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    • Which Court have you received the claim from ? Civil National Business CEntre Name of the Claimant ? Lowell Portfolio i Ltd How many defendant's  joint or self ? Self   Date of issue –  15 Feb 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  The claim is for the sum of £922 due by the Defendant under and agreement regulated by the Consumer Credit Act 1974 for a Capital One account with an account reference of [number with 16 digits] The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit ACt 1974 which has not been complied with. The debt was legally assigned to the claimant on 16-06-23, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of the issue of these proceedings in the sum of £49.15 The Claimant claims the sum of £972 What is the total value of the claim? £1112 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I dont know the details of the PAPDC to know if it was pursuant to paragraph 3, but I did receive a Letter of Claim with a questionaire/form to fill. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card When did you enter into the original agreement before or after April 2007 ? no Do you recall how you entered into the agreement...On line /In branch/By post ? Online 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. Assigned/purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware, I'm not certain I received a 'Notice of Assignment' from Capital One but may have been informed the account had been sold without such a title on the letter? Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not since the debt purchase, and not from Capital One. Why did you cease payments? I can't remember - it was the tail end of the pandemic and I may not have had enough income to keep up payments - I am self-employed and work in the event industry - at that time. I also had a bank account that didn't allow direct debits and may have just forgotten payments and became annoyed at fines for late payments. What was the date of your last payment? Appears to be 20/4/2022 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? No Here is my Defence: 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 in the past had an agreement with Capital One but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.. 3. Paragraph 2 is denied. I am unaware of having been served with a Default Notice pursuant to the Consumer Credit Act 1974. 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 5. The Defendant has sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request. 6. A further request has been made via CPR 31.14 to the Claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has not complied and to date nothing has been received. 7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Claimant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 9. On the alternative, as 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 Consumer Credit Act 1974 10. 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. .................. Please note that I had to write a defence quite quickly as I hit the deadline. At the time of writing the defence, I hadn't been able to find correspondence from Capital One, but had since found default letter etc. I submitted CCA request and CPR 31.14. However, I didn't get any proof of postage or use registered post for the CPR (an oversight) but did with the CCA request. I received a pack which included a letter from Overdales, going over the defence I'd filed, as well as letters of Lowells and reprints of letters from Capital One. But I have no idea if this pack is in response to the CCA request or the CPR ! I would have expected two separate responses ... although I do know they are both the same company. Looking over the pack today, and looking through old emails .. I find some discrepancies in the Capital One default letters (notice of default and Claim of default). They are both dated *before* an email I have stating that a default can be avoided. The one single page of agreement sent (so not the full agreement) has a 16 digit number at the top in small print, next to 'Capital One' which corresponds to a number called 'PURN' printed at the top of each of the 10 pages of ins and outs of the account (they're not official statements, but a list of monthly goings) yet no mention anywhere on either of the account number. I cant really scan them at the moment - I can later tomorrow, but that will be after the mediation call I'm sure. I guess I may be on my own for this mediation ... I am not certain the CCA request has been satisfied .. or if the CPR has been . And then I appear to have evidence that the Default notices provided are fabricated ? Yet, I do have (elsewhere ... not at home) Default letters from Capital One I can check ..
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Primark sending RLP CCTV


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My friend was caught stealing at primark, we were with two others, these two left the shop 10 minutes before we did, because I had to pay so my friend that stole come with me.

She stole goods worth £10 in the changing rooms at primark, they got given back with no damage. I wasn't in the changing room with her so had nothing to do with it.

We were then detained as we left the shop, they told her she would get a RLP fine without contacting police. They phoned both our parents so they could "release" us. They only told her she would get the fine. We're also banned for 6 months and will get arrested if we go back in during this time.

 

A month later we both got a letter demanding £174 in seven days, from RLP, were only 16 years old so can't pay that amount in so little time. My mum rung primark and they are sending CCTV to RLP who will decide if I was involved.

They said if they can't find anything showing I'm involved they will say sorry for sending it.

 

Will RLP look at the CCTV? It happened in a changing room, will they have CCTV in there? Will they assume I helped her if there's no CCTV in there? How long do they keep CCTV for?

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Hi and welcome to CAG. I have moved your thread to our dedicated RLP forum.

 

I have to nip out soon but in the meantime, read around the RLP forum to get some ideas. Do nothing as yet.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Ignore the letters. Completely. Rlp cannot do anything except send you silly letters. Primark will also not send rlp any CCTV evidence as that would breach the data protection act.

 

Do NOT PAY a penny, make sure you ignore all letters, learn from your mistake and get on with your life.

 

If your parents are worried, tell them.not to be and to come and read the RLP forum on this site.

 

Rlp is nothing more than a shady company ran by a very silly woman who preys on the uninformed and vulnerable.

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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Tell your mum to forget it, IGNORE them.

 

RLP are chancing their arm and they know it.

If they (Primark) didn't call the Police, and there was no Police involvement, then the matter has been dealt with.

 

There has been NO LOSS to the store, the items were returned.

 

There silly letters will tell you that the cost of the security being taken away from their job blah blah blah cost this blah blah blah, forget it, the job of the security is to do exactly that, security. They will get paid no matter what.

 

This is an elaborate con by RLP to threaten and intimidate uneducated shoplifters, there is no fine, no court, no jail, and now no police.

 

Be aware, that RLP will send you ever increasing threat letters, you CAN ignore them, and you SHOULD ignore them, once their computer has spat out the last of their threatogrammes, they will pass it onto their powerless debt collection agency (DCA) who again can be ignored!

 

If you're easily intimidated by words in a letter, then don't read the letters, the woman who owns this business is very very well known on here, and the advice has always been to ignore their puerile missives.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Will primark send the CCTV, my mum rang primark to try and clear my name, this is why they said they will send the CCTV to RLP and let them decide within a week.. My mum threatened that if they don't clear my name and don't have proof I helped her she would take it to the papers..

 

however would they take us to court? If so what would come out of it being taken to court?

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Sounds like your mum is firmly on your side. It is extremely unlikely that this would go to court - RLP got severely castigated last time they tried (look at the Oxford case).

 

One more thing: If Primark have CCTV coverage of the changing rooms, it would only be of the general area and not inside the cubicles. IF it came out that CCTV was inside the cubicles, the press, ICO, and countless other bodies would come down on them like a ton of bricks.

 

Without proof of your involvement in any wrongdoing, RLP are on a hiding to nothing.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

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Thank you, I'm just so worried that they could turn around and say I was involved because we went into the changing rooms together although in seperate cubicles. Do you think they will clear my name? Some said that they won't even bother sending CCTV?

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They won't do anything but they will say everything. Stop worrying and start ignoring them. Also, never phone them. Ever. No matter how tempting it might be

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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I heartily agree with every comment above.

 

What I would do is get your friend to register so that we can tell her(?) the same as you.

 

As for your involvement, I would get your mum to write a strong complaint to Primark Head Office.

 

You were not involved with the theft therefore there should be no comeback on you and certainly no ban.

 

This is them saying guilt by association and trying it on in the hope that one of you will pay.

 

When they try it on a bit more come back for more reassurance. In the meantime, have a read of this.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?448994-RLP-FAQ-s.-What-do-they-mean&p=4762870&viewfull=1#post4762870

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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It can be very tempting to try and fight it, but the best thing is to do what everyone is saying here and ignore them. They have no legal powers what so ever. They can't affect your life anymore than send letters to scare you. Don't let them scare you and ignore them. They will go away eventually.

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They said I have to be involved as I was detained with her, we walked out the shop together. Before and after we were in the changing rooms we were with two others so they should technically be as guilty as I would have been but because they left earlier they got nothing. But thank you everyone! It's made me feel more settled knowing :)

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Don't pay them anything

Primark nor rlp have any legal powers to decide anything

They are no thepolce nor a judge

 

Totally ignore them

 

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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"Clear your name"

 

You have not been arrested

Charges have not been pressed

No judge or Magistrate have convicted you.

 

Therefore

 

You have not been found guilty of anything

 

Your name is clear.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I was having a think about this. If the CCTV shows your friend stealing but you were not with her at the time, they should not have detained you at all. I would be thinking unlawful detention.

 

Just a thought

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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The CCTV won't show her doing it as she doing in the changing room cubicle, I went in a different one. So won't show it all..

 

The only reason they called us back in was because they thought we were walking around "suspiciously" because we went to different floors and I put something back quickly because the shop was closing and the lights went off so had no time to pay.

 

They then called us back in, found nothing on me

but a stolen handbag on her

then detained both of us,

 

he said I was just as guilty because I was "with her"

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They're wrong. They can't touch either of you anyway. Ignore their prattle and move on with your life

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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Just got back a letter saying "we write to advise that we have completed our internal investigation and can confirm that our client has withdrawn it's claim in it's entirety" does this mean my friend still has to pay the fine? I only got sent this letter.

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There never was a fine. Of any kind. It was a con by rlp. Nothing more, nothing less.

 

There has NEVER been anything for you to pay throughout this entire ordeal.

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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They have obviously looked at the CCTV and saw that you had nothing to do with this.

 

Personally, I would be making a formal written complaint to Primark for unlawful detention on your part. They had no evidence therefore no right to hold you.

 

It is quite important that you direct your so called friend here so that appropriate advice be given as I suspect RLP will go after her for the amount in full.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Write to them,

 

Primark Stores Limited

Primark House

41, West Street

Reading

Berkshire

RG1 1TZ

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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