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Lowell/? claimform - old cap1 card debt - poss SBd***Claim Discontinued***


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I take it you have not yet submitted the statute barred defence?

 

Andy

 

Hi Andyroch

 

Yes I have. I did it a few weeks ago when I was given the incorrect data by cap1

Is CCA and CPR request still the best way forward?

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remove it silly...

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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dunno see what andy thinks but get them letters flying.

1st class with free proof of posting isa ll thats needed

don't waste £10's on recorded etc.

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

Well as it stands your defence is useless...this is a problem when submitting defences too fast and not using the permitted full 33 days to evaluate a claim.The statute barred defence should only be submitted if the debt is unequivocally statute barred.

 

Its expensive to amend (application £100 without hearing and the courts/claimants permission)

 

I suppose you can only wait and see if the claimants intend to proceed and do mess up on procedure along the way and hope there is no need to amend.

We could do with some help from you.

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no doesn't matter

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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  • 2 weeks later...

Hi All

 

I have received a letter from Lowell stating that the debt is not statute barred (last payment date mentioned) and that they have requested copies of the agreement and default notice.

 

I also received a separate letter stating that they have requested mediation so I am expecting a copy of my own to complete.

 

As Andy mentioned that my statute barred defence is useless,

how/ when will it be possible to alter the defence or is it unlikely that I will be able to do so?

 

Thanks

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can be addressed in your witness statement at disclosure stage IF it ever gets that far.

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

Have you received a directions questionnaire (N180) yet?

 

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

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  • 2 weeks later...

well you retain your copy...

 

 

or if by defendant you mean the claimant - no.

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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Just the solicitor for the claimant and a copy to the court.

 

Keep a copy for your own record.

 

Add a short letter with each along the following lines:

 

"Please find enclosed by way of service, completed N180 Directions Questonnaire. A copy of which has been served to court/claimants solicitor. (Delete as appropriate)

 

Job done!

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well you retain your copy...

 

 

or if by defendant you mean the claimant - no.

 

Hi DX

 

Sorry, I meant the claimant. I ll complete and send ASAP.

I have agreed to the mediation service and to go via small claims track.

 

Thanks

 

Just the solicitor for the claimant and a copy to the court.

 

Keep a copy for your own record.

 

Add a short letter with each along the following lines:

 

"Please find enclosed by way of service, completed N180 Directions Questonnaire. A copy of which has been served to court/claimants solicitor. (Delete as appropriate)

 

Job done!

 

Thanks Martin

 

Your help is much appreciated. I will include a copy of the statement above to both parties.

 

Thank you

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  • 2 weeks later...

Hi All I have had a call from the mediation team today.

They asked me if I had all the information I needed to proceed to mediation.

 

 

I told them that the agreement and default documents had not been produced as requested in writing.

They said if that was the case, then they would forward it to the local court.

 

 

The person I spoke to suggested updating the defence with the documents I had requested when I receive confirmation that it was with the court.

 

 

Does anyone know how best to do this? Many Thanks,

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twill be addressed in your witness statement IF it gets that far.

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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Hi DX Thanks for replying. Is the witness statement a document which will be sent by the court, If it does get that far? Thanks

 

No its one you prepare and submit in line with the court directions which you should have received after allocation...in support of your defence.

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

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Thanks Andy I'll await the documents to arrive. I was advised it would be about 2 weeks or so. Thanks again all

No its one you prepare and submit in line with the court directions which you should have received after allocation...in support of your defence.
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Thanks Andy I'll await the documents to arrive. I was advised it would be about 2 weeks or so. Thanks again all

 

:thumb: Notice of Allocation is what your waiting for next.

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

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