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Lowel/Carter claimform - cap1 credit card debt


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No response to their point 3 ?

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Good point

 

have received a letter of default. This default was issued on the account whilst in dispute for cc charges however i assume lowell will not have the paperwork for this right?

 

Regards

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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I doubt it nor Cap 1....but probably better to disregard it on this occasion.

We could do with some help from you.

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So put this in for paragraph 3

 

Paragraph 3 is denied. The Defendant has never been served a Default Notice pursuant to the CCA1974 .

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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No..... paragraph 3 is denied, the claimant has failed to produce any evidence of a Default Notice being served or any evidence of any breach and furthermore would not be in a position to have knowledge of this.

We could do with some help from you.

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Ok thanks Andy

 

I have amended the Defence above can you check it one more time then its good to go.

 

Thank you

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Fine ...just tweaked your 3 slightly...rest is good to go.

 

Regards

 

Andy

We could do with some help from you.

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This might sound like a daft question but i have to send in my defence via email. Can i download a blank claim form from internet so i can type in my defence or can i just type on a word document and attach to claim form. What i dont want to do is have to hand write.

 

Advice appreciated

 

 

Rob

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Just a attach a word doc to your email ..make sure to put the claim details in the header...and also add a statement of truth to the defence.

We could do with some help from you.

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  • 1 month later...

I submitted my defence on the 11th November and heard nothing since how long have they got to reply ?

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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Did you receive an acknowledgment of your email submission rob ?

We could do with some help from you.

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Yes they sent me an acknowledgement on the 11th november thanks for email etc same as they did on the 22nd october for my acknowledgement of service

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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They have 33 days in total to decide if they wish to respond and progress the claim....otherwise its stayed.

We could do with some help from you.

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It my book its 35 days from the 11th november right ? If so whats the next step?

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

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Nothing ...the claim is stayed....enjoy your Christmas and forget it.:-)

We could do with some help from you.

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You understand what stayed means rob ?..it means paused.....parked and not until the claimant decides to make application with fee to lift the stay and proceed...which may never happen..will anything further happen.

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

 

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Oh did not realise they could re open however i have just read about it :(anyway but if they do pay up im ready for a battle :)

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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I am now debating whether to go and get penalty charges from cap1 something to do through xmas

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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  • 2 months later...
Update Today i received a letter from carters and they have passed the debt back to lowel.

 

Passed representation back to Lowell's own Solicitors?

We could do with some help from you.

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Just says we are no longer instructed in connection with this matter and have returned to our client Lowell financial Ltd

HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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