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    • Hi I appealed online on 28/12/19. I have attached my submission as a further PDF   Thanks
    • I received £1500 from a friend and another £1000 another from their Revolut accounts, which are fine. I would be OK if Revolut just returned the money to them. Happy to provide proof of income and they are happy to do so, too.
    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company.   They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may,  rep - you either do or you don't Take care of yourself.I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok.   The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
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Cosmicdancer

Lowell Solicitors , Capital One , CCJ , Enforcement

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Lowell Solicitors sent me a letter in December 2018 saying on 08/08/16 a CCJ was entered against you and you were ordered by the court to pay £50 per month. I haven't paid anything on it.

 

It says they are considering options to enforce the CCJ as its in arrears.

 

The amount of the CCJ is £499.13

 

It also says to avoid the possibility of enforcement action we need to agree a payment plan with you.

 

This CCJ was issued years ago to an old address, i now know it's my responsibility to inform them of my new address and my circumstances at the time would not allow me to do that but i was just hoping for some advice.

 

It was originally a Capital one credit card.

 

Thanks

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global debt situation is here

https://www.consumeractiongroup.co.uk/forum/showthread.php?492645-various-old-debt-help-please

 

I would suspect this will resolve itself by using an n245

but as you are unemployed there is little they can really do to you.

 

see what the experts say.


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 CCJ was issued years ago to an old address, i now know it's my responsibility to inform them of my new address and my circumstances at the time would not allow me to do that but i was just hoping for some advice. "

 

What were your circumstances ?

 

Can you afford to pay the £50 per month now ?

 

Andy


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Hi Andy thanks for the reply.

 

I have around £150 saved up in a credit union , i have also had a medical assessment for PIP benefit which would boost my income a little bit. I currently receive ESA . Is paying £50 a month my best option?

 

- - - Updated - - -

 

Also my circumstances i was homeless and i had a severe drinking problem.

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I've coped this info from my other thread incase it's more suited on here.

 

Thanks for your replies!

 

I have looked through a drawer i was shoving letters in,

 

I've received 3 letters from Lowell Financial LTD. in the past 2 months.

 

The accounts are:

-JD Williams £217.04

-Vodafone £780.07

-Vanquis £800.00

 

Letter #1 is dated: 28th November 2018

 

contents:

"Having assessed our options, we are considering instructing our solicitors to take legal action against you on one of the above accounts if you do not come into contact with us and agree an affordable payment plan.

 

letter #2 dated 12/12/28

 

Contents

 

Top half - We may instruct solicitors to take legal action to recover one of the above accounts unless i arrange a suitable payment arrangement on ALL accounts.

 

 

bottom half - Offering 20% discount on all of your above accounts if you setup a repayment plan by 26/12/18.

 

Letter #3 Dated 27/12/18

 

Contents

 

"We recently wrote to inform you that if you do not contact us to agree how you will repay your accounts , or let us know why you are unable to do this, we may take legal action on one of the accounts listed above.

 

We have now selected your vodafone account with the Lowell reference ##### for possible legal action.

 

Legal Action Assessment of your vodafone account.

If you do not contact us by 10/01/19 to agree repayment solicitors may be instructed to take legal action to recover the selected account.

 

This means court fee's solicitor costs etc etc will be added to the account which will increase the amount owed.

 

Thanks for your replies!

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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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Thanks for the reply Andy , is this CCJ a debt i will have to pay ? So should i look at paying as much as i can afford to clear it quicker? Or is it acceptable to offer a £1-10 token payment on the CCJ ?

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you only offer what you can comfortably pay on an ongoing basis.

taking into account that your situation might not stay stable, don't run yourself short.

 

its worthy to note they cant be that serious if they've waited 2yrs+

 

offer £10


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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Thanks for the reply Andy , is this CCJ a debt i will have to pay ? So should i look at paying as much as i can afford to clear it quicker? Or is it acceptable to offer a £1-10 token payment on the CCJ ?

 

When you complete the N245 I&E this will reflect your financial position..your offer should be made in line with the figures presented.


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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Thanks a lot for the replies i am going to get onto that this week. Do i send it straight to the court? I'm not sure which court or do i send it to Lowell solicitors ?

 

Thanks!

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your local court will do.?


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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Thanks a lot for the replies i am going to get onto that this week. Do i send it straight to the court? I'm not sure which court or do i send it to Lowell solicitors ?

 

Thanks!

 

The court that issued the CCJ..if you never defended the claim then it would be CCBC Northampton.


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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