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    • I Know I will get flamed for this , but for once time only I am with MET . The so called  “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason  , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel  if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
    • I'm afraid that standing on principles almost always involves a bit of risk. I hadn't noticed the case that you have referred to – and our site team member @Andyorch has already commented on it that there is a lottery in so far as judges are concerned. I haven't seen the claim form and I don't know precisely how it was argued in court. I feel very strongly that the decision is wrong because it effectively allows contractual terms to overcome statutory rights – and this has to be in error. Whatever the case, it is most likely that Hermes will simply put their hands up and pay you out and if you had claimed 5 pounds more they would have done the same. Even if they had gone to court, your chances of winning on a claim for the £25 would be better than 95% and the worst you might have expected would have been for the court to refuse to award you the extra 4 pounds and simply to give you the £25. I think that Hermes and the other courier companies rely on the fact that their customers don't have sufficient confidence to refuse to pay for the extra insurance. Clearly this is something which needs to be tested at a reasonably within the court structure but of course this is most unlikely to happen given the value of claims. I was sorry to see that your original reason for not claiming the full value was that   I asked you to post up your claim form. I think it will be helpful if you did that.
    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. 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 and evidence any cause of action and service of a Default Notice or termination notice; and © 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;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. 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 the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
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mystirio

Lowell/Lowells Solicitors Claim form - old Orange mobile 'debt'***Claim Discontinued***

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Thank you

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thanks fort that found some interestng links there cheers

 

il put my defence up tommorow night

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yea stick to cag...

 

debt is mainly termination charges running to supposed end of term..

 

its in several defences at the end ish..one of those ones

 

not due till/by 4pm 31st

no rush


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this is the cpr i sent is it ok will add my response to their claim later on

[template removed

please read what it says on the 1st line of the template- dx]

 

and my defence

bet it is all wrong but let me n Particulars of the Claim

 

1.The defendant entered into an agreement with orange under account ref xxxxx (the Agreement).

2.The defendant failed to maintain the required payment and the service was terminated.

3.The Agreement was later assigned to the Claimant on the 19/06/2014 and notice given to the defendant.Despite repeated request for payment the sum of £xxxxxx remains due and outstanding.

 

And the claimant claims

a)The said sum of xxxxxx

b)Interest pursuant to s69 of the County Courts act 1984at the rate of 8% per annum from the date of assignment to the date of issue of these accuring a daily rate of xxxx but limited to one year,being xxxxx

c) Costs

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.

 

 

Paragraph 1 is denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

 

 

Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of the termination/ assignment/breach/balance as requested by CPR 31.14 on the XX March2017 as acknowledged by the letter received on the xxMarch by the Claimants Solicitors. The Claimant is put to strict proof to: (Question here they have supplied me with the copy of the assignment do I leave it or remove it marked red I have added termination notice)

 

Paragraph 3 is denied. The Defendant does not recall receiving notice of the debt being legally assigned to the Claimant. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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

 

 

Alternatively, 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 Act 1974.

 

Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

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.

 

I believe the facts stated in this claim are true

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You cant deny entering the agreement..there are 3 pages here that state otherwise ?

 

Just because the claimant has or cant disclose any agreement is not a reason to deny entering into the agreement.


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would this be a better line to take

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

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why not use the alternative..I have in the past had financial dealing with..but do not recognise this particular account

 

look at OTHER defences too, you can mix n match lines


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Not really...the claimant is not at liberty to disclose any documents until after you submit a defence.

 

The process....

 

Claim

 

Defence

 

Allocation

 

Disclosure and evidence.


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paragraph 1 i have had financial dealings with orange in the past however i cannot recall this account(agreement) and as yet the claimant has yet to supply me with a copy of the Account/Agreement mentioned in Paticulars of claim

 

does this sound better not very good on this sorry

 

thanks andy i will study the other cases and work a plan out

 

can i ask a question regarding documents if i was to recieve a letter of assigment from orange as the copy i have here would it not be on offical orange headed paper and secondly would the person who signed it in unreadable form put his printed name and tile of job down on it I AM not for one minute thinking someone else has done this

 

trying again

 

1.The defendant entered into an agreement with orangelink3.gif under account ref xxxxx (the Agreement).

2.The defendant failed to maintain the required payment and the service was terminated.

3.The Agreement was later assigned to the Claimant on the xxxxxxxand notice given to the defendant. Despite repeated request for payment the sum of £xxxxxx remains due and outstanding.

 

And the claimant claims

a)The said sum of xxxxxx

b)Interest pursuant to s69 of the County Courts act 1984at the rate of 8% per annum from the date of assignment to the date of issue of these accruing a daily rate of xxxx but limited to one year,being xxxxx

c) Costs

 

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. It is agreed that a relationship did exist between the Defendant and Orange however, I cannot recall this account (Agreement) and has yet to supply me with a copy of the Account/Agreement mentioned in particulars of Claim.
  2. The defendant denies being served with notice of termination of service.
  3. The defendant is unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1).
     
    Therefore the defendant denies owing any money to the Claimant and the claimant is put to strict proof ,

 

  1. Show how the Defendant has entered into an Agreement.
  2. Show how the Defendant has reached the amount claimed for.
  3. Show how the Claimant has legal right ,either under statue or equity to issue a claim.
  4. Put to strict proof to provided in writing signed by the assignor at time of alleged Assignment.

As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

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 1925.

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I wold remove all formatting

else it wont copy over properly to mcol

do it in a text based program not word.


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does it look ok

 

revised as for claim form

 

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 accepted insofar that a relationship did exist between the Defendant and orange however, I cannot recall this account (Agreement) and has yet to supply me with a copy of the Account/Agreement mentioned in particulars of Claim.

 

2.Paragraph 3 is denied .The defendant is unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1).

 

3.Therefore the defendant denies owing any money to the Claimant and the claimant is put to strict proof ,

 

Show how the Defendant has entered into an Agreement.

Show how the Defendant has reached the amount claimed for.

Show how the Claimant has legal right ,either under statue 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; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

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 1925.

 

6.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

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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Remove ....." .The defendant denies being served with notice of termination of service." there is no such notice...rest is fine...or will be once I put the conclusion/ending back you have removed.


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thanks andy il do it tommorow knackered long long day

 

thanks for your help much appreciated

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Already done it for you...your defence in post #60 is now ready


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thank you so much for helping me out do you recommend writing defence now on mcol or wait nearer date

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Not due till Friday week


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dx/ andy

was going to submit my defence today looking through it one more time my defence states that they have not provided such documentations they did send an assigment paper however it is a vauge one which unreadable signature and not even headed paper do i still carry on as per defence???

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Yes..then they will have to provide a further one as directed by the court


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letter received from the courts stating that they acknowledge the defence and it has been passed to low life what do you reckon on next step from lowlugs?

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No idea

They have 33 days


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today received letter from lowell regarding claim and requesting meditation what advice regarding this please

 

also on the same note 3 phone calls to my mobile for which i could not answer as i was drivng however found out they were from lowells do i ignore or answer these if i get them again

 

regarding my debts been in touch with nat debt line they recommend that i would be eligible to apply for dro advice on this one as well

 

thanks

Edited by dx100uk

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not been reading other threads yet then to get an idea on how things progress....

 

you DO NOT EVER ring or speak to a fleecing powerless DCA or their fake/tame solicitors.

 

you await YOUR N180

 

are you sure that came from lowells & not the court?

 

and no

don't go for a dro

that puts a millstone around your neck for other debts that might not even be enforceable...have you even checked?


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thanks dx

sorry for late reply been looking at threads

got a vauge idea what happens

it was from lowells a copy of what they have logged with the court

copy of directions questionnaire

if you want to discuss further please ring number supplied

 

i have sent cca for debts waiting for reply due week today

got a feeling 2 are not enforceable as they asked me for time when i ask what they were about in jan

 

got it they got to supply their evidence which they havent as yet to

me if i am correct

 

read through the other threads and i see what is what regarding giving me their documents ie agreement how they got the sum and so forth and if they havent given me the documents then meditation will not go ahead:sad:

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