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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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Lowell PAP letter now claimform - old JDW CAT debt *** Claim Discontinued***


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You need to submit your defence by Monday 16th Dec...so you will have to submit before this Friday...400pm.

 

Andy

We could do with some help from you.

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Thanks Andy
 
I've been reading through posts and got a jist of what I might need to say in defence
 
Though stuck here on how best to word that the claimant has produced a flaky document:
 

3 On the 19/11/2019 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. They have sent an alleged copy of a CCA undated and unsigned from my cpr31.14 request. This is the first time I have seen this document.

 
And also in this section that they've failed to provide any evidence
 

4 It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 
Should I re-submit my CPR 31.14 to Lowell solicitors requesting default notices and also submit my defence anyway with the included text as I obviously don't have time to wait and see what they send back?
 
Thanks
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No.... you dont resubmit a CPR 31.14...simply file the standard defence used on similar claims edited to suit your particulars.

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

 

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but not yet!!

not due till/by 4pm Monday 16th

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... 

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  • dx100uk changed the title to Lowell PAP letter - old JDW CAT debt

no real harm no.

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... 

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Okay thanks

 

I've drafted something to submit in my defence. If it could be read over and marked for errors

 

Thanks

 

1) The claim comprises the following agreement the defendant entered into: a. JD Williams & Co with reverence 1234567 and current balance of £559.77

 

2)The agreement was terminated as payments were not maintained and subsequently assigned to the claimant.

 

3)And the claimant claims:

a) The said sum of £559.77

b) Interest pursuant to #

s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £44.ui

c) Costs

 

The Defendant contends that the of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.

 

1 Paragraph 1 is noted. I have had various catalogue agreements in the past with various companies. I do not recognise the account numbers referred to by the claimant.

 

2 Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its.particulars

 

3 On the 19/11/2019 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. They have sent an alleged CCA copy undated and unsigned from my cpr31.14 request. This is the first time I have seen this document.

.

4 It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of an original signed and dated copy of the consumer credit agreement requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

.

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

(c) Show and evidence any breach and service of a Default Notice which it refers to in their particulars;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6 On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of The Consumer Credit Act 1974.

 

7 By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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  • dx100uk changed the title to Lowell PAP letter now claimform - old JDW CAT debt

looks ok to me

let andyorch check it 1st

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

The Defendant contends that the of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.

 

1 Paragraph 1 is noted. I have had various catalogue agreements in the past with various companies. I do not recognise the account numbers referred to by the claimant.

 

2 Paragraph 2 is noted but not admitted.The claimant has yet to respond to my CPR 31.14 request with regards to disclosing a copy of the Notice of Assignment and Default Notice pursuant to CCA1974 sec87(1)

 

3 On the 19/11/2019 (sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has responded with an alleged CCA  which is illegible not dated and therefore unenforceable pursuant to section 61 (1) CCA1974 also devoid of the prescribed terms and conditions.Therefore, such an agreement may be considered to be irredeemably unenforceable.The prescribed terms for the purposes of section 61 which are set out in Schedule 6 of the Consumer Credit Act (Agreements) Regulations 1983 

.

4 It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of an original signed and dated copy of the consumer credit agreement requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

.

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

(c) Show and evidence any breach and service of a Default Notice which it refers to in their particulars;

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

5 As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6 On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of The Consumer Credit Act 1974.

 

7 By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

We could do with some help from you.

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  • 3 weeks later...

Hi,

I can’t log in to the MCOL website - says my login/password is incorrect. I’ve put it in exactly as what’s on the claim form

 

I want to submit 1st thing in the morning before I leave for work. I don’t want to run the risk of not being able to submit during the day. 
 

if I was to submit to them via email do I attach as a word doc or complete in the body of the email?

 

Thanks

 

 

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as in post 13 SB.

 

don't worry about MCOL not working at W/Ends it often doesn't

they reset it when someone gets in Monday AM

 

it wont hurt you if miss 4pm tomorrow either.

if you haven't got in by tomorrow night

pop up here and we'll give you the email you attach a PDF too.

 

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... 

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  • 3 weeks later...

Received the MCOL defence letter response before Christmas 

 

Last week received a further response from Lowell Solicitors - stating; Our client is satisfied that they have a valid claim against me. Entitled to add interest to the claim amount. Enclosed the

 following documentation in regards to the account:

- statement of account

- credit agreement

- Lowell account statement 

 

Letter ends on a note of a settlement offer to avoid proceeding to hearing. Provides a Tomlim Order, should I fail to agree they may produce the letter at any hearing as evidence. 
 

ANOTHER letter received yesterday - we write further to the Notice of Proposed Allocation 

 

They’ve enclosed a copy of the client’s Directors Questionnaire (Small Claims Track)

 

Reading this, what’s the next stage please? And is there anything I need to do/ prep for?

 

Thanks v.much

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Sstd letters they send with every court claim if you go read up on like Lowell claimform threads here.

 

await your blank  n180/ n149a from the court

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... 

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Share on other sites

  • 3 weeks later...

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... 

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1 hour ago, shellbells1982 said:

Thanks Andy

 

Is this to be done now via post - the N180? As I've logged on to MCOL and there doesn't look like anything for to action on there

 

MCOL has now ended once you get to the DQ stage.

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

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  • 2 months later...

Have since received a letter from the County Court Business Centre (23/03/20) of a Notice of Transfer of Proceedings - waiting for a court date as the Hearing Centre was not able to arrange mediation at this time.

 

Turns out that they did in fact email me - though this was sitting in my Junk Mail folder amongst over 200 spam emails so I missed it

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  • 4 months later...

Update:

 

Had received an update from the County Court (CC) a few weeks ago of an assigned court day in October

 

Lowell Solicitors had since written to me with an offer - pay half the debt to stop the legal proceedings with the CC

 

Ignored them

 

Then today this morning received a letter from Lowell Sol that their client has instructed them to discontinue this claim and enclosed a copy of the Notice of Discontinuance filed to the CC

 

We (they) confirm that this brings the legal proceedings to an end

 

(attached)

LowellCourtClaimNoticeofDiscontinuance.pdf

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