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    • Ok this is weird. I have had an email from icl to make a claim on any loans that I have taken out due to irresponsible lending and yet the7 have sold it on. What should I do?
    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
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Amazingly

lowell claimform - old LLoyds loan/Fast Track***Settlement Agreed***

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Hi,

I have attached the terms and conditions of the loan, any advice on how to move forward with this with Lowell's would be very much appreciated

 

I have research Lowell's and although they are a debt collection organisation with not very good feedback , I am unable to ascertain if they will actually take a CCJ out on me. I am also unable too ascertain how to move forward with this so any advice would be very much appreciated.

Thanks in advance

Terms and Conditions.pdf

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Ascertain here.....1000s of court claims from Lowell

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes


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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thank you . I have alot of reading to do to see how I can move forward

 

Any advice you can give would be gratefully appreciated.

Edited by dx100uk
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next move is not yours.

at to Lloyds i'd sar them

 

theres a reason why they've sold this on

in that era they were still doing court with SCM themselves

why not you - why sell it on...find that reason.


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Well Me again looking for some serious advise

 

Letter from County Court Business Centre: Claim form with particulars of claim within the form.

 

I am still waiting from Lloyds to provide me with the SAR they are within their 40 days window, I was hoping that by receiving the Sar, I could then identify how much Lowells made payment to them for my debt.

 

The documentation Lowells sent me themselves did not have my signature on the loan form.

 

However the claim form states I need to respond within 14 days

Any Advice on this would be gratefully appreciated.

 

Particulars of Claim:

1:The defendant opened a Lloyds (Unsecured Loan) regulated consumer credit account under reference .............

2: In breach of the agreement, the Defendant failed to maintain the required payments and the Agreement was terminated

3: The Agreement was later assigned to the Claimant ( Lowells) on 24/22/2015

4: despite repeated requests of £ 11,931.18 remains due and outstanding And the claimant claims the said

a: the said amount of £11,931.18

b:interest pursuant to s69 Count 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 £2.615, but limited to one year being £954.49

c:costs

 

Has not been signed by claimants Legal representative

Edited by dx100uk
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Name of the Claimant ? Lowell Portfolio claimant

 

Date of issue – 26 April 2018

 

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

 

Particulars of Claim:

1:The defendant opened a Lloyds (Unsecured Loan) regulated consumer crediticon account under reference .............

2: In breach of the agreement, the Defendant failed to maintain the required payments and the Agreement was terminated

3: The Agreement was later assigned to the Claimant ( Lowells) on 24/22/2015

4: despite repeated requests of £ 11,931.18 remains due and outstanding

And the claimant claims the said

a: the said amount of £11,931.18

b:interest pursuant to s69 Count 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 £2.615, but limited to one year being £954.49

c:costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes

 

What is the value of the claim? £13.XXX.XX

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan

 

When did you enter into the original agreement before or after 2007? June 2009

 

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. : Account assigned to debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Not aware of

 

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

 

Why did you cease payments? November 2014

 

What was the date of your last payment? 20/11/2014

 

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 management planicon? Yes £5 per month

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.


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Thanks I have completed all the required action.. I have tried to locate the defense book without much success.

I have little or no defense: Original agreement is well lost and I only have the paperwork that Lowell sent me.

I honestly feel like phoning and agreeing a payment plan with Lowells

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wake up lowells are the **** of the earth nobody gives in , there is a long way to go, calm down =Defence Book??? etc what are you stating, these people are here to help you not a listening samaratons all free and you need to wake up and listen and follow recommendations,. what else did you find this site for?


:mad2::-x:jaw::sad:

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Thank you : My error in not putting the right content: I was looking for the County Court guidebook.

All information given and links is and has been very gratefully received

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IMHO you don't need it

Read threads here

 

And don't go blinking first!!

 

With that crap paperwork they don't stand a chance

Did you get the Lloyds sar return back??


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Hi DX

Hit a snag with the SAR, the bank wouldn't take my council statement from 2016/2017 . I have had myself removed from all utility bills since. I did go onto the bank today with my birth certificate but they wouldn't accept it as proof of who I am .

 

I have my passport that I can present however it has my signature is on it.

I really do appreciate all the help and advise you give. I have search some of the defense and am currently preparing this as I type to you.

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So what if you passport has your Sig on it????

You really need to have gotten the sar resolved not sit on it for a month

 

Why Lloyds sold this on and didn't take you to court themselves using SCM as they've done with 100's of others in that era amazed me


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Paragraph 1 is denied. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number referred to in its Particulars of Claim.

 

2. Paragraph 2 is denied I have no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

 

3. Paragraph 3 is denied It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with the original creditor; and

b) show how the Defendant has reached the amount claimed for; and

c) Show or evidence a Default Notice /Notice of Sums in Arrears,

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

thanks DX,

I will get SAR sorted asap,

I just wasn't sure about providing a signatures document.

 

I know that I have delayed it and annoyed with myself for that

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defence is a bit short .

 

look at other Lowell loan claimform threads

use the search cag box of the top red toolbar


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On it so many options to read but hopefully will complete it tomorrow.

I will upload and if not minded to scan eyes over it

Thanks for your wonderful support

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Claim History

A claim was issued against you on 26/04/2018

Your acknowledgment of service was submitted on 28/04/2018 at 07:26:54

 

Had sent a CPR 31.14 Request on the 28 April 2018 to Lowell Solicitors law and had no response from them before the time I had to submit my defence which is below...

 

 

Particulars of Claim

 

1:The defendant opened a Lloyds (Unsecured Loan) regulated consumer crediticon account under reference .............

 

2: In breach of the agreement, the Defendant failed to maintain the required payments and the Agreement was terminated

 

3: The Agreement was later assigned to the Claimant ( Lowells) on 24/22/2015

 

4: despite repeated requests of £ 11,931.18 remains due and outstanding

 

 

And the claimant claims the said

 

a: the said amount of £11,931.18

b:interest pursuant to s69 Count 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 £2.615, but limited to one year being £954.49

c:costs

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature.

 

 

Requested by recorded delivery on the 13/1/2018 and also 28/4/2018

 

The claimant's particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2

 

 

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.

 

2.The claim is denied. I am unaware of what debt the claimant refers to.

I have requested further information pertaining to the claimants claim by way of a CPR 31.14 request.(Sent 28/4/2018)

The claimant has failed to respond.

 

3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the Claimant is put to strict proof to:

 

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

Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

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

 

5. On the alternative, is 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 82A of the consumer credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

All advise is great fully received

Edited by dx100uk
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Hi DX

 

I have revisited the defense, if you could glance your eyes over it I would be very grateful

I am unable to upload the word document/ also unable to convert ( old laptop) Hope the copy and paste provides everything.. Thanks in advance for all your help

Claim History

A claim was issued against you on 26/04/2018

Your acknowledgment of service was submitted on 28/04/2018 at 07:26:54

 

Had sent a CPR 31.14 Request on the 28 April 2018 to Lowell Solicitors law and had no response from them before the time I had to submit my defence which is below...

 

 

Particulars of Claim

 

1:The defendant opened a Lloyds (Unsecured Loan) regulated consumer crediticon account under reference .............

 

2: In breach of the agreement, the Defendant failed to maintain the required payments and the Agreement was terminated

 

3: The Agreement was later assigned to the Claimant ( Lowells) on 24/22/2015

 

4: despite repeated requests of £ 11,931.18 remains due and outstanding

 

 

And the claimant claims the said

 

a: the said amount of £11,931.18

b:interest pursuant to s69 Count 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 £2.615, but limited to one year being £954.49

c:costs

 

Defence

 

1. The Defendant contends that the particulars of claim are vague

and generic in nature. Requested by recorded delivery on the 13/1/2018 and also 28/4/2018 The claimant's particulars of claims

disclose no legal cause of action as the claimant's statement of

case is insufficiently particularised and does not comply or even

attempt to comply with CPR part 16.2 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.

 

2.The claim is denied. Paragraph 1 is noted. I have in the past had an agreement with Lloyds but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 77 request which the claimant is currently unable to comply with and therefore unable to prove its basis of claim pleaded within its particulars

I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

 

3.The claim is denied : the Claimant has not served a Notice of

Assignment or pursuant to the law of property act 1925 and the

Claimant is put to strict proof to:

 

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

Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed.

 

5. On the alternative, is 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 82A of the consumer credit Act 1974.

 

6. By reason of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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your defence is not due for over a month.


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Received a Notice to Claim yesterday from Lowells: just wondering if I can use this as part of my defense? Received after letter County Court Business?

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you mean a notice of claim?


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