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    • I think that rather than right, you should first of all telephone. However read our customer services guide. Implement the advice there. Then telephone and have a conversation which leads round to the loan and whatever agreement there might have been to repay. Get it recorded. Then write to him and asked him to confirm the telephone conversation. If he confirms it then you are on your way. If he doesn't confirm it or denies it then it becomes even more interesting and I think that you will properly have you more leverage. You say that you believe that you lent the money to the company and that the company has now sold. As long as the company has been sold and not dissolved then the loan to the company is still current and the company debt to you is still current. I think the first senior to do is to get the evidence – and I think you should follow the advice that I have given. The fact that the person has stopped contacting you is extremely troubling. The fact that the company ownership was transferred is even more troubling and so I think that you are dealing with somebody who is trying to be slippery about this – and so your way forward is clearly that you also have to act it in a slippery way. Come back here when you got the evidence and we will help you to the next step
    • Met usually use ANPR and get the timings massively wrong so they will be timed out. they must have used CCTV to watch the vehicle occupants "leave" and this is probably a breach of the GDPR as it wont be one of the specified reasons on their licence to spy on people so will breach protocols 1, 2 , 3 and possibly others in the list of the 8 main protocols of data protection.   It also breached the POFA as the timings are wrong so no keeper liability anyway.   The wording they use refers to the liklihood of the issuing of a NTD and thet never happened so the 56 day limit isnt applicable. My advice? ignore them as they rarely do court because they know they are incompetent
    • sorry, I meant to say UNLESS  so yes my answer reads the wrong way round
    • the terms in the contract will in many cases be unfair and thus you will be entitled to the bonus and there is case law on this. However, it is not a simple matter to resolve as it will have to take into account what the contract says and what the normal practice and expectations are for the bonus scheme. For example, Jhn Lewis pays out to anyone employed there on the relevant date so leave the day before and you lose out becasue it is a partnership and you would no longer be a partner. No schemes that withold bonuses until a certain time of the year MAY have to pay out but if your bonus is for the quarter that your resignation fell in then probably not. If it was for say Oct-Dec then you will ahve fulfilled the requirements of a qualifying period regardless of the contract saying no bonus and would more than likely be successful in a claim to recover such monies. A scheme that has been running for soem time would be part of yoru contract even if there is nothing specific included in your paperwork as it becomes implied as part of the conditions you agreed to when joining to co and staying there.   i know this doesnt give you a definite answer but hopefully makes it a little easier to see how your situation may work out
    • You have a big problem and that is proving the debt. for a debt to be created there must be an agreement that the money will be repaid, how and in what time frame. As far as the law goes you either gifted the money or loaned it in a way where you cant take civil action to recover it because there are no explicit terms. Now the BUSINESS doe owe you £2k and the debt will have passed on to the new owners but you still cant take steps to recover the money other than to ask the new business owners for it. They may deny the debt and you will be impossibly placed to prove it because there is nothing in writing. Proof of money transfer doesnt prove the debt exists nor how it should be repaid even if it did. you will lose a court claim due to the lack of paperwork showing how and when the repayment should take place. Sorry for your predicament but you are where you are
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leedspete

Lowell claimform - old littlewoods shop direct CAT debt

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not redacted properly so removed it

we don't need to see it 

as we know what a claimform looks like

 

please complete this

moved to legals and re-titled

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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date of claim - 19-06-2019

 

Name of the Claimant ?   Lowell portfolio I Ltd

 

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

 

Defendant opened a liitlewoods regulated consumer credit credit account undr ref xxxxxxx on 25/06/2007

 

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 23/04/2018 and written notice given to the defendant

 

4 Despite repeated requests for payment the sum of £823.53 remains due and outstanding.

 

5.And the claimants claims,

A the said sum of £823.53

B Interest pursuant to s69 courts cost act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.180 but limited to one year being £65.88

 

What is the total value of the claim?  £1019.41

 

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

 

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? N/A


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

 

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

 

Do you recall how you entered into the agreement...On line /In branch/By post ? On line

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes

 

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? 

 

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 ?

 

Why did you cease payments? Couldnt afford them and forgot as well 

 

What was the date of your last payment? Cant remember

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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 CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
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 [1 in the count]

 

did you get the SAR return from Shop direct?

as the last CCA was unreadable send a new one.

might pay you to spend <£25 to go get a proper scanner too as well need docs scanned rather than a pdf of a poor photo.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Just started with mcol nd its asking for my claiming details unless i am looking at wrong page

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read my post CAREFULLY


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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didnt get SAR from shop direct so will send another. May have to ask for another CCA as well 

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read my last post carefully already covered the cca at the bottom. itgoes to THE CLAIMANT

 

as for the sar

if you got no return then ring sd and ask WHERE IS IT!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Here is the cca as requested don't know if i have redacted the correct stuff again but i have just notice that its says my signature was 2010 but on the court claims form its say my account was from 2007

cca (1).pdf

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Will make interesting reading when they get to their statement stage.....now was it 2007 or 2010  :???:


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Is there a telephone number that I can contact shop direct on as their main switchboard put me through to littlewoods customer line. Need to find out what happened to my sar

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Look on the fca register site


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Address: Skyways House, Speke Rd, Speke, Liverpool L70 1AB
 
 
   
   
   
   
   
   
   
 
 
 

 

 

 
 
 
 
 

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 The National Consumer Service

 

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

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Tried calling them and they put me through to littlewoods and littlewoods didn’t have a clue what I was talking about. Thing is I have lost receipt for the proof of posting or it has got mislaid so shall I send another SAR letter

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your defence was due FRIDAY by 4pm

 

get it done by 4pm TODAY.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Ehhh I have been asleep in bed as I do overnights. What do I need to do

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Have submitted my defence but i think i have fouled it up as i failed to mention about the sar letter. So i dont know what happens next

Edited by leedspete
spelling

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Shouldn't be mentioning about SARS in a defence anway...SARS are for the Original Creditor not the Claimant.....what defence have you submitted ?

 

Andy

  • Like 1

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 The National Consumer Service

 

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

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That the start date on the default notice doesnt match the claim form. For when i started the account. Thats all i could think off. Bit of a muddle to be honest as i was behind time

Edited by leedspete
Added response

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Now your confusing me.....what as a Default Notice go to do with when you entered an agreement ?The Default Notice is when you breached the agreement.

 

Can you post a copy of your defence here for future reference and advice.

 

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 The National Consumer Service

 

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

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Just received a letter from Lowell’s offering mediation and wonder where to go from here. It seems like they have filled out most of the tick boxes already.

Thanks in advance

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you await YOURS from the COURT.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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So I don’t reply to this letter at all. Thanks for the information 

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what is there to reply too?
 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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This " letter " you have received.....it wouldn't be a copy of the claimants Directions Questionnaire N180 by any chance ?

 

Quote

It seems like they have filled out most of the tick boxes already.

 


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 The National Consumer Service

 

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

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Have now received my mediation questionnaire. Lowell’s think it’s ok for the small claims court. 

Advice on how to fill in the questionnaire would be greatly appreciated 

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