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    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 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 plan? No
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MMF/moriarty claimform - old Quid Quid PDL Debt


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PAP not really?

But the DN can't be a fake no

 

So you know what they sent is not the OCs DN?

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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Well PAPDC (Pre Action Protocol) is very important.......Default Notices not so.....most if not all never did retain copies of the actual default notice .....they may do now subject to age of the agreement but providing they can evidence from their systems a breach and issue of said notice...then most courts would accept that one was issued.

 

If you have the original then that gives you the upper hand......providing there are any errors.

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

 

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Thank you, I was just weighing up the odds if it was worth going to court or agreeing something in the mediation. So apart from the DN would it be worth me going to court just on the fact that they didn’t supply me with a PAPDC?

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Well considering the value of the claim Im surprised the claimant has issued the claim...it will cost more than the debt to proceed to trial.

 

Moriarty do not do court and will issue a notice of none attendance and rely only on written evidence statement...(cheapest way of litigating).

 

See if they actually participate in mediation first...normally mediation does not happen ...so let it progress to allocation/directions and see how much the claimant is committed if they comply with the directions.

 

 

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

 

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Sorry for the above post my copy and paste want working properly.

My question was, do you think that they won’t attend the mediation even though it’s booked for this Friday and if they do what should I do, see if they make a good offer or proceed to court.

I know you can’t really advice me on what to do but I just need to know if it would be worth proceeding to court or not.

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Already answered in my last post

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

 

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Thank you for you time Andy I really appreciate it.

I’m sorry if you felt that you had already answered my question I’m just very worried about how to proceed and just wanted some clarity on the situation.

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Well I doubt mediation will happen as per my last post...If it does its your choice if you wish to make an offer and agree a settlement....and as for proceeding...as above...see if they comply with the courts directions as per your Notice of Allocation.

 

If a claimant fails to comply with directions...IE does not serve it witness statement and evidence on you by the stated dates its a good bet they wont proceed and issue a notice of discontinuance.

 

Moriarty do not attend court for any claim..they always rely on a statement in their absence

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

 

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Its not major they cant prove you did receive it.

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

 

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Hi Andy, just thought I’d let you know how the mediation went today.

 

Surprisingly MMF actually attended the mediation,

the mediator was very good and helpful, and I felt under no pressure to agree to anything.

 

I decided after I had my questions answered and took all the information in that for me the best thing was to agree on a settlement.

 

I managed to get £190 taken off the total and the payments on my terms, so not a complete victory but one that was best for me.

Once again thank you all for your help.

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So you paid for half of a free holiday for one of theMMF staff

 

Should have gone to court as they never turn up anyway

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, your comments aren’t really that helpful, offering advice like that after the event just makes me feel worse than I do already, this whole thing has been really stressful and was making me feel ill. By all means comment on my post but please think carefully about what you post and how it might affect the person involved.

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Being stressed is no reason to blindly get mugged

Being scared of powerless DCA's is pointless

They are not bailiff s

 

For other readers too....

 

However you could have a bigger laugh at all of the if you go start some irresponsible lending complains BB

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 I am making sure readers of this thread understand that they never turn up and if you do..They lose by default

 

By the last laugh comment - that's for you big-time to have the last laugh over them - go do An IRL complaint against QQ and probably get paid back more than what you've just paid out

 

If you had other PDL's and or there were defaults or bad credit on your credit file at the time you took ANY PDL out -go read this

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?472423-CAG-PDL-Reclaim-Guide-Indepth-Step-By-Step(1-Viewing)-nbsp

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

Sometimes a post just like a text message can be taken the wrong way and my head is not in a good place at the moment. Sorry if I bit your head off.

 

I appreciate the link you’ve attached and once I feel able to digest its contents properly I will give it a good read, I have lots of old PDL and a few outstanding ones as well as 3 credit cards and provident loans as well So this could be very helpful.

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BB it doesn't bother me in the least

wouldn't and doesn't make any difference if you were my worst enemy id still bend over to help

 

take the money away from DCA's is the name of the game period.

 

if everyone stopped paying DCA's tomorrow

the whole industry would collapse over night

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

Hi Andy, just thought I’d let you know how the mediation went today.

 

Surprisingly MMF actually attended the mediation,

the mediator was very good and helpful, and I felt under no pressure to agree to anything.

 

I decided after I had my questions answered and took all the information in that for me the best thing was to agree on a settlement.

 

I managed to get £190 taken off the total and the payments on my terms, so not a complete victory but one that was best for me.

Once again thank you all for your help.

 

Well done

 

You have to do what you feel is correct for you and you are comfortable with....avoided a CCJ anyway and halfed the debt.

 

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 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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Well done

 

You have to do what you feel is correct for you and you are comfortable with....avoided a CCJ anyway and halfed the debt.

 

Regards

 

Andy

And still leaves the door open to go after QQ on irresponsible lending.

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

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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