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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  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  you DO NOT file a defence at this time  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]  
    • Hello   Thank you for your response, I think I have done this right. My responses are in bold    Name of the Claimant ?  Merligen Investments LTD    Date of issue –   12/11/2019        Particulars of Claim     What is the claim for –  1. The defendant owes the claimant £209.79 under the a regulated agreement with Studio Retails T/A Ace dated 16/10/2015 and which was assigned to the claimant on 19/07/2017 (debt)   2. Despite formal demand for payment of the debt the defendant has failed to pay   and the claimant claims £209.79 and further claims interest thereon pursuant to section 69 of the county courtact 1984 Limited to one year to the date hereof at the rate ot 8.00% per annum amounting to £16.78    What is the total value of the claim? £301.57     Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    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? no    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? cat debt    When did you enter into the original agreement before or after April 2007 ? no   Do you recall how you entered into the agreement...On line /In branch/By post ? Online     Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No    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? No not received any correspondence apart from a couple of recent Text messages and in all honesty I thought it was a [problem]    Did you receive a Default Notice from the original creditor? No     Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Nothing     Why did you cease payments?  About 3 years ago     What was the date of your last payment? Can’t remember     Was there a dispute with the original creditor that remains unresolved? No dispute     Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  no          
    • stick to letters.   look in the debt collection section of our library there is a pro rata letter   send that to everyone.   if they don't agree then we'll deal as and when those that do or do not reply. pay what you say when you said it to show good faith. use BACS transfer via online internerweb portal of your bank ...not DD>   dx  
    • Well I received a reply to my email and I have to say that I'm quite surprised. Maybe Halfords have been taken over by PC World/Currys.     Can we confirm that I understand that you put in all the correct details onto their website and they made the recommendation of a particular set of tyres which you were later told were not suitable for your vehicle?   Can we confirm that you have gone back to the website and you have put in the same details and has come up with the same tyres   What make is your car?
    • Hi @BankFodder and Dx100 thanks for your replies. Well nothing has defaulted yet as I had been able to make payments up until this month for everything. This/next month is when this going to start hitting the fan and I want to  The livelend loan is about a year old.  Bamboo is like a month and I've made one payment Likely a couple of months and I've made two payments.   Aqua credit card I've had for a few years and it started with a smallish limit and they kept increasing it. Say it went to up to 1600 at some point and I used it and paid it back and didn't use it and they increased it a couple of times.   I had always paid it off and had it sitting there doing nothing so they were quite happy I guess. Interestingly they actually cut the limit by 300 to just under 4000 and I got a letter saying after a review they were doing that (I don't know what triggered them to do this). It was only in June that they increased it significantly from approx 2.5k or 3000 to 4100.    Capital One credit card I think they increased it once and again I only used it once and cleared it and then they increased it slightly and I've utilised it all now. I have probably had it a year or so. Paypal credit they just offered me 2.5k limit and I used it for buying things. It was probably opened 18 months ago. I missed payment last month but paid it since. Barclays I've been with for years and am actually premier (lol) and have had loads of money going through my account but never sitting in there for long and I actually don't have to pay anything for my overdraft.   Santander I have had the account for a few years but never really used it too much, it was more of a backup current account and I used it for work once where I needed to keep some things separate. They only recently let me have an overdraft and I it up the wall this month.   @dx100uk Thinking about it I didn't have any real credit for a fairly long time aside from payday loans which I got into a trap with but paid off.    The only thing that was a major negative on my credit file was the closed Halifax account with a balance of between -£3.7k or -£5.2k depending on when they looked at it.   So what I'm saying is I don't think it was shot (though it certainly wasn't good enough to get many "normal" low-interest products.   Bamboo and likely loans are, I imagine, high risk lenders in that they will give them to people with not great credit but with that comes high interest. I think one is 60% and the other 70%! These were used to try and gamble my way out . Nobody sane would take out such loans but as I've admitted I'm deluded. Livelend they were more reasonable around 13%   I feel like I could have a chance with bamboo and likely about irresponsible lending and it doesn't hurt to ask. With everyone else (the credit cards) I think I should just write and offer them £1 a month and say I will review in 6 months (or is it 3? I forget the standard practice).   I didn't realise that considering DRO or BR was "stupid"; The amount I owe feels insurmountable and hence this is why I was considering those options...    Is it better to approach them now or wait for things to default? I don't mind if they pass them off to DCAs but I would prefer to get them to agree to freeze interest so the number owed doesn't rack up.   As I've read countless times DCAs are powerless and have to work with what I offer (which, currently, is basically nothing). I still want to bury my head in the sand but I think for my mental health it would be better to get ahead of things. I guess I shouldn't care about my credit rating now. There's no reason I need to get in this position again. I know that I need to do things in writing and refuse to talk over the phone. Are emails suitable in this day and age or do I need to stick to physical letters? I think that recorded delivery isn't necessary just proof of postage?   Sorry for the long post and I hope I have got my thoughts across.  Thanks again      
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dcahater76

Lowell Chasing Recent 02 Account

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Hi All,

 

Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months).

 

Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract.

 

I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law?

 

Thanks

 

Andrew

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Yes under what ofcom have stated

 

Pers i'd not bother with letter tennis unless you get a letter of claim

Stop making powerless dca feel important


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Hi Dx,

 

Im currently sitting on this I got there pre legal letter the other day.

Im not particularly worried about it.

 

If it turns out they are trying to collect the right amount i will offer them 75% F&F just to get rid of it.

My way of thinking is if I complain to them it might just buy me a little time before they proceed to court as I have no way of countering this if they do.

 

The account was defaulted in April and quickly sold on to lowlifes.

No SB defence applicable.

i have complained about the amount and asked for a breakdown on how they arrived at the figure they allege i owe.

In theory they will have to go back to 02 for this so might just give me a bit of breathing space for a couple of weeks to get the finances together to get this paid off as I dont want a CCJ at this point.

 

Curiously though this isn't showing up on Noddle or Clearscore

Edited by dx100uk
spacing

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dont offer them 75% of it. Theyve very likely paid the oC 10% of the total debt. Why pay it when you dont have to. Especially if its got unlawful charges in it.

 

If you have their PaP pack, dont reply using it. Theres a link on this site with a pack y ou use to reply with.

 

And CCJ? CCJ is a LONG way off. If it ever even happens. Theres a bunch of stuff that happens before it goes to a CCJ. Even if they filed a claim tomorrow, it would likely be jan or feb before it goes to court. Possibly later.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi Renegadeimp,

 

What sort of percentage would you suggest. Im going down the line of paying F&F if necessary.

 

Thanks,

 

Andrew

Edited by dcahater76

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0% Youll ge tmore advice soon. You need to find out why the debt was sold, how much are charges etc.

 

Get a SAR going to O2


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thanks RenegadeImp.

 

Sar form downloaded from 02 will get it in the post tomorrow.

 

Thanks

 

Andrew

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yep offer nowt!!

and no more silly letter tennis!!

 

dx


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Hi DX,

 

Thats the general idea for now Im not certain I can beat this if and when it goes to court best Ive had so far is there pre legal assessment letter saying nothing much.

 

Thanks,

 

Andrew

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have read of a few relevant claimform threads

 

you'll soon get the idea

 

using our search CAG box of the top redtoolbar use:

 

Lowell claimform mobile

 

or claimform mobile

 

dx


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

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If theyre serious about going to court, youll get a PaP pack with a bunch of stuff to fill in. This gives at least 30 days before they issue a claim, and even then they might not. If you get one of those packs, come here, as they tend to change wording in it from what it should be.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi All,

 

Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months).

 

Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract.

 

I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law?

Thanks

 

Andrew

 

Its actually clarified and stated in the Unfair Terms in Contracts for Communications and The Consumer Rights Act 2015

 

https://www.ofcom.org.uk/__data/asse...0/guidance.PDF

 

https://www.gov.uk/guidance/unfair-t...ses-full-guide

 

Andy


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Well got SAR running to O2 this morning so will wait to see what this says prior to doing anything else. Thanks everyone for your advice everyone.

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be aware they have a considerable amount of time to fulfil the SAR request, so the DCA may take action sooner. Its unlikely they will but it is lowell.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks RenegadeImp I sent off a complaint last night. They emailed back this morning stating account on hold for 4 weeks so hopefully should get SAR back in that timeframe if it turns out I have to pay this off then I should have the finances in place to sort this (got a Gibson Les Paul 67 for sale on eBay)

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Why would you entertain paying them anything? If lowell have it then theres something wrong with the debt. And even if they file a claim, it doesnt mean theyre going to win, plus you can go to mediation, and come to an arrangement to pay it off slow or at a low F&F. But all thats a fair way off yet.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I suspect that part of this amount is a handset charge (Samsung Galaxy A5 2017) which I have bank records to prove I paid for the phone when I took the contract if the SAR info states they are claiming for that then I can stop this stone dead the other could be airtime till the end of contract which again I can kill this. I'm just a believer in having a backup plan. Another point being I do not want to risk getting a ccj on my credit record.

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I wouldn't ever consider paying an supposed phone bill made of till EOC fees

It wont be the handset either


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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Thanks DX going to sit on this and see what happens I suspect the amount they are claiming can be countered effectively will know for certain with the SAR Return from O2 since I asked specifically for a breakdown of the amount they claim I owe.

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well I Have done a bit of digging around my credit files. I have checked Equifax, Experian and Callcredit and Neither Lowell or O2 show on any of the files? I find this a bit strange to say the least.

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Okay so got another pre legal letter from Lowell I’m not worried. I have reviewed my credit file from all providers and no mention of 02 or Lowell anywhere. Am I right in thinking this would prevent any court action?

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No...its irrelevant whether its showing on your CRAs or not.....perhaps they simply failed to register a default.


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