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carter/lowells claimform - JDW shoe tailor cat debt*** Claim Dismissed***


MarcyKerry
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7) As the Claimant's Solicitor stated they were not instructed on this account and that it was with the JD Williams they could not have been acting as stated for the claimant when the claim was submitted??

 

 

8) As any transactions made with JD Williams were not under a credit agreement, the defendant maintains no further money is owed to the Claimant. Document 5,6,7 and 8.

 

 

9) The defendant believes the claimant has no valid claim and so asks for their claim to be stuck out

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Anyone got a view on whether I do or do not state the value of goods purchased from the catalogue

and value of payments made? or does this muddy the waters?

 

 

I imagine I will have be asked by the judge whether there was an exchange of goods

i'll have to admit ordering and receiving goods, and to be fair I'm not disputing that I used the catalogue

and if I am likely to need this in court should I include this now?

 

 

My annoyance is that including the inflated cost the amount outstanding was less than 1000

- I had paid over twice this much off and due to interest and fees and god know what else the balance is at 3000.

 

 

The penalty fees alone are 24 a month.

 

 

I never had sight of these ridiculous costs when I ordered originally and if I had I would never have agreed to them... any thoughts????

 

Should I also include the spreadsheet of charges showing charges and interest.

 

My fault I've left this sooo late I need to print and drop off today.

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I've drafted with the comments re payment. Easier to take off. Anyone around to check got to head off with all of this shortly.

 

  1. The Claimant's solicitors has failed to and refused to comply with a request for documentation pursuant to CPR 31.14 in March 2014 before the claim was allocated to the small claims track. Documents 1a and 1b
  2. The Claimant has failed to respond to a CCA Request sent to the Claimant and Claimant's Solicitor. The request was delivered and signed for at their address and the postal order cashed. Documents 2a, 2b and 2c
  3. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or provide full statements on which its claim relies upon.
  4. As no agreement is in place and no terms and conditions have been signed the defendant is not able to be in breach of any terms and conditions and therefore it is not believed a Default Notice was issued to the defendant, not could be issued to the defendant, and the Claimant has thus failed to provide a copy stated in their particulars of claim.
  5. A SAR was made to JD Williams. The information shows whilst a record under the defendants name exists in their system a signed credit agreement is not present. Document 3a-e.
  6. Upon request of information the defendant was informed by the Claimants solicitor they would not comply and to refer their own records. The defendant is unable to refer to own documents, where the documents never existed.
  7. In any case, the Claimant's Solicitor stated they were not instructed on this account and that it was with the JD Williams, so they could not have been acting as stated for the claimant when the claim was submitted. Document 4.
  8. As any transactions made with JD Williams were not under a credit agreement, the defendant maintains no further money is owed to the Claimant. Document 5,6,7 and 8.
  9. The defendant made payments for the goods to the value of £2036 between first order and November 2011. This in greater than the stated value of orders and does not include payments the defendant has made since to collection agencies. Document 3f Really unsure about this one....... ????
  10. I have no record of any communication with JD Williams regarding transfer of account. The last communication with JD Williams before this claim was on 10/11/2011, confirmed by JS Williams in SAR information. Document 3f.

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hi Marcy just wanted to say good luck with this

 

my point of view about your mentioning money paid would be not to

as really the legal argument is that of them not supplying you with docs which they should have

and also the fact there is no signed agreement

 

 

someone far more experienced than me will be along soon im sure to advise on this one

 

 

ill keep an eye on your thread though as im sure these guys are going to make my life a pain as they have done yours.

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Hi Andy, thanks for all your help with this, I stopped at point 7 above... Not that I can change anything now but for others reference I'd still like you optinion/ comments on the above .

 

I'll let you know how it all goes

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  • 3 weeks later...
  • 2 weeks later...

Hi.

 

Outcome in my favour - case dismissed. details on "reconstituted credit agreement " didn't match and was I quote "unimpressive" leaving the judge little confidence in the agreemt. claimant didn't supply default as evidence and refused to (their whiteness testimony and mine). What happens now?

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you've won!

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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don't think they can have any more bites of the cherry no.

 

 

have a look in the successes forum on what andy has posted regarding other dismissed claims

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

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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it will sit on your file till the default reaches 6yrs

 

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

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 Marcy...delighted at your result.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

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Grats

 

Now start a new thread and reclaim those charges and ppi. Use that to offset the debt :D

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Grats

 

Now start a new thread and reclaim those charges and ppi. Use that to offset the debt :D

 

 

Hi I don't believe there is any debt. The whole amount claimed was interest and charges as I have paid more than the goods were worth and there was no agreement? but as advised I will start a new thread.

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