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    • Appreciate the time that has gone into replying. I have read so much about this tonight that hopefully I can be a step ahead.  If I gain a reply from the head office I shall let you guys know. 
    • yep. they are all simply trading names of perch to try and scam people into thinking their debt is going up some kind to mystical legal chain...which is BS. all dca's pull these stunts and have done since the late 1970's
    • just type no need to hit quote. what you really need to do is forget about it now they have  just steer clear of THAT ONE STORE for a few months. other B&Q's are OK. even if you do go back in, they'll simple ask you to leave, then if you return again, could invoke trespass laws BUT WE HAVE NEVER SEEN IT HERE. as for getting out of your tree about police, prison, criminal record, arrested, knocks at doors, letter of claim....NONE OF THE CAN EVER HAPPEN. and has not on these joe public low level shoplifting incidence since 2012. you've already got a scary letter ratchetting on about some mystical FAKE civil restoration scheme .  you'll probably get a few more ...NOTHING THEY CAN EVER DO. bin shred burn give to your pet hamster any money people pay CRS/RLP/DEF etc regarding their letters goes straight into their pocket and off they go down the pub and LAUGH at people they mugged. the retailer never sees a penny.  i admire your action of send £5 to B&Q. its done now and its over with....move on with your live. dx
    • Sending money across borders, particularly in Africa, can still be expensive.View the full article
    • 4.  Under The Pre-Action Protocol 201?, a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior too and including ,The Pre action Protocol Letter of Claim dated 7 January 2020 and the claimform dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 9.   The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date. re: 13 & 15...they dont need to produce the deed, thats a private b2b document only the judge can demand sight of. i would remove 13 totally as within their WS they have produced the Notice Of Assignment. and delete it from 15 a few ideas. dx  
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Lowells etc chasing Lloyds 'debt' prob already SB'd - claimform


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Hi guy's have a court date to have judgement set aside (did not receive claim form, believe statute barred) Bryan Carter solicitors are not attending hearing and have sent me a copy of letter to court which I'd like to respond to - this is attached and would welcome any advice - (this is for ex wife who will not be attending due to illness) - Thanks

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As the claimant is not attending I would move hell and high water to be there...you would be on the higher ground to start with...however if your wife does not attend then your set a side will fail...she must attend...you can sit with here..but she must attend.

 

Andy

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Andy she is off long term sick at the moment - what is likely success if she gets to court (unlikely) - her defence would be not received any letters and payment they refer to no knowledge of paying - is there something more articulate in terms of defence? Thank you, Pete

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A very good chance...as the claimant is not attending...but she must attend...will only last 10/15 mins.As for your defence you rely on your reason contained within your application to set a side...none receipt of N1?

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N1?

 

Northampton Claim form...thats the correct name.

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But you didn't receive them initially ...hence the set a side?

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Thanks for all advice - ex wife will be attending court armed with defence below on each of claimants points (see attachment) - reasonable?

 

 

Judgement was challenged and application made to set aside

2. No correspondence has been received other than court summons which I then challenged appx 1.2.14 and paid to have judgement set aside

3. Defence was filed as soon as aware of court documents. There was a delay at Northampton court where I applied as I thought I was exempt because not working at the time - fee was since paid £80 to have judgement set aside

4. I have no knowledge of payment £89.47 on 13.6.12. This needs to be proved and I still believe statue barred (over 6 years old) even debt is relevant

5. No proof of debt received or proved

6. No instalments will be paid as I feel debt not applicable. I am also not working at moment with no assets - (house sold and no equity)

7. Debt not valid and should be set aside

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What were the claimants particulars of claim?

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at top of thread http://www.consumeractiongroup.co.uk/forum/showthread.php?409018-Lowells-etc-chasing-Lloyds-debt-prob-already-SB-d-claimform

 

 

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Cagger sinceJan 2011Posts110

icon1.png Court date - Judgement set aside

 

Hi guy's have a court date to have judgement
set aside
link3.gif
(did not receive claim form, believe statute barred
link3.gif
) Bryan Carter solicitors are not attending hearing and have sent me a copy of letter to court which I'd like to respond to - this is attached and would welcome any advice - (this is for ex wife who will not be attending due to illness) - Thanks

 

paperclip.png Attached Files

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Thats a letter from Carter...where is the claim form from Northampton?

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If this all goes wrong and we have to pay debt of £1291 should we make a settlement offer (a friend has offered) - is there a template? what % is reasonable? do we ask them to meet any conditions e.g. mark debt settled?

Thanks

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I would wait first of all for the outcome of the court hearing.

 

yes you could settle , personally I would be starting with an offer of 10-15% with conditions attached. There are template letters in the library . If they can see a CCJ coming they might be less tempted to accept an offer unless you can show that all they will receive are token payments.

 

Just my thoughts

Any opinion I give is from personal experience .

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What were the claimants particulars of claim?

 

Asking again

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To be honest then if this all goes wrong for you and I hope it doesn't and you do get a set aside then maybe try to offer a token monthly payment to stop court action. This may or may not work but a few months down the line they may be more inclined to bite your hand off for a F&F

 

I would be interested in seeing what the experts say

Any opinion I give is from personal experience .

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