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    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars 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 particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. 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.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
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Lowell's Solicitors are chasing an old debt (6yrs old) - as mentioned in post #1 old catalogue debt for JDWilliams & Oxendales

 

Never seen a letter like this from them before

 

Tactics or can they go further with this?

 

 

Thanks 

LowellSolicitors.pdf

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its a PAP letter and you must respond

when was your last payment?


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new thread created

 

when did you take this cat debt out?

have they had a CCA request off of you yet?

 


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Cat debt is really old, really can't remember probs 2006 or something like that

 

CCA requests were sent, standard reply was sent back but never received the CCA 

On 07/06/2019 at 18:01, dx100uk said:

its a PAP letter and you must respond

when was your last payment?

 

 

PAP thread fully read. Will fill out the online form and send that back

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when was the last CCA sent please?

 


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

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I dispute this debt because...the debt buyer has previously failed a CCA request in 2017 and..[whats there already].

]send a new CCA request too]


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ok, I will do

 

Thanks dx 

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This was sent off 

 

Another CCA request was sent - nothing received back

 

received a letter a few months ago - passed to another DCA

 

However yesterday morning received a county court claim!
 

What to do/next steps?

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Please complete the above

 

Dx


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date of claim 14th November (2019)

 

What is the claim for – the reason they have issued the claim? 

 

1) The claim comprises the following agreement the defendant entered into:

a. JD Williams & Co with reverence 1234567 and current balance of £559.77

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

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

 

What is the total value of the claim?£735

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?Yes 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?No

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?Catalogue

 

When did you enter into the original agreement before or after April 2007 ?Before

 

Do you recall how you entered into the agreement...On line /In branch/By post ?I think by post

 

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 - Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?Yes

 

Did you receive a Default Notice from the original creditor?Yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?Yes

 

Why did you cease payments?Couldn’t afford the interest 

 

What was the date of your last payment?Over two years ago to the DCA

 

Was there a dispute with the original creditor that remains unresolved?No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?yes

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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]
 

…………..

 

yes I know thats 3 CCA requests sent but by golly will it make them squirm if they don't reply this time in your defence 

 


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Lowell's response

 

That 'CCA' isn't even signed or dated by me. Nor have I received it previously - 1st time I've seen this

 

lowell_CCA_return.pdf

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looks like a copy of what would have been sent out and you name etc have been inserted by someone.

and if you did do that

why did you not sign both and cut and keep the 'customer copy'..weird

 

someone's committing fraud or document manipulation here

though you do say you do remember doing it by post earlier?

 

is that all they sent?


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To be totally honest - I've no idea. But absolutely more than likely I would've applied for an account online

 

Their brochures/ catalogues/ leaflets is I was sent by post

 

In regards to possible document manipulation, I thought so too. I see now why nothing sent to them should be signed or handwritten

 

What's the next steps now? Thanks 

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well regardless you do not miss your defence filing date.

 

dx

 


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I filed my defence online the next working day I received the claim 

 

And yes (sorry) that was all the paperwork Lowell’s solicitors sent

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Dont you mean acknowledge d service AOS?

 

Dx


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Oh! I think I’ve just realised my error! So I acknowledged the claim online, but now actually have to submit the defence and form back to the court??

 

I'm in a real panic now. I stupidly didn't read the whole thing properly now I'm worried I'm late to submit my defence to the court!

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no, read post 15 again or the original link to answer the questionnaire we requested you do.

 

you don't use the forms either , they are purely for ref

you use MCOL which is why you registered there in the 1st place

 

dx

 


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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

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On 17/11/2019 at 22:21, dx100uk said:

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

okay, re-read and read again. I filed the the aos so when is the stage of defence?

 

I've seen a few posts on other threads of a defence response to CPR r 16.5

 

My other concern is that I'm flying out on Friday the 29th for 2wks with very limited access to the internet. Wondering what could potentially come up that'll require action within that timeframe

 

Thanks

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by Day 33 ...its plain enough...

 

We need to review things before you file anything

Havent had time to check all the uploads

but i dont think they have provided a default notice for each debt yet?

you did list each DN in the cpr request??


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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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Thanks, sorry! Was being thorough

 

Checking, no. No defaults provided

 

No! I didn't. I just cited the agreement - what was mentioned in their particulars of claim

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