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    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
    • The car finance firm, owned by Provident Financial, voluntarily handed the money to all 5,933 customers potentially affected by the breaches, which occurred between April 1, 2014 and October 4, 2017. It was also fined £2.77m by the Financial Conduct Authority for the way it behaved. The FCA said Moneybarn's actions meant more than 1,400 customers, many of whom were vulnerable, defaulted on their loans after entering into 'unsustainable short-term repayment plans'. This meant that they were punished with extra fees and charges, which many could not afford. https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html   dx  
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Rich44

Lowell/lowell sols claimform - old Cap One debt

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Hi all

 

A couple of years ago I left my work after being diagnosed with 2 neurological illnesses,

this meant I could no longer work and am now on a long (3 year) ESA award

and am awaiting a PIP assessment in a couple of weeks (thats another story sigh)

 

I owed £300-400 to Capital One and due to the illness, depression, hospital stays

and lack of money I just stuck my head in the ground and ignored everything.

 

Today court papers arrived from Lowells (attached)

apart from filling them in online what else do I do here?

The debt is only 2 years or so old

so not statute barred and probably half of it is fees and interest

I think as the original debt wasn't that high.

 

Thanks for the help

lowell county court.jpg

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We need more info on the debt please. Lowell love to litigate on pretty much any debt. have you sent a CCA request?


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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We need more info on the debt please. Lowell love to litigate on pretty much any debt. have you sent a CCA request?

 

No not yet, this only came this afternoon. So CCA them next then? Is there time for that?

 

What else do you need to know?

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Sit tight and wait for better advice.

 

 

Youll need to cca the Claimant, and CPR the sols.

 

 

Help will be around soon,

 

 

for now, just log into mcol online,

 

 

acknowledge reciept of the claim,

uncheck contest jurisdiction and exit mcol.

 

 

That will give y ou more time to do research and file a defence.


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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please don't hit Quote...just type we know what we said earlier..

 

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Name of the Claimant ? Lowell portfolio I ltd

 

Date of issue 16th June

 

What is the claim for –

 

1) the defendant entered into a consumer credit act 1974 regulated agreement with capital one under ref xxxx

2) the defendant failed to maintain the required payments & a default notice was served & not complied with

3)the agreement was later assigned to claimant on 24/06/2015 and notice given to defendant

4)despite repeated requests for payment the sum of £620 remains due & outstanding.

A) the said sum of £620

B) interest pursuant to s69 County courts act 1984 at the rate of 8% per annum from date of assignment to date of issue accusing at a daily rate of £0.14 but limited to one year being £50

C) costs

What is the value of the claim? £800

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

 

When did you enter into the original agreement before or after 2007? 2013

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. Issued by lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I don't remember getting the default notice more assignment BUT my memory is not great part of my illnesses

 

Did you receive a Default Notice from the original creditor? Don't think so

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Left employment as very ill currently only received income based ESA

 

What was the date of your last payment? Late 2014

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 management No

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if I were to be honest

this could get sticky

and you might well have to conclude that a tomlin/consent

might be the best way out of getting a CCJ ,

if you cant sting that killing credit for the next 6yrs

as paperwork issued can be overcome by them producing a recon agreement.

i'd guess you signed up for this online?

 

 

anyway

process thru the std procedure for now.

 

 

ack [AOS] the claim on the mcol website

and get

a CCA request running to the claimant

and

a CRP 31:14 running to the sols.

 

 

don't sign anything

leave the £1PO blank and uncrossed.

 

 

dx

 

 

let make them play their cards.


please don't hit Quote...just type we know what we said earlier..

 

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Ok will get that in the post for tomorrow & get onto mcol

 

Thanks very much and yes signed up online

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Ok all of the above done just got to get a PO and everything is in the post. I've also acknowledged the claim online at MCOL

 

So presumably I just wait now then?

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and read like threads


please don't hit Quote...just type we know what we said earlier..

 

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