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    • p'haps not the best thing to do just use the N244.and the ex160 let them sort it out don't complicate things..   don't worry about the bailiffs there isn't really anything they can do there is no right of forced entry upon consumer debt CCJ enforcement.    
    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
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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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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?


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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?


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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.

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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.

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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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