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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer and that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim and don't add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the members of suggested above – it should be the final version. court, that I would respectfully requestup but I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Bryan Carter / Shop Direct littlewoods account from 1994!!


Sassy4321
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Hi All,

 

 

im a new user to the site and im hoping someone can offer me some advice on a situation i am faced with at present.

 

 

Back in June of this year, I received a letter out of the blue from a solictors company called 'Bryan Carter'

acting on behalf of a company called 'Lowell',

 

 

they stated that i owed approx £1300 on a Shop Direct Account and

their letter was titled a letter of claim' saying they were going to apply for a CCJ if i did not pay or make a payment arrangement.

 

Not having heard of none of these companies,

i wrote them a letter back denying all knowledge of the company Shop Direct

and denying i owed the debt and asked them to send proof,

I received a reply from Bryan Carter saying that i should refer to my own records and statements from the original creditor ??

 

I was then advised by a consumer helpline to send them something called a 'CCA Request' a

nd a £1 postal order asking for a copy of the agreements made

and a copy of the statements for the alleged account,

this was sent at the beginning of August and until today i have heard nothing else from them.

 

Today in the post,

i have received a reply from Bryan Carter in relation to my CCA,

 

 

it states, attached is a summary statement in relation to the account in question

which was opened with Littlewoods in 1994

and this should satisfy the CCA Request,

then it says i have a week to contact them to make a payment arrnagement or further action may follow.

 

However, All they have sent me is a piece of paper from Shop Direct which includes the following:-

 

1, My Name and and account number (with No Address which it relates to)

 

2, A summary of payments made on the account (last payment showing as January 2009)

 

3, A Balance Summary,

 

4, A section saying that the account has had £600 insurance charged and £120 in charges ?

 

5, A section which says goods ordered in the last 3 years (which is blank with no info).

 

Now my Questions:

-I cannot recall ever having a Littlewoods Account or Shop Direct account,

i know i had a catalogue account many many years ago,

but this was all paid off as far as i know.

 

Does the above paperwork satisfy a CCA Request ?

 

I was told that they had to send a credit agreement ?

 

What else can i do, if im sure ive never owed money to these companies ?

 

What action are they likely to take if i dont contact them ?

or shall i send another letter asking for a copy of the agreement and address it was taken out at ?

 

Any advice appreciated as getting worried about this now. Many Thanks Sas

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Hi sassy..

 

No, it isn't satisfactory - however there are some people who would fall for this.

 

I will try and find someone to advise further.. so hold tight. It might not be this evening.. all the caggers who advise in this section are volunteers so they will look in on you as soon as they can.

 

You MUST not under any circumstances telephone these people.

  • Confused 1

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Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I think what you need to do here, is send a prove it letter. Chances are when you contacted CArter and co, he has used your info to try and create a reconstituted agreement.

 

This guy and his company dont care about facts, All he cares about is getting money from people however he can. Thats why, when he is challenged, he runs a mile.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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is this on your credit file?

 

 

I bet not!!

 

 

and if you've not paid nowt in more than 6yrs, its statute barred

 

 

go away and fleece another mug carter

 

 

this one found cag.

 

 

pers I'd not be replying further

 

 

DCA's and their 'fake/tame' sols

are NOT BAILIFFS

 

 

and have

NO SUCH LEGAL POWERS.

 

 

you fellfor the threat-o-gram.

 

 

now you need to ignore them.

 

 

unless they issue a claimform.

 

 

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 sassy..

 

No, it isn't satisfactory - however there are some people who would fall for this.

 

I will try and find someone to advise further.. so hold tight. It might not be this evening.. all the caggers who advise in this section are volunteers so they will look in on you as soon as they can.

 

You MUST not under any circumstances telephone these people.

 

Ok thanks all for your replies, I await your further assistance citizenb and fellow CAGgers, ill check my credit file and will update later today

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Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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if you've already sent a cca request and carter has failed that

 

 

there is little oint in sending the prove it letter

 

 

neither is there any point in a cca failure letter.

 

 

until/unless carter finds the CCA

he knows full well any cour claim will FAIL>

 

 

pers I'd send nor do anything.

 

 

the only thing not to ignore

is if hes brave enough to issue a claimform

for a debt he holds no CCA for.

 

 

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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go get your credit file from noddle below.

 

 

make sure this is say not fraud

 

 

could be if you've moved?

 

 

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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