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    • Hello, welcome to CAG. Can you tell us more about what happened please? Who stopped you and which shop? Best, HB
    • You don't mention what the debts are, which is important, as it really depends on the details in deciding best course of action. So list types of debt e.g credit card, type of loan, utility bill; current owner bank or dca; approximate amount for each debt.  And do you own any property assets. There is no blanket advice regarding all types of debts. Whoever you contact regarding debt advice would want to know all of the information. The debt buying businesses deal with multi billions worth of debts. They can't issue Court claims for most debts as the cost of pursuing would be ruinous and don't have staff resources. Instead they rely on credit records being impacted and therefore people need to resolve the debts. And they rely on anxious debtors paying amounts after receiving threatening communications. If you know you are likely to be made redundant, start looking for other employment soon. Due to longer recruitment processes being followed by employers, it can take about 3 months between applying and starting a new job.
    • Hi I was caught shoplifting 4 items £20 worth, I’m petrified the Police will come to my house now please can you help. What can I do I worried about my job. 
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    • I posted a couple of years ago about our debt situation and have been trying to pay off our debt as best we can. It is a possibility I maybe made redundant in a few months time, so I am trying to find out everything I can about what happens in today’s world when you can’t pay. I keep finding conflicting advice on various sites so I wanted to post this quote to get thoughts. It claims basically that the dca will likely get enforceable documents these days and therefore it’s likely you will have to pay dca at some point during the 6 year process.    on here I read a lot of comments assuming the exact opposite of this. A lot of the threads on here state the beginning of the process but I never see conclusive stuff about what happened from start to finish to get insight into whether debts post 2015 have been enforced etc. I hear a lot here not to pay dca companies but most my debts are post 2015 debts I am all up to date on our debts but if I lose my job it is likely I’ll end up where I tried to avoid in the first place. Which is destroying our files and dealing with DCA. I’ll post it below so you can see what I mean.   It is likely that any debts incurred after 2007 will end up with all the documentation being provided and being enforceable. Therefore you should use the time while awaiting responses going through your Income & Expenditure and considering any possiblity of making a full and final settlement. It can take a number of months to reach the stage of a hearing date and exchange of witness statements and normally you would be able to settle or come to an arrangement to pay before the court hearing, once documents have been provided, although this isn’t guaranteed.
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Lowells / Carter claimform for LLoyds Current Account OD***Claim Discontinued***


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Mmm the fee is correct for the claim amount but the directions are wrong.

 

Hearing fees

Small Claim Track where the amount claimed is:

up to £300 £25

between £300.01 and £500 £55

between £500.01 and £1,000 £80

between £1,000.01 and £1,500 £115

between £1,500.01 and £3,000 £170

more than £3,000 £335

 

 

Did you receive a copy of the cliamants DQ?

We could do with some help from you.

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I did receive a copy of their DQ and in response to A1 - Do you agree to this case being referred to the Small Claims Mediation Service - they answered Yes

 

Excellent well there should be mediation offered within the directions....ring the court tomorrow and explain that your Notice of Allocation and Directions are someone elses (even though the claim number is correct ) they are the wrong type of directions for this type of claim.

 

You get the gist as you knew from the offset that they were wrong.

 

Regards

 

Andy

We could do with some help from you.

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Thanks Andy. I will ring them and let them know...

 

Thanks for your continued support...without this site I really would be all over the place!

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Hi Andy.

 

I got my good lady wife to ring the courts (this is in her name and they will not discuss case matters with me),

 

she was informed that due to the amount being claimed

and that fact that it is small claims track there will be no mediation and that the directions are fine..

.. as far as we have been told this is all quite normal and we should prepare accordingly.

 

Both BC and us agreed to mediation but it seems to have been overlooked, so I guess we go straight to trial?

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Normally always mediation on SCT....still time will tell...but you must raise it at the first opportunity that the court denied both parties.

We could do with some help from you.

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Ok Andy, I will make a note to mention this when the time comes. With regard to the defence can you give me a starting point please? I am not sure what we have in the way of evidence as we never got a Notice of Assignment and never got anything useful back from the CPR 31.14 letter either. All I have to call on is the lack of anything concrete to suggest the debt exists or that Lowells have any legal right to claim it.

 

Do I need to write a Witness Statement explaining all of this?

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Your timetable is listed above in post #42 mhf...just stick to the defence as submitted.

We could do with some help from you.

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  • 4 weeks later...

Just a quick update for you.....

 

I got my defence together and got it all sent away to the Court and to the Solicitors and today have received a 'Notice of Discontinuance'!

 

I cannot tell you how relieved I am and how grateful I am for all of your support on here....I could absolutely not have done this without your help and guidance. A special mention to Andy who has always answered my questions, no matter how inane they may be, thank you! I will be donating in due course to ensure this resource remains available in the future!

 

Just one more question, where does this now leave me....will they pass this on and make me go through all this again or is this now finished with?

 

Thanks again,

Mat

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Excellent news mhf....delighted for you.

 

There is always the possibility that they may try further attempt but that would require permission of the court...which I very much doubt anyway.

 

Celebrate tonight and I will amend your thread title to reflect the outcome.

 

Well done for persevering with it.

 

Regards

 

Andy

We could do with some help from you.

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great news about right for carter.

 

i'd give it a day or two and ring the court

say on Monday.

 

we have known him to do this a couple of times.

 

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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Based on your advice dx, I called the Courts and they confirm that they have also received a Notice of Discontinuance and that the case is cleared.

 

I guess there is nothing to stop Lowells passing this 'debt' on to someone else though?

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not a lot they could do mind!!

 

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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