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    • There's one other card for just over £400 in my credit file. Three of the cards were taken out end of 2017 or beginning of 2018. The largest amount. That card was probably taken out early 2017 or sometime in 2016.   I've battled with a life long drink problem. Mixed with periods of heavy in the most part recreational drug use. I've been told I have mental health problems but nothing officially diagnosed.   I was made officially bankrupt 15-20 years ago. Not long after the year was up I started borrowing again because it was offered to me. I again reached the point where it all got out of control. I didn't have the money to declare myself bankrupt again so I just ignored it. A while after the 6 years were up I was offered another card and that was that.   I start out with good intentions of building my credit file back up. But then my 'issues' kick in and it all goes wrong. Addictions aside. I have a problem with spending money. I always have.   Basically no financial company should lend me money. That is blatantly obvious from my credit history and spending patterns on previous and the aforementioned cards.   I might have some more smaller debts not on my credit file. But to be totally honest I wouldn't know. I was too out of it to know or care.   Rather surprisingly given my credit history as  far as I'm aware this is the first time I've ever had a ccj against me. As I mentioned earlier not knowing much about bailiffs was my fear. Life is a lot easier for me if I can't borrow or have access to borrowing money.
    • Well done on referring to the consumer rights act. You're absolutely right, you are within 30 days and you have the right to reject it out of hand and to insist on a refund. Have you asserted your right in writing? If not, do it immediately. Do it by email and confirm by letter – referring to the email. It's essential that you do this now. Well done on having issued a letter before action. Please can you post it here in PDF format so we can have a look. On the basis of what you have told us, – in particular if you have evidence that you have asserted your right to reject, then there is absolutely no reason why should loose. However, to reassure you on the point of costs – your maximum risk factor is your own costs of bringing the action, the hearing fee if it goes that far – and their reasonable cost of travel if it goes that far and if there is an in-person hearing. Most hearings nowadays are conducted on the phone. Other than that there is nothing else to lose. The only slight point here that they could leverage is that you appeared initially to concede your right to reject by taking it to the manufacturer. I don't understand why you did this. I don't understand why you would pay good money for a brand-new machine and then accept the fact that it needed to be repaired. However, I don't really think that this will stand against you. It would have to be very unusual judge who would accept this. You need to understand that – especially with companies like Currys – whose customer service is extraordinarily bad – you must stand absolutely on your rights, give no ground – no prisoners. They will be merciless with you – any concession to them is simply giving ground. Let's see the letter of claim. Have you started preparing your particulars of claim? We can help you with that as well.
    • Thanks for your thoughts. I guess I could go to the OC and get them to add the defaults but that might be a long process.   I have only just started entertaining the idea of not paying as my main priority was getting a clear credit report as needed to move home urgently due to personal reasons. Now I am sorted on the credit file front its a case of seeing if I can stop paying this turkeys without going backwards.
    • then they can't comeback IMHO if you stop paying. you should have stopped paying there and then, but i suppose stepchance again poked their nose in and said either you cant just stop some debts through the plan, keep lining ours and their pockets.?   they are correct they cant register defaults themselves only the OC can.    
    • Hi Bankfodder   Yep, it's these guys.  I paid by debit card; online purchase.   I have been emailing them.  Should I send a letter?   Thank you for your help x
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi guys,

 

I have a CAPITAL ONE credit card which back in september I had offered to make £1 token payments,

my response was that they had referred to fredericksons intl for repayment...

 

i set up a £1 standing order online to fredericksons with a letter to them copying in my letter to capital one regarding token payment and my current financial circumstances...

 

my first token payment went out in december which got accepted and my balance reduced by £1.

 

HOWEVER - i now have a letter from Bryan carter which is there "LBA_S2LIT" template letter giving me 14 days to make payment arrangements with fredericksons..

 

do I simply copy my previous letters to capital one and freds to bryan carter? as its clear that previous two have taken a complete disregard to everything??

 

help

 

Dave

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Hi, sorry you were missed.

 

When did you take out the Cap1 account?

Do you know if there are any charges on the account?

Did you have PPI?

Have you sent a CCA request to Freds?

 

Bryan Carter is Freds pet solicitor and IF Freds are collecting on behalf of Cap1 [this will be evident if the letters say 'their client'] then BC can do nothing.

 

Any chance you could post up the letter (LBA_S2LIT) minus your personal details.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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If you have no assets, C1 generally farm out collection to Fredrickson or Capquest.

 

I once got the template letter you've had from Carter, and four times the v.1 which is slightly different.

I simply ignored and they reverted to the OC.

 

Many people adopt the token offer route.

 

However, if there is no realistic prospect of your eventually repaying in full or reaching a settlement ,

you could consider ceasing payment altogether, otherwise your credit file is messed up indefinitely due to the ongoing token payments.

 

There's no need to send Fredrick and Carter duplicates of stuff. They're all the same monkeys:

 

your case is under the loving care of one manager, regardless of letterheads and envelopes, all on a single database.

 

The lba ref. at the bottom of the Fredrick missive is just to scare.

A proper lba says so in the heading, not smallest small print letter code.

 

As for C1,

you're wasting your time if you try to reason with them:

once they've decided you're hopeless,

they leave the dirty laundry to their DCAs.

Or, eventually, solicitors if you have assets;

otherwise, it would be sold to a debt buyer, but that's still a long way away if you've only just been referred to DCAs.

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cca request to freds!

 

then the rest of post 2!

 

dx

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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Thanks for the quick replies guys, really appreciate it, first of all, happy new year to all :)

 

Right,

 

This capital one card was taken out in January 2013,

 

£500 limit which got chewed up quicker than I had anticipated,

 

then I started to struggle to make payments,

 

the balance now stands at £646 at the point they instructed Freds to collect on Cap 1 behalf,

my credit file still shows Cap 1 as creditor as of December.

 

There is no PPI, the only charges would be the missed payments,

the default notification charge and of course the interest on the £500,

which I am guessing is £146 on top of the £500.

 

I have not yet CCA'd Freds, I will do this,

but I just wanted to clarify something in BC's letter,

they said I had 14 days to arrange a payment with Freds,

before my account is "formally" passed to them...

 

Bear in mind I have a standing order already set up with Freds...

 

I fully intend to repay what I can, of course I am not denying this debt,

there has simply being no compassion to financial circumstances sadly but admittedly, i was not expecting much.

 

What if BC try to file a claim through Northampton courts, even though Cap 1 is still legal owner and i had standing order payment set up with Freds?

 

Where do i stand at the moment you reckon?

 

I will up the letter from BC tomorrow, minus the personals.

 

 

Cheers,

Dave

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little point in a cca then really

 

its far too recent.

 

the penalties & the default notification charge

 

get them back

 

if you are paying what you can then so be it

 

but do it to the ORIGINAL CREDITOR

 

not a DCA

 

TELL [dont ask] them they are only going to get £xxPCM for xx mts

as a goodwill gesture

and as a reciprocal GOGW they must freeze int & refrain from levying PENALTY charges.

if they wont

drop them to £1PCM for life.

.

as an example>

.

I am currently in financial difficulties and not able to meet my normal monthly repayments.

to show my goodwill, i am going to pay £5 for 6 mts.

 

i will update you in 6mts time or before, should my situation change.

.

could you please as a reciprocal goodwill guesture,

.

refrain from levying any penalty charges & freeze the interest on my account.?

.

Should you fail to assist me during a period of financial difficulty, contrary to all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

.

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

.

.

as your actions would do nothing to help me.

.

i thank you for your time.

..

.

dx

.

then pay by your internet banking site

.

and get reclaiming

.

TAKE CONTROL

.

or

if you have sent the above and they refuse

then write back........

.

.

i'm sorry, but you have failed to assist me during a period of financial difficulty, against all the guidelines and codes

issued by the relevent bodies and authorities that govern you and the way you conduct yourselves.

i repeat again, the contents of my letter dated dd/mm/yyyy, for want of clarification:

to show my goodwill, i am going to pay £XX for XX mts

could you please as a reciprocal goodwill guesture, refraining from levying any penalty charges & freeze the interest on my account.

i will update you in 6mts time or before, should my situation chance.

should you fail to help by refraining from levying unlawful PENALTY charges & freeze my interest,

i shall have no alternative but to reduce my offer to £1PCM for the rest of the life of the account,

as your actions are doing nothing to help me.

This is contrary to the rules you should operate under.

disgruntled account holder

dx

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, where would be the best address/person to send this letter to, as all my previous CAP1 letters have come from "Graham" in recoveries.

 

Shall I cancel the standing order to Freds? and do i need to inform Freds/Bryans that I am dealing directly with original creditor?

 

Cheers, Dave

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address is on your statement

 

don't pay a dca pay cap1 via the method advised

 

dx

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 guys,

 

I sent a letter directly to CAP 1 stating that I will be paying what i can afford per month for 6 months until.... bla bla bla..

 

I have ignored fredericksons and bryan carter.

.. although stil no reply from CAP ONE yet.

.. i also cancelled the standing order I had started with freds...

 

today, even though freds accepted my previuous 1 pound standing order,

i have a letter from FREDS now saying this...

 

"""" Despite a recent letter from Bryan Carter Solicitors,

it appears you have not discharged your debt with our client Capital One.

 

WE are prepared to offer you one final opportunity to pay before recommending to our client that they instruct solicitors to issue a claim.

 

At this late stage, and as a gesture of goodwill, we are prepared to accept a full and final settlement

on this account provided that you contact us on 08453136618 within 48 hours."""

 

 

Ill be honest,

im not sure how to approach this now,

 

it stands to reason that as capital one stil own the debt,

 

FREDS and BRYAN cant actually take any further action...

should I inform Freds and Bryans of my direct contact with Capital one regarding the repayment of this debt..

. obviously I want to avoid having a letter served through the post.

.. as am in written correspondence with cap one directly regarding my repayments...

 

help :(

 

Dave x

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std threat-o-gram

and an implied discount?

 

wonder what that is made of?

 

dx

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

my credit limit was 500, i can only assume at this point, that the balance which stands at 646.xx is made up of interest on that 500 balance, maybe a default charge.

 

should I SAR cap 1 to see if there are any £12, or any other penalty charges?

 

Can £12 charges be reclaimed as per the usual route? Or would they have to go as far as court to be able to get them refunded?

 

 

Sorry for the questions, would rather find out now to save any time or money finding out later down the line.

 

Cheers

Dave x

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yes reclaim

 

get the details by sar

 

dx

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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  • 3 years later...

Hello once again guys - hope all are well - I am back very unexpectedly with another claim form just as I have come back from my family holiday. The joy... I have already been on the MCOL and aknowlege and defend in full... here are the details..

 

Name of the Claimant ? Lowell Portfolio I LTD

 

Date of issue – 11th July 2017

 

Date to acknowledge - already done

 

date to submit defence = Friday 12th? i think

 

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

 

1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Capital one(Credit Card) under account reference xxxxxxxxxx ("the agreement")

 

2)The Defendant 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 25/09/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £644 remains due and outstanding.

 

And the Claimant claims

a)The said sum of £644

b) interest pursuant to s69 County Courts 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 £0.141, but limited to one year, being £51.56

c)Costs

 

What is the value of the claim? [B]£696[/b]

 

Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after 2007? after 2007 i think

 

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. The debt purchaser has issued the claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't recall receiving one.

 

Did you receive a Default Notice from the original creditor? No not that i can recall, lowell solicitors have apprently requested that info along with the original agreement from cap 1 but yet to recieve anything.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Im not so sure a payment was ever made, i was struggling financially along with the other issues i have addressed already on previous posts.

What was the date of your last payment? I honestly cant remember, possibly 2013

 

Was there a dispute with the original creditor that remains unresolved? Not that i am aware

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes as i was with Gregory pennington at one point - before i sacked them off in the hope i could sort it myself. :( :(

 

 

-----------------------------------------------------

UPDATE

--------------------------------------------------

 

So I sent a cpr request to lowell solicitors and cca to lowell portfolio

 

i have only received two letters back from lowell solicitors claiming to include the notice of assignment... this consists of a letter origianlly coming from captial one advising me of the sale of my account, then a second letter from lowell themselves welcoming me....

 

No default notice - no agreement...

 

I dont have a lot of time.....

 

I have various templates etc but with regards to exact wordings... how can I approach it?

 

Many thanks in advance!!

 

Dave

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12th june??

 

 

dx

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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Sorry DX I meant 11th July 2017 was the claim form issue date

 

i worked out the final defence due date as either this friday 11th august or saturday 12th august....

 

my brain is fried!!!

 

a very muddled defence based on the information i have would be as follows...

 

----------------------------------------------------------------------------------------------------------------------------------------------

 

Particulars of Claim for reference

 

1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Capital One(Credit Card) under account reference xxxxxxxxxx ("the agreement")

 

2)The Defendant 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 25/09/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £644 remains due and outstanding.

 

And the Claimant claims

a)The said sum of £644

b) interest pursuant to s69 County Courts 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 £0.141, but limited to one year, being £51.56

c)Costs

 

Defence

 

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 noted and accepted. I have, in the past, entered into financial dealings with Capital One however I do not recall the exact details or agreement or alleged outstanding balance referred to and have therefore sought verification from the claimant by way of a CPR 31.14 and section 78 request.

 

Paragraph 2 is denied as I am unaware of any default notice allegedly served to me.

 

Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in 2014 by either the claimant or the original creditor.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence the nature of breach and service of a Default Notice;

© 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

 

On receipt of this claim I requested by way of Royal Mail on 16/08/2017 a CPR 31.14 request from the Claimants’ solicitors and a section 78 request to the Claimant, for copies of the documents referred to within the Claimant’s particulars to establish what the claim is for. To date the Claimant has failed to comply with my section 78 request and their solicitors, Lowell Solicitors, have yet to fully comply with my CPR 31.14 request.

 

As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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 82 A of the consumer credit Act 1974

 

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.

 

----------------------------------------------------------------------------------------------------------------------------------------------

 

 

any thoughts guys? there is a paragraph 4 on the particulars which i have currently left out and it says...

 

"despite repeated requests for payment, the sum of 644 remains due and outstanding.... ideally i would like to put them to strict proof on how they came to the amount - is this usually something that is covered under the cpr or cca request during litigation?

 

cheers

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OK ta

That's not too far adrift

Correct the grammar in under 1 mind

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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Paragraph 1 is noted and accepted. I have, in the past, entered into financial dealings with Capital Onelink3.gif in the past however I do not recall the exact details or agreement and have sought verification from the claimant who has not complied with my request for further information.

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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"Paragraph 1 is noted and accepted. I have, in the past, had dealings with Capital One, however I do not recall the exact details or agreement and sought verification from the claimant upon receipt of the claim. The claimant has failed to comply with my section 77 request."

 

would that work?

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section 77?

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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Cca request? As you can probably guess this process is not sitting well with me. i am struggling like crazy here as i dont know how to word it...

 

All i know is the claimant lowel portfolio have not provided me with the default notice or credit agreement in the timescale relating to the cca request.

 

I think i have two days left to file.

 

:(

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Defence now edited in post#4.

 

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 OTHERS

 

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  • 1 month later...

Afternoon guys - just a quick update.

 

Still haven't received the notice of default or the agreement as per my previous requests.

It has now gone to the mediation stage,

where I ticked yes to mediation..

. having read other users posts,

knowing full well I don't have the two said documents which I am to assume they will need to support their claim?

 

I will be ringing the mediation number first thing Monday morning to book a slot

- when that slot comes,

I am simply saying to the mediator that I still have not yet received all documents as per my CPR / CCA request?

 

I assume they will either say OK then your case is not suitable for Mediation....

OR will I get questioned as to why I answered yes to allowing mediation to happen?

Even though Lowell thus far have partly failed my document request?

 

 

Look forward to hearing from whoever might be able to shed a bit of light on the mediation aspect of things (I have read some other posts with mixed feelings)

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in a way mediation doesn't rely upon any documents as these are not seen until witness statement time IF the claim gets that far

it is too try and narrow the differences between parties

 

but as you've not received everything you need to maybe narrow the arguments

you say no.

 

until that time

you always state yes as this is seen as entering into the spirit of mediation by allowing them time to produce them.

 

dx

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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