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    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.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 issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   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.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, 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 the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. 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 Defendant 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 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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.   I will get this put into the defence section. Thank you again.
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cheddar

Lowell/lowells sols claimform - old Vodafone mobile 'debt'***Claim Discontinued***

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DQ arrived, will fill it in and send it recorded tomorrow.


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Duplicate.


Ex CAG helper ^_^

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Sending it off today. I hope I did it right, I need to be a Lay Representative for him but didn't mention it on the DQ, I assume "witness" means something else.


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Witness is 1 cheddar...himself...for you to assist and speak you will have to request permission of your local county court.

 

Andy


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Witness is 1 cheddar...himself...for you to assist and speak you will have to request permission of your local county court.

 

Andy

 

Oh! I see, "including yourself"! Derp. Ok so wtiness 1 is the boyfriend so I'll put 1 and if we get a hearing date I'll write to the court asking if I can be his Lay Rep and why.

 

What about mediation, there's no way he can speak on the phone, that's even worse then in person for him. I can't find anything about representing someone at mediation, only at hearings.


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I cant see a problem with you relaying the details by telephone on his behalf...again just tell the mediator the reasons why.


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Awesome, thanks Andy!


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It was sent 2nd Class Recorded on the 10th

Royal Mail say the barcode isn't valid even though I have a receipt for it.

 

Nothing on MCOL to say they have got my DQ

it was sent to me 3 weeks ago

 

I'm waiting on someone at Royal Mail to get back to me.

 

What can I do if it's been lost?

 

Send another?

 

Can I use a blank form printed out?

 

Do I need to contact the court?

 

This is seriously the last thing I need after spending a week severely ill and I'm still not well. :(


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don't panic mr Mannering

 

 

phone the court and ask...

 

 

dx


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don't panic mr Mannering

 

 

phone the court and ask...

 

 

dx

 

Thanks, I'll give em a bell in the morning. Blegh. Shall let you know what they say ^_^


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Was ill most of the night, slept most the day so didn't get to ring Nothampton, looked on Royal Mails Twitter to see if they had replied to me, it seems Track & Trace was broken. Looked again and it was signed for on 11th March. It just doesn't show on the MCOL.

 

Waiting game again.

 

:)


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Cheddar...submission of your DQ does not appear on MCOL until a Notice of Allocation is served...this transfers the claim to your local county court and sets the directions you must comply with....once this is received MCOL will show the claim has been transferred out.

 

Andy


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Cheddar...submission of your DQ does not appear on MCOL until a Notice of Allocation is served...this transfers the claim to your local county court and sets the directions you must comply with....once this is received MCOL will show the claim has been transferred out.

 

Andy

 

Yet I just had another look at MCOL and it states:

 

"You filed a DQ on 19/03/2016"

 

I guess that was added on today. I wonder if Lowlifes have sent theirs in, guess we don't get to see that bit lol.


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Bump your thread when you receive your Notice of Allocation.


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Got a bill from Lowlifes Solicitors and a copy of their DQ. Was I supposed to send one to them?

 

They also put "0" in the section of how many witnesses including them will show at court. Is that an admittance that they won't turn up? Seems odd to me.

 

Sorry if I'm not to be asking questions until I get the allocation. I'm just curious.


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Got a bill from Lowlifes Solicitors and a copy of their DQ. Was I supposed to send one to them? Bill for what.?..the claim has not even been allocated to track yet

 

They also put "0" in the section of how many witnesses including them will show at court. Is that an admittance that they won't turn up? Seems odd to me. No they went to the same skool as Mr Carter..same maths teacher:-)

Sorry if I'm not to be asking questions until I get the allocation. I'm just curious.

No problem ask away

 

Andy


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:lol:

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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LOL!! Yeah I remember Mr Carter. They just made the letter look like a bill tbh, very dodgy, it has the body of a letter and then details on the debt on the right with the amount in bold which is now over £300.


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So a statement of account ...not a bill?


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Probably yeah, I managed to get a quick look of it as I was going out the door. Sorry, I didn't word myself correctly.


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Had a look on MCOL last night, shows claimant filed DQ on 02/04/16.

 

Nothing else has happened as yet :)


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Have you received your DQ and filed also cheddar ?


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Have you received your DQ and filed also cheddar ?

 

Yup. Current state on MCOL:

 

Claim Status

A claim was issued against you on 11/01/2016

Your acknowledgment of service was submitted on 14/01/2016 at 21:15:13

Your acknowledgment of service was received on 15/01/2016 at 08:02:10

Your defence was submitted on 28/01/2016 at 16:05:07

Your defence was received on 29/01/2016 at 08:01:41

DQ sent to you on 01/03/2016

You filed a DQ on 19/03/2016

DQ filed by claimant on 02/04/2016


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So they (Claimants Sols) have not served a copy on you...did you send them a copy of yours?


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So they (Claimants Sols) have not served a copy on you...did you send them a copy of yours?

 

See #65. They sent me a copy of their DQ but unfortunately no, I didn't send them a copy of mine, bit late now :/


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