Jump to content


  • Tweets

  • Posts

    • Paint is a free programme on any Windows PC. But don't worry, the choice here is not either perfection or nothing. As you say, use your scanner, save the file ... and then use the "choose files" option when you post to CAG to add the file. We can do all the redacting and converting to the correct file type at this end.  The important thing is just to get the info to us. Why not do an experiment this afternoon and see if the above works?  
    • I see they're trying to round up asylum seekers and lock them up for about three months so they can be put on planes to Rwanda. I'm a bit surprised that this is legal.  
    • thought for the day "Prime ministers need a big strategy that tells you where you’re going, you need a bunch of tactics that get you there, and you need the ability to take everybody else with you."   Now I know you are all thinking 'why is the  UKs destination Rwanda ???
    • Asset Link filed for a default CCJ against me, in relation to an old Barclaycard debt which I apparently signed an agreement for back in 2000.   I did not own a Barclaycard in 2000 so I know this is not true.  The CCJ notice was sent to an old address so I did not receive it.  Years later when I found out about the CCJ when I applied for credit, I put an application in to have the CCJ set aside.   As part of the set aside case, I was asked by the judge to provide a draft defence, should the CCJ be set aside.   The defence I provided was that I did not admit to the debt as I had not been provided with any evidence of an original loan agreement.   I won the case and the CCJ was set aside.   Link then filed to court again to make me pay the debt.   We both filed directions questionnaires and the judge allocated the claim to the small claims track.   As part of the directions, additional directions given were as follows ' Additional Directions in a claim for an Assigned Debt - Because the claim is in respect of an assigned debt the Court makes the following directions for the management of claim.  The claim shall be automatically struck out at 4pm on 3 April 2024 unless, before that time, the Claimant delivers to the Court and to the Defendant the following documents'  It then listed various documents such as an original agreement, deed of assignment, notice of default, statement of account setting out how the alleged debt accrued under that agreement etc.     The Claimant failed to provide these documents within the deadline provided and instead I received a copy of a bundle of documents provided by them in preparation for the court date, this was received weeks after the deadline.    I have called the Court to ask if it has been automatically struck out and they advised that it is not automatic and that I should still send my witness statement by the deadline provided, which is Wednesday.  This does not give me much time to prepare my witness statement.   I have never done anything like this before and I am unclear what my witness statement should include.  My thoughts were that I should keep it simple and stick to the facts, like the fact thy have not provided evidence of the original agreement, or the deed of assignment of the debt.   They have provided a copy of a default notice from Baclaycard dated 2015, this states a figure of £550 but the debt they say I owe is £10k.   I am not sure what makes a valid default notice?   I have previously requested proof of the debt from Barclaycard directly and have evidence of emails between us where they have been unable to provide me with the agreement or any documents at all relating to the debt.   Should I include these as an appendix?  Are there any other documents I should include in my bundle?    I have also tried to mediate with the claimants, to save the court costs and time, on a without prejudice basis, but the claimants solicitors refused to mediate.   Should i state this in my witness statement too to show the judge that I have been reasonable and they haven't? Many thanks   Louise
    • Right that's exactly why so many drivers got caught, it had been that way for many years then suddenly changes with no warning
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

LOWELL claim form - old provident doorstep loan poss SB'd ***Claim Discontinued***


Nibbles83
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1764 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Nibbles

 

The court will send you your N180 to complete and serve by the dates stated.Check MCOL to the status of the claim to make sure Lowells have in fact submitted their DQ and the status is reading the same.

 

The fact you have submitted a SB defence really dispenses with the need to enter into meditation as there is  or shouldn't be anything to mediate over.

 

Here is the DQ to complete on screen when you receive notification from the court to submit it.

 

Looks far more professional than hand written and you can run 3 copies off when completed.

 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hey Andy , thanks for the reply

 

ive been checking MCOL but it only seems to have what i have summited on there,  see attachment . they sent me a copy of what they said they have sent to the court .

Thanks Nibbles

mcol.jpg

Link to post
Share on other sites

Well wait until the court advise that lowell do wish to proceed and they send you a blank DQ...in the meantime you could complete the above and be ahead of the game.

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks Andy ,

yeah think i will do that .

Funny thing is i was here a few years back looking through posts in regards to lowell and followed the SB way and they did in the end close those accounts one being a mobile account and another being a cataloge account . once i challenged them on it .

not sure how far they think they will get with this one .

makes me wonder if they just playing a game of lets see if they will pay or they are just plain stupid .

i did also CCA Lowell still awaiting a reply

CRP Lowell solicitors still awaiting a reply .

Provident have said to deal with my request that they need me to prove my identity .

their letter came today from there made up department LOL . either way i responded and sent mail recorded signed for .

last but not least starting to organise my self with files for each of these 🤣

tho my pain levels are through the roof sitting at a computer to write these people :( 

Thanks Nibbles

Sorry Andy ,forgot to add ... print 3 copies fill them in and send one to the court ? one for my self and once to lowell solicitors?

 

Thanks Nibbles .

Link to post
Share on other sites

Yes but only when the court advises so

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I wish you'd do as we ask in upload and use pdf so we are not forced to download images we cant zoom.

 

anyway they are not correct

to litigate a default notice must have been issued.

 

dx

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... 

Link to post
Share on other sites

Hey dx100uk ,

 

sorry my bad note taken and will do from now on . :(

 

Clearly im not entering into this tomlin order  with them . 

 

just wondering how best to respond to it ?

 

Thanks Nibbles

 

 

Link to post
Share on other sites

you dont

 

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... 

Link to post
Share on other sites

Hey Guys .... so Update is :

sent lowells solicitors a CPR asking for :

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2: Notice of Assignment*
3: The Default Notice*
4: Statement of Account*

they refer to my letter dated 03/03/2019 though that date is incorrect as my first letter sent was 09/03/2019 (CPR) maybe a miss print of the date

as you can see they sent me back this received today 28/03/2019: please see attached files .... dx100uk i hope ive done it correctly and sent as a PDF .

what happened to everything  i requested from them ?? maybe still searching for it ??

as i did request a CCA from lowells as this was sent to lowells directly and not their solicitors.

one is assuming that they just got their solicitor to send it .

also they are so keen for me to reach a resolution in regards to paying to avoid anymore legal action .... though my understand it is SB🤣.

 

NEXT PROVIDENT ...

got the sar back ....

as first thought i hadnt had contact with them in regards to this .

*NOTES ON THE ACCOUNT *

CONTACT CENTER : 03/09/2010 NOTES: LOCAL OFFICE NUMBER GIVEN .

CONTACT CENTER 09/03/2019 NOTES :

Customors account W/O.

t.ref : **********

Account held with lowell in 2014 provided number , £4452.00 customer is wanting last payment date : customer wanting the information over the phone and advised that could be assigned to correct department to send statement out . customer asked to speak with a manager : told as its saturday no one is available.

 

CONTACT CENTER 21/03/2019 NOTES :

Customer has called for an update on her letter which was sent by recorded delivery to see if it had come through . advised by GDPR Team it has not yet come .

 

so last payment 18/12/2012

no response from me to provident  until i received lowell court papers, i rang them to see when last payment was made 09/03/2019.

thoughts and import please guys .

Thanks Nibbles

 

2017-03-17 here's the CCA - wanna Compromise.pdf

Link to post
Share on other sites

nothing to do see post 57

as for the sar...

does it confirm your last payment?

 

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... 

Link to post
Share on other sites

+£2200 in charges 

and confirmed statute barred

bye lowells!

 

 

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... 

Link to post
Share on other sites

Thanks dx100uk ,

 

knew it was but also nice when someone also confirms it LOL

 

so now .... just don't respond to them and await the next court instructions ??

 

& dx100uk total charges was £2520

 

Thanks Nibbles

 

 

 

 

Edited by Nibbles83
Link to post
Share on other sites

Hi

 

There was a high court case A couple of months ago which held that the cause of action(start of the six year period) starts only after a default notice is issued and not any earlier.

This MAY be the reason many cases are being re-examined  by creditors, particularly those whose accounts were closed a long time before it was eventually defaulted by virtue of a section 87 default note.

 

I have the judgement on one of my previous threads.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Hi Dodgeball,

 

so are you saying it doesnt go from the last payment it goes from the date they ( OC / Provident ) send you the default notice ?

 

could you also link me to your thread please so i can have a read .

 

Thanks Nibbles .

 

 

Link to post
Share on other sites

Possibly..but dont get too confused by reading it

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... 

Link to post
Share on other sites

Yes

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... 

Link to post
Share on other sites

Ok thanks guys,

well still going with the SB DEFNCE then 😀

even though provident sent their paper work for my request and like i said in my earlier post it didnt include :

NO ANNUAL STATEMENTS

NO DEFAULT NOTICE

lucky for me i found these tucked away with old paper work .

also Lowell filed court papers on the 5/03/2019 so they where a few days out !

 

thanks Nibbles

 

 

2013-03-01 Provident DN.pdf

Link to post
Share on other sites

All  paperwork is immaterial if the debt is 1000% Sb'd

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... 

Link to post
Share on other sites

dx100uk,

i understand but the point is for me to know on either last payment or default notice both have passed the 6 year limit .

i just had the impression when i got the paper work back from Provident that it wasn't all there and there fore lucky for me to find that paper work in the cupboard with all the junk , i now know for 1000000000% its SB .

i dont understand why lowells have filed court papers .

Ooh well i guess i just have to wait and hear from the court now .

been checking MCOL & Lowells havn't added anything on their . a waiting game i guess

Thanks again guys for all your help .

Thanks Nibbles

Link to post
Share on other sites

Sorry for the delay it is here: (its not that complicated, you got it in one.)

 

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...