Jump to content



  • Tweets

  • Recommended Topics

  • Posts

    • Particular Of claim   1. By an agreement between Lloyds Banking Group & the defendant on or around 13/05/2003 (“the agreement”) Lloyds Banking Group agreed to loan the defendant monies.   2. The defendant did not pay the instalments as they fell due. The agreement was terminated following service of a default notice.   3. The agreement was assigned to the claimant.   4. THE CLAIMANT THEREFORE CLAIMS: 1) £8704.42 2) COSTS     Defence   The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made.   1.The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017.It is admitted that the claimant has sent details of a current account with an unknown account number but has no connection to this this claim or alleged debt. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. Paragraph 1 is noted. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the details of alleged debt the claimant refers to nor have they referred to any account number within its particulars. I have therefore sought clarity from the claimant and requested further in formation which at this time they failed to comply to my request.   3. Paragraph 2 is noted. However, as above the alleged debt is still unknown and further I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   4.Paragraph 3 is noted. As above as the debt is unknown its immaterial and I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   5. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant has failed to comply with either requests and in particular my section 77 request and provide a valid copy of the agreement and therefore remains in default of my request and is prevented from enforcing the agreement they wish to rely on.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   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.               1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.
    • the court should have written to you acknowledging your defence filing?   dx  
    • thanks, will do.   For some reason, I can't delete the first attachment
    • 2 posts hidden docx files contain all your pers details in file properties/info just post them here as plain copy and paste text next time. or PDF don't use docx.   dx  
    • Yes that’s correct.  A secured loan not a mortgage.    thanks for confirming original creditors don’t do court. But if they pass debts to a collection agency, can they apply for a CCJ by default as I’m overseas and then apply for a charging order against the property?
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Lowell Claim Form - Vodafone Debt


Recommended Posts

you can nick things from here ...its free and in the open for that very reason...to be able to help people

i was just pointing to it being funny you nick bits then register for help here afterwards..bit irish that one.

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
  • Replies 54
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

forget the rest come to the best...theconsumeractiongroup.co.uk    

Andy, thanks for editing this. I knew I needed to add paragraph like this but was not sure how to construct it.

Okay, got it.

I didn't think anyone would respond in time or at least for a week because of my experiences elsewhere,

 

the only reason I registered last night was because I checked and found that you made a post late in the night when I was reading through everything

 

I had just filed defence because a letter from Lowell said they would give me a CCJ after the 23rd,

I was shocked as most other sites are not active or refer you all over the place.

Link to post
Share on other sites

Lowell will misrepresent the procedure and intimate they will get the CCJ  regardless.to make you wet yourself and beg them for a payment arrangement. If it does get to Witness Statement stage, the claimform came before the letter can be introduced there.

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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites
55 minutes ago, MrLegal2020 said:

Okay, got it.

I didn't think anyone would respond in time or at least for a week because of my experiences elsewhere,

 

the only reason I registered last night was because I checked and found that you made a post late in the night when I was reading through everything

 

I had just filed defence because a letter from Lowell said they would give me a CCJ after the 23rd,

I was shocked as most other sites are not active or refer you all over the place.

 

forget the rest

come to the best...theconsumeractiongroup.co.uk

 

 

  • 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... 

Link to post
Share on other sites

dx, you're not lying.

 

brass, another organisation send me some information about the "Claim Form" being sent before the "Notice of Claim Issue" letter via live chat but they cut off and I lost most of the information.

Edited by MrLegal2020
Correction
Link to post
Share on other sites

I have already posted the legal consequences of not complying with PAP in my post #17 

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 Topic please PM me a link to your thread

Link to post
Share on other sites

what bit can't you follow or are having issues with?

 

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

Claim number on the claim form.

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 Topic please PM me a link to your thread

Link to post
Share on other sites

why not simple copy the text from the post there rather than editing a PDF

 

you are quite safe with a pathetic Mobile debt to send the CPR as it in my link

lowell dont respond anyway.

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

you mean you clicked on CRR 31:14 not the link underneath...

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
  • 1 month later...

Money Claim Online said my defence was not submitted but I did. A claim has being issued against me, I have until the 6th of November to pay. They said I can ask for more time but I have to pay £250 etc. What can I do next? Thanks all.

Edited by MrLegal2020
Add
Link to post
Share on other sites

Did you get an automated response from MCOL acknowledging your defence ?

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 Topic please PM me a link to your thread

Link to post
Share on other sites

Do you mean an automated response on the website or email? I did get a response on the website when I submitted my defence or that's what I thought. The defence I saved on there is now nowhere to be seen, when I was editing it was there.

Link to post
Share on other sites

Somehow looks like you have a Default Judgment, did MCOL lose the defence, or was it not submitted properly?

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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Yes a default judgment has been issued. I'm not sure about the submission, I did send it. There was a part that said something about a payment, that was the only part I did not do. I'm searching to see if I have a screen shot or print out.

Edited by MrLegal2020
Spelling
Link to post
Share on other sites

Post it as pdf if you do Looks like you have tomorrow to pay it or its Rgistered, and on your CR for 6 years.

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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites
6 hours ago, MrLegal2020 said:

Yes a default judgment has been issued.

I'm not sure about the submission, I did send it.

 

There was a part that said something about a payment, that was the only part I did not do.

 

I'm searching to see if I have a screen shot or print out.

 

then post that up as a PDF please

 

do you mean you went to the online site and copied and pasted the defence over?

or you used the form you got and the postal system?

why did you not post your defence here for checking and vanish for over a month!!!??

 

there is no area on MCOL when filing a defence where YOU have to pay anything

unless you made the classic mistake of ticking you wished to counterclaim too?

you didn't do that did you!!

 

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...