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    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 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? No Did you inform the claimant of your change of address? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  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...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes 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? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 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? No
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control debt solutions and an IVA - owe more now then when i started.


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Just had some good news in the post .

No reply from Belmont Mmmm.

 

"you indicate that you do not accept our redress offer

because in the offer letter it is stated that we will set off this amount against the alleged outstanding balance on your barclaycard account.

You consent that our decision to set off as detailed on our final response letter is incorrect.

 

We have reinvestigated your complaint and we have established that the terms as they are detailed in our final response letter should not have been applied in your circumstancees.

 

Please accept our apologies for any confusion this error may have caused you.

 

As a result we have decided to issue you with a correct revised offer letter

which does not include the desision to set off the redress offer against any outstanding balance on your barclaycard account.

 

Yada yada yada we are upholding your complaint "

 

Then a form to sign and details to pay me.

 

If anyone would like te email i used let me know.

 

Now as for Belmont there not getting a penny. Thu can take me to court.

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great news!!

 

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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complaint to MOJ then me thinks

 

they have failed to carry out your requests

 

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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  • 2 months later...

Had this today:

 

 

We have been instructed by our above named client to recover the above outstanding debt. We now demand immediate repayment of £47.23. Unless full payment is sent directly to us within 7 days we will take final recovery action through the Courts, which may lead to:-

 

- You having to pay legal fees and court costs

- Judgment being awarded against you in Court

- Debt details being registered affecting your ability to obtain credit in future

- Bailiffs calling at your premises

 

Please telephone our office immediately on 0151 222 6702 to discuss further.

 

YOU NOW HAVE SEVEN DAYS TO REPAY IN FULL. ACTION WILL BE TAKEN AGAINST YOU THROUGH THE COURTS IF YOU FAIL TO COMPLY WITH THIS DEMAND.

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you've had since october to blow this out the water.

 

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... 

Link to post
Share on other sites

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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Hi All

 

I would like to say that not all claims management companies are the same,

I used an excellent company and it is unfair to class all business the same,

 

I admit there are companies out there that think about their profit before the clients

but if we are going to generalize this assumption can be applied to doctors, solicitors, builders etc.

 

Legally Barclaycard out of the PPI compensation claim can only deduct any arrears owed,

so if you compensation for example was £1000 and on the account you had arrears of £200

Barclaycard can legally deduct the £200 from the compensation amount but have to pay you £800.

 

Hope this helps.

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Hi All

 

I would like to say that not all claims management companies are the same,

I used an excellent company and it is unfair to class all business the same,

 

I admit there are companies out there that think about their profit before the clients

but if we are going to generalize this assumption can be applied to doctors, solicitors, builders etc.

 

Legally Barclaycard out of the PPI compensation claim can only deduct any arrears owed,

so if you compensation for example was £1000 and on the account you had arrears of £200

Barclaycard can legally deduct the £200 from the compensation amount but have to pay you £800.

 

Hope this helps.

 

I am afraid it is beyond me why anyone would want to pay a claims company 30% plus of any award for doing nothing that a claimant cannot do for themselves, and probably do it better.

 

Might as well do it yourself and keep all of the award (less any lawful set-off).

 

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Warham Collections Team

 

 

 

Monday, 07 January 2013

 

 

 

 

 

Dear Sir/Madam,

 

 

 

Re:- Our Client Belmont Thornton Ltd

 

Outstanding Balance £47.23

 

 

 

We refer to previous correspondence with regards to your outstanding balance due to our client, any money that was awarded to yourself in relation to your PPI claim or return of card charges will firstly be deducted from your outstanding balance.

 

Belmont Thornton are unable to dictate how a lender pays the compensation offered to a customer. If a debt is outstanding with the lender they are entitled to use the refund to reduce the amount owed. This was detailed in the documentation provided to you at the outset.

 

Our clients terms and conditions state that payment is due within 28 days once an offer is made regardless of whether payment has been received or not. As payment was not received within this timescale your details were passed on for collection

 

You have signed a contractual agreement asking Belmont Thornton to pursue a claim and Belmont Thornton has undertaken work in respect of that claim; you are legally obliged to pay the fees as per the agreement made.

 

The terms and conditions of the agreement you entered in to can be found at: http://www.ppiclaimcompany.co.uk/terms-and-conditions

 

Please provide us with a copy of all your complaints raised with our client and details of the steps taken following their internal complaint procedure prior to raising your complaint with the OFT, as these are the steps you will have needed to have taken before having them look at your case.

 

Failure to provide this will result in the relevant action path being continued if not received within 10 days.

 

Please be advised that we are governed by the Financial Ombudsman and all of our letters are within their given guidelines.

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Thank you for your email.

 

In light of the email which you have sent, I will refer this matter through to my Principal Officer for his attention. He may decide upon review of the information supplied to refer this matter onto a Claims Management Officer for further work

 

If you have any queries, in the interim, please contact us on x and quote reference X. iI would also suggest collating all of the paperwork you have concerning this matter in case it is required.

 

Yours sincerely,

 

Duty Officer| Claims Management Officer | Claims Management Regulation Unit| 57-60 High Street, Burton-on-Trent, Staffordshire DE14 1JS |

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Well ims21 you have actually answered your own question,

 

the fact is that not all people want or have the time or knowledge to do a claim themselves

and that is why they would prefer for a company to do it for them.

 

I personally do not have the time and I certainly did not pay a 30% commission fee.

 

I think it is up to each individual to make their own decisions about who they want to act on their behalf,

and I also note that now a majority of PPI claims are actually not being upheld although they should be upheld.

 

For those of us who were extremely fortunate to receive compensation when the lenders were upholding complaints

it is great but for those people whose claims are not being upheld it is a different scenario.

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I would like to reply to Hacked Off regarding my post being irrelevant.

 

If you had in fact read the T&C of the company you would not be in the position you are now in.

 

As you have I assume signed the T&C it means that you accepted the T&C prior to Belmont Thornton acting on your behalf.

 

Belmont Thornton have every legal right to enforce further action if you do not pay the amount stated as owed.

 

It is a little late to cry wolf after the company has won the case.

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