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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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lips37

Lowell/Lowell's claimform - old shop direct cat debt - prob sb'd

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I received a court letter a few days ago from Lowells solicitors for a court summons for a dept that is over six years old. the last time i paid anything was in 2008, what should i do?

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Complete defence will be the debt is statute barred.

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Particulars of claim

 

It was assigned to the claimant on 30/11/2009

 

What is statute Barred?

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Particulars of claim

 

It was assigned to the claimant on 30/11/2009

 

What is statute Barred?

 

If you are 110% certain that it is Statue Barred (No payment or acknowledgment) for over 6 six years, you have a cast iron defence.

 

Can you confirm it's statue barred?

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If you are 110% sure, your defence from Andyorch

 

Defence

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation actlink3.gif 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

Regards

 

Andy

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Make sure you post up their POC so we can adjust the defense for you.

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How do i confirm this?

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No payment has been made in the last 6 years and no acknowledgement with them

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How do i post the POC?

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Hi Lips

 

If you would read the following link then copy and post your responses here...so we can best advise on how to proceed with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy


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Name of the Claimant ? Lowells

 

Date of issue – 11/01/2016

 

[/color][/b]

 

What is the claim for – the reason they have issued the claim?

1) The defendant entered into a Consumer Credit Act 1974 Regulated agreement with shop direct under acc ref XXXXXX (*the agreement)

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with

3) The Agreement was later assigned to the Claimant on 30/11/2009 and notice given to the Defendant

4) Despite repeated requests for payment the sum of £2,015.62 remains due and outstanding

And the Claimant claims

A) The sum of £2,015.62

B) Interest Pursuant to s69 county courts act 1984 at the rate of 8% per annuim from the date of the assignment to the date of issue,

accruing to a daily rate of £0.44, but limited to one year, being £161.25

c) costs

 

[/color][/b]

What is the value of the claim? £2361.00

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Littlewoods catalogue

 

When did you enter into the original agreement before or after 2007? Before

 

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. Lowells solicitors

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that i know of

 

Why did you cease payments? 2008

 

What was the date of your last payment? Not sure

 

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 managementlink3.gif plan? cant remember

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Responding to your PM

 

Okay that's fine so far but you have not answered:-

 

The date on the summons ?

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

This is the particulars of claim...normally typed into a box on the left hand side of the claim form half way down..tells you what the claim is about and the reason they are claiming.

 

If you could type this out verbatim.

 

Regards

 

Andy


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Is the POC right now or do i need to put more info up? What happens now

 

Do i need to send the claim form back has it has only got 3 days left?

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Irrelevant

 

Andy


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Hi Andy i filled it in above

 

Date of issue – top right hand corner of the claim formlink3.gif – this in order to establish the time line you need to adhere to. 11/01/2016

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

1) The defendant entered into a consumer creditlink3.gif Act 1974 Regulated agreement with shop direct under acc ref XXXXXX (*the agreement)

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with

3) The Agreement was later assigned to the Claimant on 30/11/2009 and notice given to the Defendant

4) Despite repeated requests for payment the sum of £2,015.62 remains due and outstanding

And the Claimant claims

A) The sum of £2,015.62

B) Interest Pursuant to s69 county courts act 1984 at the rate of 8% per annuim from the date of the assignment to the date of issue,

accruing to a daily rate of £0.44, but limited to one year, being £161.25

c) costs

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Is this it?

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Forgive me yes I had not noticed you had edited the above.

 

You have 33 days in total if defending in full 19 days from the date on the claim form (that date being day 1) and a further 14 days to submit your defence.

 

have you acknowledged service yet and stated you wish to defend all?


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Forgive me yes I had not noticed you had edited the above.

 

You have 33 days in total if defending in full 19 days from the date on the claim form (that date being day 1) and a further 14 days to submit your defence.

 

have you acknowledged service yet and stated you wish to defend all?

 

No not yet do i need to do this

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No not yet do i need to do this

 

Must be done by this Friday


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Shall i fill it in to defend all and send it recorded delivery in the morning?

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You can do everything on line using MCOL for free (all the instructions are in the claim pack)...as for whether you are defending all that's your choice and a decision you must make.


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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Ok ill send it in the morning

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You dont send you input it through your computer :lol:


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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Just 1 thing is this dept statue barred?

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Ok

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