Jump to content


  • Tweets

  • Posts

    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Lowell Claimform - Old shop direct CAT Debt***Claim Dismissed***


dave466
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2421 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Good morning.

 

This morning my wife has received a claim form from the county court business centre.

 

I have been reading up and would thus be the correct process to challenge the debt?

 

 

The POC is as follows-

 

The defendant entered into a consumer credit act 1974 agreement with shop direct under account reference Xxxxxxxx (the agreement)

 

The defendent failed to maintain the required payments and a default notice was served and not complied with.

 

The agreement was later assigned to the claimant on 01/07/2011 and notice given to the defendant.

 

Despite repeated requests for payment, the sum of £2827.72 remains due and outstanding.

 

 

And the claiment claims

 

the said sum of £2827.72.

 

interest pursuant to s69 county court act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.620, but limited to one year, being £226.22.

 

Costs

 

So therefore if i send a CPR 31.14 to lowell solicitors limited which is on the claim form this would be requesting them to send me all the documents that relate to the agreement that they are claiming for??

 

And also will need to complete and acknowledge of service online?

 

Regards, dave.

Link to post
Share on other sites

  • Replies 155
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi dave I have moved your thread to the Financial Legal Issues in view of the claim form received,

 

Please read the following link which will explain the process and what you need to do.

 

Copy and paste the Qs and your responses back here so we have all the relevant history of the debt and answers in one post.

 

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

 

Regards

 

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

Link to post
Share on other sites

Thanks mate

 

Name of the Claimant ? Lowell portfolio Ltd

 

Date of issue – 22 Feb 2017

 

What is the claim for – the reason they have issued the claim?

 

1.The defendant entered into a consumer crediticon act 1974 agreement with shop direct under account reference Xxxxxxxx (the agreement)

 

2.The defendent failed to maintain the required payments and a default notice was served and not complied with.

 

3.The agreement was later assigned to the claimant on 01/07/2011 and notice given to the defendant.

 

4.Despite repeated requests for payment, the sum of £2827 remains due and outstanding.

 

And the claiment claims

 

the said sum of £2827

 

interest pursuant to s69 county court act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.620, but limited to one year, being £226.22.

 

Costs

 

What is the value of the claim?

Amount claimed 3053

Court fee 185

Legal costs 80

Total amount 3318

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? The claim is from a catalogue (shop direct group)

 

When did you enter into the original agreement before or after 2007? Not 100% sure but either 2007/8

 

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. Assigned to debt purchaser lowell.

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

 

Did you receive a Default Notice from the original creditor? I believe she did.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not too sure.

 

Why did you cease payments? I think it was about January 2011 but again not 100% sure

 

What was the date of your last payment? Possibly January 2011

 

Was there a dispute with the original creditor that remains unresolved? No.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? I don't believe so no.

Link to post
Share on other sites

" So therefore if i send a CPR 31.14 to lowell solicitors limited which is on the claim form this would be requesting them to send me all the documents that relate to the agreement that they are claiming for?? "

 

Correct and also a CCA section 78 request

 

" And also will need to complete and acknowledge of service online? " Correct

 

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

Link to post
Share on other sites

Just signed her up to noddle. Date of default was 28/06/2011

 

" So therefore if i send a CPR 31.14 to lowell solicitors limited which is on the claim form this would be requesting them to send me all the documents that relate to the agreement that they are claiming for?? "

 

Correct and also a CCA section 78 request

 

" And also will need to complete and acknowledge of service online? " Correct

 

Andy

 

Cheers Andy.

 

Just noticed this on her credit report but we know nothing about this.

It's under the ccj and showing as ACTIVE

 

Name Xxxxxxxxx

Address xxxxxxxxxxx

Judgment date 28/05/2012

Amount £ 690

Court name Northampton Ccbc

Link to post
Share on other sites

so vanishes may next year.

 

 

theres no harm in ringing SD and asking last payment date.

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... 

Link to post
Share on other sites

Just realised too that the claim form is in her maiden name, does this make any difference? No

 

And also do I send the cpr to the address for sending documents? Yes and the CCA

 

Regards.

 

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

Link to post
Share on other sites

Andy

 

Thanks for quick replies Andy, much appreciated.

 

Both letters are now written up and printed ready to be posted.

 

Would it be best to send them both separate and recorded or in one envelope recorded along with the £1 postal order for the ccj request?

Link to post
Share on other sites

If its recorded...yes thats fine

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

Link to post
Share on other sites

If its recorded...yes thats fine

 

Just a quick update. Relevant forms got posted recorded and I've checked the tracking and it states they were delivered and signed for yesterday, 27/02/17.

 

We have also been online and done the AOS.

Link to post
Share on other sites

now don't forget to go ring SD and ask last payment date?

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... 

Link to post
Share on other sites

so vanishes may next year.

 

 

theres no harm in ringing SD and asking last payment date.

 

Sorry must have missed your message the other day.

But there is no details as to what the ccj is for or for whom.

 

And I assume your saying ring shop direct to see when last payment was?

 

Thanks

Link to post
Share on other sites

wont hurt. to ring SD in case it might be closer to SB if the Default was registered late?

 

 

as for the other CCJ - you have the CCJ number

go ring northants bulk and ask for a copy of it

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... 

Link to post
Share on other sites

Update.

 

My wife today received the following letters from lowell.

 

Not sure if i have attached them ok.

 

One states that the account was actually opened 22nd November 2005, also states that i asked for cca 24th feb 2014 (typo?).

 

Another states that they got legally assigned the account on 11th January 2011

(therefore is this now statute barred as she had not made any payments or arrangements to pay any of this?)

20170302_175549.pdf

20170302_174857.pdf

20170302_174635.pdf

Link to post
Share on other sites

Notice of assignment then

Won't go anywhere without a signed agreement

But whatever happens don't miss your def date

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... 

Link to post
Share on other sites

go back and read that link in post 2

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... 

Link to post
Share on other sites

great work well done!!

 

 

so when was her last payment

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... 

Link to post
Share on other sites

dave keep the 2 copies of the notice of assignments safe with varying dates that they think they bought the debt...but not really sure...this will prove excellent disclosure for your defence. :wink:

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

Link to post
Share on other sites

Sorry for late reply. Her last payment was 11th November 2010.

 

dave keep the 2 copies of the notice of assignments safe with varying dates that they think they bought the debt...but not really sure...this will prove excellent disclosure for your defence. :wink:

 

Yeah I've kept everything together cheers.

Link to post
Share on other sites

Sorry for late reply. Her last payment was 11th November 2010.

 

Then its statute barred

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... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...