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    • Beware using the word "mitigating". That is only if you're admitting it and asking them to be lenient because x,y,z or whatever.   You are not admitting it so there can't be anything to mitigate something you didn't do.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   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. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
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They work on fear & intimidation hoping that you know nothing and will succumb to their demands. Really they have no powers unless of course they have seized goods which then does give them the upper hand. All the while you deny them this leaves you in control and if they want to get something out of it they would do well to listen to what you have to say or offer. If you can then you should try & record any calls and/or visits - you do not have to tell them what you are doing.


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Correct me if im wrong here.

 

 

After reading replies to this comment and researching on other forums,

unless they gain access to your home in the correct way

or any outbuilding such as a garage,

they cant take anything?

 

 

But if its left outside eg.your car they can then take that?

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Ive just listened back to the recording of my call with the HCEO and he says I have 24-48 hours to sort it out before they come back and start seizing my assets

 

As Plodder said, if they cannot get in, they cannot seize anything. Beware of vehicles as these would be a prime target.

 

They can't force entry without first having gained peaceful entry, so it really is a case of keep everything locked, vehicles out of the way and ignore them entirely, even if they are hammering at the door shouting they know you're inside. That does not mean you are under any obligation whatsoever to allow them in - don't!

 

Yes, items outside, especially vehicles are, as stated, a prime target.

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Correct me if im wrong here. After reading replies to this comment and researching on other forums, unless they gain access to your home in the correct way or any outbuilding such as a garage, they cant take anything? But if its left outside eg.your car they can then take that?

Correct, but if the car is worthless they would be silly to Take Control of it, but make sure sheds are secured and nothing of value is in them. A patio heater and high quality garden furniture would be a target for example.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I have an 03 plate ford which is worth not a lot. If they were to get into my garden they could happily take away my starting to rust table.

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Correct me if im wrong here. After reading replies to this comment and researching on other forums, unless they gain access to your home in the correct way or any outbuilding such as a garage, they cant take anything? But if its left outside eg.your car they can then take that?

 

For a residential property they must gain entry by peaceful means only

but if you have any detached buildings on site then forced entry may be made to these

if it is believed there are goods inside that may help satisfy the debt.

 

 

If the garage is attached to the main residence then it is protected

- but make sure it is locked correctly.

Any goods lying loose are at risk of seizure - car, bike, bbq equipment & good garden furniture etc.

In the past Bailiffs have even seized doormats but that is all in the past now.

 

 

One word of caution though is that there is provision within the Regulations that allow an Agent

to apply to the Court for forced entry

- but this mainly for those that show trappings of wealth who have chosen to ignore demands for payment

- so if you have a Rolex on each wrist & have left the Bentley outside j

ust make sure you watch what happens from one of your 10 bedroom mansion windows.


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Ploddertom nailed it.


We could do with some help from you.

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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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Are they likely to apply for forced entry in my case?

 

 

Just for the record i dont own 1 let alone 2 rolexes.

 

 

Sometimes my neighbour comes home in a Bentley but only because he works there,

and my 3 bed house sadly isnt anything that screams wealth.

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Are they likely to apply for forced entry in my case? Just for the record i dont own 1 let alone 2 rolexes. Sometimes my neighbour comes home in a Bentley but only because he works there, and my 3 bed house sadly isnt anything that screams wealth.

 

If the Bentley is there and the HCEO tries to seize it he might well run away when the Third Party claim goes in.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Are they likely to apply for forced entry in my case? No - although they may threaten to do so.

 

 

Just for the record i dont own 1 let alone 2 rolexes. Just tell them you are dyslexic and cannot even spell it. (Apologies to those that suffer from this condition but just trying to bring a little light hearted humour to the problem)

 

 

Sometimes my neighbour comes home in a Bentley but only because he works there, - must be nice for him to have a choice -

and my 3 bed house sadly isnt anything that screams wealth.

 

Just so you are aware - Enforcement Co's often read these forums to glean any further info, in your case I wouldn't worry as they are obviously on to a loser. If they were not so greedy in the first place then more folks might engage with them.


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Ill be moving my car as of tomorrow evening

 

You could park your car on a neighbours drive or in a private car park as it cannot then be touched.


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