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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Lowell Claimform - old Orange moblie ipad data 'debt'***Claim Discontinued***


2ltr16valve
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You read other threads which are slightly ahead of you and then you will know what the process is and whats coming next.

 

Knowledge is power.

 

Andy

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  • 1 month later...

Small update, received a letter from the court stating that Lowell had until 02/05/2017 to reply with their defense - nothing has been received this week, but I am concious of bank holidays we have had, would these have extended the time they had ?

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Defence?

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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Small update, received a letter from the court stating that Lowell had until 02/05/2017 to reply to pay trial fee - nothing has been received this week to say its been done, but I am concious of bank holidays we have had, would these have extended the time they had ?

 

The letter states -

 

"Deputy District Judge ***** has considered the statements of case and directions questionaire filed and allocated the claim to the small claims track.

Unless the claimant does by 4.00pm on the 2 May 2017 pay to the court the trial fee of £80.00 or file a properly completed application (i.e. one which provides all the required information in the manner requested) for whep with fees, then the claim wil be struck out with effect from 2 may 2017 without futher order and, unless the court orders otherwise, you will also be liable for the costs which the defendant has incurred.

 

1) This claim is allocated to the small calims track and the parties are reffered to part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted.

 

2) The claim will be heard at on a date and at a time which is set out on a notice attached to this order, or which will be sent to you later. The court reserves the right to change the place and/or time of the hearing.

 

3) From the available papers, it is estimated that the hearing will take two hours. If a part is aware of a reason why this estimate might be substantially inaccurate, that parts must notify the court immediately.

 

4) The parties are encouraged always to try to settle the case by negotiation. The parties are encouraged to contact each other with a view to settle the cae or narrow the issues. The court must be informed immediately if the caes is settled.

 

5) The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs.

 

The following direcitons apply to this claim:

 

6) Each party must deliver to the other party and to the court office copies of all documentation on which that party intends to rely at the hearing no later than fourteen days before the hearing.

 

7) The originial documents must be brought to the hearing.

 

8) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order.

 

9) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves)

 

10 - 13 omitted as just usual witness stuff with instructions.

 

14) Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with the appropriate fee) to arrive within seven days of service of this Order.

 

The hearing of the claim will take place on 2 June 2017 at *********

 

(The trial fee is fee 2.1 in the current civil fees order)

 

If your calim has been struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim survives the claim being struck out. "

 

 

 

Now looking at the claim online the last thing listed was "claim transfered to (local CC) on 13/03/17

 

if they had paid the fee would it show in the list of actions ?

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Defence?

 

Sorry Dx pay the fee, was thinking of wrong claim (neighbour also received a claim from Lowell for old provident debt that was SB, been squashed now and discontinued)

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Simply ring and ask

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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Share on other sites

Monday northants

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... 

Link to post
Share on other sites

" Unless the claimant does by 4.00pm on the 2 May 2017 pay to the court the trial fee of £80.00 or file a properly completed application (i.e. one which provides all the required information in the manner requested) for whep with fees, then the claim will be struck out with effect from 2 may 2017 without further order"

 

The claim should already be struck out

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No...you will receive a General Order stating so

We could do with some help from you.

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Dont be disheartened ...still time for them to discontinue the claim...now follow the above directions..points 6 & 9..by the dates stated

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I think we need to make the evidence pack now and serve on court and Lowell by Friday ?

 

Any advice on angle here ? This debt was never refused to be paid, in fact help was asked of EE for a short term payment plan which they outright refused and terminated the account - selling onto lowells !

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Next Friday...14 days pre hearing

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Surprise surprise!!

 

Letter received today -

 

We refer to the above matter.

We have been instructed by our client to discontinue the claim.

A copy of the Notice of Discontinuance filed at court is enclosed

 

Thank you for your kiind attention.

 

 

 

There is a Notice of discontinuation on the next page for all the claim.

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always the way once they see the super anyorch defence land on their desk...

 

 

dx

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Please help.

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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Well done 2ltr16valve

 

Thread title amended to reflect the outcome.

 

Please consider making a donation to help us continue to help others.

 

Regards

 

Andy

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 OTHER

 

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  • 2 weeks later...
Hi all

 

Been loggin into mcol, should this show as discontinued by now ?

 

No...... never shows on MCOL the claim was Discontinued.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Would it be worthwhile going for a wasted costs order?

 

After all, it has cost you much emotionally as well as financially in defending their action.

On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Read anything I write with the above in mind.

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