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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
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    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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JD Williams Marisota Debt sold to Lowells


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Hi all,

 

 

I've today written my CCA request for UK Search to provide me with the original agreement for the Simply Be account I had when I was married.

 

 

I'm currently paying £3.90 a month, but I'm not working now and I have no benefits at all.

 

 

They have 12+2 days to respond - what happens if they don't? What do I do then?

 

 

Best regards

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  • 4 weeks later...

Ok following on from my other threads

 

 

I've stopped the Standing Order and saved a screen print of the Signed For Receipts.

 

 

What happens to my credit file if I've stopped paying?

 

 

Do I have notify the CRAs that I'm in dispute

so that nothing can be put on there by the DCAs

until they produce the CCA?

 

 

I'd be really grateful if somebody could come back to me....

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sadly having no CCA does not prevent who think they own the deb tfrom marking your file

and no you don't have to inform the cra's of anything.

 

 

if the debt is defaulted

it will go on the defaults 6th birthday from your file regardless 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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  • 4 weeks later...

An update:

 

I got a letter from UK Search dated 4th March, but it was delivered to my parents address (they have written to me and my new address before). The letter was chasing the payment that I've not made because I stopped payments as they didn't acknowledge or even give me the CCA I requested on 13th January.

 

Lots of capital letters and lots of "you must contact us now to avoid further action"....

 

Advice, please....

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threat-o-gram

 

 

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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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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  • 3 months later...

OK folks - another exciting (not!) update.

 

They are being very sneaky (but I'm not stupid and will not fall for it!)....

 

Original Debt was with JD Williams and then it was passed to UK Search to "administer"

I then sent the CCA request which went ignored back in January this year.

 

 

Then there was the threat-o-gram mentioned above and earlier this month

 

 

I received a statement from Lowells obviously showing no payments (due to the CCA not being answered) with a default notice.

Today I received a letter from Lowells stating that my account remains unpaid (of course!!)

 

I want to write them a "go forth and multiply" letter due the CCA not being acknowledged or answered,

but I need to know if, because I served the CCA on UK Search and not Lowells,

does that still apply?

 

I had a letter waaaay back saying that the account would continue to be managed by UK Search....

 

The most recent letter states contact us before 30/07 and we will not transfer your account to a DCA - but surely they are a DCA and so is UKS???

 

I'm confused.com (not stupid.com)

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If lowells have bought the debt, then youd need to CCA them. If the last muppets didnt get one then chances are lowells wont. But dont pin your hopes up. They could get a reconstituted agreement, and even then if they went to court, you used the account so a CCA wouldnt work too well.

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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Theyre dca's and their subsidaries. They dont follow the rules.

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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no. Dont write to lowells with everything. Just CCA them. Nothing more.

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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And read the whole CCA request thread first!

 

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

I don't know if this is a win or not... Or what steps to take next? Got a letter from Lowell saying that in response to my request for a copy of the credit agreement - JD Williams cannot find it so they will be closing the account and not pursuing me any further. Win or not yet?

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Until they find it

If you are paying anything stop

 

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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It is likely that Lowells could have returned the account to JD Williams - there is nothing to stop them selling to another Debt Purchaser - so just be aware that you could be chased by another one at some point.

 

When was the last time you made payment to the account - has it been defaulted on your credit files ?

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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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  • 1 month later...

Sorry for the delay - moving house! It was defaulted in 2012. Got a letter today from JD Williams and Lowells:

 

JD Williams:

 

Thank you for your recent communication.

 

This account was originally opened on 04/02/10 as a 28 day continuous personal credit account.

 

Due to non payment the account was passed to an outside authority for collection on 30/08/12 with an outstanding balance of £2027.22

 

In relation to your request for a signed copy of your credit agreement please be advised that we rae under no legal obligation to supply you with a signed copy of your agreement at this time. However, please find enclosed a "true copy" of your agreement, along with current terms and conditions applicable t your account, to which you have agreed.

 

Lowells:

 

Thank you for your recent request; we attache a reconstituted version of your credit agreement with JD Williams - which we consider contains all the required key information.

 

We consider that this reconstituted agreement complies with all the requirements of sections 77-79 of the consumer credit act 1974 and the FCA's Consumer Credit rules relating to the provision of copy credit agreements.

 

We are also enclosing copy statements for your perusal and retention. Please be advised that the outstanding balance shown on these statements does not match that of the outstanding balance. Our account was opened on 27/03/14 with an outstanding balance of £2056.92 and payments of £50.20 have been received by us.

 

Lowell purchased this account from JD Williams and we are entitled to receive payment of the outstanding balance.

 

We have stopped collections activity on your account for 30 days whilst we wait for your proposals for payment.

 

What do you advise folks? Start paying again at the previously negotiated rates?

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What did they send. Even a reconsituted copy has to meet certain requirements, and you should NEVER believe lowells.

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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Scan it up please and redact personal identifiers. It has to meet certain requirements to be compliant, even for a reconstituted agreement.

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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  • dx100uk changed the title to JD Williams Marisota Debt sold to Lowells

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