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    • I don't have any doubts but that if they have breach the contract then they must leave you in the position that you would have been if the breach hadn't occurred. This means that the very least that you shouldn't be out of pocket at all – and in fact if you incurred extra losses having to remedy their breach – by making other arrangements then I think you should be entitled to this as well.
    • On a side note -  I expect Barclays to extend the contact time to the week after. Only because your case isnt a simple one to deal with and they may have to do further investigation.  Let us know what the Adjudicator says... Remember this - The FOS in recent memory have become a dog with no teeth...  
    • CCA is not re-setting the date it is a right?   no CRA showing how can they report a non existent account which is not showing, pay them and if it was then it would just show partially settled and still be there killing your score for 6 years letters may this/that and the other are just threatograms used by the office junkie, Cabot know this,  sit on your hands and stop seeing what is not there"!  Statute Barred is Final end of sure Dx  will respond as well
    • I booked a one way flight online for my wife and I with Ryanair in December '19 for a flight from Spain to UK in August '20. The flight confirmation showed that the cost of the flight was €145.68 and that my card had been debited £133.01.  I don't recall being given the option of choosing to pay in euros or GBP but it is possible that I was.   On 5/2/20 they contacted me to advise that "Due to the non-delivery of the Boeing Max aircraft this summer, please be advised that there has been a significant time change to your Ryanair booking". It was in fact much more than a significant change in that it was a cancellation of a flight on that day from that airport which had been tailored to fit our preceding travel plans so I just asked for a refund, as I could not find a suitable alternative with Ryanair.   The refund was processed and Ryanair sent me an email stating, "We confirm that your refund request has been processed back to the form of payment used to pay for your booking. Your issuing bank will take 5-7 working days to process this refund amount back to your account. The amount refunded to your credit/debit card is GBP 133.01"  When I checked my bank account I saw that they had refunded me €145.68 which when exchanged left me £119.58 leaving me £13.43 out of pocket.  On contacting Ryanair they said it was my bank's fault and not theirs as they refunded the full amount paid.  My bank advised that Ryanair debited my account originally in GBP therefore they should have refunded this amount in GBP.   I made an official complaint to Ryanair which they have rejected stating that I was in breach of their General Conditions of Carriage by not selecting the correct payment option.  I feel that because they did a currency conversion on payment and debited my account in GBP that they should have refunded the GBP amount that they took.   I also wonder how many others has this happened to and I smell a large rat. Could anyone offer any views on this, and/or if I have any comeback and where I could take it please?
    • So I received a further letter and a phone call from Ruthbridge yesterday offering a 70% discount and through a lot of waffle go on to say verbatim (I hung up the phone without admitting who I am):   "If you fail to contact us... we may return the account to our client (cabot?) who may look at alternative activity"   I'm guessing they know it's SB then as there is no reference to court, however they do state that the credit reference agencies will be updated to reflect "partially settled" should I take advantage of their offer - there is no HSBC/Cabot/Ruthbridge account showing on any of my credit reports.   DX apologies if you take it as I am being difficult or dim, however I remain concerned that the CCA request does not contain the words "I do not acknowledge any debt" or similar and because only a debtor can apply for the CCA (as I'm led to believe) then sending for this in 2015 has reset the date of acknowledgement of the debt - has this ever been used by a DCA as an acknowledgement of the debt?   Furthermore with the 2015 letters and 2020 letter having completely different amounts allegedly owed and reference numbers that differ from the original letters from Cabot and the CCA supplied back in 2016 this is giving me a further level of concern over the best course of action.
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Tauty

Lowell Letter of claim now claimform - 2 shop Direct + Cap1 card debts merged

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Hi lads,

 

I have received letter from lowell saying they will take me to court, what should i do next?

 

 

 

LOwell PAPLOC.pdf

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post 2 here

 

you'll need to send 3 CCA request to lowells

 

tell us more about why you didn't pay these.

and their individual history


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

 

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Thanks dx!

 

Do I have to send 3 CCA's direct to lowell, or their solicitors?

 

I had some problems abroad, so was away from UK for a while to sort everything out, so received letter from them recently.

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post 2 here

follow page to for the PAPLOC reply

you'll also need to send 3 CCA request to lowells

 

tell us more about why you didn't pay these.

and their individual history


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

 

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Just checked all of that dx, so my question is - do I have to send CCA's before I am filling PPAPLOC?

Sorry, I am realy bad in all this law stuff 😕

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part of the same process

 

dx


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

 

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Hi lads,

Just received letter from lowell solicitors, that they will try to look for documents I requested, so my account is suspended 🤞

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Good evening lads,

So lowell solicitors came back to me with and provided all credit agreements also all transactions had been made etc.

But none of credit agreements has my signature in it.They gave me 14 days to replay to it, what should I do next?

 

Cheers!

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scan up each CCA return to ONE multipage PDF each

don't need statements for the card.

 

read upload guide carefully

 


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

 

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Will upload when I ll sit next to laptop

Edited by Tauty

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Hi, if you have problems of the view, I will try to make better quality pics. Thanks!

pdf1.pdf pdf2.pdf

pdf3.pdf

Edited by Tauty

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no cap1 agreement there? [1 sd pdf2 duplicated?]

 

the problem if you look at the SD ones..

they are within 3 days of each other

theres no real proof of any agreement number to match either to the agreement no's in their POC

they appear to be for the same value.

theres no proof like IP number of actually who/where online these were taken out

that paperwork can be downloaded from numerous sites inc this one, or come from lowells own filing cabinet and had your details inserted cut/paste in  any photo editing software..

 


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

 

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Shop direct ones, they were taken one form very other one form littlewoods , so what should I respond to them? As they gave me 14 days to respond to all 3 cca's. Thanks

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but neither tell you that [very/littlewoods nor the agreement no's..so what proof is there either are compliant or real ..none..

where the cap1 CCA?

 

no you don't respond either

next move is not yours.


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

 

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Please see attachment pdf3, thats for cap1. Thanks

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worthy a read

 

 


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

 

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Thanks DX, I will have a look there, appreciate your time

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Hi Dx, I received paperwork from court, which gives me 33 days to submit my defence, right?

 

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please complete this:

 

 


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

 

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Hi, Dx

 

Sorry for late reply, I was out of country for a week.

 

1. Lowell Portfolio LTD


2.16.01.2020


3.1)The Claim comprises the following Agreements the Defendant entered into:
a.Shop direct financial services with reference xxxxxxxx and current balance of 762.05
b. Shop direct financial services with reference xxxxxxx and current balance 800.65
c. Capital one (europe) plc with reference number xxxxxxxxxxxxxxx and current balance 324.45
The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.
And claimant claims:
a)The total of said sums being 1887.15

b)interest pursuant to s69 county courts act 1984 at the rate of 8%per annum from the date of assignment to the date of issue, but limited to one year being 143.59
c)costs

 

What is the total value of the claim?2030.74 + court fee and legal representatives cost

 

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?I was in and out of country but lived same address all the time.

 

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

 

When did you enter into the original agreement before or after April 2007 ?After

 

Do you recall how you entered into the agreement...On line /In branch/By post ?Online, never physically signed anything.

 

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

 

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.Account has been assigned to the Debt purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?Cant remember that.

 

Did you receive a Default Notice from the original creditor?Cant remember that too.

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?
Not sure

 

Why did you cease payments?Had problems back home, still having them, so have to live between 2 countries,was sending money back home, then missed payments and couldnt get on track after that.

 

What was the date of your last payment?Cant remember about 2 years ago.

 

Was there a dispute with the original creditor that remains unresolved?No, all of them sold it to debt purchaser.

 

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

 

 

**************

 

I will send CCA and CPR requests tomorrow, or latest monday morning, should I use  first class recorded delivery or should I use normal delivery ?

 

Thanks in advance!

 

 

Also  AoS has been done, so I am going through forum here looking for some good information to fill my defence

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thread in post 16 a good place to read.

 

don't miss your defence filing date no matter what!!

 

i'd use recorded as yo only have 22 days left..

 

only send CPR unless there is a CCA request outstanding from the PAPLOC run on one of the account s

there is no need to repeat CCA's if they have already had one for each and replied to each


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

 

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Hi Dx,

 So lowell solicitors responded to my cpr request, but the only thing they returned to me are  exactly same agreements as I received from lowell earlier this year.

But they havent  provided me other documents I requested on CPR.

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well you need to be getting your defence based on our std no paperwork / holding defence ready to file for tues 4pm.

 

dx

 


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

 

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Hi Dx, I am very late with my defence as I am due to be moving to Canada and the end of this year, so trying to sort out visas ant all paperwork required for my family and myself, really  didn't had much time  for this, please could you have a look if that looks ok or not.

 

Particulars of Claim

1)      The Claim comprises the following agreements the defendant entered into:

a.      Shop Direct financial services with reference xxxxxxxxx and current balance of £762.05

b.      Shop Direct financial services with reference xxxxxxxxxx and current balance £800.65

c.      Capital one (Europe) plc with reference xxxxxxxxxxxxxxxxxxxxx and current balance of £324.45

 

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

And the claimant claims

a) The total of the said sums being £1887.15

b) Interest pursuant to s.69 County courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue but limited to one year being £143.59

c) Costs

 

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.

 

1. Paragraph 1 c. is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant by way of a CPR 31.14 Request on 28th January 2020. 

 

2.  Paragraphs 1 a & b  are noted. I have had catalogue agreements in the past with various companies.  However, I do not recognise the account numbers or outstanding balances referred to by the claimant.  I have requested clarity by way of a CPR 31.14 request on xxxx January 2020.

 

3.  I have not received Default Notices from any the above original creditors.

 

4.  I am unaware of any legal assignments or Notice of Assignments allegedly served for any of the above creditors.

 

5. Having made requests for copies of each agreement referred to within its particulars by way of a section 78. request pursuant to CCA1974 the claimant has responded with various copies of reconstituted agreements and random terms and conditions which appear to be unconnected. Some are void of or contain different agreement numbers to which the claimant refers to within it particulars .Some are void of the required prescribed terms and lack proof or clarity to which were manual or online applications etc. with the necessary  on line verification tick box confirmation of what IP address was used. Some request that the agreement be detached and signed and returned for execution.

 

It is therefore denied that the claimant has fully complied with my requests and what has been disclosed is the actual executed copy of the agreements relied upon. It is my understanding that the claimant remains in default and prevented from enforcing the agreements that it refers to within its particulars of claim.

 

 7. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, for the above four agreements referred to, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into the various agreements; and

(b) show how the Defendant has reached the amounts claimed for; and

(c) Show and evidence the nature of breach and service of each Default Notice for the above 4 agreements pursuant to sec87 (1) CCA1974

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

 

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

                       

9. On the alternative, if 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.

 

10. 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.

 

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looks ok as its based on andyorch's one here

 

 

 

but let andy check it 1st

you should get away with being late as your are a LiP.

 

dx

 


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

 

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