on it....

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should be on your credit file ?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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look like it was june 2008? by your earlier posts here

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Ok, on noddle now

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25th June 2008 :(

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Sorry dx I missed your post advising my next steps....and to calm down....thank you.....Im sick to the back teeth and chewed to bits.

Ok, so I will acknowledge the claim first and foremost.

Then I will send a CCA and CRP 31:14 to Lowells.

 

...and breathe....thank you all so very very much x

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Acknowledgement of Service done....''Defend all claim''.

:-)

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good now relax for a while

 

info gather time now.

 

but do not forget to file your defence by day 33

 

so what happened about these PENALTY charges?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I never actually requested charges back from littlewoods .

..not that I can recall anyway...

 

..Im sure I requested charges from Capitalone and they refused

...then I was stumped at what to do..

..but thats a different issue.

 

Im going to buy myself a little book tomorrow and start writing in all correspondence and dates etc..

 

..I used to file everything and did for a while but then it just started getting ridiculous

and I was running out of ringbinders to fit it all in.

 

...I do have some stuff for littlewoods from different DCAs though,

and Ive printed out my creditfile from Noddle.

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CRP 31.14 printed off, ready to send tomorrow....:-)

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Just want to check something...

 

...I sent a CCA off to Shop Direct a while back for this.

..to which they replied with the Reconstituted copy which I uploaded here for you guys to hae a look at.

 

...Ive sent my CRP31.14 off.

 

...should I still send another CCA to Lowells now?|.

 

..should have just put it in with my CRP 31.14 anyway but forgot..

 

..just before I possibly waste another £6 postage.

Thanks a lot

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Do I still need to CCA them if Ive already CCAd Shopdirect months ago?

 

Recieved a letter back already from Lowells....says Fredrickson International is handling the County Court proceedings on their behalf and so they have passed on the request to them....?

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yes you do need to CCA LOWELLS

why £6?

use 1st class with free proof of posting.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thats what it costs for the postage ive been getting....'special delivery by 1pm track and trace'.....ive always used that just so they cant say they didnt recieve it...and because royal mail have lost stuff in the past....maybe I should just use the one you advise?...its bleedin expensive.

 

Thanks dx, Ill get that CCA off ......so even though Lowells are saying Fredrickson are dealing with proceedings I should still CCA Lowells yes?

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Lowell/freds/carter all the same

just diff blokes at the next desk in a diff coloured skirt.

 

or more the point. a diff letterhead in the same printer!

 

just like things like default notices

they only have to prove one was 'sent' by the system

 

same goes for you.

free proof of posting is all you need.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ahhh!! Well that will save me 6 quid odd each bleeding time.....thank you DX , youre a good'un :-)

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Recieved a response from Bryan Carters regarding the 31.14...

 

We conform the claim form was issued by northampton county court and that the courts protocol was followed when issuing the Claimants Particulars of Claim. Practice direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

We confirm this matter will be most properly allocated to the Small Claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. In any event the Notices of Defaiult and assignment left control of the claimant when they dispatched to you.

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm our client is not agreeable to an extension for filing your defence.

As you will be aware the claim was issued in this matter on 2 June 2014 and we recieved your acknowledgement of service. Please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.

We reccommend you seek independent legal advice.

Yours sincerely....

....Bill N Ben the flowerpot Men.

 

Thanks :-)

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that's the std response carter gives to any CPR

that's why we say to sent them to the claimant

whereby carter is involved.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Template response


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Absolute mush again from BC :)

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