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Lowell/BW CCJ - old cat debt


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several threads merged please stick to one thread.

 

 

did they reply with a signed agreement

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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The request to set the judgement aside was successful at court today

 

I have been asked and given 2 weeks by the judge to supply additional evidence and also to write a detailed defence

 

 

I sent both a CCA and the CPR 31.14, I am happy to send over copies of what was sent to me. FYI some things that I requested were not sent to me until after my deadline to file my first defence so I didnt have all the information I needed to form a fair defence

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several threads merged please stick to one thread.

 

 

did they reply with a signed agreement

 

they gave a printed agreement with my name address and a cross in the signature box!

everytihng else provided wasnt on headed paper and could have been written by anyone

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The statements of account provided are roughly 1/4 of an A4 piece of paper, with a summary of transactions for the last 3 years. They didnt provide monthly statements for each month the alledged account was open

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so you took this debt out post 2007?

have you the original claimform still please

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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The request to set the judgement aside was successful at court today

 

ah ok, my posts crossed re yr earlier ones.

good, comply with the order.

and keep to one thread

IMO

:-):rant:

 

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the debt is apparently from 2012

 

here is the original claim form (removed my details for safety!)

 

the debt is apparently from 2012

 

here is the original claim form (removed my details for safety!)

 

claimform.jpg

 

I wrote the correct amount of interest since 8% over 365 days is 54.02 not 54.15 :)

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good

now can you post up to ONE MULTIPAGE PDF

all the bits from the CCA and the CPR returns from them

 

 

follow the upload

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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good

now can you post up to ONE MULTIPAGE PDF

all the bits from the CCA and the CPR returns from them

 

follow the upload

 

ok uploaded everything I could find, includign what they are using in court

 

no default notice supllied to the court and nothing arrived prior to the deadlien for me to file a defence

 

redone and removed everything i could see. notice the statement of accoutn supplied to me with the 3 year summary is different to what was provided in court. The 3 year summary magically aquired more items !

docs1 .pdf

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doc now properly by me

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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NOA's are ok

CCA is enforceable

statement look like 2 runs but ok

black page is from the OC's accounting system

shows default issued on date..

also shows some else later tried to get an account using slight changes in name and it was refused.

 

 

did you do that?

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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No and I also don't remember opening the original account either.

 

BCurious about their paperwork as Northampton court ordered for it to be stayed based on what they supplied.

 

i have previously been the victim of account hacking etc and there were lots of problems with the address I lived at previously with mail not being delivered etc and delivered to the wrong addresses

 

I have the odd email from gmail about suspicious activity on my account etc and also some communications from Royal Mail etc regarding a formal complaint about missing post and delivering to wrong addresses (the was a road with a similar name as mine except it contained the word xxxxxx old road rather than xxxxxx road)

 

FYI the person at that address had several court appearances for burglary and theft etc (yes his post came to me too and some got opened without reading the addressee on the letter!)

 

The judge asked me to provide these documents in my detailed response as the defence is currently relying on the account being opened by somebody else using my details

 

(funnily enough my landlady who lived at the address too had an Amigo loans account opened in her name, she never once received any paperwork from amigo loans regarding the account so it would look like some sort of mail redirection took place at the property, she only was made aware of the fraud by some suspicious activity and a call from her credit card company)

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does anybody have any comments on the reconstituted credit agreement where the signature is on a seperate page from the name and address?

 

take this scenario for example:

 

A person called Mary Jones and her address was on Page 1

 

Mary Jones (A) didnt continue or sign the agreement, but a different Mary Jones (B) did sign it (there are 1000s in the UK). The collector obtained a signed agreement from Mary Jones B and collated it with the details of Mary Jones A to be able to collect a debt from Mary Jones (A) who didnt sign it.

 

Now that agreement on 2 pages (reconstituted) would like identical to my paperwork

 

I know it is a far fetched story but it also is not impossible and actually incredibly easy

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Post 36

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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Post 36

 

 

 

I have no knowledge or recollection of every having an account with the creditor, I agree those are my details on the agreement

 

I dont recognise any of the items on the list as being items I have received

 

I have previously been a victim of identity fraud and email / internet provider hacking

 

I have a few emails from Google saying there was suspicious activity on my email account and it was attempted to be accessed from Russia.

I was also a victim of several account hacks from Virgin Media and Vodafone where I was alerted that my accounts had been accessed

 

So its very likely that I didnt do this!

 

 

This was the Judges arguement against Lowell that it may not have been me that entered into the agreement , therefore it wouldnt be enforceable

 

The judge asked me to supply a detailed defence including copies of these emails etc from google regarding account hacking

 

In the last week alone I have had no less than 20 phishing emails trying to get personal details from me (this probably happens to lots of people) but all it takes is one wrong click and you can easilly give away confidential info!

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FYI

 

This is interesting

 

https://www.hasmyidentitybeenstolen.com/

 

My old postcode is on there a number of times

 

"Did you know that postcodes can be targeted to execute lucrative crimes? These crimes have the potential to affect everyone living in a particular postcode. Typically the criminal will have worked out a way to gain access to post or deliveries in a particular postcode area."

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  • 11 months later...

just to update everyone on this case,

after approx 3 appearances in court where I denied the debt was mine and i was the victim of identity theft, Lowell eventually discontinued the claim and the amount has been wiped from my credit file

 

unfortunately lowell made an incorrect entry on my credit file,

after the first hearing which i missed due to being on holiday at the time,

 

lowell gained judgement and amended my credit file immediately with the new amount.

in my return I got the decision overturned and the case reset again from the beginning.

Lowell however did not reduce the amount on my credit file even though I disputed it through Noddle they refused to amend it.

 

OVer the summer I took out a car loan at 45.9% APR which would have been much lower had that entry not been on my file and also 2 credit cards at 69% APR which again would have been lower.

 

Now the entry has been removed im left with new credit agreements at a much higher APR than what I should have had because lowell refused to amend/remove the incorrect entry.

 

So what is my next step?

Lowell have scrubbed it from my file now,

Not sure what I can say to them in regards to requesting a deadlock letter.

 

The financial ombudsman is my next port of call for compensation i guess?

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you should be speaking with the original creditor

they are the ones at fault and are the ones that registered the default not lowells

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
you should be speaking with the original creditor

they are the ones at fault and are the ones that registered the default not lowells

 

no my credit file said "lowell Financial"

 

the original creditor Shop direct always showed as closed - settled on the credit file

 

the orignal debt was for around 600 after court hearing 1 settlement was around 1100

Lowell imediately updated the credit file to show this

 

This judgement was overturned and lowell failed to correct the amount and refused to after my request.

 

I spoke to the Ombudsman today and they are also of the opinion that lowells mistake has resulted in me taking out finance at a much higher rate due to incorrect entries on my file which lowell were aware of.

 

When i took out credit for a car/credit cards, the debt should have shown as £600 and not the £1100 that was showing which would have influenced the APR i was given on my new credit applications)

 

So the usual deadlock letter request has been sent and ill let the ombudsman take over from here

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Default Re: Lowell/BW CCJ - old cat debt

you should be speaking with the original creditor

they are the ones at fault and are the ones that registered the default not lowells

 

 

What part of this statement do you not understand? Tim noise 99

:mad2::-x:jaw::sad:
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and the differing amount would not have changed 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... 

Link to post
Share on other sites
and the differing amount would not have changed anything

 

I spoke to the Financial Ombudsman, they were of the same opinion as me. Is reasonable to assume had the default amount been correct at £600 instead of £1100 at the time of me getting new credit, it was reasonable to assume I would have acheived a lower interest rate. It was Lowell that updated the credit file incorrectly and Lowell that refused to change it.

 

Also I just realised , since Lowell withdrew the case, this now makes them liable to pay all of my costs incurred. So I will also be putting in a Costs order against them too

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Long story short, lowell took me to court for an alledge debt of around £800

 

 

Also I just realised , since Lowell withdrew the case, this now makes them liable to pay all of my costs incurred. So I will also be putting in a Costs order against them too

 

Afraid not CPR 38.6 is not applicable to Small Claims Track

 

 

Liability for costs

38.6

 

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

(2) If proceedings are only partly discontinued –

 

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

 

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

 

(3) This rule does not apply to claims allocated to the small claims track.

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Long story short, lowell took me to court for an alledge debt of around £800

 

 

 

Afraid not CPR 38.6 is not applicable to Small Claims Track

 

 

Liability for costs

38.6

 

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

 

(2) If proceedings are only partly discontinued –

 

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

 

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

 

(3) This rule does not apply to claims allocated to the small claims track.

 

 

interesting

 

luckily for me though it was agreed in the last hearing between myself, the claimant and the judge (the judge ordered it) that the loser would pay the winners costs. So that covers me atleast :)

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