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lowell and cap1 debt PAPLOC - if they fail my CCA - is a section 10 notice still applicable?


Badger91
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Hi dx100uk,

 

Overdale Solicitors have sent me a letter confirming that they received my response to the pre action protocol form,

 

they have confirmed that the account was originally opened in October 2014, the account defaulted in 2015, and the last payment made was 7/06/19.

 

they have only included a copy of the original CCA, which is in better quality than the last one, and full statements. 
 

They have also said they are able to accept an affordable payment offer and they now require me to contact them with my intentions towards the above account. The account is on hold for 30 days.

 

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Still begging then..

 

did you do some research as advised??

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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Yes I have looked into the pre action protocol, which states that the creditor must provide requested documents within 30 days, which they haven’t yet provided it all, still waiting on the default notice, notice of assignment, I’m presuming that they don’t have it otherwise it would have been provided, all charges, interest, and purchases are included in the statement they provided along with CCA. 
 

Going by what you had said previously about Lowell not having to comply with all the requested documents in order to request northants bulk to raise a court claim.

 

will this mean that I won’t incur additional court fees unless they can provide the default notice and notice of assignment to the courts and that if they cannot provide them, will they back down? 
 

not sure if you had made a typo:

 

lowells if they have any paperwork issues typically did continue the claim once they HAVE to disclose enforceable documents..

 

did you mean to put they typically didn’t continue the claim. 


As you can imagine I don’t want to incur any additional fees, so if it means negotiating with them to remove the bank charges and just paying the remainder I would rather do this than later find that they have the documents after the 30 day hold on the account expires and they then begin the court claim

 

I have tried my best to understand however I do work full time nights and have other commitments and life that gets in the way, my expertise is no match from advise you all seem to understand like the back of your hands, it’s quite confusing for someone to understand, especially when your expected to figure it out yourself within 30 days, You advised me to return for advise when I received the PAPLOC letter and that’s what I’ve done, I returned for help with the next steps and it’s almost like you begrudge Advising people when they come for help, there’s no need to be so abrupt and almost passive aggressive tone, it’s almost as if you really hate having to advise people, clearly you would much rather we all be experts but that’s easier said than done. 


being a bit more understanding and some politeness would go a long way, you come across very rude, abrupt and argumentative, you don’t seem to show any empathy which has shown through your replies throughout the thread. 
 

If I was able to work this out on my own I wouldn’t ask, apologies for being such a hinderance to your day. 

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On 30/05/2021 at 23:07, dx100uk said:

plenty of

lowell claimform

threads here already 

get upto speed

use our enhanced google search box for the above.

 

 

 

 

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, completed the following as best as possible, is the claim form the paploc letter or is this something else? 
 

Name of the Claimant ?  Overdale Solicitors (Lowell)

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Give answer here

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

Give answer here

 

What is the total value of the claim?  £386.69 
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes , received Paploc letter, responded with CAG reply form, requesting documentation, have already requested and received the original credit agreement, and full statement including all transactions, interest and fees. Have requested notice of assignment, and original default notice but have not received them.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes. 
 

Did you inform the claimant of your change of address?  yes. 

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

 

When did you enter into the original agreement before or after April 2007 ? After, 24th Oct 2014.
 

Do you recall how you entered into the agreement...On line /In branch/By post ? online through very catalogue site ( shop direct ) 
 

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

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 has issued the claim, purchased by Lowell Portfolio l ltd on 30/04/20
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don’t think I have received anything titled notice of assignment however the first time I was made aware was 08/05/2020
 

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 ? I have no letters that were included in the SAR request from capital one, I have been receiving letters with the heading “statements of activity every 6 month since 29/09/2016.


Why did you cease payments? Lost Job, was on Jobseeker’s Allowance couldn’t afford to pay, entered into repayment plan but with capital one, later arranged to pay through stepchange debt management plan, which ceased after I was unable to make the token payments of £1.


What was the date of your last payment? 07/06/19
 

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?  yes explained I was out of work and was struggling to pay, interest was frozen, was put on to repayment plan and later moved onto a debt management plan with stepchange, which stopped when I couldn’t afford to make he minimum token payment of £1.

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no a pre action protocol letter of claim from a solicitor is not a court claimform

 

that comes as part of a large pack in a brown windowed envelope direct from northanrts bulk court.

 

 

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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I’m just thinking if it is worth my time letting it get to the northants bulk claim, 
Overdale Solicitors have said the balance could increase to 523.78 

 

their estimate figures are:

 

Interest - £30.09

Court fee - £35.00

Solicitor Costs - £50.00

Judgement costs - £22.00
 

I would be excellent if they cannot produce the requested documents and it becomes unenforceable, however if they

do have them I’ll then have to pay all the fees. 
 

if they don’t already have them, they have until the account comes off hold to acquire them. 
 

 

 

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doesn't mean they'll win mind.

 

 

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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Quote

Judgement costs - £22.00

 

:???: That's a new one 

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2 hours ago, dx100uk said:

doesn't mean they'll win mind.

 

 

opps corrected

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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Share on other sites

Ok thanks, but at what point will the fees be added to the balance, is it as soon as they make a claim to northants bulk, or is it after they provide the notice of assignment and the original default notice, I don’t want it to get to that stage if it’s going to jump up to 523 pounds. 
 

 

 

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letters with possible extra 'costs' are sent to panic people.

you appear to be the perfect victim

 

 

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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On 29/06/2020 at 21:57, Andyorch said:

A DCA cant add anything to a debt apart from a court claim issuance fee...with or without an valid CCA.....but if they did .....you dont pay it.

 

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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