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Lowells/? claimform - old Shop Direct CAt debt


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Name of the Claimant ? Lowells

 

Date of issue –28/09/16

 

What is the claim for –.

 

1.the defendant entered an agreement consumer credit act 1974 with shop direct

the defendant failed to maintain the required payments and a default notice was served and not complied with

the agreement was later assigned to claimant on 11/12/15 and notice given to the defendant

2.despite repeated requests for pyment the sum of remain due and out standing

the claimant claims 979

interest to s69 county courts act 1984 at rate of 8% per annum from date of assignment to date of issues accruing daily rate of 0.215 but limited to 1 year being 62.48

plus cost

What is the value of the claim? 1192

 

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

 

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

Lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? not sure

 

Did you receive a Default Notice from the original creditor? not sure as everything is online statements nothing comes through on paper

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? ?

 

Why did you cease payments? was on a buy now pay a year later

 

What was the date of your last payment? September

 

Was there a dispute with the original creditor that remains unresolved? ?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? never got anything paper from them

 

 

any help appreciated going to look at further thread to get advise on what to send

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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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what?

 

 

no

can you fill that link out please so we have the CORRECT info to be able to advise you properly

no need to do anything other than that yet.

 

 

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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I thought my first post was the q& a in that link that was the first place i looked and the details are the same as in post number 1

 

is there something im missing here

 

No your not Copier...you have already done the link.....DX has just nipped out to Specsavers :-)

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 OTHER

 

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

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Sorry about that copier

Still only seeing up to red 1192 on the tablet

Won't refresh

 

OK

Moving on then...

 

Acknowledge the claim on mcol website

Defend all

Leave jurisdiction unticked

 

Cca request to the claimant

CPR 31:14 to the solicitor s

 

Don't sign anything

Leave the £1PO blank and uncrossed

 

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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  • 1 month later...

Update

received letter back on 22nd with a copy of notice of assignment

default notice and they requested my cca with original creditor

 

then a letter saying they have requested the cca and account is on hold until they receive a response

 

today I have a letter saying I have failed to respond

all has been acknowledged on mc online and they will issue procedings if I don't respond by the 18th

 

no cca yet and as I said all acknowledged online

have I missed anything?

Tia

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You needed to file a defence weeks ago!!

 

33 days from the date of the claim..opps.!

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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Share on other sites

Sorry too late to edit that should say no default notice or cca

as taken from the letter

 

we have requested that the original creditor provide us with a copy of default notice and statement of agreement

 

What now then there letter said we have requested the original and is on hold until they receive the response

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Log into MCOL and see if it will allow you to enter a defence...LOwell may not have requested judgment yet.

 

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 OTHER

 

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

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

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looks like the OP did acknowledge the claim from post 11

 

 

MCOL often has issues at the w/end so it might not be you

 

 

here is a defence:

Here is a recent Cat defence that Andyorch drafted for another poster

which was successful in the claim remaining stayed.

.

You will have to edit slightly to suit and add your requests for CCA /CPR ect.....

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

.

Defence

.

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.

.

1 .Paragraph 1 is noted. I have had an agreement in the past with [enter original creditor] but do not recognise the account number referred to by the claimant.

.

2 .Paragraph 2 is denied I have never received any Default Notice from the original creditor nor the claimant

.

3 .Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

.

On the DD/MM/YYYY ( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR and remains in default of the section 78 request.

.

3.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

.

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

.

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

.

5.On the alternative, if 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 crediticon Act 1974.

.

6.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.

.

Regards

.

Andy

***************

 

 

adapt it to your POC

and then post it back here for checking

 

 

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

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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Ok so now i contant them and offer payment?

 

 

no never ever do that!!

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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