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    • 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      
    • Thank you so much Dx!   The Claimant is:   Lowell Portfolio 1 LTD Ellington House Leeds   But beneath it says "Address for sending documents and payments" Lowell Solicitors Limited PO BOX 1419 Northampton   I sent the CPR to the Lowell Solicitors Limited address. Should I send the CCA to the same or the Portfolio one?
    • please note your corrected defence filing date   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]     dx  
    • not sure you can use any of that to avoid paying sadly you could send them an sar to get all the details that would prove or not if they did send them nia email there are some accounts that do state this in their T&C's so I don't think there is much hope of getting out of not paying what you owe though.   get in contact with the supplier ignore the DCA set up a DD paying your on going usage and a fixed sum off the arrears IMHO.   dx  
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kjw327

Cabot/mortimer ClaimForms - 2 sep Next Account Cat Debts

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Evening all,

 

Here is the draft of my defence, I found that not having an account number made the first part a little different but had a go.  I'd be grateful for thoughts, advice and guidance.

 

Particulars….

 

1.By an agreement between Next Directory and the Defendant dated 14/06/2011 ("the Agreement") Next Directory agreed to issue the Defendant with a credit account.

 

2.The Defendant failed to make the minimum payments Due & the Agreement was terminated.

 

3.The Agreement was assigned to the Claimant.

 

THE CLAIMANT THEREFORE CLAIMS

 

1. 1574.00

 

2. Costs

 

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.

 

Paragraph 1 is noted. I have had in the past a contractual relationship with Next Directory but cannot identify any account referred to by the claimant.

 

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.

 

Paragraph 3 is denied as I am unaware of any legal assignment.

 

On the 08/06/2019 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request.  The claimant responded with a letter dated 10/06/2019 advising that they were not in possession of the information requested but would work towards obtaining this.  A further update was received from the claimant in a letter dated 20/06/2019 advising that they are still not able to provide the information requested and advised that there is not an enforceable Credit Agreement.

 

Mortimer Clarke sent a letter dated 11/06/2019 stating that they have passed the CPR 31.14 request to the claimant.  To date 28/06/2019, no documentation has been received.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant entered into an agreement; and  (removed with the claimant they do not plead you have entered one with them)

 

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

 

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

 

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

 

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

 

On the alternative, as 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.

 

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.

 

The defence for the other account will be the same with the exception of the amount claimed and the dates of the CPR letter as I had to send a second letter to Mortimer for this as the first was not delivered according to Royal Mail 1st Class signed for tracker. 

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an agreement

financial dealings


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

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Thanks Andy, will submit this on Monday. 

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