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Lowell claim form - old Shop Direct CAT 'DEBT'***Claim Struck Out***


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no need for that yet

lets check a few things first please

 

can you fill this out please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

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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Name of the Claimant: Lowell Portfolio

Date of issue: 1/11/16

 

acknowledge date 19/11/16

 

defence date 2/12/16 [by 4pm]

What is the claim for:

 

1.The claimants claim is for the sum of £460 being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer credit act 1974 between the defendant and shop direct finance company limited under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

2.The defendant failed to maintain the contractual payment 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 sectiom 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.10 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £36.60.

 

What is the value of the claim? £634.71 including fees

 

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

 

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. Debt purchaser

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

Did you receive a Default Notice from the original creditor? Yes

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

Why did you cease payments? In 2012

What was the date of your last payment? 2012

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

A complaint via the financial ombudsman service was made to remove the default from my credit file,

however the complaint was not upheld.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

 

Yes i did at the time i had the account, minimum payments were required and i was on job seekers allowance and could not make the payments. This was also highlighted in my case with the financial ombudsman service. No debt management plan

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thank you

 

pop up on the mcol website

acknowledge the claim

defend all

leave jurisdiction untick

 

get a CCA request running to the claimant

get a CPR 31:14 running to the solicitors

 

don't sign anything

leave the £1PO blank and uncrossed.

 

note your revised defence filing date above.

 

what was your grumble about the default

why did you think it was wrong?

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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Hi,

 

Thank you for your help i appreciate it.

 

I would rather just pay the amount that i owe, i dont really want to take things any further.

 

From what you adviced me to do in your previous post is this the only way to pay what i owe minus the court and solicitor fees?

 

I purchased items on the account on a buy now pay later basis and them they took it off a few weeks later.

 

I was left making minimum payments which i couldnt afford as i wasnt working.

 

The financial ombudsman service agreed with my side at first but shop direct had something in their terms and conditions which went againt me and put them in a position they were not at fault.

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doesnt work like that sadly now they've issued the claim.

 

they can claim the fees.

 

IMHO i'd let this run

 

we've seen numerous cases on CAT debts whereby they don't progress and get stayed and it costs you nowt.

 

you can resolve this without a CCJ later in the process and pay by a tomlin/consent order

if that's your worry

morality does not enter into anything anymore

esp DCA's!!

 

 

they don't care

its a speculative claim anyway

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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Hi,

 

Could you explain a little further on what you mean by you have seen cases that dont progress and get stayed,

do you mean the dca no longer pursue the debt?

 

My concern is i have the one default on my credit file and my plan was to pay the debt and just keep writing letters to shop direct to remove the default and highlight my case,

i know this is a long shot but worth a try.

 

If the case is stayed i am assuming the debt stll remains and in shop direct eyes an unpaid debt.

 

we've seen numerous cases on CAT debts whereby they don't progress and get stayed and it costs you nowt.

 

I am hoping i can negotiate with the dca to accept the original amount

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you're a bit green

and that's why you've come to cag

 

but it would help your case to have a read of a few like threads

and you'll need to do that anyway as the claim progresses...

 

Hi,

 

Could you explain a little further on what you mean by you have seen cases that dont progress and get stayed,

do you mean the dca no longer pursue the debt?

 

- the DCA has done what all debt buyers do and that's issue a speculative claim hoping you'll ignore that too and the get a default rubberstamped 'win' where nothing is checked because you didn't defend all.

regardless to IF you do [morally] owe the money, you have to ask yourself this question-

WHY did a multi-national company with numerous catalogue names like shop direct

and with 100'000's of customers SELL your 'debt' ON? why did THEY not take me to court and crush me

 

My concern is i have the one default on my credit file and my plan was to pay the debt and just keep writing letters to shop direct to remove the default and highlight my case,

i know this is a long shot but worth a try.

Won't work they've sold the debt on

 

If the case is stayed i am assuming the debt stll remains and in shop direct eyes an unpaid debt.

- as above its nothing to do with shop direct anymore the default is there for6yrs regardless to what you do.

 

we've seen numerous cases on CAT debts whereby they don't progress and get stayed and it costs you nowt.

 

I am hoping i can negotiate with the dca to accept the original amount

 

Nope won't happen so don't converse directly at this stage

 

Get the ack done

And CCA/cpr done

 

You prob don't owe anything

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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more later

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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As DX says, let this run for now. Potentially it may get stayed and they may not proceed. If you just make an offer to pay they will probably hold out for the full amount and refuse your proposal anyway.

 

It may be however that once you start making them work and even IF you don't want to see this go as far as Court, there is an opportunity for mediation whereby you can make a binding offer to either settle (and probably for much less than they are claiming) in a one off payment or by instalments. Don't forget that the amount being claimed even before the court costs are included, will include penalty default charges - lots of them - and you may not even owe them the original default balance. Lowell will have bought this for peanuts - why give them the satisfaction of a huge profit?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Earlier post updated with more info

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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Have you been on mcol as advised initially?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Click Here To Make A Donation

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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all done then

just need to read like threads now

don't whatever you do don't missed your defence

 

defence due 2/12/16 [by 4pm]

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

  • 3 weeks later...

Hi All,

 

An update on my case. I received a letter from the solicitors which reads:

 

We note your request for documents relating to the above debts and advise we have referred your request to our client. Our client may have to refer your request to your original creditors. Accordingly the documentation will be forwarded to you upon receipt.

 

We will seek to ensure that the information you have requested is provided, however this is contingent on receiving the documentation from your original creditor within the aforementioned timescale.

 

Is there anything that i should do in response to the letter? I am still waiting to hear back from Lowell.

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Just make sure that you file a defence (a holding one based on the lack of response to a request for documents if necessary) by the deadline

 

I am still waiting for some documents to be provided 6 months after requesting them yet Lowell have continued with the claim and we are now at the hearing stage!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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Search your thread title in the red cag search bar, for a no paperwork/holding defence, edit it to match the PoC from your claimform.

Post it up to thread for approval but make sure its filed on time with the court

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Hi All,

 

Please see my defense below, i have created a word document with exaclty what i listed below.

 

 

1.The claimants claim is for the sum of £460 being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer creditlink3.gif act 1974 between the defendant and shop direct finance company limited under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

2.The defendant failed to maintain the contractual payment 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 sectiom 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.10 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £36.60.

 

 

IN THE county court

 

*BUSINESS CENTRE

Case No

(NAME) - Claimant

VS

(NAME) – Defendant

 

Defence Statement

 

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.

 

The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

 

The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

 

On receipt of this claim the Defendant requested information pertaining to this claim from BW Legal by way of a CPR 31.14. To date I have yet to receive a compliant response.

 

The Defendant requested information pertaining to this claim from Lowell Portfolio 1 LTD by way of a Section 78 request. To date I have yet to receive a response complying with the request.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a) Show and disclose how the Defendant has entered into an agreement; and

 

(b) Show and disclose how the Claimant has reached the amount claimed for;

 

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

 

As per Civil Procedures Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

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 credit Act 1974.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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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.

.

Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

.

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

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

 

or

1.The claim is for the sum of £398.82 due by the defendant under a non-regulated Shop Direct account with an account ref of ******

2.The defendant failed to maintain contractual payments required under the terms of the account agreement.

3.The debt was legally assigned to the claimant on 28/Aug/2015, notice of which has been given to the defendant.

The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of proceedings in the sum of £31.91

The claimant claims the sum of £450.73

 

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 in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant.It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.

2. Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

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

Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

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

(b) show and evidence the nature of any breach by way of a Default Notice

© show how the Defendant has reached the amount claimed for; and

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

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

5. 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 consumer crediticon Act 1974.

6. On the 8th November 2016 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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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Hi,

 

I have updated my defense, please see below and let me know if there is anything that needs to be amended. I have a couple of questions so i would gratefull if you could help.

 

1) In post 19, do i need to add the section highlighted in red into my defense?

2) Do i need to sign and date my defense at the bottom?

3) Can i submit my defense through mcol? If yes should i submit a word or pdf copy?

 

1.The claimants claim is for the sum of £460 being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer creditlink3.gif act 1974 between the defendant and shop direct finance company limited under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

2.The defendant failed to maintain the contractual payment 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 sectiom 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.10 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £36.60.

 

 

IN THE county court

 

*BUSINESS CENTRE

Case No

(NAME) - Claimant

VS

(NAME) – Defendant

 

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 Shop Direct Finance Company but do not recognise the account number referred to by the claimant.

Furthermore which is denied,I am unaware of any legal assignment or Notice of Assignment allegedly served over X years ago.

 

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

 

3 On the 07/11/2016 (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.

 

4 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; and

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

© Show and evidence any breach and service of a default Notice which it refers to in their particulars;

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

 

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

 

6 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 credit Act 1974.

 

7 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
edited
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urm ...the red bit i'm inserting is what you need to align your replies too.

 

so your 3 is referring to?? p'haps need merging with your No.1.?

 

so you need now to answer their para 2.

 

 

as for filing it when andyorch has agreed it

 

you use a text based program like notepad

or simply copy and paste from the approved cag msg

as its a text box like here you fill in.

 

you don't need to file the red bit no.

 

yes you file on MCOL as you did the acknowledgement.

 

nor the bit above and including the word defence either.

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

Hi,

 

How about the below, this is the one andy recommended, i have edited to suit.

 

 

1.The claimants claim is for the sum of £460 being monies due from the defendant to the claimant under a home shopping agreement regulated by the consumer creditlink3.gif act 1974 between the defendant and shop direct finance company limited under account reference xxxxx and assigned to the claimant on xx/xx/xxxx notice of which has been given to the defendant.

2.The defendant failed to maintain the contractual payment 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 sectiom 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of £0.10 from the date of assignment of the agreement to xx/xx/xxxx being an amount of £36.60.

 

 

IN THE county courticon

 

*BUSINESS CENTRE

Case No

(NAME) - Claimant

VSicon

(NAME) – Defendant

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 in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant.It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.

 

2. Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

 

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

 

Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

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

(b) show and evidence the nature of any breach by way of a Default Notice

© show how the Defendant has reached the amount claimed for; and

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

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

5. 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 consumer crediticon Act 1974.

6. On the 7th November 2016 I made a legal request by way of a CPR 31.14 request and a Section 78 request to the Claimant. The Claimant has failed to comply and therefore is in default of this request and as such is forbidden to request any relief until such compliance.

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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??? their para 3 does not mention the NOA why does your no.3 do so?

 

as I said merge your response to that with your no.1. [as NOA IS mentioned in their para 1!]

 

also its says regulated agreement , [remove the blue bit in your no.1.]

 

you need to align your response to each of their paragraphs.

 

 

the blue bit is not needed above the word defence either

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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Defence in post# 21 tweaked/edited and realigned :yo:

 

Regards

 

Andy

We could do with some help from you.

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