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    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
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Lloyds/Lowell/Bryan Carter - current Account Court Claim***Claim Discontinued***


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I need to file my Defence by Sunday 18th May 2014, here's a brief outline to the claim, to my knowledge this alleged debt is statue barred....

 

The Original alleged debt was with Lloyds TSB for a BANK ACCOUNT, but the debt is made up of all 'default charges applied' to the account, no money was physically borrowed or any Direct Debits etc paid for. The last action on the account was a returned DD 9th November 2007, after that we didn't use the account, but Lloyds TSB kept applying Account Charges, Interest and finally the account was closed/passed to debt recovery Nov 2008 suspending interest & Charges. The final demand letter was 24th Nov 2007.

 

- On 15th April 2014 Bryan Carter wrote to us stated they have issued a claim and we should receive it in 48 hours!!! Lowell is their Client as they bought the debt off Lloyds, debt is £1400, all Default Charges.

 

We acknowledged the claim and now the defence needs to be filed by 18th May.

 

Am I correct in saying that this alleged debt is 'Statute Barred'.......The account was also a Joint Account but the claim arrived is just against one of us.....

 

Any help and advice would be highly appreciated as I need to file my Defence by Sunday 18th May 2014.

 

Many thanks

im4347

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have you sent lowells a CPR request?

 

 

 

 

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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Hi Dx, thanks for replying.

 

I've not sent them a CPR request as i wasn't too sure if the same applies to Bank Accounts..... as this is a Bank Account debt...

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theres a CPR for bank accounts in the legal library up top

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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Hi

 

If you could read and complete the following with as much information as possible this would assist in helping you draft a defence.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

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Hi Andy

 

I'm completing the info on the link you sent me, after I have completed it, do i post the info on my thread or send it to you via private message?

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Post it here within your thread...we dont advise via private message.

 

Regards

 

Andy

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Hi Andy Heres the info requested:

 

Claimant: Lowell Portfolio Ltd

 

Date of issue 15th April 2014

 

Defence Filing date as confirmed with the Court 18th May 2014

 

What is the claim for –

This Claim is for £1300.00 the amount due under an agreement between the original creditor and the Defendant to provide finance and/or services and/or goods.

This debt was assigned to/purchased by Lowell Portfolio Ltd on XX/XX/2013 and notice served pursuant to the law of property act 1925

Particulars Re: Lloyds A/C No xxxxxxxxx

And the claimant claims £1300.00

 

The Claimant also claims interest pursuant to s69 County Court Act 1984 from XX/XX/2013 to date at 8% per annum amounting to £85

 

What is the value of the claim? £1500

 

Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Claimant has included it in the total claim

 

Is the claim for a current or credit/loan account or mobile phone account? Current Account

 

When did you enter into the original agreement before or after 2007? Before 2007 (2002)

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I wasn’t aware the Debt was assigned to Lowell. I don’t recall a Notice of Assignment.

Did you receive a Default Notice from the original creditor?

No, just a final Demand Letter from Original Creditor XX/XX/2007

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

NO

 

Why did you cease payments:-

The Alleged debt is made up of ‘Unplanned Overdraft Charges’, ‘Returned DD Default Charges’, no money was physically borrowed or any DD etc paid for.

 

Was there a dispute with the original creditor that remains unresolved?

Yes, I disputed the alleged debt but they did not resolve it.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

I wrote to them about Financial Hardship but they rejected to refund the charges.

 

 

I'm just sorting out the CPR31.14 to send off to the Solicitors.

 

Regards,

im

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Many thanks im4347

 

Make sure you use the correct 31.14 request (current account version).

 

Here is a current account overdraft defence I have previously drafted for another poster...have a go at editing to suit your particulars of claim:-

 

#####Defence Current Account example######

 

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor Lloyds TSB Bank.

 

2. The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

 

3. I refute the claimants claim is owed or payable. The amount claimed consists entirely of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4.The claimant is denied section 69 interest as its already charged interest on the facility.

 

5. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

6. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

8. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX XXXXX 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

9.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Regards

 

Andy

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Thank you so much Andy, I'm just gong through it now, Re: my post No 10: Quick question, This was a JOINT ACCOUNT and the Claim is issued to only one of us, is this correct?

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Yes as it was joint and several a creditor can opt to sue either or singular...but can only sue once.

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Great, thanks for that clarification.

 

Regarding the 31.14 request, would this point apply to my case?...

3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C

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Yes and no but leave it in...

 

(7)In this section ‘applicable agreement’ means an agreement which—

(a)is a regulated agreement for running-account credit

We could do with some help from you.

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Hi Andy, do you think i should add the following points to the defence.....

 

- I AM A LITIGANT IN PERSON

 

- In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

 

 

- Alternatively if the court decides not to strike out the claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.

 

- I respectfully ask the permission of the court to amend this defence when the claimant provides the above documents.

 

Thanks,

IM

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In view of your claim im4347 I will move your thread to the financial legal issues...you are a bit out of the way here.

 

Regards

 

Andy

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Thanks Andy, all done, will put both the Defence and the CPR 31.14 Request in the post to the Solicitors and email it over to Court later today.

 

Much appreciated.

 

IM

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I would submit it on MCOL also.:wink:

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3. I refute the claimants claim is owed or payable. The amount claimed consists entirely of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeylink3.gif National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety

 

Me Being an novice in such matters, just a quick question to further my understanding.

 

From what I understand 3. would be more accurate re: Credit card charges. Can you use this in a current account overdraft scenario comfortably?

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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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You shouldn't be serving Brian with your defence anyway...Northampton do that.

We could do with some help from you.

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