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    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
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Lowell/? claimform - cat 'debt' - not mine.


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hi there,

 

ive received papers from the county court business centre for a debt i do not own, never owned or even acknowledged, how do i defend this?

 

do i need to CCA request lowell? if so i presume its a template letter, which one?

 

what do i enter in the defence or do i leave it blank and await details? ive acknowledged via mcol so hae more time, any advice needed please.

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Hi there

 

In order ot help others help you please visit this link below and put the answers to the questions here.

 

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

 

 

please follow the cpr and cca guidelines there also

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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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Defend in full, and simply state you have no knowledge of this.

 

Does anything show on your credit file?

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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Also as court papers have been recieved this thread will now be moved to financial legal forum. This is an admin move so you do not need to do anything

 

Regards

SS

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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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For your defence, you have to follow a specific format. Dont just put " i dont know about this debt".

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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Once you have completed the link I sent to you, do as advised above, log into MCOL and acknowledge the service and defend all. Leave jurisdiction unchecked.

This gives you 33 days including the date of the claim form to file a defence. Have a look around the forum, especially the Financial Success Forum threads.

 

When you are ready draft a defence here and people can review it for you.

 

Just work out the deadline to lodge the defence so you dont miss it.

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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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Claimant: Lowells

 

 

Date of issue – 10th may 2016

What is the claim for –

 

1.the claimants claim is for the sum of 359.00 for monies due from the defendant to the claimant

under a home shopping agreement regulated by the consumer credit act 1974,

between the defendant and jd williams and co limited. under acct ref xxxxx

and assigned to the claimant on 31st march 2014, notice of which has been given to the defendant.

 

2.the defendant failed to maintain under the terms of the agreement

and a default notice has been served and not complied with.

 

3.the claim also includes statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8% pa a daily rate of 8p from the date of the assignment of the agreement

to 31st march 2015 being an amount of £29.28.

What is the value of the claim? £473.90

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? JD williams Catalogue

 

When did you enter into the original agreement before or after 2007? if i did it would be after 2007

 

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. Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment? never had notice of assignment

 

Did you receive a Default Notice from the original creditor? never had any communication from JD WIlliams

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? never had one

 

Why did you cease payments? ive never made any,

What was the date of your last payment? n/a never made one

Was there a dispute with the original creditor that remains unresolved? i never opened this account, its not mine

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? n/a

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Did your Husband somehow take out an account in your name ?

 

Have you checked your credit record to see if this debt is showing ? Might be an idea.

We could do with some help from you.

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So, if you havent already done so, next step is CCA to Lowells

 

Cpr 31:14 to the solicitors

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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no, weve had this conversation, he still has a JD account in his name in good stead, so im baffled by all this really

 

Check your credit record to see if Lowell have added this debt against your name. Lowells have made mistakes previously by issuing court claims with the wrong details, so check for any other debts on your record.

 

You might as well send Lowell a CCA request, but amend the letter to state that you do not know anything about any JD Williams account they are chasing.

We could do with some help from you.

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in terms of Defence for MCOL, can someone point me in the right direction of a thread, they all look so confusing

 

You need to acknowledge the claim first.

 

Don't be too eager to complete the defence. You will get advice.

 

Check your credit record !

 

Send off the CCA request to Lowells and the CPR request to the legal people dealing with this on behalf of Lowell.

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

 

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

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ive acknowledged the claim today on MCOL tating i will defend.

 

CCA going out tomorrow with the CPR to the solicitors

 

do i wait now? and do nothing.

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Once you have acknowledged that you will defend and have sent the letters you have a bit of time before you need to enter your defence. You might or might not get a response to the letters sent. They might respond saying they have made a mistake or cannot get hold of the CCA.

 

Remember the timeline

 

Date of issue – 10th may 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

We could do with some help from you.

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urm you say you've never had JDW account

but you had 2 here.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?429958-Cabot-Court-form-2-cat-debts

could they have sold them on after the failed claim above

do the account numbers match between the claimforms?

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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Naxxas...just to clarify...are you the husband (as per the above thread)...as you blame your wife...in this thread your the wife of that ex husband ?

 

Andy

We could do with some help from you.

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

 

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:lol::lol::lol:

 

yep got me thinking..gave up..

 

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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type in

cat claimform

 

in the search cag of the redtoolbar

 

any std holding/no paperwork one will do

but aligned to their poc para numbers

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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would this be suitble as no paperwork has ever been recieved or shown:

 

The Defendant neither deny nor admit to any indebtedness to the claimant.

 

The Defendant sent the claimant a CPR31.14 request for the original signed agreement and default notice relied upon in the Particulars of the Claim.

 

The claimant received the CPR31.14 request on the xx/xx/xx by recorded delivery.

 

As of the xx/xx/xx the claimant has not supplied the requested documents, the claimant has given no good reason or any reason at all to the defendant for this failure to comply with the defendant's legal rights of entitlement to inspect the documents that the claimant's claim is to rely on.

 

The Defendant asserts that the Pre - Action conduct of the claimant is unacceptable and feels as though the claimant is trying to frustrate proceedings with this Non-Compliance attitude towards Practice Direction.

 

The Defendant has not been provided with copies of the documents mentioned in the Particulars of Claim, which were requested in the CPR31.14, including the Notice of Assignment, which would prove the Claimant's right to bring this action.

The conduct of the claimant is denying the Defendant the right to submit a full defence and as the action stands at the present time, the Defendant is somewhat confused and unsure as to exactly what the claimant's claim is for, the Defendant is unable to file a full defence as a direct result of the claimants negative Pre - Action Conduct.

 

The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of seven (7) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's further failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

 

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned,furthermore, the defendant states to the court, that if the claimant does so indeed disclose the requested documents within the time limit of the further seven (7) days to the defendant, then the defendant requests that the court provide the defendant with directions that inform the defendant of the time scale that the court shall allow the defendant to file/submit the full or amended defence to this action.

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