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    • mcol always has fits on a W/ends   try Monday when its gets reset.   dx  
    • Name of the Claimant ? Capquest Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 10/10/19 Your acknowledgment of service was received on 25/10/2019 at 16:05:14 Your defence was submitted on 07/11/2019 at 09:55:10 Your defence was received on 07/11/2019 at 12:05:11   Particulars of Claim Not sure how to view this at the moment, as its not listed on the views I can see online. Will route out the paper copies and update in the morning. It is a Shop Direct / Littlewoods   What is the total value of the claim?   £3000   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes - Which I ignored as it might have been within the 6 years for SBD 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? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes - catalogue When did you enter into the original agreement before or after April 2007 ? After, in 2009 Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Only have CreditKarma - which it showed on until recently , but not anymore 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. Capquest Were you aware the account had been assigned – did you receive a Notice of Assignment? I can't remember getting one Did you receive a Default Notice from the original creditor? Probably, but it was a while ago so not sure Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? in 2013. Not sure exactly but it was early in the year. What was the date of your last payment? Early 2013   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? In 2013 early, but they never accepted.
    • Thanks Andyorch.   Damn. I misunderstood your comments on post #170 about timescales. I read "don't let a claimant impost time deadlines.........they impose the time limit because they have to pay the hearing fee". I can print a letter tomorrow and get it back first class though so they will received it Tuesday.   Is it a case of just filling in their 1-page paperwork/income/expenditure form (as we've gone through the CCCS/Stepchange, I will just add in the same figures which are correct) and wait for their reply? Or should I include a letter?   Also, if £2947 is owed, is there a sensible amount to propose owing such as the £1500 over 60 months which has been suggested?   Thanks    
    • So, after several months, got response back from Aviva. "We confirm that Aviva is not responsible for investigating sale of PPI. This is because policy was arranged & sold by EPF. They were therefore acting as your agent in this matter; there was no agency agreement between Aviva & this firm so Aviva cannot accept responsibility for any advice that they might have given.  HSBC are responsible for investigating these complaints, so I have sent them your details and have asked them to contact you.  Although Hamiton Life, now part of the Aviva group, were the underwriter of the policy in question , we were not responsible for the sale, or any associated lending. As such, you should direct any enquiry regarding undisclosed commissions to the lender who provided the finance that the PPI was protecting to progress this element of the complaint". So where do I go from here? I contacted HSBC again before deadline, got response back from them saying they were not responsible either. 
    • Thought this had gone away but Llowell have sent a letter to my daughters address, I have never lived there and although I moved address 18 months ago all my mail was being redirected so I know they have never sent anything to the address the contract was under.   They must have checked my credit file for some reason as many years ago I took out a contract phone with 3 mobile in my name for my daughter as a present and paid it for the first year she has paid it ever since.   The letter is giving me 30 days to make contact or they may issue a claim. The amount they are asking for is £794.00   I intend to write to them asking for a detailed break down of the invoice and for a copy of the assigment notice as they say the account has been assigned to them.   Should I be asking for a copy that should have been sent to me by EE? I dont understand why they would write to me at my daughters when all correspondence in the past fromm EE and Moorcroft has been to my previous (the contract) address unless they were trying to get a back door ccj.
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johealey

Lowell claimform - old disputed Studio Cards debt

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It will be the scanning quality.

 

Their letter has a printed signature on, not an original signature.

 

There is nothing that contains my signature, so if you look at the credit agreement which does look like a copy, the only input on there is the date of November 2011, it doesn't contain my signature anywhere on any of the paperwork that they have supplied.

 

Attached are photos of the documents that they sent me - ignore the black mark on the agreement, this was where I went through the personal info with a marker pen

 

 

 

docs2.pdf

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And you state you applied for this credit agreement on line ....and yet the agreement states the agreement is none cancellable you have no rights to cancel the agreement...mmm?


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Does that mean I need to add something into my defence, or is it a completely different approach now?

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A regulated agreement is not properly executed unless

  • A document in the prescribed form, itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner; and
  • The document embodies all the terms of the agreement, other than implied terms; and
  • The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible.

http://www.legislation.gov.uk/ukpga/1974/39/part/V/crossheading/cancellation-of-certain-agreements-within-coolingoff-period


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

 

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ok thank you.

 

Do I add those lines above to my defence as well or do I just use those lines above in my defence?

 

Sorry, this is all going waaayyy over my head now!

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No...retain it for your statement should it proceed...simply add after your comment re section 78 and that they complied, that the purported agreement is lacking all the prescribed terms and therefore unenforceable...then let them try to decide in what way.


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Check post #41 now I have added it to the defence.


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Amazing thanks so much :-)

 

Am I good to go and post up #41 onto the online website to submit my defence now please?

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Yes providing your happy with the contents.


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

 

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Fab thanks, all done and submitted - now let's see what happens :-)

 

Thanks for all your help so far,  I will  donate to the site - thanks again!

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:yo:


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Just to update you.........I have now received a letter from the Courts, to say that they have received my defence and that a copy is being served on the Claimant.

 

Now I just sit and wait for next steps :-)

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what else does the letter tell you...

 

dx

 


..

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so what does the 2nd  Paragraph say....


..

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im not asking to see it

I know what it says

you need to READ  and UNDERSTAND  IT..

 

dx

 


..

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As an update, I have now received the attached N180 form as an offer of mediation - this is the first time I have ever seen a form like this so I have been having a quick read on the site and will have more of an in-depth read over the weekend and see what I need to do.

 

If anyone could give me any pointers, would really appreciate it and this is alien to me so I now need to do some homework :-)

Mediation Letter Nov 2019.pdf

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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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oh wow thanks, is it really that simple at the moment :-)

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I have now received the relevant forms "notice of proposed allocation to the small claims track" Form N149A

 

I just have a few questions please:

  • Do you agree to this case being referred to to the small claims mediation services - yes 
  • Add contact details - yes 
  • Do you agree that the small claims track is the appropriate track for his case - yes 
  • Enter local County Court venue - yes 
  • Are you asking for the Court's permission to use the written evidence of an expert - do I answer yes or no here please?
  • Witnesses - I assume just myself?
  • Would I like to settle your case without going to a court hearing - I assume yes?
  • I can confirm that I have enough information about the claim, to allow me to enter into negotiations - I assume yes?

Would someone be kind enough to point me in the direction of another case similar to this please so I can have a good read and make sure I am doing this right?  Would really appreciate it, thanks :-) 

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Okay N180

 

A = yes ...dont worry its not an admittance and most probably wont even happen but all parties are expected to participate.

 

B = Self explanatory

 

C = Yes

 

D = D1 =At your local court you are the litigant defendant

D2 = No

D3 = 1

D4 =Self explanatory

 

Copy to court/claimant and one for your file.

 

 


..

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