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    • Above the excellent paragraphs that dx has posted up, add   "I did not receive court papers and was therefore unable to defend the claim because from xxxxx to xxxxx I was away from my address due to the recent lockdown.  I was staying with my elderly mother at xxxxx".
    • Received a letter today 07/07/2020 from a collection agency (MIL collections) for an outstanding debt of £215.00 which they claim was owed back in 2016.   I have never had an account with Shell Energy and presume that they are claiming in the capacity of the former company they took over from First Utilty?  I did have an account with first FU in 2016 however I have documentary evidence proving that I paid in full and final settlement. My question is    1. Are they still allowed to chase after 4 years?   2. Is it legal if they are now a different company ?   3. what should I do next if anything?  I have contacted MIL collections (Truro Cornwall) informing them of this to which they seemed very uninterested and tried to pass the buck.   Any comments or suggestions gratefully received.  Thank You
    • By the way – here's a troubling little question: – If the puppy were to be returned to the breeder, the breeder now finds that they have on their hands and unsaleable puppy. What do they do? Put it down? Abandon it to a rescue centre? I think that when people decide to buy designer animals, then they need to reflect on this.   It may become a loving pet to the new owner – but maybe it is simply "goods" to the breeder.
    • Providing the statement (notice) is served within 6 months of the default charge/s....so technically yes  I suppose they could serve notice that way providing that said statements are given promptly ...monthly bi monthly etc.   I really wouldn't be digging too deep into the legislation...keep your claim to a general holistic claim
    • I know that it sounds extraordinary that one could bring a claim for far more than the cost of the goods or the service – but I hope you won't mind me saying that you have misunderstood the purpose of contractual damages. It's all about remedying the breach. This means that if you sue in negligence or some other tort, to remedy the breach you have to put the injured party back into the position that they were in before the breach occurred – so that effectively there is no breach. Contract damages are intended to remedy the breach. This means that you have to put the injured party into the position they would have been had there been no breach. The parties intended that there would be a sale of a dog without any existing defects. The breach of contract was that the dog came with defects. In order to remedy that breach and put the dog into the condition that it should have been – that both contracting parties expected it to be in – in other words with no dental problem, it means that damages will have to be calculated according to the cost of putting that defect right. I know this might sound strange that you could claim such a high amount – and I'm sure that a judge would be very cautious and worried about it but if the level of damages could be properly substantiated then I think the judge would have no option. If you'd like to look at a similar disproportionate level of damages – but which might be more palatable to you, imagine wedding photos. You commission somebody to take photographs of your wedding – and in fact because of some failure by the photographer, none of the photographs come out. The cost of the photographer might have been £500 for the wedding. Are you entitled to claim your £500 back? Yes of course. However does this compensate you for the loss of these photographs which were intended to become a special souvenir of this once-in-a-lifetime experience and which would be circulated to friends and also passed on to children and grandchildren. No, £500 certainly doesn't. Of course assessing the value of lost wedding photographs is going to be very difficult but at the end of the day, a judge will have to come up with a formula. Normally speaking if you sued for loss of wedding photographs then you would have to claim for a sum "not exceeding £X X X – in the discretion of the court". In fact dealing with this puppy is far easier because you are not speculating on the value of the bonding and the irreplaceable nature of the puppy. You are simply coming up with the cost of necessary dental work to put the dog into the condition that it should have been had there been no breach of contract. It's much easier to calculate this loss then it is to calculate the loss of wedding photos – but I will bet anybody who reads this, that you will find it far more acceptable to claim for the sentimental value of lost wedding photographs then you will to claim for the cost of repairing a dog's dental problems.  
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Plouisex

unknown Lowells CCJ for old orange 'debt' prob SB'd

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Hello writing on behalf of my mother she is 61 and took a phone contract out for me years ago and defaulted in 2010.

 

I was about 14 at the time and ran up a bill and my mum was a single parent and couldn't afford to pay it.

 

The debt was originally from orange and has now been removed from her credit report but Lowell have now taken it over 6 years later and added a CCJ to her credit report.

 

 

They have said it will be left on her profile for another 6 years?

 

Is this correct as i have been reading that the debt is cleared of after 6 years.

 

The debt was originally £100 and now it's £500

 

 

is there anyway around this or will we just have to pay it?

 

Thanks

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if the debt was 6yrs old before they issued the claimform

you can get it set aside under statute barring.

 

 

that's will cost £255 mind

unless you can get proof from orange if the last pay/usage via an sar

then present that proof to lowells

they might agree to set aside by consent for free.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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