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    • If they changed the terms and conditions of the original agreement in respect of which you paid the deposit then yes you can certainly recover it.  Have you tried and have they refused?
    • see post #425 above: I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale ...   could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead? It would certainly side swipe the lender and receiver if this other entity did this
    • Hi, no problem at all. It's a Vauxhall Grandland X and I can confirm that the service history is not stored in the vehicles computers or online. The vehicle is financed through Black Horse on a PCP. Thanks, Steve
    • Thank you so much for all the information you all have provided! I really appreciate it.  dx I will definitely speak to the TFL prosecutor before the hearing if I can find them to beg for an OCC.    Just to update. At the start of this journey I reached out to many organisations and advice centres but no one responded. However, a few days ago I received an email back from We Are Advocate, that a barrister has volunteered to help me with my case. He said it is his job to get the best possible outcome for me. He suggested I get some character references, which I have done and will be receiving over the course of the next few days.  He also told me: Unfortunately, you WILL be left with a criminal record if you are convicted! You do not stand convicted of the offence  YET. You can only be convicted if a) you plead guilty AT COURT or b) you are FOUND guilty after a trial in open court. So that answers one of our questions.    I have asked him lots of other questions and I'm just waiting for him to reply.  So glad I will not be facing the court alone.    TD
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Lowell claim form - old studio debt***Claim Discontinued***


23sopwith
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They didn't make a claim.....Lowell did.

We could do with some help from you.

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Once Lowell purchased the debt....studio are irrelevant..the debt belongs to Lowell

We could do with some help from you.

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Mrs has received almost identical claim to this including date of purchase of debt.

received PAP from Lowell solicitors cca them immediately receipts kept.

No answer within time frames

 

then got docs after request from them to contact of identical to the thread starter, 30 plus days.

 

Nothing then claim form

entered abridged defence via mcol.

 

Have received form for directions from Lowell solicitors do I need to do same.

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I have created your own thread  23sopwith please continue to post here.

 

If we could have some background details..please read the following link and the copy and paste the Q,s and your responses back here.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

Yes you must complete and submit your DQ by the date stated.

 


Andy

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Then check the status on MCOL and see  if the claim has moved to Allocation...if it has then you will receive your blank  DQ shortly...if it s not and still at defence submitted then Lowell have jumped the gun in serving you their copy.

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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Still at

defence submitted

 

Lowell letter dated 10/09

DQ not dated

Claim letter and particulars identical to bloodline 67 Docs

 

received after VAC request

 

almost identical apart from amount owed they couldn't be using a template letter.

 

I still find it hard to believe how a dormant company can trade and then ask a DCA to recover alleged debt

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whats a VAC?

 

the debt is SOLD to the debt buyer, makes no odds the co that sold it long ago doesn't exist

 

con we please have the Q&A in post 7 done

and

a copy of the defence you filed 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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  • 1 month later...

Got to stage where case allocated small claims transferred to local court need to put in full defence 28/11

 

lo and behold letter from Lowell contains Tomlin order proposal letter

also admitted they couldn't provide docs 're cca request.

Is Tonkin a cop out for them proving case

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std letter they send of every Lowell claim if you go read a few Lowell claimform threads

which you should be doing between the stages of your claim.

 

get your skates on

you witness statement [not a full defence - whatever that is??] needs to be sent by 14 days before the hearing.

 

 

need that Q&A doing too which we asked for 2 months ago 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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Got past claim form stage months ago

never seen Lowell apply for Tonkin before

please point me in right direction 

 

No hearing date been set yet

but court has asked for witness statement by 28/11 and copy to Lowell 

 

Again I ask is Tonkin order a ploy for Lowell not to have case heard as they have no proof

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Tomlin=.. you giving in.... in truth its a begging letter from them

As any Lowell claimform thread

 

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

a consent order - a Tomlin Order, stops the case going to court.

 

They might succeed in a judgement, depending upon the evidence they have, your defence and witness statement and judge lottery.

likewise you might succeed, and the claim is struck out. 

 

by entering into a tomlin effectively you are admitting to the debt and have to set up a mutually agreed payment plan that should you fail to keep - the CCJ would automictically be registered.

 

you might have gone past the claimform stage weeks ago, but we still don't know what they are claiming in their particulars nor the history of the debt

to date you have failed to complete the link in post 7 giving us those required details

and we have yet to see the defence you filed either

 

both are critical to enabling us to comment upon any witness statement ideas you post up to being correct or crap.

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...

Looks like you've won

Let us know

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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  • AndyOrch changed the title to Lowell claim form - old studio debt***Claim Discontinued***

Thread title updated...well done.

 

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 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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don't forget to donate if you can...

 

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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