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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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rockystar

LOWELLS Claim Form - old vanquis card debt***Settled F&FS***

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Is there any way I can/will win this? Seems so unlikely and I will likely be too nervous to make sense of it all. :(

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Pers for £900 id let it run even if you lose youve only got to raise £250 in another month to avoid the ccj being reg'd.

 

Or up your f&f to say £650 and thats your lot else i'll take me chance on the day TA

 

See what andy says later


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Try £600.....


We could do with some help from you.

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So, I went back and offered £650 on Saturday morning and was told I needed to call back Monday morning as no one was available. Called back this morning and they still rejected it. So I'm due in court at 2pm. Feeling sick.

 

All of this is really baffling to me, to be honest. I don't know how to defend myself or what to say or not say. Can anyone give me advice on that? Is there anything I should definitely not say/anything I should?

 

Thanks everyone!

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You really have to relax and get this into perspective...why you felling sick ? It really is quite informal...if you win you win..if you lose..at least you gave it go and made them spend more and work harder for their judgment...a claim they never expected you to defend.

 

The Judge will direct and ask you points when your turn arrives...you have your initial defence you have your witness statements with the points raised...simply refer to them and let the judge then ask them to explain your points.

 

It is important that you raise the matter of trying twice to settle this offering F&FS...even given your current financial circumstances..including today's offer...and tell the court they simply flat refused and were not interested.

 

See how the Judge reacts to that.

 

Best of luck...if you lose its a £5 a month.....inform the court you are on benefits.

 

 

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

 

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

 

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Okay, thanks. I know you're right, it's just so unsettling. Thanks for all your help on this and I'll let you know how it goes. Thank you so much :)

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Do not clam up and say nothing...have your say..only 1 chance.


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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One quick question: In my conversation on Thursday with Lowells, I was told "It doesn't matter to us whether it takes you 10 or 20 years to pay this". I recorded the conversation. Should I mention this, that I recorded it and the quote? Thanks :)

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No thats irrelevant...just what I have advised above.....courts do not like these type of claims...even more so Claimants who are abusing the system to clog up court time and resources. LOwell will most probably be using in house counsel a the hearing...so thats another chance to rack up a little more profit.

 

Courts always encourage parties to mediate and try to settle..and do not take kindly to parties refusing to even attempt...even if you lose he will be sympathetic and may dismiss and costs for today or restrict their interest requested.

 

If they use a rent a Sol for the hearing he may well approach you before you enter the court room and try to proffer a deal ..unaware that LOwell have already flat refused....if thats the case make your offer again....but no more than £600.


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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Hi, how did you get on today? Hope it went well

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No update ? no further questions ?

 

Would be nice to have a conclusion...good or bad...only courtesy to the poster's who have advised.


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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Hello!

 

I thought I'd posted after the court case but it's not here! Really sorry. (

 

You were right Andyorch, they did use a rent a Sol who asked to speak with me before the hearing.

She tried to use the £175 court fees as leverage to get me to sign up to paying £5/month for the rest of my life!

 

When I mentioned what the "recovery executive" from Lowell had said

—that they didn't care if it took me 10 or 20 years to pay this off

—she asked me to leave the room and made a call to Lowells.

When I went back in they had a agreed to settle for the £650 I had previously offered.

So it's settled. Phew!

 

I can't tell you how helpful and supportive I have found this group and I can't thank you all enough.

 

Andyorch, dx100uk, jon8214, Old Cogger—thank you all so much for helping me through this. You've all been fantastic!

 

So sorry my initial reply didn't post. It was a lot more detailed!

 

Thanks again everyone x

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Glad you got an outcome that you were happy with

 

happy to help

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Thanks for the conclusion Rocky.

 

Pleased that you managed to resolve it to your satisfaction and the £650 was in F&FS.

 

I take it they have withdrawn the claim and informed the court settlement was agreed?

 

Thread title updated.

 

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

 

 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 :-) a million thank you :-):whoo:

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Hi again :)

 

Thanks for unlocking the thread.

 

Below is the main part of the letter:

 

'Dear ********

 

Interest Charging on Repayment Option Plan

 

As you will be aware, this account has been sold to Lowell. We are writing to let you know about a matter that has arisen prior to the account being passed to Lowell.

  • We could have done a better job explaining the way interest was charged in relation to your Repayment Option Plan.
  • You are entitled to a refund of £135.23
  • You do not need to do anything – A cheque is enclosed for this amount.

We are writing to you about the recent investigation by the Financial conduct Authority ('FCA') into Repayment Option Plan ('ROP'). We agree with the FCA's conclusion that we did not, during the call where you opted-in to the product, tell you that charges for the Plan attracted interest at you purchase interest rate (though this was disclosed in writing before and after the call). We could have done more to ensure you understood the interest charges on ROP, for which we apologise.

 

You are entitled to a refund of all interest charged on ROP. Your are also entitled to 8% simple interest for any period your account would otherwise have been in credit. We have agreed the method of calculating the refund =with the FCA (under its statutory powers.)

 

A breakdown of the amount being refunded is below...' 

 

So, this threw me a bit and I wanted to get your take on it. Is this anything to do with PPI? Should I just cash it or press for more information?

 

After all that angst and hassle, this!!!

 

Thank you :)

 

 

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yes ppi rop refund

cash in

nothing more you need to do.

 

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hmmm, makes me think that I should look into other past accounts about PPI as I keep seeing the deadline is the end of August but not sure how to go about it!

 

Thanks again for your support with this :)

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