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    • Thank you for the reply - I'm half expecting them to either drop the whole thing or to spring the "We had to tell the court that you don't want to pay so we're going to restart proceedings" idea given the language in the consent order that I signed with them. Going to read up and prepare to defend in case they fancy playing that game. It'd be nice if they would actually play by the rules for once...
    • Hi, I'm not sure if I'm asking this in the correct forum.   Ill try to be brief   - last October I contacted a h2b company that said I was eligible for up to £200 off every window and door. I agreed to a company to come and quote.   The quote was given, the windows and doors installed. The initial installation was incomplete however the people installing said for them to be paid for their part I needed to sign both a form that said what was left and that they had done their part. This form was actually an agreement to release the funds from the finance company. I disputed this.   Fensa came to inspect my property finding multiple errors (improper sealing) in addition to those I found (chipped and damaged beading, poor finish and damage to an internal door and blind). The company returned to fix the issues Fensa identified.    I compiled a very hefty report and sent to the window company complaints team with pictures showing the faults. They did apologise and have attempted to remedy some of the issue.   I asked for a price breakdown in December to check exactly what each item cost. This was done as I had agreed to have sills in addition to the windows and i received capping boards instead (i didnt need capping boards).   The price breakdown shows no indication of any saving made as promised by the h2b company. When i highlighted this to the window company they said what they had provided was all they were giving me. I complained again and was given an explanation stating that they gave me a different saving that was larger than would have been offered by the h2b company in the first place. This was not indicated to me at point of sale.   Being that it has been a year I am wondering if I should contact the financial ombudsman about this. I feel as though I have been miss old this product and the company has been dishonest and unhelpful.   Any advice would be great.
    • Hi everyone,    They started sending threats:   Wednesday:    We have been instructed to proceed formally on this claim in 7 days in respect of the balance due to Photo Studio Group unless discharged or an arrangement made. This will result in a formal Letter Before Claim and Court Proceedings.    Thursday :    It's not too late to stop legal action. Settle the £1182.89 due to Photo Studio Group.    Friday 8:23am :   The £1182.89 due to Photo Studio Group is overdue we are now instructed to proceed with a formal Letter Before Claim.    Friday 6:28pm:   We are now considering whether to issue Court proceedings to recover £1182.89 owed to Photo Studio Group.        
    • Hi Guys, I would appreciate any advice you can give.   In mid September this year we went to a Caravan company to look at potential caravan purchases, we found one caravan that we liked it was a 2018 model,   however when talking to the salesman we expressed concern that the settee and the bed mattress seemed to be of very poor quality and lacked any real support. The settee and mattress also seemed older than the year of manufacture would suggest. The salesman assured us that the fittings were manufacture fitted and that was, 'Just how they are'. He agreed to look into the matter for us.   As a result we paid a £1,000 deposit on our debit card, the salesman asked us to sign a contract for sale regarding the caravan informing us it was 'a receipt for the money we paid'.   We were due to collect the caravan this week, however, during the period from signing the contract we felt that we were being mislead about the furnishings previously mentioned so we carried out some research.   I sent the photographs to the manufacturer and asked them if they were the original fittings supplied by them, they responded that the settee and mattresses shown in the photographs (Taken from the online sales pictures from the sellers website) were never fitted to that caravan and had never been supplied by the manufacturer. I also downloaded the brochure from the manufacturer that showed the settee and bed mattresses that were fitted to the year and model of the caravan we had paid a deposit on, were nothing like the ones currently fitted.   somebody has taken out the superior Settee and bed mattresses and replaced them with cheaper inferior quality ones which seriously devalued the caravan, notwithstanding reducing the comfort and quality of the caravan. He insisted that the photographs (taken from their website) were the correct fittings for that caravan.   On Sunday 20th October, I sent the caravan sales company a letter stating that we were rejecting the caravan and that we had been mislead as to the quality and provenance of the fittings, that we no longer had any trust in the sales company and under the Consumer Rights Act requesting the return of our deposit.   We received a response the next day that stated, they accept the cancelling of the contract however, they are retaining our deposit against the purchase of another caravan from them.   I think it is a given, that we would never darken their doorstep again let alone purchase anything from them. I would add that all our concerns and the company's responses have been via email, so we have an audit trail of what has gone on.   I have considered chargeback, as we paid on a Visa debit card (I know should have used a credit card) and I am aware that we have 120 days to try and implement this.   I'm looking for advice as to what to write to the company to start with, i.e. Letter of complaint (They have no complaints policy or procedure in their T&C, they are also not signed up to the Dispute Resolution Ombudsman Scheme) or a, Letter before Claim, or do I involve Trading Standards.   Any advice from the wise members of this group would be greatly appreciated.   
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      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Lowell claimform - 2xCap1 card debts


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Thought you didnt want a hearing :becky:...with or without a hearing either in court or remotely you will still be given directions to submit a statement and documents.

 

Andy

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Thread moved to Financial Legal Issues Forum.Please continue to post here to your thread.   Please read the following link and the copy and paste the Q,s and your responses back here for fur

hehe appreciate that, sort of runs with my username, now that goes back further than even the internet, but has run through since my days on CompuServe...   keep us updated...   dx

not your problem.   if the fleecers want to issue a claim that they have no idea about, that's their problem. more to put in your WS about their total incompetence and abuse of the lega

Thanks Andy, if that is the case then ill just go with the Papers determination if its more or less the same and I get the chance to submit a statement, thank you

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  • 1 month later...

Hi Everyone,

 

I've been in away and came back to the 2nd attachment (NASCT) Sunday night.

 

The first "GFJO" file attachment was from a few weeks back and I assume means the court is just asking the claimant to do somthing which I assume they did because of the 2nd attachment.

 

I have just done a search on the forums for an example witness statement and found this, Could I use this to create mine using their Statement? I know it is very rough and need tayloring, etc

I have just had by email the witness statement from Lowell, it is 75 pages long and has the CCA, Assignments, etc in it ands other stuff. The things I asked for in my CCA & CPR request back along and never got! No surprise I guess!  I could upload that if it helps but looks

 

Pleae could someone explain pt 13 about the £170 fee, is this something i have to pay?

 

TIA

Sew

GFJO SO.pdf 04092020 NASCT 2P.pdf

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so how did the fleecers get your email address to allow them to file their WS so near your deadline of 2 days for yours?

 

we MUST see all their WS please

inc all the exhibits

in ONE multipage PDF to be able to help at this late stage.

 

the fee is for the fleecers to pay not you..

 

 

 

 

 

  • Like 1

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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TBh, I dont know as Ive had no direct contact with the fleecers and passed it on to them, maybe fomr the orig docs or court docs?

 

Yes, nice and late as expected

 

Im working through thier witness statement now, redacting, etc, up soon

 

 

Attched DX, thank you

Notes:

Personal details removed

Dates removed, if you need them back in I am happy to DM the doc to you privately or redo the redaction and leave them on. I thought they might be able to identify me from them

Left exhibit no's in but cut out the paralegals initials

 

Exhibit 2 & 5 pages are removed completely as they were only 25 pages of acct statements, and to make the redacting quicker i just removed them! hope this is OK

All my sigs are electronic, dates look out of alignment

 

Exh 3 - No letter header on and who are Creation FS at the top of page 12, no space after "contacting us??? 

 

Biggie! (well to me anyway)

Look at page 37, Exhibit 8, its labelled for a completely different person, date, case number!!!!!

 

Exh 1 & 4 - Agreement numbers look a bit fuzzy to me and not in keeping with other typefaces, pasted on?

page 15, why is my name and acct number smaller? like typed on a sheet?

 

Loads and loads of letters missing off of page 27, Exh 6!

 

Page 20 - The table with Credit limt and Acct number is in blue but rest of doc in black, strange or not?

 

Thank you

Sew

I shall be making a donation to this site after, promise! amazing help so far

 

Witness_Statement_-_REDACTED.pdf

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so no default notice for card 1

is your name simply typeface and you signed up for these 2 card via an online portal?

yes make notice that they have forwarded someone else's stuff

i believe there trumpeted letter of claim for each debt, that they carp on about as you ignoring each one
are not in the correct format nor are entitled letter of claim, as they should bee.

online agreements should hold some record of the ip address etc from the pc from which you used to gain the credit

on neither can i see any such proof.

as you quite rightly point out
all someone could have done is download those from any website like CAG and insert your details

the T&C's don't have your name and address either and again are not proof they were ever the correct or the ones sent to you

nice try lowells
but all the documents could have been faked by cut and paste.

 

i'm not sure on an already done WS, there is one

 

andyorch will be far better placed.

 

as with your defence a day or 2 late under LIP rules wont hurt you.in filing late

 

 

  • Like 1

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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so no default notice for card 1 Nope. that's all there is

 

is your name simply typeface and you signed up for these 2 card via an online portal? Yes and Yes, no sigs

 

yes make notice that they have forwarded someone else's stuff, I will do so

 

i believe there trumpeted letter of claim for each debt, that they carp on about as you ignoring each one
are not in the correct format nor are entitled letter of claim, as they should bee. OK

 

online agreements should hold some record of the ip address etc from the pc from which you used to gain the credit

on neither can i see any such proof. OK, this is new to me, should I raise it?

 

as you quite rightly point out all someone could have done is download those from any website like CAG and insert your details

the T&C's don't have your name and address either and again are not proof they were ever the correct or the ones sent to you

nice try lowells but all the documents could have been faked by cut and paste. I know, looks a tad fishy, no way to prove I guess

 

i'm not sure on an already done WS, there is one

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Have a go at drafting your statement and post it here in PDF format and I will get back to you with any amendments additions.

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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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Use the one I have previously drafted above in post #53 and follow the claimant statement as a guide......responding to each of their points and copy the format. 

  • Like 1

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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Hi,

 

I've made a good start, 3/4 pages using my Def to start and some paragraphs from Andy's example on that Kearns thread, ive hit a bit of a block in regards to addressing their statement points and how to respond, getting a bit overwhelmed and taking a step away to think about it, I'm slowly getting there though. what bits to take out of my def, what to say in my individual replies to points and trying to understand the legal text in the points/texts. Ive had a few good ideas and will use them. 

 

I have other massive things going on outside of this and they're stopping me focussing.

 

So, toi give me a bit of time will LIP cover me to respond on Monday, it was due 4pm yesterday and you've said I can be on 1/2 days. I really need the weekend to get my head around it, mentally mostly.  

 

TIA

Sew

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Hi Guys, sorry I am late.

 

I hope under LIP I can get this in today, was due last Thursday 4pm, 2 working days late, should be OK I hope

 

I just couldn't face it Friday, too overwhelmed by the legalease and what to do then developed flu/cold with heavy covid cough over weekend and didn't feel up to it BUT been on it for last 90 mins and got right into the zone and found a couple of other cock ups by Lowells!

 

Both agreements have the WRONG acct number on, couldnt believe i missed it!

 

I led with my defence and then have tried aligning my against theirs with my own headings, b1, b2, c1 in case you want to refer to any point or mistakes  

 

Please can someone take a look please and check its passable

 

TIA

Sew

Witness SB.pdf

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looks good though might be a bit better to focus all the wrongs into just one or 2 points as its not 100% clear that you are pointing out the agreements are not even yours and/or are not even the same agreement numbers as previously quoted?

 

dx

 

  • Like 1

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 minutes ago, dx100uk said:

looks good though might be a bit better to focus all the wrongs into just one or 2 points as its not 100% clear that you are pointing out the agreements are not even yours and/or are not even the same agreement numbers as previously quoted?

 

dx

 

 

Ok Dx, will do, better impact, thanks

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v2.0 up. lol

 

More emphasis at the end to the 2 dodgy agreements

 

Funnily enough as i was doing it I made notes in order of the exhibits and the issues with each but felt I had to follow the run of their claim & WS, should have stuck to that as a pattern for mine

Witness SB v2.pdf

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yep that looks ok to me now

 

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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