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Lowell/BW legal/Additions direct


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Hello all,

 

Just had a claim form issued from an old Additions catologue from 2003,

to reply to this claim,

is it the same procedure as with credit card etc.

 

send cca to lowells

sar request to Additons

 

the particulars of claim are as follows:

 

the claimants claim is for the sum of 6485.24 being monies due from the defendant

to the claimant under a home shopping agreement

regulated by the consumer credit act 1974 between the defendant and shop direct finance company.

 

under account ref xxxxxxxx and assigned to the claimant on 06/04/2011 notice of which has been given to the defendant.

 

the defendant failed to maintain the contractual payment under the terms of the agreement and

 

 

a default notice has been served and not complied with.

 

The claim also includes statutory interest persuant to section 69 of the county courts act 1984

at a rate of 8.00 % per annum ( a daily rate of 1.32 from the date of assigment to the date of issue being and ammount of 483.12.

 

This was a home shopping catologue with a limit of 400 pounds that they kept upping and upping

and when i separated from my husband, i just could not keep up the payments.

 

thanks in advance for any help

 

flembo

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"This was a home shopping catologue with a limit of 400 pounds that they kept upping and upping and when i separated from my husband, i just could not keep up the payments."

 

Do you mean you kept buying flembo? If they upped the limit you dont have to use it....bit confused by your statement.

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 OTHERS

 

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

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yes andy,

they kept upping, and i kept using.

 

 

i know i was wrong but thats how they get you,

 

 

until the sar comes i dont know what real figure without charges, etc is.

 

its just the procedure that i need help with,

 

 

if it is different than with credit card for some reason.

 

thank you

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Defending a claim ...be it Credit Cards or Cats or loans is the same process...only varies for telecoms and overdrafts.

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 OTHERS

 

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

If you want advice on your Topic please PM me a link to your thread

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don't forget the CPR to BW

 

 

even though they'll prob bounce it

 

 

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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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 OTHERS

 

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

If you want advice on your Topic please PM me a link to your thread

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By midnight 12th AOS

By midnight 26th oct for def filing

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 all,

 

 

so far i have only received a letter from BW legal, saying that they dont have any information and are sending for it.

 

 

I have had nothing back yet from Additions with my SAR or from Lowell with the CCA.

 

do i post the defence as the embarrassed/no information defence or is it different.

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did you AOS?

 

 

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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Share on other sites

wee bit of time yet then

they might comply.

 

 

just remember there is no such thing as embarrassed defence.

 

 

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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hello DX or Andy,

my time to enter a defence is near,

 

 

do i use the holding/no paperwork defence

 

 

because so far, all i have had is a letter from BW legal saying they will try and get any paperwork to me as and when they can.

 

 

I have heard nothing from lowell or additions.

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yes if they have not complied

but you have a few days yet

pers I would not file till the day due.

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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Share on other sites

By midnight 26th oct for def filing

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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Share on other sites

Yes they are

 

 

33 cal days [minus BH's /PH's]

 

 

where day one is the date on the claimform

 

 

dx

Edited by Andyorch
Edit

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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Share on other sites

yes adapted to their PoC mind

 

 

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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Share on other sites

hi dx

how does the following look to you

 

Particulars added for checking defence

 

1.The claimants claim is for the sum of 6485.24 being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974 between the defendant and shop direct finance company.under account ref xxxxxxxx

 

2.and assigned to the claimant on 06/04/2011 notice of which has been given to the defendant.

 

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

 

4.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8.00 % per annum ( a daily rate of 1.32 from the date of assignment to the date of issue being and ammount of 483.12.

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2.Paragraph 1 is noted. I have had an agreement in the past with Shop Direct but any alleged balance is and remains in dispute for faulty goods/services/ charges

 

 

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over 3 years ago.

 

4.Paragraph 3........?

 

5.Paragraph 4........?

 

6.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

8.On the alternative, if the Claimant is an assignee of a debt, 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 Act 1974.

 

 

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

Edited by Andyorch
Particulars added for cross reference.
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I am no legal expert

 

 

I'm sure andyorch will comment nearer the time

 

 

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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Share on other sites

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