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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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    • 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.
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Lowell claimform - old Mobile Debt - Missed Defence date now judgement- Can I Do Anything


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Hi Guys,

 

Looking for some advice - Lowell claimed against me for old mobile debt - I stupidly thought that I had 33 days after Acknowledgment, as you know this is not right - after recovering from Covid I thought I start my defence today only to read that I might be too late I've just checked on line to find the below - is there anything I can do?

 

Kind regards

 

Lushni

 

Your acknowledgment of service was submitted on 04/01/2021 at 10:48:10

Your acknowledgment of service was received on 04/01/2021 at 12:05:37

A judgment was issued against you on 22/01/2021 at 19:16:12

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and you can't click on the enter a defence option.

sometimes we've found you can.

 

you should have come here sooner an we would have made sure you did it right...

 

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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What date of issue on the claim form ?

 

Andy

We could do with some help from you.

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Hi Guys 

 

thanks for getting back so quick - It don't look like I have any options to add a defence now - Claim form issued 17th December.

 

Kind regards

 

Hugh

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How much is the claim for ?

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

 

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Amount Claimed
£362.05
Court Fee
£35.00
Solicitor Costs
£50.00
 
 
Total Amount
£447.05
Issue Date
17/12/2020
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  • dx100uk changed the title to Lowell claimform - old EON Debt - Late with Defence - Can I Do Anything

claimform issued 17th dec

AOS was thus due 4th filed 5th jan (1 extra day due to xmas holiday) 

defence due 19th dec  (1 extra day due to xmas holiday) 

judgement issued 22nd

they got in quick there...

 

 

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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8 hours ago, dx100uk said:

claimform issued 17th dec

AOS was thus due 4th filed 5th jan (1 extra day due to xmas holiday) 

defence due 19th dec  (1 extra day due to xmas holiday) 

judgement issued 22nd

they got in quick there...

 

 

 

A judgment was issued against you on 22/01/2021 at 19:16:12

 

22nd January

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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Can i appeal this judgment or do I have to pay up - so many added charges on this account - it don't seem fair.

 

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  • dx100uk changed the title to Lowell claimform - old Mobile Debt - Late with Defence - Can I Do Anything

tell us about the debt

i will guess as with all these mobile debt claims here, i was remaining months until end of contract on a service you didn't or couldn't use.

typically once our defence here is filled lowells run away at some point just before the hearing.

i'm not sure we've tried to set one of these aside to date 

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 DX thanks for getting back

- the original bill came in at around £130

- it was my sons phone but in my name

- it was a £13 a month contract

- he went to the USA for around six weeks,

- he crossed the border at the falls into Canada for two days -

 

When he got back he found out that the calls in Canada were not part of 3's roaming

- he got the bill and asked 3 why he got charged so much

-  put in a complaint

 

- however a few weeks later they said full amount had to be paid

- he couldn't pay

- they cut off his phone still had over a year to run his contract down

- so added almost £200 charges that he could use

 

– To be honest he should have just paid up when he got the bill but his job fell through when he got back and he didn’t tell me at the time

– we both have the same name, so I just passed on all 3’s post to him without opening it.

 

Again many thanks, Lushni

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so £130 of what could be deemed as unfair roaming charges

the rest is 

4 minutes ago, lushni said:

- so added almost £200 charges that he could use

the above doesn't make sense.

i will gather these might be the monthly fee until end of contract?

but as usual, they cut him off so they weren't proving a service a usable service anyway.

 

had you researched here already and seen our mobile defence and were going to us that?

might be wise to send 3 an SAR.

 

 

 

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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  • dx100uk changed the title to Lowell claimform - old Mobile Debt - Missed Defence date now judgement- Can I Do Anything

Yes DX your right they cut him off and charged for the rest of the contract even though he couldn't use it.

 

Yes I was going to submit a defence (one from this site) TBH I thought I had 33 days from the 4th of Jan and not the 17th of Dec - I really could kick myself. I'd have done it earlier as well but I've be poorly recently with this dam Covid (at least I've had it now). 

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HI Guys, sorry to ask again but is there anyway I can appeal against this or is all lost?

 

Many thanks

 

Hugh

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By appeal you mean set a side...the application fee would be £255 with a hearing (unless your exempt from fees )so you need to ask yourself ....would it be worthwhile..or better use the fee to pay off the judgment before its registered ? 

 

The court wont accept your mistake and show any leniency.

 

Lesson learned for the future...19 days to AOS and a further 14 days to submit a defence = 33 days in total. 

 

Sorry 

 

Andy

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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Cheers Andyorch - your spot on lesson learned - Just one think does it all need paying straight away for it not to be registerd or can I set up a payment agrement and still stop it being registered - again many thanks Lushni

 

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paid in full sadly

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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