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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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Les77

Lowell Claimform - AA RBS Credit Card

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Hi all,

 

I’m looking for advice.

I’ve received court papers today from the county court business centre,

the claimant is Lowell Portfolio regarding a credit card debt of £5700 with the bank of Scotland.

 

In 2008 I successfully applied for an AA loan for £3000 (all paid)

after receiving the funds about a week later I received an AA credit card which I didn’t apply for so I can only presume this was hidden within the loan agreement?? Because I never applied for it!

 

At the time I wasn’t in any financial difficulty so I kept the card,

fell on hard times a couple of years later so I used the card,

realised I couldn’t keep on making the payments.

 

It was roughly 2015 when Lowell bought the debt

I asked for a CCA which took them almost 3 months to supply,

 

when it arrived it does look legit even though I had never applied for the card

- however the date on the agreement is September 2008 but at the very bottom in small print it has ‘sep2007’

 

Not sure whether to just accept this or defend it?

 

Thanks in advance.

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Sorry for the late reply.

I've acknowledged the claim on MCOL and

sent a SAR to Bank of Scotland.

 

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue - 07 March 2018

 

What is the claim for –

 

1) The Defendant opened a Bank of Scotland (Credit Card) regulated consumer credit account under reference xxxxxxxxxxx on 25/09/2008 ('the Agreement').

 

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 on 17/06/2015 and written notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £5,338.21 remains due and outstanding.

And the claimant claims

a) The said sum of £5,338.21

b) Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment the date of issue, accruing at a daily rate of £1.170, but limited to one year, being £427.06

c) costs

What is the value of the claim? £6276.27 inc costs

 

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

 

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

 

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? Yes

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't think so

 

Why did you cease payments? 2013

 

What was the date of your last payment? March 2013

 

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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not sure where people keep getting the idea from that you need to send an SAR to anyone relation to a court claim!!!

 

you are running late and losing time les 77

you've already wasted 14 days of the 33 you have to file a defence by DO NOT MISS THAT DATE!!

 

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 CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

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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As I never applied for the card I was advised on another forum to apply for a SAR. I’ve already got a copy of the agreement which I received in 2016 so do I need to request another?

 

As I said in my first post, the card came shortly after I took a personal loan out so it must have been part of that. Is this something I can mention in my defence?

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you don't get a free credit card when you sign up for a loan!?

 

so is your sig on this agreement?

or was it an online application.

 

pers i'd still CCA yes AND the CPR - get it running!!


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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

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It did come as a surprise when it arrived in the post! It’s got my signature on it and on the second copy above my details it says in small print “By signing this agreement, I request that Bank of Scotland plc send me a credit card and PIN for use with my account”

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Can you post up a copy of the agreement? ...remove any identifiable information first.

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I’ll post it up tomorrow when I’ve got access to a printer / scanner. CCA and CPR have been sent this afternoon.

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Those t&cs are from 26/11/12 so are toilet paper

 

they have to provide the T&C from the time the agreement was signed

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Thanks for looking jon, it did take them roughly 6 months to send this to me!

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no no.4. on T&C's

page 2 is not correct as differing type face.

 

so cut n paste jobbie.

 

tell me...did you sign up for this whilst resident in scotland and have since moved south?


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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

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Thanks for looking dx, I’ve always lived in England. Like I’ve previously said, I never applied or signed even though it is my signature. Is this fraud then?

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whats the address on this application eng or Scotland

and you say you've never lived at it?


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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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

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The address (eng) that’s on the agreement is correct and is where I still live

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well you've lost me

so family member fraud?

you never seen the card ever and never any letters/statements?


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

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DX looks to me like he applied for a loan

 

but on the loan paperwork it stated by being accepted for the loan he would get a CC as well

 

he has said he did receive the card and use it

 

ive just looked at the agreement again and that is for a card, not loan paperwork

 

Les - are you saying you signed the paperwork for the loan and you have never seen that agreement for the card?

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I meant is it fraud because somebody as you say ‘cut and paste’ the t&c’s - like jon has said, I applied for a personal loan and around a week later the card arrived in the post. I did use the card but fell on hard times and couldn’t keep on making the repayments.

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thats the way DCA's work to scare you into paying, making you think they have an enforceable agreement

 

did you ever see or sign an agreement for a credit card?

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Not to my knowledge, and if I did it must have been part of the loan agreement I signed

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ah yes sorry forget the story

well you did sign it

but anyway

its not correct as above

and wheres the default notice etc etc.


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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Dx that cca les has received is from one he requested in 2006, not from the CCA or CPR request for this claim

 

he hasn't received any docs to do with this

 

Les, have a look at like CC threads and start preparing a defence

 

if they haven't provided any docs from your CCA/CPR don't refer to the ones you received earlier use the standard holding defence

 

post it up here to be checked

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I submitted that request in 2015

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sorry that was a typo meant to say 2016 :)

 

but even then that was wrong lol

 

do as per post 23 in regards to defence etc

 

you did sent a CCA and CPR31:14 request?

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