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    • Thanks dx. I will ignore until I hear anything further from them.  
    • So, so far we have -   1.  Appalling signage with the £60/£100-ish charge in particular being illegible.  No PP either.   2.  Double dipping, you actually obeyed what was on their silly signs.   3.  No locus standi.  A blank unsigned template is not a letter, let alone a contract.   4.  Double recovery.  As well as £50 legal costs they have invented £60 Unicorn Food Tax.   WS in post 99 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/417771-cel-pcn-claimform-tenerife-buildings-station-road-south-gosforth-newcastle-ne3-1qd-claim-discontinued/page/4/#comments   WS in post 87 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/421029-opcdcb-legal-anpr-pcn-paoloc-now-claimform-overstay-st-johns-retail-park-wolves-claim-discontinued/page/4/#comments   WS in post 122 is again useful for (1), (3) & 4  https://www.consumeractiongroup.co.uk/topic/410445-ukcpmgladstones-windscreen-pcn-claimform-vista-centre-salisbury-rd-hounslow-tw4-6jq-claim-dismissed/page/5/#comments   WS in post 58 with comments in post 59 useful for (3) and (4)  https://www.consumeractiongroup.co.uk/topic/422971-excel-anpr-windscreen-pcn-claimform-brewery-st-car-park-chesterfield-on-0207-2018-claim-dismissed/page/3/#comments   I haven't got time to look at the lot, but there are probably useful WSs in the following (scroll down the pages till you come to the WS, which will always be an attachment)   https://www.consumeractiongroup.co.uk/topic/419899-ukcpmgladstones-spycar-pcn-claimform-no-stopping-trinity-park-birm-airport-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/414313-cpmbw-windscreen-pcns-bw-pap-loc-now-claimform-residential-car-park-the-citrus-building-maderia-road-bournemouth-claim-dismissed-with-costs/   https://www.consumeractiongroup.co.uk/topic/421756-vcs-pcn-claimform-broomfield-developements-broomspring-close-s37xa-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/429200-excel-pcn-claimform-broomhill-roof-car-park-in-sheffield-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-claimform-no-stopping-in-restricted-zone-bristol-airport-claim-dismissed/    
    • I don't understand why Leave.eu would want to leave and then stay in Europe anyway. I'm sure you don't either, TJ.    
    • Because we've seen the PPCs' antics a thousand times.  They always refuse appeals.  On every occasion they send out the same standard "threatening" letters.  In each case they then involve a third party to pretend the matter has somehow got more serious and the sum owed has increased.  It's got nothing to do with "sticking by their guns", it's what they always do, whether their case is good or if it's pants.   What do you think an unbiased judge would decide when you prove there was no sign at the entrance, just one in the car park at the height of the stratosphere, that the cafè owners had to stick up their own signs to protect their customers, that ages after your visit PCMUK finally installed decent signage, etc., etc? 
    • Thank you Andy    The Court have not confirmed solicitors so we shall proceed as agreed with the DQ by 25 January 2021.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Lowell claimforn - old Aqua credit card debt


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Hello, my first post so please bear with me.

 

I owe a debt to Aqua Credit Card. Due to mental health and physical disabilities I got in to trouble and didn't pay it. It was sold on to Lowell Portfolio who have now taken me to court at Northampton.

 

 

After reading advice I sent a CCA request and a CPPR 31.14. Along with an acknowledgment to defend on 21/05/18. On 18/06/18 I received a letter telling me that this was going to the small claims track. With that I received a questionnaire about mediation.

 

I have been away 2 weeks, while attending a family funeral and received letters to mediate. As I had not responded, I now have a letter Notice Of transfer of Proceedings.

 

I really do not know what to do now, or what this means. I suffer severe depression and fibromyalgia, the worry is now making my conditions worse.

 

Please can someone advise me what I need to do now.

 

Thank you

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Moved to legals and retitled

 

Please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

 

Can you please post up the defence you filed too

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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Name of the Claimant ?

 

Lowell Portfolio Ltd

 

Date of issue – 14/05/18

 

Particulars of Claim

 

1) The Defendant opened a aqua regulated consumer credit account under reference ..... on 12/03/2015. (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 28/02/2017 and written notice given to the Defendant.

4)Despite repeated t=requests for payment, the sum of 1,489.24 remains due and outstanding.And Claimant claims a0 the said sum of 1,489.24

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 0.326,but limited to one year, being 119.14.

c)Costs

 

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

 

I don't know

 

What is the total value of the claim?

 

1793.38 pounds

 

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

 

A Credit Card Aqua

 

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

 

After

 

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.

 

A 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 ?

 

Yes

 

Why did you cease payments?

 

Due to illness I could no longer keep up the payments. Depression, Anxiety,Fibromyalgia, back and hip impingement

.

What was the date of your last payment?

 

I don't know

 

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

Edited by dx100uk
Removed a/c number
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With regards to the question above..

 

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

 

Read here...

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

 

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

 

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Need to see the defence please verbatum

Post it up

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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Im sorry I don't understand a lot of this. I think this was the defence she sent for me.

 

 

 

CLAIM NO: XXXXXXXX

In the Northampton County Court

 

Lowell Portfolio

Claimant -AND-

Trish Costello

Defendant

 

CASE SUMMARY

 

1. I am the Defendant in this case.

 

2. On 21/05/2018 I wrote to the Claimant requesting Verification of the alleged debt and of their alleged assignment.

 

3. I returned the Acknowledgement of Service on 21/05/2018

 

4. The Defendant sent out a CPR31.14 request letter on 21/05/2018, asking for the following documents to be produce in court:

 

1. Agreement / Contract

2. Default Notice

3. Assignment

4. Formal Demand

 

5. I have received an acknowledgement of my CPR31.14,nor does it appear any of the requested documents have been forthcoming. Only evidence received was Newday sold an account to Lowell on 28/02/2017. There is no Agreement/contract.

 

6. The Claimant contends that: I owe them 1793.38, from a defaulted account with Aqua. However the evidence sent to me was from Newday.

7. On 06/06/2018 I received a copy of the Directions Questionnaire from Lowell Solicitors

 

X. The Defendant rebuts all the above in that

Lowells cannot provide a Contract or Agreement therefore it is unenforceable , as such no claim should have been made. respectfully request the Claimant's claim be Struck Out with prejudice if the agreement is unenforceable due to a lack of an agreement or evidence. to Statement of Truth I believe the facts stated within this Case Summary to be true comprising of xx pages.

 

Dated this day 06/06 of year 2018.

Edited by Andyorch
Claim number removed
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7. On 06/06/2018 I received a copy of the Directions Questionnaire from Lowell Solicitors .

You dont receive a DQ until after you have submitted a defence :???:

 

Is the above not your Witness Statement ?

 

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

 

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I assume you submitted your directions questionnaire...

 

" On 18/06/18 I received a letter telling me that this was going to the small claims track. With that I received a questionnaire about Mediation. "

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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6. The Claimant contends that: I owe them 1793.38, from a defaulted account with Aqua. However the evidence sent to me was from Newday.

 

Just in case you weren't aware, Aqua is the brand - credit is provided by NewDay Ltd.

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