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    • OK, all done as requested. Defence left blank for now. Just one small question in relation to the CPR31:14.... Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: and it says * delete if not mentioned in the Particulars of claim. I'm not  sure if I ask for everything or nothing as I can't see any of the list mentioned in the POCs
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    • Hi, I’ve just spotted an Arrangement to Pay marker (TransUnion) on my Barclays Mortgage account for 1 month in March 2022. I’ve spoken to Barclays Customer Service and Complaints about this and they’ve given me some background but have closed my complaint: Direct Debit for mortgage bounced in February and I didn’t notice this at the time. Realised there were arrears in March and called customer service straight away. Offered to pay half the arrears on the call with the other half of the arrears the following month. I prob suggested or accepted this as had done that many years previously when I was a poor student with no adverse consequences. Paid in accordance with this. Barclays call notes report they informed me credit reference agencies would be notified and I indicated I understood. However, complaints team couldn’t access the call because it was too old. They advised I could request a transcript through GDPR and complain via ombudsman if still unhappy - I’ll process the GDPR request this week. Whilst it may be factual that I entered into some kind of arrangement regarding the arrears, it wasn’t clear to me that they would be treating it and reporting it as a formal payment plan along with the potential consequences of this. At no point did I agree to or request to “reducing my contractual payments” - I paid my contractual amount for March and April with 50% more on top. I guess it’s likely they did say something vague about credit reference agencies and it’s also possible that I may have agreed without fully understanding it would be different to a late payment marker. I’m not 100% sure of the impact of the AP but I believe it did tighten up balance transfer and new card offers (Lloyds group in particular) even though the rest of my report is spotless and I have many years managing multiple high balance cards. Although it may have been less comfortable, I also believe I had the means to pay the balance in full if I’d realised the impact at the time. Finally, it feels like Ive been penalised for speaking to customer services directly rather than just upping my payments to cover the arrears. Historically, I was under the impression that Barclays mortgages weren’t even reporting arrears of less than 2-3 months as late payments - although this may have changed since the last time I was in arrears. I’ve had a browse through threads about AP markers and it seems like removal is unlikely if it’s deemed factual but it may be worthwhile escalating to FOS or ICO? Will update with transcript details once I’ve raised and received a response to my request. I suppose the upside of this is that I’ll be even more cautious about negative markers in the future. Thanks, J
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Lowells 2xPAPLOC now Claimform - Old Vanquis Card debt


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Hi Patterns, the system tells me you have referred to one of my threads.

Just for clarity, later in the thread I say that even though the 28 days has passed it turns out it wasn't stayed as I have since received an N180 from the court. Looks like we are at a similar stage. I haven't had a N180 from the solicitors yet? Have you?

 

 

 

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HI guys, nothing back from the courts yet but i can see it was delivered

 

Got a letter from Lowells, which includes some documentation, a screenshot of an online application form approved 2013, statements and some letters. Same stuff as before generic t and c's with no name or dates. Default notice and notice of transfer

 

They reference a few things in the letter such as my details match the defence etc etc Also they are proposing a Tomlin Order. Do i need to reply to this letter, this is the 'mediation' itself right? what ive read is std practice for every Lowell claim

 

my online form looks the same but terms i dont have that many pages, same as what i previously uploaded

 

last entry on MCOL -

DQ filed by claimant on 15/01/2020

 

Hope ive upload the image correctly this time!

Scannable Document on 5 Feb 2020 at 17_39_50-converted.pdf

 

Right just read another thread, seems this isnt the mediation and i dont need to respond. I wait for court correspondence

 

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std letter from lowells

in most of their claimform threads here

safe to ignore.

 

I would of though your complete n180 to the court would be showing by now on MCOL 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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Do you not wish to consider the Offer of the Tomlin Order ?

We could do with some help from you.

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Thanks DX100uk, i just checked again and there is no note of the n180 on MCOL just 'DQ filed by claimant on 15/01/2020'

 

HI Andy, i guess my understanding is this is a payment agreement in which case i should've just done this before it got to the court stage. Do i not have much of a defence or is there a reason you suggest that?

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The defence is good..it all depends what type of judge you get on the day that concerns me....I was simply making you aware that the Tomlin offer is a way out should you consider it.....before they have to pay the hearing fee...appoint counsel...then the debt starts to increase.... considerably...on a 2k claim.

We could do with some help from you.

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Hi Andy, i see... yes of course i will consider it. When you say considerably, what kind of cost are we talking about being added? is there anyway i can estimaste or quantify what this looks like?

 

 

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£170 hearing fee and Counsel fees can vary but between 4/5 hundred subject to the judge allowing....possibly in total around £700 extra

We could do with some help from you.

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  • 2 weeks later...

go read that 2nd thread you linked to in post 81

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 Old Cogger, that depends what you mean by no documents, i have posted all the documents i received but they are not a CCA, generic T & C's and i never got the default notice or notice of assignment in time. They sent me some documents which didnt have a letter head attached from Vanquis.

 

Im not sure thats what you mean. Alot of comments on here are newer credit card debts can be harder to defend, i have a defence but down to the judge on the day so was going to call and state my defence and that there are a lot of charges on the account stetements they sent me so i would offer them a settlement of £400 to end the matter. But im not sure thats a good idea, thery havent done what they should

 

 

HI DX100UK i think you mean post 77, thank you ill go read again

 

HI DX100UK i think you mean post 77, thank you ill go read again

Edited by patterns
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our no's are diff to yours

 

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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  • 7 months later...

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Hi guys, I'm not sure what happened to my last post about a court date, but I received the letter of small claims, where it stated the claimant has 28 days to pay the court fees, and after which each party has 14 days to send all of the parties copies of any documents they wish to rely on

 

Last week I received another form from the courts, remote hearing 13th October. So I have a few days to submit my documents. However the new letter is unclear as to whether this is now 48 hours or still 14 days. i will call the courts to give my number as adbvised in the letter

 

ive attached the letter with personal details removed

each party liaise with each other to share their bundle?

 

im presuming my bundle should include my defence documents, in the above link DX100Uk refers to a statement, anything else as it states at the hearing they may not have access to the court file?

 

My next  steps were:

- call court to give telephone

- wait to see if the court fee has been paid - is there a way to do this, just call the courts? deadline would have passed by now?

- prepare bundle, not 100% sure of this but will start to compile what i have

- await the other party bundle

- hearing date

 

 

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court orders as a pdf please

not jpg direct to screen.

 

yes get your WS done pronto.

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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Apologies attached

 

Yes sir will do it today!

 

I have tried emailing the court but am getting a postmaster undeliverbale email from 2 different email accounts. They arent answering the phone either since friday. Shall i send a letter by post?

 

N24.pdf

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it means that the bundle going to the court is ONE BUNDLE, from BOTH of you and it must be with the court 48hrs before the hearing.

so your WS needs to be sent to their solicitors only.

 

pers i'd wait theirs , its their responsibilty to ensure the deadline of a single bundle to the court issent.

all you do iss tate yours is ready please forward me your WD and i will reciprocate, but don't as we need to see theirs to form yours or more importantly fine tune it.

 

there are 2 email ad's on the court letter

have you sent an email yet to the correct one with your phone/email details regarding the hearing ASAP.

 

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 DX100Uk,

 

Ive tried both the emails multiple times from multiple accounts and browsers - always returned as postmaster email doesnt exist. Ive been calling all day every day since friday. I emailed the general court address to see if they will pass it on

 

Right ok, im prepareing the WS ill send it asap, hopefully today or tomorrow

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give us the emails you blanked them out.

 

i'd prepare your WS but await theirs IMHO.

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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[email protected]

works for me just tested 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... 

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Shouldnt it be capital BCC.?.......remotehearingbcc

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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Yes I’ve done both that’s the postmaster response it by default puts capitals. Are you also getting successful transmission? It can’t be possible ive tried multiple devices and emails, the outlook fix doesn’t work, their phones are just ringing out.

 

ive read the google review and It has pretty negative responses

 

im wondering what on earth to do next!? I shall put it in writing and I’ll probably have to send a hard drive of the bundle to them also 

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