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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
    • Dx100uk according to the ICO office, who I spoke to at some length earlier today after getting the email from the court, Equita are the data controller if they have instructed the contracted EA. The ICO have noted the case, and stated very clearly that the court has the higher standing in terms of dealing with, and punishing either party if they fail to adhere to the district judges order and any action they take will not be criminal.    but they also stated very clearly that with what I’ve told them, and on the basis of accepting what I’ve told them as gospel (which it is with written confirmation from both the courts and the police) then there is some major red flags being raised on both sides with them blaming each other.    they’ve advised me to essentially keep my powder dry until there is a charging decision and an outcome from the seperate proceedings with the EAC2 complaint, and then come back to them with the case and they will be in a stronger position to act against Equita and the EA as there will be established facts and evidence that have already been laid before a court.     
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Lowell Claimform - 4 merged debts - 3 cat + Cap1 Card


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Hi guys

 

4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week. 

 

I also received a notice of assignment from them for an old Vanquis account. 

 

I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order. 

I guess I will have to send them details of income and expenditure. 

 

My question is,

do I need to give my husband's details? 

 

We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.  

 

Many thanks for reading x

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Hi guys

 

I received copies of my credit agreements from Lowells for old catalogue debts.  I have attached one of them; would someone be able to advise me whether this is the correct document they sent me before I go paying them?  The debt has been sold onto them.

 

Thanks so much x

credit agreement.pdf

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Date taken out is important...can you confirm ?

 

Andy

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Is this connected to your previous thread Lowell CCA response in Debt Collection Agencies Forum ? 

 

You never send an I&E to a debt buyer...you never admit or acknowledge a debt either until we have all the details of the the debt.

 

Andy

We could do with some help from you.

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Hi Again Andy

 

Yes it is.  Thank you, I haven't acknowledged anything yet, I refuse to speak to them.  I have sent them CCA requests and they have sent me back some documents but I don't know if they are the correct ones.

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Okay I have merged your threads lets keep this all together...can you list the four alleged accounts..original creditor ...date taken out and amounts outstanding.Whether you have ever been issued default notices./Notice of Assignments etc.

We could do with some help from you.

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Thank you Andy

 

Original Creditors:

 

J D Williams Balance £375 - ? No date on Credit Agreement

Shop Direct Balance £1,128 - October 2013

Shop Direct Balance £1,490.55 - June 2013

Vanquis Balance £3,500 - will need to look when I get home this evening, sorry

Capital One £290 - Date taken out July 2010

Lowells are showing up on my credit file for 2 mail orders and cap 1 and i have received Notice of Assignment this week for Vanquis

Defaults also registered on my credit file

 

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Thanks...so in the the upload above have Lowell not confirmed on its cover letter which agreement that refers to ?

We could do with some help from you.

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No, not for that particular one.  There are 2 shop directs which they have put on their letter but I don't know which of the catalogues these refer to.  Also I notice on my credit file I have a default from Shop direct and a default from Lowells for a similar balance? I think they might be the same account

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Duel reporting on the same agreement is allowed...its the same debt same agreement number....eventually the original creditor will fall away after assignment.

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I have had to unapprove that upload...name and personal details unredacted.

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Barely legible....unless thats your scanning quality...so you have 1 online application and 1 normal application for two of the agreements.

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did you sign, fillin and return their copy as it says??

 

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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not according to the top line?

 

looks like it was sent to you by royal mail

and you certainly cant digitally sign via an email either

digital signing is done online on their website.

 

so, who would ever though..Lowell inserting your details on a blank they have from their filing cabinet..and claiming it a true copy!!

whatever next.

should be pages of T&C's with each agreement too!!

 

what date was this taken out

when was your last payment?

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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No honestly I didn't send anything via Royal Mail!! 

I definitely did all this online and just ticked a box.

 

I notice they have "Further Terms and Conditions" on their document - is this what you meant?

 

The 2 shop directs were taken out in June and Oct 2013 and last payment made July 2018

 

What would you suggest I do? 

I don't want to go to Court (I have enough to deal with atm :-( ) . 

I tried paying the companies direct but they won't let me.

 

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well until they comply with enforceable paperwork for each debt

you pay nothing

and most certainly never ever give a DCA an I&E!!

 

 

 

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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Thanks so much guys, should I ignore them or wait until they decide to take me to Court?

 

Just out of curiosity what should a credit agreement look like/contain? xx

 

Just noticed something on their covering letter.  They have consolidated all the accounts.  Also the two shop direct balances are wrong.

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Please relax about ''Court''!!

 

You've been reading too much of their own garbage on their websites.

 

And you can most definitely ignore the rubbish they print on their letters, it's all very cleverly designed psychological mumbo jumbo, printed by a computer.

 

You ignore them for as long as they fail to send you what you demanded, and then it must be enforceable or you can continue to ignore.

 

Well if they've consolidated all of the accounts then they're going to lose, unless you have taken out another credit agreement with them and signed a fresh document, they're going to find it extremely impossible to even get it in front of a DJ, least of all force you to pay!

 

 

 

 

 

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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