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    • Thanks all, I say all! Bazza you do seem to take great blithe pleasure in offending someone you’ve never even met before. I can confirm i’m not an ‘OP’, which I presume is short-form for ‘Old Person’! Well I guess my positive spin on events will have to be consigned to landfill and I am just going to have to go with the general consensus  landslide of opinion and pay it then. Fiddlesticks. Another little piece of soul given to an organisation I find anathema to me - that’s what hurts the most [starts sobbing]. Oh well, could be worse I guess I could a Man City fan defending the indefensible! Thanks again.
    • You will receive a Notice of Judgment with details of the judgment and payment details
    • Hello, welcome to CAG. It would be a good idea for you to read other shoplifting threads here to get an idea of how this works. The police won't get involved now, so no chance of arrest. You need to avoid that branch of John Lewis for a while though. Basically, John Lewis's security people will give your details to either a firm like Retail Loss prevention or DWF solicitors who will then write to you with scary-sounding letters to frighten you into paying them some kind of penalty. They have no legal power and can't take you to court, only John Lewis can. Last time we saw a retailer in court against shoplifters, it went very badly for them and we haven't seen a case like that since - over 10 years ago. But you need to figure out why you did this. If you need support, talk to your GP and aske them. They will have heard it all before and won't judge you. Best, HB  
    • In addition to the information you've been given above, I suggest that you spend some time reading up on the stories on this sub- forum. There is a lot of information about suing as an entitled third-party. Take a couple of days – and by Monday you will be much more confident. More in control and you will have fewer questions to ask but the questions that you do think up will probably be more relevant and more interesting to your case. Do the reading. This is always an essential first step   Additionally please can you give us more details. What was the item, was it correctly declared, was the value correctly declared, what was the value that was declared? Very importantly what date did you send it?
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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carter/lowells claimform - o2 debt***Claim Struck Out***


neil24103
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How far is the court from you? I would go along just in case and put in a wasted cost claim against Lowlifes. I would also take a complaint letter along listing the length of time this has taken and the grief and frustration it has caused you.

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if I win will they after remove it from my credit file ?

 

No......the debt stands...its only the claim that hopefully fails.

We could do with some help from you.

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claim struck out for breach 0f cpr 27 failing to comply with judges directions. no default/assignment none attendance asked if I had anything to say. I showed letter from carter judge said its a breach of court procedure rule 42.2 42.3 (thanks andy) judge was not impressed not been informed. donation on its way thank andy

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:wink: Thread title amended to reflect the outcome.

 

Well done neil.

 

Regards

 

Andy

We could do with some help from you.

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:whoo:

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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They cant increase the default, they could however adjust the outstanding balance but bear in mind that the information you see today is the information from the last month or so. Anything from today onwards should be reported by the next time its update.

Keep an eye on it but i'd be pursuing lowells to have the lot removed immediately after todays result.

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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

In your case as they havent even bothered to supply anything you can argue that that the default is erroneous and as they hold no paperwork, no contract to enforce, how can they justify retaining a default against you?

 

As dx points out, theres no legal remit for them to do so but it wouldnt stop me having a damn good go at getting everything pertaining to it removed by lowells, they have access to do it in seconds if they so wish.

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don't know if this matters but Lowell mark my file as the LENDER they are debt purchasers so one would wonder if they have a licence to state this on credit files. once I start something I see it out looks like im in for the long haul with Lowell to try and get them to remove it

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they have a CCL yes else they couldn't mark cra files.

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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Slightly different in that case as it was adjudged the agreement was irredeemably unenforceable.Neils never got to trial.

We could do with some help from you.

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