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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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mummycass1

lowell court proceedings

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Hi I am having a very difficult time from Lowell .

they have taken court action .

I keep trying to explain that it is not my name on the so called debt but nobody is taking any notice

 

I am having great difficulties with Lowell debt .

the debt they are claiming is mine is not in my name or have they provided any proof of it being mine .

they have now issued court proceedings

I have tried to explain all of this to them but to no avail

Edited by Andyorch
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Hi.

 

 

Do you already have a thread about Lowell please?

 

 

HB


Illegitimi non carborundum

 

 

 

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Hi I am hoping to get some info on how to deal with Lowell - court action

 

No I have just posted about the problem I am having with lowell

Edited by Andyorch
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Okies, I'll move you to the Financial Legal forum in view of the claim form.

 

 

HB


Illegitimi non carborundum

 

 

 

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Thank you

 

The problem being it is not in my name ,I have tried explaining this but it is ignored

Edited by Andyorch
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Could you let us have the information requested in the forum sticky please? It will help the guys to advise you. I've assumed you're in England or Wales.

 

 

 

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

 

 

HB


Illegitimi non carborundum

 

 

 

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just type here what has happened to you ..

 

follow the one cabot started against you in court last year

 

dx


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I have received from Lowell a debt letter but the problem is it is not in my name ,

 

I have tried to explain this to them but to no avail .

 

they then sent me a county court summons

I sent this back to court explaining that this is not my debt as they have not provided any evidence and it is not in my name .

I also returned to Lowell the same this is not my debt as it is in the wrong name .

 

they then sent me a small claims paper work ,

which again I returned with the same this is not my debt wrong name

also no proOf provided .

 

now I have received from court a letter that I have not filled in this small claims form

 

why would I its not in my name plus they have not provided prof other wise

Edited by dx100uk
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Like before youve got a claimform

What date is the date top right on the claimform N1


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It is 31/08/18

Edited by mummycass1
looked in wrong place for date

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ok so you sent in a defence

did you send in a cca request and a cpr request as before?


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No I haven't sorry

 

I have a drs appointment at the hospital ,as soon as I return I will get on to this .

Edited by Andyorch
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when you get back tell us exactly what you have done with this claim to date please

and expand on this name issue please

 

its totally not your name?


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Hi to date I have returned papers to court explaining this debt is not in my name ,

also Lowell have not sent any paper work to prove it is my debt.

 

Court replied they have sent to Lowell my return paper work and they have 28 days to reply.

 

I also sent to Lowell the same copy of the letter again saying this is not my name plus they have not provided any thing to prove it is my debt ,

the only thing I received is a small claims paper work to fill in .

 

I returned to court that this is not my name

-they returned back to me saying that they could not prosses as I had not filled it in

well I haven't as it not got my name on ).

 

So far that is were we at

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if its not in your name you don't need to do anything with it.

 

explain why its not your name

 

is it like your name [but spelt wrong say?]

or has someone taken out credit at an old address you moved out of

they've now traced you and claim its you


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Single Premium PPI Q&A Read Here

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have you still got the original court paperwork still?

 

on the front sheet there is a box called particulars of claim.

 

can you type that out as it appears WORD FOR WORD EXACTLY.

but leave out anything that identifies your name or address.

 

regardless to the name issue, do you recognise this debt at all?


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

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Single Premium PPI Q&A Read Here

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Hi I do still have original court docs. as for the debt no I do not recognise.

1)

The defendant entered into an agreement for a Graton PLC and Freemans PLC accountunder ref …... (the agreement)

2)The Defendant failed to maintain the required payment and the agreement was terminated .

3)The agreement was later assigned to the claimant on 04/01/2018 by Graton PLC and Freemans PLC notice given to the defendant .

 

4) Despite repeated requests for payment the sum of £719.85 remains due and outstanding .And the claimant claims.

a)The said sum of £719.85

 

b)Interrest pursuant to s69count court Act 1984 at the rate of 8% per annum from the date of assingnment to the date of issue . accruing at a daily rate of £0.158, but limited to one year ,being £37.55

 

c)costs

 

Sorry also I have not received any thing from them with a signature ?

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its a freemans shopping catalogue debt.

 

typically [since 2006] these can be taken out online by simply ordering from the website, there would have been a tickbox agreement.

very few pers details are needed for fraudsters or by identity theft to achieve this.

 

without me looking back..have you moved in recent years?


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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why don't you log in to that MCOL website they talk of on the page where those particulars of claim are and see what the status of the claim says?

the password is at the end of the information box on the right.

 

it appears the court have excepted your defence hence giving lowells 28days..they say that in the same letter .

 

dx


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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I have tried to get on the MCOL it is saying ( there is a error in the I.D. or password ) . at the minuet I am trying to contact the help phone number.

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if you remember this thread:

https://www.consumeractiongroup.co.uk/forum/showthread.php?481666-cabot-Mortimer-claimform-old-julipa-JDW-CAT-Debt

 

you use the same registration [log it] you did then

 

log in with it

you should see two claims.

 

then use the bits required from the new claimform.

 

dx


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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