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    • 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?
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      • 33 replies

Lowell Claimform - OH's Vanquis Card Debt


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moved   please complete this:     dx  

pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number gi

should just follow what the guides say not the solicitors, though with lowells the solicitors desk is simply the same fake office but one desk nearer the bog. you know it's him as he wears a diff

its not due till the 7th but i doubt lowells will reply by then.

  • 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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Bit early...but your choice

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  • 5 weeks later...

Hi all

 

Lowells have replied, text of email below, also see attachments.

 

They say she took this card out in 2012, i cant see how as we had both gone into a DMP by then,

for at least 2 years previously so both of our credit files were shot to bits, with loads of defaults each and loads owing to creditors so think theyve made that up. I dont know but surely no one would have given her another credit card after loads of defaults?

 

Also is that a true copy of the CCA?

 

thanks

 

WITHOUT PREJUDICE SAVE AS TO COSTS

 

Our Client: Lowell Portfolio I Ltd

Our Reference: xxxxxx

Court Claim Number: xxxxxx

Original Creditor: Vanquis Bank Limited

Outstanding Balance: xxxxxxx

 

My name is Parmjeet, I am the case handler in relation to the above claim issued against you on 7 October 2020.

 

I confirm receipt of your Defence and confirm that this has been reviewed in full. I can confirm that we have received documents from Vanquis which show that the Agreement was entered into by you on 23 March 2012 using your current address. The statement of account shows how the claimed balance accrued and the default notice was sent to your current address on 27 August 2015. As you did not comply with the terms of the Default Notice the account was terminated.

 

We also attach the Notices of Assignment sent on behalf of Vanquis and our client to your current address 18 October 2019 and therefore satisfies the requirements of section 136 Law of property Act 1925.

 

Our client has sent you numerous letters in an attempt to resolve this matter prior to the issue of the claim but none were responded to including our Letter of Claim. All correspondence was sent to your current address. You did not make a request for documents or information prior to this matter being issued in the Courts. Our client made active attempts to resolve this matter by sending you correspondence and offering discounts, none of which have been responded to by yourself.  This evidence will be disclosed should this matter proceed to a court hearing.

 

Further to the above, as we have satisfied your requests, we are instructed to bring the matter to an amicable settlement favourable to both parties. If a settlement is reached, upon receipt of cleared funds, I will then notify the court that the claim has been settled and our client will close their account.

 

Our client is therefore willing to accept:

•             a lump sum of £xxxxxx in full and final settlement of the claim;

 

Upon payment being received, I will notify the Court that the claim has been settled which will end legal proceedings and close your account.

 

Payment can be made:

•         On our website - https://lowellsolicitors.co.uk/ . Please confirm the reference of your account in order for the payment to be allocated correctly.

•         By bank transfer to our Bank Account (Natwest, Sort Code: 60-00-01, Account Number: 39543749 and Payment Reference: 334710068)

•         Calling us on 0113 335 3338 and making the payment over the telephone.

 

If a settlement cannot be reached, our client has instructed us to proceed to a court hearing which will incur further costs and fees.

 

This offer is open until xxx December 2020.

 

Independent legal advice is available from the Citizens Advice Bureau or a solicitor of your choice.

 

 

lowel return.pdf

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and how did lowlife get your email address?

 

 

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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the DN is OK

the  NOA is ok

the agreement is a mere application form...and appears to be void of a few important prescribed terms like the right to cancel and refs T&C not included.

 

however, is that her signature and her correct email?

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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the IRL complaint needs to be raised with/against vanquis themselves, nothing to do with this DCa claim and TBH should have been done a long time ago GW.

 

get it going use our template, but as i say will have no bearing upon the claim.

 

 

  • 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

who about what?

 

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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Share on other sites

and you believe a dca....you've been here far too long to fall for that old trick.

admit the debt by paying a bit and we'll write the rest offf..yea dream on..

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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lol no i know they just want her to pay them at least something, but what i mean is as regarding the impending court case, what happens next? i mean do they now need to decide whether to proceed to court and she just has to wait until they get back to her?

 

thanks for the help

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Yours is not the next move.

 

best to get reading just about any claimform thread here or the legal successes forum off it

 

the more you read the stronger we become

  • 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

Hi all

 

She has received a directions questionaire today, they have ticked that they want to try mediation, do i need to upload this document? and what does she needs to respond with?

 

im assuming you have to agree to mediation as a court will want to see that but if you dispute the debt how can you go to mediation?

 

thanks

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Type in n180 in our search top right

Dxi

  • 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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Share on other sites

 ok , ive had a read up on mediation and the n180 - just a couple of questions:

 

after reading andyorch say mediation is a must, so as they cant use your refusal against you,  am i allowed to talk to the mediator for her ? she isnt very good at talking to people like that,  she has a few issues. Ill not let them talk down to her or coerce her

 

Also would it be wise on the mediation call to state that they havent sent an accurate copy of the CCA so basically letting them know that we know they cant go to court?

 

thanks

Edited by gwebstech
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until the actual telephone mediation session you should continue to agree to mediation..

.when the day comes, you will be asked the same q's on the n180,

it's THEN that you state you do not have enough information to make an informed decision (should the fleecers have failed CCA/CRP) . mediation will fail."

  • 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
Quote

She has received a directions questionaire today, they have ticked that they want to try mediation, do i need to upload this document? and what does she needs to respond with?

 

Have you received yours from the court to submit ?

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

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On 27/11/2020 at 00:13, Andyorch said:

 

Have you received yours from the court to submit ?

no, not yet

On 26/11/2020 at 21:49, dx100uk said:

until the actual telephone mediation session you should continue to agree to mediation..

.when the day comes, you will be asked the same q's on the n180,

it's THEN that you state you do not have enough information to make an informed decision (should the fleecers have failed CCA/CRP) . mediation will fail."

thanks for that

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  • 2 weeks later...
On 27/11/2020 at 00:13, Andyorch said:

 

Have you received yours from the court to submit ?

 

yes, she has it now

 

it all seems pretty self explanatory from other posts ive read but ill ask here if not sure

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