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Name of the Claimant ? Lowell Portfolio Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 27.Jan 2021 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Particulars of Claim What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1) Defendant entered into an agreement for a Halifax (Unsecured Loan) account under reference XXXXXXXXXXXXXX (the agreement) 2) The defendant failed to maintain the required payment and the service was terminated 3) The agreement was later assigned to the Claimant on xx/xx/xx and notice given to the defendant. 4)Despite repeated requests for payment the sum of 2,600 remains due and outstanding And the claimant claims a) the said sum of 2,600 b) costs What is the total value of the claim? 2,800 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes Did you inform the claimant of your change of address? Halifax were notified of my change of address Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Unsecured personal loan When did you enter into the original agreement before or after April 2007 ? Before Do you recall how you entered into the agreement...On line /In branch/By post ? in branch Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? NO ..... account they are quoting never has been, the account number not assigned dropped off a couple of years ago. 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. Assigned to debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I received a notice of assignment of an account number I don't recognise Did you receive a Default Notice from the original creditor? Not for the account number assigned Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No, not for the account number assigned, up until November 2015 for Halifax Loan Why did you cease payments? I have never paid anything to the account number assigned.... The loan that I did have with the Halifax I had an arrangement with and failed to transfer the standing order when I changed bank accounts... Then life got in the way and I forgot What was the date of your last payment? I believe it was May 2018, but not certain as bank account is now closed. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes What you need to do now. Answer the questions above If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable) -
Hoped BN, the term is Hoped ... Bet he had more than 6 with him That'll be £10k fine Johnson -
yes - court doesnt have any copies electronically or on paper, emailed me yesterday -
By brassnecked · Posted
Thought wee Nippy would tell Police Scotland to arrest his sorry ass -
The Budget - when is it, what does it do and what should we expect to hear from the chancellor? View the full article
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786-
- 31 replies
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