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    • It will be years before Banks would sell to a debt buyer.  Sometimes Banks will use external debt collectors to try to collect, but generally Banks don't take Court action.  So you could be looking at 3 to 6 years, before any dca owning debt looks to take any Court action. And it is not definite that this would happen. So no need to feel pressured at this stage. In the event you found yourself unemployed, you have time to engage with Banks to advise of your situation and ask for time to deal with the situation, find new employment. As long as you inform the Banks they will offer assistance they can. E.g offer payment holiday or accept reduced payment for period. What you should not do, is not contact the Banks and simply default on payments. 
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    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
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Bryan Carter For Lowell via O2***Claim Discontinued***


boody49
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Hi All

 

 

Had the claim from Northampton court from the above. I saw an earlier CP 31.14 letter so I have got that ready to go. Day 10 will be 2nd may so will submit AOS online then. do I send the letter now or wait until I register the AOS?

 

 

thanks

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Hi and welcome to CAG

 

Can you please have a read here and answer the questions raised on this thread please.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

That will give the legal guys the background info they need to be able to help you.

  • Confused 1

 

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CPR requests should go the day you receive the claim form boody.

 

Regards

 

Andy

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  • 2 weeks later...
CPR requests should go the day you receive the claim form boody.

 

Regards

 

Andy

 

Had Carters reply basically saying, you will have all the docs from when you signed up and they don't need to respond to 31.14 whatever it was as they have " followed correct procedures when applying to court". What should I do now guys!

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Carters response:

 

 

 

We write further to your letter dated XXXX2014 requesting disclosure under Part 31 of the Civil Procedure Rules.

 

We confirm the Claim Form was issued by the Northampton County Court Bulk Centre

and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim.

 

Practice Direction 7C point 1.4 (3A) eliminated the requirement to attach the documents to the Particulars of Claim when they are issued by the Court.

 

We confirm this matter will most properly be allocated to the small claims Track as this is a simple contractual matter

and Part 31 of the Civil Procedure Rules will therefore not apply.

 

In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

 

It is the original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the agreement

and, in this regard, we ask you to refer to your own records.

 

We confirm our client is not agreeable to an extension for filing your defence.

 

As you will be aware a Claim was issued in this matter on XXXX 2014 and we have received your acknowledgement of service.

 

Please respond to the Claim using the Response Pack provided by the court.

 

You should comply with the deadlines outlined by the Court in order to avoid a default Judgement being entered against you.

 

We recommend you seek independent legal advice.

 

Yours sincerely

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Standard Carter letter I'm afraid no more than a repetitive template.

I would suggest a SAR to the creditor and inform Carter you have done so as you cannot properly prepare a defence without the documents requested.

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

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Standard Carter letter I'm afraid no more than a repetitive template.

I would suggest a SAR to the creditor and inform Carter you have done so as you cannot properly prepare a defence without the documents requested.

 

Once I do that, are they unable to proceed until they comply with it?

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Hi Boody

I used a standard defense for the claim that Lowells/Carters sent.....but that was for a claim with regards to "outstanding Orange Account" what are Lowells/Carters chasing for...more details will help so that we can advise better

 

It's for an O2 outstanding account. What did you put in your defence?

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It's for an O2 outstanding account. What did you put in your defence?

 

Have a read of his thread :-

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?415751-Lowell-Carter-48hrs-letter-now-claim-form-Orange-BB-dongle-debt-***Claim-Discontinued***

 

Andy

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  • 1 month later...

have you checked with the court

 

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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Good news boody.......

 

As DX states check with the court they have received same.Thread title edited to reflect the outcome.

 

Well done.

 

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

 

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

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