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    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.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 these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####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 denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted 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 how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
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Lowell/Lowells Solicitors Claim form - old Orange mobile 'debt'***Claim Discontinued***

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today received a letter from lowells Solicitors regarding an outstanding debt to orange

 

I received on prior to Xmas and asked them to supply me with the following

 

Contract/Agreement

Statement of Account showing details and dates of debits and credits

including

payments,

interest and

charges to the account and

the current amount outstanding;

Copy of Default notice,

copy of formal demand;

and where the debt has been sold,

copies of letters from original creditor stating that,

plus letters from current creditor stating that

 

the reply is as follow ,

 

As this is a telecommunication account it is not regulated under the consumer credit act1974 therefore the original creditor is not obliged to provide you with a copy of the agreement.

 

The default notice would have been sent to your address at the revelant time

 

.We have requested a copy of the account statment and will forward this to you upon receipt .

 

We can confirm that the account was taken out on sept 2008 with mobile number -------------- and defaulted on the 15 oct 2013 due to non payment .

 

the last payment was made on March 4th 2013 for the amount of £220.83

 

.Please contact us with suitable repayment plan within 14 days to confirm your prefered method of payment and date from the options located on reverse of this letter

 

.if no response is received a claim form may be issued incurring costs

 

.If you do not respond to the claim we may apply for a CCJ which could impact any future credit applications mortgages or even some employment while it remains unsatified on your credit file.

 

Questions are as follows

 

is there a lawfull request to obtain the original agreement or are they allowed not to disclose this.

 

Also I do not recall ever paying this amount so I will be checking with my bank to verify this .

 

Am I allowed to have the requested items I did ask for.

 

Anyone posssible to help out on this one please.

 

Thanks

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you can request what you like

but sadly theres no consumer credit agreement so you cant force them to disclose

its a request.

 

id be proving that payment and the ones beforehand too.

 

tell us about the contract you signed up too?


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cheers for that

i will contact bank tommorow about that payment

 

 

regarding contract i do not know what contract it was

 

 

surely they have a legal duty to supply you with a copy of their contract or you could be paying for something you didnt ask for or get

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Did you have a mobile phone with Orange/EE?

 

Is what you posted in #1 verbatim as to what you requested from lowlifes?

 

Mobile phone contracts, are simply ''service agreements'' UNLESS (as is the case with O2) they split the service agreement, and give you a handset under a credit agreement.

 

A statement of account, 'should' be sent annually either by the OC or the goons chasing for your hard earned.

 

Most of the other info you requested would need to be sent to the OC under a SAR (£10) which would/should get you the full run down of the account.

 

TBH the response you got from lowlifes is pretty standard, and looks like it hasn't been read by at all, least of all by an adult.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks for last so if i write to orange asking for sar request first off then write to lowlife stating i have sent orange a sar and will contact them as soon as i recieve the sar back after checking it does that sound ok

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thanks for last so if i write to orange asking for sar request first off then write to lowlife stating i have sent orange a sar and will contact them as soon as i recieve the sar back after checking it does that sound ok

 

No just request the DSAR...your not obliged to inform Lowell of anything...the debt has been assigned to them all they have is your name and address and the amount outstanding and who they bought it from.......they dont have or hold any documents.

 

Regards

 

Andy


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thanks for last so if i write to orange asking for sar request first off then write to lowlife stating i have sent orange a sar and will contact them as soon as i recieve the sar back after checking it does that sound ok

 

Yes agreed, you are under absolutely NO legal requirement to inform lowlifes of anything, send of the SAR with a £10 postal order (leave it blank).

The SAR is here http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-**Updated-January-2015**

Obtain ''proof of posting'' as a minimum, if you can afford it, send it by recorded delivery, they have 40 days (calender) in which to comply with your request.

 

Ignore lowlifes, all of their letters are spat out of their computer at regular intervals, writing to them won't do anything to stop that. Just ignore them.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks for that from both of you question do i send it to orange or ee as now known and if so have you an addresss please

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Customer Services

EE

6 Camberwell Way

Sunderland

Tyne and Wear

SR3 3XN

United Kingdom

 

 

I 'think?' that is the address, I pulled it off their website anyhow.

 

Address it to the ''data controller''.

State that it is for an Orange account in the SAR, ignore lowlifes totally.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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update

today again 2 letters in same envelope one from lowells and one from lowells solicitors

one from lowells saying it been passed to their solicitors

and one from their solicitors saying it has not been paid yet reply or leave well alone???

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not a lot you can do really if they are going to issue a claimform no-one can predict really.


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You ''could'' respond with one line,

 

Dear Bill&Ben,

I am awaiting a response from Orange, they have 40 days in which to respond.

Regards.

PRINT NAME.

 

OR, you could just ignore them totally, I know what I'd do, their intimidation techniques are puerile, don't fall for them, they are deliberately designed to get you to contact them and trip yourself up.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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yet another letter from lowlife letter of claim nothing heard from me in 14days then they will commence cc action any advice please:-(

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no read it properly

bet it doesnt say WILL anywhere


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we have not heard from you regarding your orange account and are instructed by our client, Lowell Portfolio to commence legal action and issue a claim against you in county court bulk centre in respect of this debt

 

you must contact us to make arragments to pay within the next 14 days or a claim WILL be issued without further notice to you.

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well that's the pot luck letter I mentioned they might send.

 

you could get a claimform you might not.

 

theres no way of knowing.

 

but if the debt is mainly termination fees etc they'll get no where

 

did you ring ornage and check you were making payment till 2013 like lowlife claim?


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sorry for the late reply

 

I did check with bank

yes there was a payment made for the sum by direct debit

 

as this is my wifes bank account she cancelled it as it was always the same

however what i dont understand i have asked her this and she also says the same she had only one phone and that was a contract phone :mad2:

 

 

she does not think there was anything else involved but the price seems very steep for one contract phone

 

I have not phoned orange but have sent them a sar and awating this back question regarding sar what will that show?????:?::?::?:

 

delivered 25 jan signed for

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SAR will show you everything, all transactions, payments, bills, charges and will show you how the figure lowlifes state, has been made up.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks for that

 

wondering why i am getting this mail straight after each other

 

i wonder if ee have told them i asked for sar to try and get it to court before i can see what what:?::?::?::?:

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or before it hits the shredder...

 

I doubt EE would be telling the DCA anything about your SAR

they wouldn't be the least be interested or involved in any court cases


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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wondering why i am getting this mail straight after each other

 

Because it is spat out by a computer, it doesn't know or care, what you are doing, least of all asking for a SAR.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hi

just received the sar from orange ee

 

the debt to lowells is debt of air time 639.13

and contract charges of 1579.23

 

a load of other documents also found out my wife had 2 of my kids on account:x:-x

this is so confusing

 

what do i need to look at

 

ee states that they do not hold any original signed documents

 

that these original documents are no longer available

 

any advice please

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Air time being what you used? £693.13....

 

Contract charges £1579.23 how is this figure made up?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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sorry for beign dum but i have a shred of idea i dont think i would have used 693.13 i take it that the contract charges are for the reminder of the contract would it say where these charges are

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I completely agree, so what is that figure they're claiming you owe??

 

IF it is indeed the ''remainder of the contract'' that they have added on, then it is a service they didn't supply, as you never used it, so you're not liable to pay this, you had no use of it.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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