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    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my 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.    24th May 2024   ^^^^^ 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     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 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) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app 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 was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 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
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Lowell - Getting On My Nerves - shopacheck debt


roxy2010
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Posted on here a few weeks ago about a debt I had with Shopacheck that had been passed on to Lowells.

 

I disputed it as Shopacheck said i only owed £160 but Lowells said I Owed over £500.

 

I asked Lowells to send me the CCA and told them of the timescale.

 

They told me that they didnt have to comply with the timescale and that they would send me the CCA's as soon as they could.

 

I have now recieved a letter with three CCA's

 

these are not the originals as they dont have my signature on them.

 

Is this acceptable or should they be the originals.

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As long as the CCA is a version of the one you would have taken out, including all the relevant information that applied, they have probably complied with your CCA request.

 

Do you know when you last made a payment ?

 

When did you take out the account with Shopacheck and how did you apply for it ?

 

I would suggest that you write asking for a full breakdown of the calculation for the £500 Lowell have stated in their letter. My experience with a relatives debts, is that Lowells and other DCA's appear to make mistakes within the debt balances they show on correspondence. Send by recorded delivery and keep a copy of the letter.

 

The letter just needs to be simple

 

I do not acknowledge any debt to Lowell.

 

I refer to your letter dated xx/xx/xxxx regarding Shopacheck reference xxxxxxxxxxxxxxx.

 

Please provide a full breakdown calculation of the sum of £500 shown in your letter. Please include original statements of account from Shopacheck, as requested previously, which you have failed to provide.

 

I look forward to receiving this information, so that I may investigate this matter further.

We could do with some help from you.

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I would have thought that if you are disputing the balance it would be wise to send a Subject Access Request

as apposed to CCA request as the information provided will identify how the balance claimed was calculated.

 

The consumer credit agreement will only show the amount borrowed, the term of the agreement and the level of interest.

 

On the down side there is a fee of £10.00 for this information.

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Posted on here a few weeks ago about a debt I had with Shopacheck that had been passed on to Lowells. I disputed it as Shopacheck said i only owed £160 but Lowells said I Owed over £500. I asked Lowells to send me the CCA and told them of the timescale.

They told me that they didnt have to comply with the timescale and that they would send me the CCA's as soon as they could. I have now recieved a letter with three CCA's these are not the originals as they dont have my signature on them. Is this acceptable or should they be the originals.

 

Three separate CCAs or one document in 3 parts?

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Please tell how can they justify a debt with no proof of it to show in a court of law

 

You have to be careful in making allegations that you cannot back up. In the event of any court action,

the defendant would have the right to probe the amount of debt.

 

Even before any court action, anybody receiving a letter from a DCA has the right to query the information

contained and to ask for a breakdown calculation.

 

Perhaps in this case Lowell have just put in the interest rate applicable to the debt,

with the relevant dates and a sum has been calculated,

which they have put in their letter.

 

It is up to Lowell to justify this.

We could do with some help from you.

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shopacheck/welcome finance doorstepper account...

 

when did you take this out

 

I think from the old thread it was well prior 2007?

 

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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Please tell how can they justify a debt with no proof of it to show in a court of law

Where is it stated that there is no proof of the debt?

 

But I give you some pointers as to what can and does happen.

 

Case Law has resulted in the creditor/debt purchaser being able to produce a 'reconstituted' agreement that complies with a sections 77/78 request made under CCA 1974, such an agreement together with evidence of the customers use of a credit facility can lead to a judge deciding that on the balance of probabilities that an agreement an liability exists.

 

Read through the threads.

 

BTW the comments you have made really are of no help to the OPs.

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Dear All

 

Thanks for the replys.

 

They have sent me three seperate reconstituted agreements.

 

If these are legal then i will have to arrange a payment plan with them.

 

I was just questioning whether they were legal as they didnt have my signature

and also Shopacheck sent me a letter stating i only owed £160.

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Dear All

 

Thanks for the replys. They have sent me three seperate reconstituted agreements. If these are legal then i will have to arrange a payment plan with them. I was just questioning whether they were legal as they didnt have my signature and also Shopacheck sent me a letter stating i only owed £160.

Recons don't have to have signatures BUT must have:

 

Your name and address at the inception of the account

The name and address of the creditor at inception.

ALL the terms and conditions at inception and any other documents mentioned in the those Ts & Cs.

The Ts & Cs at closure of the account

Any amendments made during the life of the agreement.

 

Did you actually have 3 accounts?

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I take there is no sign of this debt on your CRA file?

 

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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Hi Roxy,

# Then these 3 separate documents are meaningless imo, how are you supposed to know which one may be a copy of the original?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I would have thought that if you are disputing the balance it would be wise to send a Subject Access Request as apposed to CCA request as the information provided will identify how the balance claimed was calcualted. The consumer credit agreement will only show the amount borrowed, the term of the agreement and the level of interest.

 

On the down side there is a fee of £10.00 for this information.

 

You should also get a full statement of account under a CCA request, wouldn't that supply all the info needed?

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A CCA request provides a statement of the account at the time the request is made, historical accounts are provided with a SAR.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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