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    • the only downside of not having a default registered and showing in the overall status of the debt is it's not 100% guaranteed it will (as it should) vanish on its SB date, you might have to chase that. but in your position, you've not moved, the bucket of 6's and on going 6 if you look hasn't made your score progressively decrease each month  either as it shouldn't.   just remember other creditors potential or existing cant see the calendar section of any debt unless they own it. they can only the status line of each 'account'.   HTH    dx      
    • Thanks for the replies. Have received another letter from LL solicitor, same form for secure tenancy notice of seeking possession. Now they have removed ground 10 and left grounds 3&4. am lining up an appt with a solicitor next week. All a bit strange as we had the fair rent agreed as a regulated tenancy. The LL has been through so many solicitors now it’s a struggle to keep up.   one other thing,  neither NOSP have been sent via registered or recorded post. The letter we have received (email only at this point) is comprised of a cover letter with ‘Without Prejudice’ at the top then a copy of the NOSP.  Does it have to be registered post in order for the notice to be seen as served?   will post back after solicitor appt btw cheers 
    • Thanks for all the feedback.. I'll add the suggestions to my WS and repost by next weekend.. I plan to send it no later that the first week of Feb as I don't want it to be late.   Just need to work out where to insert the extra bits.   Regards Tom
    • So in  a way, it isn't as bad as actually having a default?   Because if, as you say, it won't affect my score anymore as its already six months late, but also a default would be worse in the sense other lenders wouldn't look kindly to it, and it won't knock as much points off my credit file.
    • Hi Vic and welcome to CAG   It gets quieter here over the weekend so please be patient.   If you live in England or Wales, read this thread - https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/     Follow the instructions, copy the Q's and paste them to a post below and give your answers.
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    • 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!
       
       
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Lowells Solicitors and claim for Capital One


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I do not know if this is OK to post but who are Lowells and what is a DCA.

 

I ask as I have a letter from them saying I owe them £475 or £290 if I pay now from an old capital one card.

 

I think they are also after payments from SKY and Virgin who I cancelled years ago as they broke the contract and over charged as I agreed only to a fixed rate.

 

The Capital one they want to take me to County Court. Should I be worried?

 

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I have received a Lowells letter which is from someone who says they are the handler of my account with Lowells. 

 

They have attached a copy of agreement, default notice. '

 

It states that their client has now issued legal proceedings against me that could lead to a County Court judgement being entered against me.

 

To avoid the following I can pay a lump sum of £290 or £405.88 in 6 monthly payments.

 

There is a copy of a capital One statement that says I am £72 over limit and a default notice issued dated 3/4/17 and another dated 6/5/17 stating I owe £297 in total.

 

If I pay the £290 is this finished?

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have you moved in recent times and not informed the owners of your debts listed on your credit file of your correct 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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No not at all but still having problems with Royal Mail as they have us listed wrong as they changed it for some unknown reason a few years ago.

 

Our mail has been bad for at least the last 3 years.

 

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well lowells solicitors would issue the claim thru northants bulk, and they would not be a client of lowell dca.

though the letter is quite usual for whomever sent it , to be sent weeks after a claim was issued just to intimidate people.

 

can you scan it to PDFplease

read upload.

 

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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Quote

It states that their client has now issued legal proceedings against me that could lead to a County Court judgement being entered against me.

 

To avoid the following I can pay a lump sum of £290 or £405.88 in 6 monthly payments.

 

If they have issued...how can you avoid it ?

 

Andy

We could do with some help from you.

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

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correct 

 

only if they return to court and the judge grants court bailiffs use.

a dca is not and never can be ... a bailiff no matter what.

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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no harm in ringing northants bulk and asking if a Claimform has been raised against you.

do lowell quote the claim number on their letter?

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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26 minutes ago, tigeress289 said:

I always thought that credit cards were unsecured debts?

 

If a CCJ were made can Bailiff's then be used? 
  

 

Unsecured +CCJ + Charging Order ( if you have mortgaged property)  = unsecured debt becoming secured debt.

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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Just received the first Lowell one yesterday with a bunch of Christmas cards and the second was the one I posted.

 

I still do not know what DCA stands for please?

letters.pdf

Edited by dx100uk
uploads converted to PDF and redacted
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DCA = debt collection agency. lowells, cabot etc etc

 

the cap1 debt they stated in 21st december says £1761.19 

but the 5th jan letter which states a claim number (so a court claim must have been raised!!) states you have filed a defence with the court (have you?) but from 21st dec to 5th jan is very very quick for a claim to be raised and for you to ack it and file a defence

and the claimed sum does not add up to +£1700 but more like +£2700

 

did you have 2 cap1 cards?

 

or the jan 5 letter is a mistake by lowells and its been sent to the wrong person

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 did have 2 cards but gave them up 3 or 4 years ago.

 

The £290 claim I did have some papers arrive but sent back as never received anything before. So that is why it says that.

 

They just kept upping the limit and just paying minimum+  was getting nowhere. 

 

 

Edited by tigeress289
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then i suggest this claim is for this 2nd card.

1 hour ago, tigeress289 said:

The £290 claim I did have some papers arrive but sent back as never received anything before. So that is why it says that.

 

so what did you send back and to whom? 

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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