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    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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 on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
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Carter/lowell Claimform - LLoyds Credit Card 'debt'


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Hi to all

 

 

have received some excellent advice via these forums in the past for which I've been extremely grateful

so hoping someone may be able to help with a new query:

 

Have received a claim form relating to an old Lloyds credit card,

debt dates back to at least 2006,

 

 

over the years has been passed from DCA to DCA,

last DCA was Lowell who have now issued the claim via Bryan Carter solicitors

 

I intend to dispute the claim although need some time to consider this as could be on a variety of issues

so intend to return the acknowledgement of service ASAP as my 'response clock' expires in a few days

 

However ...

. claim has been issued in the wrong surname (my old surname that the credit was taken in)

- haven't used that name for about 4 years & changed formally via proper processes -

so do I return the acknowledgement of service with this name corrected to my new one

or do I deny the claim based on the fact the surname is wrong ?

 

 

Am unsure whether this is grounds for defending the case without having to get into the nitty gritty of the details ?

 

Background on the history is that

 

 

I issued a CCA request in 2010,

they eventually responded with something they state complies with this request

however no signature just a copy of the standard T&C's with my details electronically entered at the top

so unsure this is full compliance?

 

 

Therefore in my view account was in dispute although am aware that CCA may not be a line of defence any more so unsure?

 

Also unsure as to whether they have followed all the required processes

- original default notice was issued to my old address,

not had much since & unsure on the Notice of Assignment issue

- not sure what this is,

or whether I have ever had one but may not have copies of all related correspondence anymore as debt is so old

 

Apologies if that's all ma bit waffly,

but any advice on how to respond on acknowledgement of service greatly appreciated

so I can gain some time to get my head round the rest of it

 

Many thanks in advance

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Did you seriously imagine that by changing a name through eg marriage or deed poll, but not informing creditor, one can evade and deny responsibility for debts? If so, we would all be at it.

 

For now, just send in AoS. Then complete the questionnaire you see in threads of others who have received a claim form. Sorry I can't copy the link at present.

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Hi to all have received some excellent advice via these forums in the past for which I've been extremely grateful so hoping someone may be able to help with a new query:

 

Have received a CCJ claim form relating to an old Lloyds credit card, debt dates back to at least 2006, over the years has been passed from DCA to DCA, last DCA was Lowell who have now issued the claim via Bryan Carter solicitors

 

I intend to dispute the claim although need some time to consider this as could be on a variety of issues so intend to return the acknowledgement of service ASAP as my 'response clock' expires in a few days

 

However .... claim has been issued in the wrong surname (my old surname that the credit was taken in) - haven't used that name for about 4 years & changed formally via proper processes - so do I return the acknowledgement of service with this name corrected to my new one or do I deny the claim based on the fact the surname is wrong ? Am unsure whether this is grounds for defending the case without having to get into the nitty gritty of the details ?

 

Background on the history is that I issued a CCA request in 2010, they eventually responded with something they state complies with this request however no signature just a copy of the standard T&C's with my details electronically entered at the top so unsure this is full compliance? Therefore in my view account was in dispute although am aware that CCA may not be a line of defence any more so unsure?

 

Also unsure as to whether they have followed all the required processes - original default notice was issued to my old address, not had much since & unsure on the Notice of Assignment issue - not sure what this is, or whether I have ever had one but may not have copies of all related correspondence anymore as debt is so old

 

Apologies if that's all ma bit waffly, but any advice on how to respond on acknowledgement of service greatly appreciated so I can gain some time to get my head round the rest of it

 

Many thanks in advance

 

 

Not informing creditors of name/address change will not help you defend this.

 

 

Given that Lowell has started action and the dates you have supplied I would not be surprised if the debt is close to being statute barred.

 

 

Check your credit files asap.

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If you could read and complete the following redminx and post your responses here.

 

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

 

Regards

 

Andy

We could do with some help from you.

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Hi & thanks for the advice. Have filed A of S stating I itntend to defend all of the claim

 

Re: statute barred last payment made was in June 2009 so on this basis was very close, although made a CCA request in 2010 so not sure if this constitutes admission?

 

Have read info on link posted, & responses as below:

 

name of claimant: Lowell Portfolio Ltd

Date of issue: 10/09/14

What is the claim for – the reason they have issued the claim:The claimants claim is for the sum of £1543 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant & Lloyds under account ref: **************** and assigned to the claimant on 15/08/12 notice of which has been given to the defendant.

The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with.

The claim includes statutory interest pursuant to S. 69 of the County Act 1984 at a rate of 8% per annum (a daily rate of 0.34) from the date of the assignment of the agreement to date but limited to a maximum of one year amounting to £15.00

 

What is the value of the claim?

Value of the claim: £1742

 

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

 

When did you enter into the original agreement before or after 2007?

Claim is for a credit card from 2006

 

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.

 

 

Claim is not by original creditor (eg: Lloyds) but from debt purchaser - has been passed around numerous DCA's before reaching Lowells

 

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

Not sure on this, I did receive a letter from Lloyds stating my account was 'being passed' to a DCA, & various letters from subsequent DCA's but nothing in my records titled 'Notice of Assignment' - although it goes back so far there is a possibility I did receive something that wasn't retained

 

Did you receive a Default Notice from the original creditor?

 

Yes in 2006

 

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

 

Definitley not, in fact haven't heard anything relating to it for several years until recently

 

Why did you cease payments:-

 

Unaffordability, basically following my divorce from ex, which left me shafted with numerous debts (mostly in my name only including this one) along with being a single parent to 3 children so was financially desperate

 

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

 

Well filed a CCA request in 2010 via the DCA who held the account at the time, never had a response for ages as they stated would have to liaise with Lloyds then out of the blue received a copy of what is basically a copy of standard terms & conditions relating to several of their credit card products with my details printed at the top - states it is a copy of my agreement but no signature , this may have been openeed online but not even any box for an electronic signature so don't believe this is actually a copy of my actual agreement, especially as it took them so long to come up with it?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan?

 

Yes made token payments of £1 /month for some time

 

Will send CPR 31.14 request ASAP, do I need to send new CCA request to Lowells although one previously sent to another DCA that was chasing the account before them?

 

 

Thanks so much for all the help

 

Redminx

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Make another CCA section 78 request to the claimant.

 

Andy

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Hi

Thanks for all the advice

Have received the following response from solicitor for claimant to my CPR31.14 request:

 

.... Further to your letter .... Requesting disclosure under Part 31 of the Civil Procedure rules.

We confirm the claim form was issued by ...... Court and that the court's protocol was followed when issuing the claimant's particulars of claim. Practice Direction 7C point 1.4 (3A) eliminates this requirement to attach the documents to the particulars of claim when they are issued by this 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

 

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 the defence

 

We confirm we are not in receipt of your acknowledgement of service

 

As you will be aware a claim was issued in this matter ..... Please respond to the Claim using the response pack provided by the court. You should comply with the deadlines etc etc

 

Am unsure where the response above leaves me in terms of proceeding except that they are refusing to provide the documents requested . Re: the acknowledgement of service this was sent within the required timescales by recorded delivery plus also responded online so know this was done properly .

 

Would be grateful for any advice

 

Many thanks

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The above is a standard template response redmix so dont read too much into it.

 

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

 

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Hi

Thanks for all the advice

Have received the following response from solicitor for claimant to my CPR31.14 request:

 

.... Further to your letter .... Requesting disclosure under Part 31 of the Civil Procedure rules.

We confirm the claim form was issued by ...... Court and that the court's protocol was followed when issuing the claimant's particulars of claim. Practice Direction 7C point 1.4 (3A) eliminates this requirement to attach the documents to the particulars of claim when they are issued by this 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

 

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 the defence

 

We confirm we are not in receipt of your acknowledgement of service

 

As you will be aware a claim was issued in this matter ..... Please respond to the Claim using the response pack provided by the court. You should comply with the deadlines etc etc

 

Am unsure where the response above leaves me in terms of proceeding except that they are refusing to provide the documents requested . Re: the acknowledgement of service this was sent within the required timescales by recorded delivery plus also responded online so know this was done properly .

 

Would be grateful for any advice

 

Many thanks

 

 

A standard response to a request made under CPR31.14 and correct.

Andy has said make a further CCA request did you do so?

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

Please Consider making a donation to keep this site running!

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Hi

yes have made new CCA request to Lloyds but doubtful I will receive a response before deadline for defence expires so not sure if this will help me much?

 

 

If there is no CCA it's going nowhere.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 1 month later...
  • 2 weeks later...

Hi there yes I did file a defence & received letter from court acknowledging this & advising the claimant had been advised of this to see if they wished to pursue. Now have letter from both court & DCA stating the case will proceed via the small claims track & asking whether I agree to this & also whether I would be willing to participate in mediation? Am assuming I should agree to small claims hearing & refuse mediation as this would be deemed acceptance of the debt?

 

Still no CCA so aim to defend it on these grounds.....

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All parties are expected to participate in mediation...it is not an admittance of anything.

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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