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    • I'd also appreciate a bit of advice on the process.    Am I expected to provide the evidence for my draft defense at the set aside hearing? Or does that come afterwards?    In order to collect the evidence that I need I will need time to gather the information that Lowell hold in relation to the debt. I have a lot of back and forth emails about a complaint with Lowell for the BT account, they allege that I took out a verbal contract with BT mid term through a previous agreement for "Broadband Equipment" and that I made payments to this account. This is false. I only had 1 account with BT, this was assigned to Lowell previously and I paid it in full. 
    • I am about to file an N244 and was looking for some advice.    Lowell filed a back door CCJ on me at my previous address whilst chasing me at my correct address for a different debt. They are also claiming for two unrelated agreements with two separate companies on the same CCJ.  They obtained a judgement by default in November 2020 which came to my attention on 26/07/21 when I checked my credit record.    Particulars of claim: 1)THE CLAIM COMPRISES THE FOLLOWING AGREEMENTS THE DEFENDANT ENTERED INTO: A. BT PLC WITH REFERENCE ********* AND CURRENT BALANCE OF £299.51 B. VODAFONE FINANCE UK LIMITED WITH REFERENCE ******** AND CURRENT BALANCE OF £135.92 THE AGREEMENTS WERE TERMINATED AS PAYMENTS WERE NOT MAINTAINED AND SUBSEQUENTLY ASSIGNED TO THE CLAIMANT. AND THE CLAIMANT CLAIMS: A) THE TOTAL OF THE SAID SUMS BEING £435.43 B) INTEREST PURSUANT TO S69 COUNTY COURTS ACT1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, BUT LIMITED TO ONE YEAR, BEING £34.83 C) COSTS   So I need to break down this into a usable witness statement:   I did have letters from Lowell at my current address prior to the CCJ but no longer have them. I have emails from January 2021 and subsequent emails in April 2021 and June 2021 where Lowell include my current and correct address.    Realising that I no longer had the letters from pre the date of the judgement, but they had written to me, I called Lowell on a recorded line in relation to a 3rd debt not mentioned in the judgement:   Lowell confirmed that they previously had my current address on file, but it had since reverted to my previous address as there was no contact at my current address. I pointed out that I had emails from as recent as June this year where they included my current and correct address. The agent confirmed that they had reverted to using my previous address as of 26/07/2021. The same day I found out about the judgement and spoke to their representatives Overdales.    I believe this is grounds for a mandatory set aside as the claimant had my correct address and acted negligibly by sending it to my previous address.   In any event, we had a long history of communicating about the disputed debts over email, I had specifically requested that they contact me regarding these debts only by email.     I wrote to the claimant to request consent for the set aside on these grounds, they refused and declined to give any reason for their decisions when asked.    In case the judge doesn't see the evidence the same way I do, I want to also submit a draft defence.    If you could help me to word the below better I would be grateful:   I admit that I have had an account with BT but do not recognise the account they are claiming for. I settled an account in full with Lowell for a debt with BT in 2018 and deny that I owe them any further money.   I do not recognise any debt to Vodafone.    The two agreements mentioned in the particulars of claim are from two unrelated agreements that relate to two separate companies for unrelated products or services. In order to defend each case on its own merits there should two separate claims issued by the claimant, each with their own supporting evidence.     What do you think my chances of succeeding are?  
    • Thanks for your time and advice dx its very much appreciated. sometimes I get a panic on and think everything is going to happen all at once. In just need to take a step back and soak everything in 🤔   Thanks again dx   G
    • These were hand delivered with a stamp from a gentleman from the company mentioned. I wait to see if the court will give an order of substituted service 
    • if they were serious then once pers service fails they can 1st class post them. obv just done to scare you then.    
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Skipton MPPI


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Hello,

 

A few years ago a company called Loancheck and a firm of solicitors, Watson's from Llandudno, carried out an audit on my mortgage.

 

 

as probably many on here already know, those two organisations are no longer in existence.

Recently I dug my file out on this old mortgage (redeemed in 2007) to try and piece it all together from the information I have.

 

I have some paperwork but not all documents from the file Watson's had created for my case.

 

 

One of the key documents missing from my files is the actual mortgage agreement.

 

 

I'm not sure if it is in the Watson's file as it appears that Watson's were having difficulties in getting requested documents from the Skipton.

 

 

The latest dated copy of a letter from Watson's to Skipton I have (dated 2008)

refers to earlier dated letters reminding the Skipton that certain documents had been requested before.

 

I have requested my file back from Mr Watson (phoned the Solicitors Regulatory Authority who advised I write to him via them

as they would forward the letter on to his personal address), but as yet I have not had a reply.

 

One of the few issues that Watson's did mention was the the possibility of mis-selling of MPPI. I don't know whether Skipton replied to Watson's regarding this.

 

I did have MPPI on the mortgage.

 

 

I have come across a letter from Skipton sent to all MPPI customers confirming this.

 

 

The letter said, "as your insurance premium is paid with your mortgage", therefore it would appear that it was a front loaded single premium mortgage.

 

I also have a copy of the original Enquiry Form from my meeting with the salesperson from the Skipton where it clearly states that I was self-employed.

 

In short,

I didn't know I had MPPI at the time I took the mortgage out,

 

 

I don't have a copy of my loan agreement (to see exactly how much the MPPI was)

and I don't have access to the documents that Skipton sent to Watson's after my SAR request.

 

As I said however, I do have a letter from Skipton's confirming I had MPPI and a copy of the Enquiry form clearly showing I was self-employed.

 

I am in the process of writing to the Skipton to request a refund but am unsure as to how much to put in for the claim.

 

 

In the absence of knowing specifically what the amount was,

is there any other way of knowing how much MPPI would be included in a monthly mortgage payment?

 

 

For instance, would there be an industry standard £MPPI to every £100 monthly mortgage repayments made?

If there is, or amounts within certain parameters, then at least I could calculate a reasonably accurate figure.

 

Or should I send the letter stating that I intend to claim,

without an amount mentioned in the letter,

ask them for a copy of my loan agreement (although knowing that they were reluctant to send me this in the past),

and wait for the response from Skipton?

 

I hope all that makes sense.

 

Regards

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i'd make a new SAR request

cant hurt

 

 

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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