Jump to content
  • Tweets

  • Posts

    • So here we are about 8 weeks and approaching 2 months from: (during which failing to even collect 250 spit samples a day  @£500M)   BBC Breakfast - Matt Hancock on coronavirus testing (03Sept20).mp4
    • Good morning,   Thanks for the reply.  This gym involves Legacy Leisure, the gym I use is Rutland Sports Park, though my account is linked to Friesland Sports Centre as that’s where I initially signed up (they have 5 different sites all working as one in this area).  It was a council owned and run gym before they brought in this third party to do it for them (and reduced the quality, but that’s a story for another day).   As suggested I have cancelled the direct debit.  I received another email last night telling me that they would freeze my account for a further 6 months for an ‘admin fee’ of £5 per month.  I will be telling them that’s not good enough.   Apparently I owe them £25 for an admin error on their behalf from about a year or so ago (they mentioned this at the time but said they would look in to it, and never mentioned it again).  I’m happy to pay what I owe outside of this £26 28-days notice fee.   So: what should I do next?   Thanks again,   Sam
    • New head is likely sunaks old goldman sachs boss isnt it?
    • That would have been a good idea, wouldn't it?   I don't know how intimidated the Beeb is by Demonic wanting to reform it.
    • Shame @bbcbreakfast didn't have Marcus on hand to say that straight to handcock on the spot
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Lowell/? claimform - cat 'debt' - not mine.


Please note that this topic has not had any new posts for the last 1558 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

" would this be suitable as no paperwork has ever been received or shown: "

 

No.....does it resemble at all anything you have looked at over the last 2 days on the standard holding defence?

 

Andy

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

Link to post
Share on other sites

my bad i misread; how about this.

 

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

 

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

 

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

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

 

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

 

 

 

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.

 

Paragraph 1 is denied in the particulars of claim. I am not aware of any such home shopping agreement and deny entering into such agreement.

 

Paragraph 2 is denied.I am not aware of any assignment pursuant to the Law of Property Act 1925.

 

Paragraph 3 is denied.I am not aware of receiving a Default Notice nor would be the claimant as an assignee of a debt be aware of either.

I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

 

Notwithstanding the above, requests for information pursuant to the consumer credit Act (section 78) and CPR 31.14 were made.

The requests were sent on 27th May 2016 by Recorded Delivery Post. To date I have received no response or acknowledgement from the claimant’s solicitor.

 

As per civil procedures Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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

 

It is denied with regards to the Defendant owing any alleged monies to Lowell Portfolio.

 

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

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

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.

Edited by Andyorch
Particulars added ..defence tweaked.
Link to post
Share on other sites

Its correct now...just a few edits .

 

Regards

 

Andy

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

Link to post
Share on other sites
Its correct now...just a few edits .

 

Regards

 

Andy

 

should i include the part on red, even though the poc will be visible to the court? is this just makng it simple for them to see my defence?

Link to post
Share on other sites

the red is our ref for you to align paragraphs properly

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... 

 

 

Link to post
Share on other sites
  • 1 month later...
the red is our ref for you to align paragraphs properly

 

Lowells have responded saying that their client intends to proceed and have notified the court, so what happens now.

.. They have none of what I've asked for at all, and have failed to produced anything against my defence.

Link to post
Share on other sites

Let them proceed but without the paperwork they arent getting very far and it will cost them to proceed further

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Link to post
Share on other sites

Lowlifes are hoping you'll fold and give in, wait for any court docs to materialise.

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!

 

 

Link to post
Share on other sites
  • 2 weeks later...

Use our search cag box of the red top toolbar

Lots of dq's here already

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... 

 

 

Link to post
Share on other sites

If one wasnt supplied from the court with the allocation pack, download a form N180 and complete it, always agree to mediation, the rest is self explanatory.

 

When mediation get in touch you will be asked 3 questions, if the answer to any of them is no then mediation will fail.

 

As above, read like threads and it will all become crystal clear

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

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.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Link to post
Share on other sites

they have the pack already

just nothing from the claimant re CCA/CPR.

 

 

did you ever go and check your credit file

just to be sure

it might throw a light?

 

 

we've known various dca phone jockeys to wrongly change an account name

to the spouse before

if you get what I mean

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... 

 

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...