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    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Civil National Business Centre, Northampton MCOL Northampton N1 ? Manual Claim CCMCC (Salford) ? New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ? If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS) Name of the Claimant ? CA Auto Finance UK Limited How many defendant's  joint or self ? One (self) Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 02 May 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  Unpaid car loan By an agreement in writing dated 26 November 2015 and made between the Claimant and the Defendant, the Claimant loaned the Defendant a sum of money. The agreement was Regulated. The Defendant failed to make payment of the sums due and the Agreement was terminated by the Claimant. On the 7 February 2019 the balance due from the Defendant was £8,196,38. The Defendant has paid £0.00.                                                             THE CLAIMANT THEREFORE CLAIMS  1. £8,196,38 2. Contractual interest to the date hereof £0.00 3. Further interest at 10.70 per annum (£0.00) per day until judgement or sooner payment. 4. Costs to be assessed. CLAIMANTS CLAIM £8,196.38                                                                                                                                            OUR REF HXC/M0052854                                                                                                                                                DIRECT LINE 01293 596922                      What is the total value of the claim? £8751.38 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? In Branch 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. Original Creditor was FCA Automotive Services UK Limited Were you aware the account had been assigned – did you receive a Notice of Assignment? No and No 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 ? No Why did you cease payments? Unaffordable What was the date of your last payment? Feb 28 2018 Was there a dispute with the original creditor that remains unresolved? Yes (irresponsible lending and they did not supply all documents when CCA sent. The Terms and Conditions they sent as part of the request were different to the original Ts and Cs. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   PRIVATE.pdf
    • Thank you. You contacted directly with the parcel broker so your best option is to proceed directly against them for breach of contract. I hope you have read enough to understand that you will not be able to rely on the Consumer Rights Act 2015. Do you understand why? Have Parcel to Go giving you a reason for declining reimbursement? Do you have anything in writing from your customer which shows that they did not refuse delivery and which identifies the actual circumstances of the situation?
    • Which Court have you received the claim from? CIVIL NATIONAL BUSINESS CENTRE, NORTHAMPTON Name of the Claimant? LOWELL PORTFOLIO LTD How many defendant's joint or self? SELF Date of issue – 03 MAY 2024 Particulars of Claim What is the claim for – the reason they have issued the claim?  1.THE CLAIM IS FOR THE SUM OF £6000 DUE TO THE DEFENDANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER ACT 1974 FOR A LLOYDS BANKING GROUP PLC ACCOUNT WITH AN ACCOUNT REFERENCE OF (ACCOUNT NO. 16 DIGITS LONG). 2.THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED BY THE AGREEMENT AND A DEFAULT NOTICE WAS SERVED UNDER S.87(1) OF THE CONSUMER ACT 1974 WHICH HAS NOT BEEN COMPLIED WITH. 3.THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON (DATE) NOVEEMBER 2016 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. 4. THE CLAIM INCLUDES STATUORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FOR THE DATE PF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUM BE OF £0.00. THE CLAIMANT CLAIMS THE SUM OF £6000. What is the total value of the claim? £6500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES, NOTICES OF CLAIM.  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? NO Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after April 2007?  BEFORE  Do you recall how you entered into the agreement...On line /In branch/By post? I DONT RECALL Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? NO  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.  Were you aware the account had been assigned – did you receive a Notice of Assignment? THE FIRST I RECALL WAS A LETTER FROM LOWELL SAYING THEY NOW OWNED THE DEBT.  Did you receive a Default Notice from the original creditor? NOT THAT I RECALL OR BEEN PROVIDED WITH THROUGH CCA REQUESTS.AT LAST REQUEST THEY SAID THEY WERE AWAITING THE DEFAULT NOTICE AND NO ACTION WOULD BE TAKEN UNTIL RESPONDED WHICH TO DATE I'VE NOT HAD OR SEEN.  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  NO, I RECEIEVED LETTERS OF CLAIMS   Why did you cease payments?  i was under medical care which caused me not to work. around that time lowell had wanted me to increase my payments as it would take too long to clear the debt . i had been paying them what i was paying the bank. i explained my then health & financial position and that i was unable to do so. they put a hold on my account for a few months so i cancelled my direct debit. i made a full and final offer which was rejected. when they wanted payments to resume i explained i was in a worse financial position, still undertaking treatment and now unemployed so could not start payments as they wanted. after sending my financial spreadsheet they kept sending letters asking what i was going to do. i couldn’t see a way forward i felt stressed and under pressure so wrote that i would not be corresponding with them anymore. What was the date of your last payment? NOVEMBER / DECEMBER 2018   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? I COMMUNICATED MY FINANCIAL PROBLEMS WITH THE CREDIT CARD COMPANY, WE MADE A MONTHLY PAYMENT AGREEMENT WHICH WAS KEPT FOR SEVERAL YEARS UNTIL DEBT WAS SOLD.  
    • Perhaps you would care to read this and reflect on your continuing comparison of Israel to Nazi Germany Jugg    ALEX BRUMMER: How grotesque of pro-Palestine protesters to besmirch Auschwitz, the place where my grandparents died WWW.DAILYMAIL.CO.UK As the son of a refugee from the horrors of the Holocaust, I can feel nothing but contempt for the ignorance, gross... My elderly aunt Sussie and cousin Sheindy had been teenagers at Auschwitz and Belsen but survived and are alive to this day. What they will make of the protesters who waved flags, heckled and chanted as Israelis took part in the March Of The Living – the annual walk from Auschwitz to Birkenau – I cannot imagine. The images now circulating of the protesters are indescribably disturbing. They can only bring back memories of those final moments Sheindy shared with my grandparents when my grandmother Fanya squeezed her hand and told her to lie about her age to avoid the gas chambers. Claiming she was older, and could work, meant that Sheindy lived, not died. The outrage perpetrated by Hamas on October 7 has brought back the most terrifying memories for these two women – memories of pillage, mutilation and starvation. The Holocaust, or Shoah to use the Hebrew word, was the deliberate, industrial-scale killing of Jews.  It is bad enough that pro-Palestinian and pro-Hamas sympathisers have chosen to steal the language of the Holocaust.  Any comparison between Israel's retaliation and the monstrous genocide of the 1940s is odious and anti-Semitic
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Lowell/Overdales letter of claim now claimform - 2 CAT debts JDW + Studio ***Settled at Mediation ADR***


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Do it now nothing is going to change from now till then.....save yourself a week of further stress:becky:

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Thankyou for all of your help so far, Defence has been submitted - now the sitting and waiting begins. After reading other posts on the Lowell threads i can see that its likely for me to receive an expenditure letter next from court/overdales. I also am awaiting the CCA request and CPR31 request.

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expenditure letter??? who from?

 

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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n180 DQ..... they have 1 cal month or it gets autostayed but remember there are always delays so dont start cheering till double that time.

 

mcol status will advise online when/if they've been sent out, but be aware lowells will send their early with a letter too designed to intimidate and harass. go read about 20-30 lowell claimform threads.

 

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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which should correspond with DQ being sent out in MCOL status.

 

good work

 

dx

 

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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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as they do.. NEVER EVER discuss anything to with any debt on the phone to anyone esp a scamming DCA ...they lie.

 

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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  • 2 weeks later...

I have a reply from Overdales with reference to CPR 31.14

 

We note you mention a copy of the full agreement was not sent to you. Please find enclosed a copy of the reconstituted agreement which is also enforceable and adequate to evidence at the hearing should the matter proceed to one. The reconstituted agreement is identical to the agreement that would have originally been signed.

 

The assignor has also provided a transactional statement which provides a breakdown of all purchases and payments made. A copy of this has also been enclosed for your review. 
 

The assignor did not retain a copy of the Default Notice however did provide a screen print of the computerised system which evidences the Default Notice was sent to you on XX/Xx/2020. A copy of this is enclosed for your review.

 

Due to the outstanding balance not being paid, the debt was legally assigned to our client pursuant to Section 136 of the Law of Property Act 1925. Please find enclosed copies of the Notices of Assignment.

 

Our client has been instructed that the agreement was entered into on XX/XX/2019. The assignor has informed our client that the last payment of £XX.00 was received XX/XX/2020 and no further payments were received.

 

From the information provided to our client in good faith and the interna checks previously conducted, our client remains confident that you are liable at the time of the claim being issued. Our client became entitled to add interest in the sum of XX.XX to the claim amount. You also became liable to pay the claim issue fee of £80.00 and fixed costs for issuing the claim of £80.00. The total amount due under this claim therefore stands at £XXXX.XX

 

Settlement proposal

Nonetheless, our client remains willing to  reach an amicable solution by agreeing a settlement proposal, favourable to both parties by avoiding further costs and fees. Our client is willing to accept,

 

A LUMP some of £XXXX.XX

Or two payments of £XXX.XX

Alternatively please respond to this email with any settlement proposals you may have.

 

Should we fail to hear from you within the time specified above we have been instructed to proceed with this litigation activity.

 

You may seek independent legal advice from your local Citizens Advice Bureau or a firm of solicitors of your choosing. 

 

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std letter everyone gets on every lowell claimform thread.

 

designed to intimidate and harass people as you pointed too earlier

 

 

  • Thanks 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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