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    • Updated, in bold, my apologies.   1. 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.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I have had past financial dealing with HBOS but I do not recognise any details of the agreement number referenced. The Claimant fails state what type of credit this agreement relates to in their vague particulars of claim.    3. On receipt of the claim form, the Defendant sent on date 28 August 2020 a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied 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 and evidence any cause of action and service of a Default Notice  (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;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. 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 82 A of the consumer credit Act 1974.    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.
    • I would suggest a couple of extra bits -   Dear Sirs please note that in July 2019 I lived at xxxxx but my current address is xxxxx. I would suggest you tell your client to either employ people with a modicum of common sense or intelligence or buy a better ANPR system that is capable of recognising a simple reg number error. On the day in question payment was made via the RingGo app according to the enclosed receipt.   A simple cursory cross-check of vehicle parking payments versus the ANPR records would show that Premier Park Ltd received payment for parking of a vehicle not detected by the cameras.   The timestamp of this payment coincides with the time when the vehicle specified above was picked up by ANPR.   No money was refunded so Premier Park Ltd have already been paid for the parking used on the day.   Their records should be updated accordingly.  If required I would provide this evidence in court to demonstrate that Premier Park Ltd have been paid for vehicle parking on the date in question and that the claim arose only due to an administrative error.   Your client have suffered no loss for which to pursue me.  I'm sure you're aware of the term “de minimis”. I also point you to new Appeals Charter from their supposed independent organisation the BPA, whereby they state ...this will remove many of the perceived and real injustices, for example, a permit falling off a dashboard or a simple keying error. I could do with financing a winter holiday so if your client wishes to proceed to court with this matter I shall enjoy obtaining a full costs order for unreasonable behaviour under CPR27.14(2)(g). Regards COPIED TO Premier Park Ltd.   As you've never told Premier Park your new address it's not impossible that they might try to resurrect this claim in future and send the court papers to your old address and you'd know nowt about it.  Another reason for also sending the letter to Premier Park is that this fleecing isn't confined to PPC v motorist, unscrupulous solicitors are quite willing to start court action even though they know their client will lose to get the £££ in. I've also been a bit more abusive to show them you're not frightened of their threats 😉      
    • Hi all   On checking my credit file, I found a CCJ from ASSET LINK CAPITAL. Upon checking with the court, they have sent the POC to me by email which states:    The particulars of the claim are:  THE CLAIMANT CLAIMS THE WHOLE OF THE         OUTSTANDING BALANCE DUE AND PAYABLE UNDER AN AGREEMENT REFERENCED 4929107********  AND    OPENED EFFECTIVE FROM XX/XX/2000. THE        AGREEMENT IS REGULATED BY THE CONSUMER       CREDIT ACT 1974, WAS SIGNED BY THE DEFENDANT AND FROM WHICH CREDIT WAS EXTENDED TO THE    DEFENDANT. THE DEFENDANT FAILED TO MAKE      PAYMENT AS REQUIRED AND BY **/12/2015 A      DEFAULT WAS RECORDED. AS AT 30/09/2016 THE   DEFENDANT OWED BARCLAYCARD PLC THE SUM OF    809046. BY AN AGREEMENT IN WRITING THE       BENEFIT OF THE DEBT HAS BEEN LEGALLY         ASSIGNED TO THE CLAIMANT EFFECTIVE           30/09/2016 AND MADE REGULAR UPON THE         CLAIMANT SERVING A NOTICE OF ASSIGNMENT UPON THE DEFENDANT SHORTLY THEREAFTER. AND THE    CLAIMANT CLAIMS- 1. 81**** 2. INTEREST       PURSUANT TO SECTION 69 COUNTY COURT ACT      (1984) AT A RATE OF 8 % PER ANNUM FROM       30/09/2016 TO 14/02/2020 OF 208571 AND       THEREAFTER AT A DAILY RATE OF 171 TO DATE OF JUDGMENT OR SOONER PAYMENT. DATE 14/02/2020                                                 The claimant details are:  ASSET LINK CAPITAL (NO5)  LIMITED   The claim amount details are:   Amount Claimed  £10***.17 Court Fee  £457.93 Solicitor Costs  £100.00 Total     £10***.10   The claimant solicitors’ details are:   KEARNS SOLICITORS BRECON HOUSE 3 CAERPHILLY BUSINESS PARK CAERPHILLY CF83 3GQ Telephone: 0292 0808668 Reference: 4929107***********   I've removed certain info to try and provide some anonymity, I hope that doesn't muddy anything.   The CCJ was obtained by default after they wrote to my old address.   Back in 2015, I CCA'd Barclaycard and they sent a standard response with reconstituted EGG T&C's which state 'Applicable to customers who applied from 01 October 2001'.  As the POC confirms, I opened the account in 2000, before the supplied T&C's would have been applicable.   It also included a Barclaycard Credit Card Agreement with my details filled in (including my address in 2015, not in 2000)   I stopped payments at the time of sending the CCA.   I haven't made any payments since (though I appreciate it's not SB)   I want to apply for it to be set aside and would appreciate any help in what to use as a 'draft defence'   I don't believe that Barclaycard complied with the CCA request so would the account have been effectively in dispute since 2015?  If so, would it be wise of me to supply a draft defence along the lines that I wrote to Barclaycard in 2015 and consider the account to have been in dispute since that time?   My goal is to try and keep any application to set aside simple..    Alternatively, would it be better for me to simply state that without any documentation from the creditor, it's impossible for me to set out a complete defence and ask the DDJ to be set aside along with an order for the Claimant to provide all the necessary documentation?   Thanks in advance!    
    • Good afternoon Everyone,    Im new here and was advised to come here to try to help get some answers!   I recently received a letter from Lowell about some debt that is roughly 5 years old now.    It’s for EDF energy and capital one credit card both on the same claim form?   im not sure it’s even a legit claim form but how would I know?   I just don’t know what to do about it ? Ignore it or contact them?   thank you all In advance.     
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Lowell Claim form - Provi Doorstep Loan online signup.


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Fine just done a few tweaks on the above......please check it over again.   I have added :-   (b) show and evidence the nature of breach and service of a default notice/termination

some notes i've made tonight:   point 19.. go thru the claimants WS and note down the ws point number everytime and relation to which exhibited document they state that the document is

I would go with the following....please feel free to amend or add.   WITNESS STATEMENT OF Baycloves.pdf  

Posted Images

I've received a directions questionnaire from the court.

 

My understanding is I send a copy to them and a copy to Lowell solicitors.

But Lowell will have my telephone number and email. Is it acceptable to make a copy with just my name and address for Lowell?

I don't want them contacting me.

Should I be sending these recorded?

Thanks.

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Leave you personal contact detail off the Lowell copy.

Normal postage should suffice but get a receipt.

 

Andy

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  • 2 weeks later...

Today I received a letter from Lowell along with a Tomlin order.

They state they will use it against me to show it could have been settled without going to court.

 

They seem to have contacted Provident who advised them they have not upheld my complaint. 

It also states I should reply within 14 days.

Should I proceed to wait for mediation?

Can I dispute any of the docs they sent to me?

 

 

Lowell-Tomlin-Order_compressed.pdf

 

I've been reading further and it seems I could negotiate the balance if agreeing to this order. I'm trying to identify the strength of my case as I'm really unsure. If there is slim chance of winning would this be a better option?

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pages 6+& have name

page 13 has ac numbers

 

removed upload

 

std begging letter they send on all claims if you read like Lowell claimform threads here.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 1 month later...

Hello, small update on my case.

 

A default appeared on my Experian file last month.

The dates shows it was last updated in 2017 but the default only appeared last month.

It also shows account settled on 28/02/2017.

 

Does this suggest I made a payment or does this mean they sold it?

 

Obviously, no payment was made so I'm wondering what this is about.

I have queried the default with Experian.

 

I keep monthly screenshots of my account so I know for sure it was placed last month.

 

Can this hurt or improve my case?

I'm currently waiting for allocation at court.

Mediation called and asked if I wanted to make payments and I said no, they then said it was not suitable for mediation.

 

default.png

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irrelevent

 

so you've not had your n157 Notice of Allocation from the court yet?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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strange

just as a check

what does mcol say with regard to the status of the claim?

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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I've just checked and the status is

 

"Your claim was transferred to BIRMINGHAM on 14/11/2019"

 

The last I've heard is the phonemail from mediation. No mail received. Should I be worried about this?

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no local courts can be very slow depending upon case loads.

 

as long as the org claimform had your correct and current address on it, it's just the above.

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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A claim was issued against you on 30/07/2019

Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49

Your acknowledgment of service was received on 01/08/2019 at 08:05:52

Your defence was submitted on 30/08/2019 at 23:17:46

Your defence was received on 02/09/2019 at 01:06:05

DQ sent to you on 27/09/2019

DQ filed by claimant on 27/09/2019

You filed a DQ on 23/10/2019

Your claim was transferred to BIRMINGHAM on 14/11/2019

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  • 6 months later...

open

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Thanks for re-opening my thread.

 

I received NOA in December '19 with a hearing date on 28 July '20.

 

This morning I received a letter from Lowell. 

 

The NOA states the claimant has until 30 June to pay court trial fee.

 

The letter I received from Lowell advised I need to make full payment by 25th June so I'm assuming they will proceed with court if I refuse contact. They sent Tomlin order also.

 

I intent to go all the way but my question is,

will I be requested to make a witness statement or is this something I should have done already?

 

A little confused about this based on what I've read. 

I've had a look at a few other threads and found this one encouraging 

 

Lowell_Final_Request.pdf

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Have not read the thread but the debt job will bluff all the way to the last second that they will take you to court and smash you to pieces. Just play a straight bat and do what you need to when you do and take it one step at a time.

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if you have a court date

the letter will also state the date you both must exchange witness statements by..

have another read of page 2 

 

as for the Lowell letter, std gumph they send to every defendant.

 

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 2 weeks later...

Doesn't give me a date. It does state within 14 days. I received claimant witness evidence from Lowell today to my email. Should I be creating a witness statement and emailing to the same address? I've attached the document Lowell sent. Can you let me know what you think? I'm not feeling optimistic about this. Thanks.

xxxxxx_-_Claimant_Witness_evidence_-.pdf

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NOT IT DOESNT STATE WITHIN 14 DAYS

IT SAYS BOTH PARTIES MUST EXCHANGE WITNESS STATEMENTS BY 14 DAYS BEFORE THE COURT DATE I SUSPECT IF YOU READ IT PROPERLY?

opps sri caps 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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4 hours ago, baycloves said:

Doesn't give me a date. It does state within 14 days. I received claimant witness evidence from Lowell today to my email. Should I be creating a witness statement and emailing to the same address? I've attached the document Lowell sent. Can you let me know what you think? I'm not feeling optimistic about this. Thanks.

xxxxxx_-_Claimant_Witness_evidence_-.pdf 3.38 MB · 4 downloads

 

 

Yes ...you previously stated the hearing date at post# 40  " I received NOA in December '19 with a hearing date on 28 July '20. "

 

Therefore you must file and serve by 15th July 4.00pm.

 

Andy

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Yes, that is what I meant. 14 days before the court.

 

I've had a go at a witness statement, taking some ideas from others.

I do believe I may have stated some things that are not true but hope I can be corrected on those.

 

I've also attached the letter I received from Provident.

I'm not sure if this helps or goes against me.

 

here's my 1st draft.. I will fix exhibits later.

 

1) I understand that the claimant is an Assignee, a buyer of defunct or bad debts which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already written off as a capital loss and claimed against taxable income.

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

2) On 30/07/19, I received a claims form from the County Court Business Centre, Northampton, for the amount of £369.84. The claimant contends that the claim is for the sum of £369.84 in respect of monies owing under an alleged agreement with the account no  pursuant to The Consumer Credit Act 1974 (CCA).

 

3) The Claimants pleaded case is that the Defendant entered into an agreement with Provident subsequently assigned to Vanquis Bank Limited under account reference xxx. I am uncertain as to which account this refers to. It is accepted that I have had financial dealings with Provident in the past however I have no recollection of the alleged account number the claimant refers to.

 

4) In February 2019 I made a formal written request to the Claimant for them to provide me with a copy of the Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974. Acknowledgements dated 27/03/2019, 22/04/2019 and 06/06/2019 advising the case was on hold. [EXHIBIT x, x & x]

 

5) On the 21 June 2019 the Claimant sent a response which enclosed a reconstituted copy of the agreement, default notice, notice of assignment Provident to Vanquis, notice of assignment Vanquis to Lowell. [EXHIBIT x, x & x].

 

6)On xxx, I made a Subject Access Request to the original creditor Provident. Additional information was requested following the receipt of documents. Provident stated an electronic agreement that consisted of receiving a pin would accept the loan agreement electronically. Provident were unable to expand on the electronic agreement only providing an email address they allege I used to accept the agreement with an electronic signature. [Exhibit x]

 

7) The Claimant particulars stated I entered into a Consumer Credit Act 1974 regulated with Provident Personal Credit Limited on 26/11/2015. The Claimant makes no mention of an electronically signed agreement instead producing an unsigned reconstituted paper agreement.

 

8. Further to the Subject Access Request submitted to Provident, the notice of assignment produced by the Claimant was not submitted. Provident stated it is not something they would have sent. Although represented as themselves, signed by the head of Provident Central Collections and as the original creditor, they have no record of it being sent and do not have access to the original. [Exhibit x]

 

9) I deny any communication took place between myself and Vanquis. As the responsibility of the original creditor, no such notice was issued. Notification of a previously unrecognised Vanquis Fresh start was never given.

 

10) Contained within the claimants particulars the claimant states that the account was subject to assignment from Provident to Vanquis. The claimant states a further assignment to them occurred on 12/06/2017 with notice given. I did not receive either document on any of the alleged dates. 

 

11) The claimant acknowledges a change of address occurred between the alleged agreement and current address. The claimant states documents were received at both addresses. The claimant cannot prove when change of address occurred and since the claimant would not have issued either notice of assignment, such claims are unsubstantiated.

 

12) The claimant states that a default notice was issued on 18thJanuary 2017. Upon further inspection, the notice of default provided by the Claimant, is dated 18thJanuary 2017. The payment date requested by Vanquis Bank Limited is by 28th February 2017. The formal Notice of Default that was allegedly enclosed at the same time has a requested payment date by 28th February 2019. The Claimant allegedly took legal assignment of the account on 21 July 2017. Any payments made toward the account is advised to be forward to the Claimant beyond this assignment. (Exhibit x, x)

 

13) I argue that this is not in fact a COPY of an original default notice, that they state was issued during February 2017, but that this is a fabricated version of a default notice created by Lowell. Either way the default notice was not issued by the assigned creditor (Vanquis).

 

14) It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor of a regulated agreement.

 

15) Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

LetterFromProvident.pdf

 

I've tried to include things that I think matter but probably do not. 

I also have the letter that prompted the response from Provident I sent after getting the SAR request docs. 

I tend to get carried away with complaints so won't include it with my statement.

 

And also, if relevant, the email address Provident gave is one of my old addresses which I still have access to and can see Nov 2015.

 

I genuinely do not recall any electronic signatures nor receiving a pin.

I have no emails from Provident around the date in 2015.

There is one where I enquired about an agent on Twitter and that's it.

Provident Request.pdf

 

Can anyone explain this to me contained in Lowell's  witness statement please

 

Quote

The Agreement fixed term expired on 5 May 2016. Accordingly no Default Notice in Consumer

Credit Act prescribed form was required because before the Assignor sought to enforce

terminate or assign the benefit of the Account, the Agreements’  fixed term had expired and

the full balances had fallen due in the normal course of time rather than by operation of any

term or condition providing that early repayment would fall due on default. However, we are

informed a Default Notice was issued on 18 January 2017, a copy exhibited hereto at “RC4” .

 

Can I add to my statement, the claimant admits having to rely on being informed documents were issued but has no proof when or if any documents were ever issued. 

 

One last question..

 

can I respond to points Lowell made in their witness statement?

In my previous response I mentioned I may have stated things that aren't true in my witness statement. 

 

I meant I may have added things that are not relevant or do not apply such as the original creditor being responsible for issuing notice of assignment etc.

Thanks.

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provident have not supplied a witness statement and won't

the claim is nothing to do with them.

 

neither do provident have to supply a notice of assignment.

this can be done by the assignee on behalf of the Assignor.

 

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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OK. I'll remove all the Provident information. What about the default notice? Is this a relevant point?

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Quote

One last question..

 

can I respond to points Lowell made in their witness statement?

 

 

You should be responding to every point...that's the whole point of your statement...agree or refute.

 

With regards to their paragraph re default notice....Its irrelevant whether it was a fixed term...if there was a default in payments during the fixed term..then a default notice must be or was issued.

 

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 OTHERS

 

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

 

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

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How can I word this in my statement please?

I've put a whole paragraph of it being fabricated and not issued correctly but they say it isn't needed anyway.

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