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    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
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belgarion22

Lowell PAP LOC now claimform - Vanquis+Talk Talk

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Hi All

 

I received a letter today from Lowell Solicitors, notice of pending legal Action they have combined two debts together into one and are threatening to take court action.

 

The debts are for Vanquis Credit card and talk talk

 

I know their are late payment fees and credit protection on the vanquish and the talk talk is mostly early termination and a mobile 30 day sim that they refused to disconnect  saying that I did not cancel it correctly.

 

I cancelled my talk talk account due to 3 data breaches during the contract and I will admit that due to no payment the vanquis account was closed.

 

I need help with the form Lowell have sent and what I can dispute and how.

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We could do with some help from you.

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Hello

 

Have you got any of your paperwork from the Vanquis account?

 

First thing you can do is check if it is Statutory Barred.

 

You should have received a Default notice and provided you did not pay anything after this date or acknowledge the debtg in any other way then the account cannot be enforced in the courts after six years of the date of the default notice.

 

(I mention this because Vanquis are taking a poke at me and my defence will be Stat Barr).

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Hello Andyorch

 

Sorry for not replying sooner have had some family issues, 

 

They sent me the pre action protocol just not sure what to do with it. I am going to defend both on the grounds that the Talk Talk bill has early termination fee and they carried on charging for a mobile phone sim because according to them I did not cancel it correctly despite the fact that it was a 30 day rolling contract.

 

The Vanquis bill is in dispute because it has late payment fees over limit fees default fees and their New Version of PPI 

 

Hi Comebackjimmy

 

The Vanquis bill is not statue barred it was last paid in 2016 due to wife and son both losing jobs at the same time and not getting back into work for 6 months so something had to give

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Instructions on how to complete the Pre Action Protocol are contained in the link I provided in post # 2


We could do with some help from you.

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they cant represent 2 clients in one action so that makes you wonder if they have any authority to act at all.

It sounds like they are just using their name as solicitors to apply pressure for you to pay them whilst acting as a dca rather than a solicitor (perfectly legal)

Post up the letter with your personal details redacted and people will advise on what to do if anything. the most likely response will be to deny that any monies are owed to their clients and that a counterclaim would be a possibility.

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There isn't two clients EB both debts assigned to Lowell...both could be amalgamated should they litigate...or separate claims for each debt


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

 

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the OP was asked about this and didnt say they were legally assigned, just the solicitors had sent  a PAP letter.

So that does beg the question  did the original creditors send you a letter of assignment to show the debt had been sold to Lowells? may well be on Lowell headed paper

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Hi The debts were assigned to Lowell in 2016 had letters for both.

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ok so PAP reply time as the link


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got a letter today from Lowell

 

apparently I sent the pap to the wrong address

they changed the refence number to on for their solicitor's

so I put an incorrect reference on

 

then told me they do not have to send it to the correct office or use the reference for that I used

 

and have now issued court proceedings adding a further 400 to the bill,

 

they also tell me that they now do not have to send me any paper work or provide any further information. 

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Have you actually received a court claim.....or is this still at threat o gram level ?


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Hello Andyorch

 

No court claim just their solicitor telling me it had been issued and that they did not have to comply with pap because sent to wrong office and old reference number used, apparently when it is sent to the solicitor's the Lowell reference number changes.

 

I could the reference number on the previous letter because I could not find the pap letter they sent me.

and he said no longer have to accept it as it is now passed 30 days.

 

I pointed out to him that it was served to Lowell in Northampton so it still counts as it is all one company with a linked system as Northampton themselves proved when they told me it was a refrence for the leeds branch and could see it on their system.

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well its immaterial its out of time whatever number or address you used.

 

don't quite understand whats really going on here

you haven't received an N1 claimform pack from northants bulk court

so ignore lowells stupid letters unless you do.

 

if you wish to repeat it using the correct address and number do so.

 


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I hav not had anything from northants bulk clearing, I was told after numerous calls I made yesterday that they had filed ythe paper work with the court so just going to wait and see what happens next 

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pst..little tip

stop ringing powerless fleecing DCA's

never ever do that.

they will do and say anything on the phone to spoof you out of money

that they will not put in writing as they know they'll get sanctioned.

 

dx

 


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

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I received the court paperwork this .or ings it was filed yesterday the day after I spoke to their solicitor his name is on the paperwork so he was well aware they had not auctioned the pap

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please complete this:

 

 

 


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

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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

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Lowell Portfolio 1 Ltd

 

Date of issue 16/08/19.

 

 

Particulars of Claim

 

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

1. The claim comprises the following agreements the defendant entered into

a. Talk Talk telecom Ltd with reference (Account Number) and current balance 485.

b. Vanquis Bank with refrence (Card Number) current balance 596

The agreements were terminated as payments were not maintained and subsequently assigned to claimant.

and the claimant claims.

a) the total of the said sums being 1080.

b) interest pursuant to s69 county courts act 1984 at the interest rate of 8% per annum from the date of assignment to the date of issue. but limited to one year, being 7

C) Costs

 

 

What is the total value of the claim? 1317

 

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

 

Did you inform the claimant of your change of address? N/A


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

 

When did you enter into the original agreement before or after April 2007 ?  no

 

Do you recall how you entered into the agreement...On line /In branch/By post ? card on line / landline mobile by phone

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? yes

 

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

 

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? cant remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? yes

 

Why did you cease payments? on the vanquish card because my wife lost her job and at the same time so did my son so all household bills became my responsibility. the talk talk was canceled by me , due to at least two data breaches ant the mobile was canclled as it was a monthly contract I no longer needed but they carried on charging me for a further 4 months claiming I did not cancel it correctly

 

What was the date of your last payment? 2016

 

Was there a dispute with the original creditor that remains unresolved? yes to both

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

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pop up on the MCOL website detailed on the claimform.
.
 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 for the card

get the above running too for both 

 

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


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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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Hello 

 

I got back from holiday today to find a letter from Lowell solicitors, I have tried to upload it but it keeps failing

 

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Hi The Letter reads as follows

 

We confirm receipt of your recent correspondence dated 17/08/19

 

with regards to the acknowledgment of service, we can confirm receipt of this and the appropriate action has been taken.

 

as you are aware the reference number noted on the right is in relation to accounts held with talk talk and vanquish, the balances of which have been consolidated.

 

Claim 1: TAlk Talk

 

in relation to the above account, as this is former telecommunications matter, it is not regulated by the consumer credit act 1974, this means that the original creditor is not required to retain a copy of the Agreement and therefore we are unable to request a copy of this document. A default notice is a formal letter which is sent to a customer when they fail to maintain payments on their credit agreement. Mobile phone accounts have a service agreement and therefore a default notice will not have been issued as it only applies to the credit agreements, the terms and conditions can be found on the original creditors web site.

 

we have requested copies of the statements and notice of assignments for your attention.

 

Claim 2 Vanquis

 

We have requested copies of the agreement, statement, default notice and notice of assignment. once a response has been received, this shall be forwarded to you. You will appreciate that we are unable to control the time within which we receive a response from our client.

 

As you are aware a county court claim has been issued with deemed service date of the 21/8/19. you should read it fully and respond to the claim aqainst you deem appropriate, you may wish to seek independent legal advice with regards to this matter.

 

Failure to respond to the county court claim within the time frame provided by the court may result in us applying to enter a county court judgment (CCJ) in default to be entered against you. this would mean further costs and could make it difficult for you to obtain credit, morgages, or even some employment whilst it remains unsatisfied on your credit file for six years

 

we trust this clarifies your position. 

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Std letter they send


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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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I need to start my defence, going to sent sar to all parties, but not sure weather to start defence with fact the failed to campily with pap and build from thier 

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Sar why?

 

Dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

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