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    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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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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Lowell claim form - old very cat debt ***Claim Discontinued***


Mdot43
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we have agreed to mediation and have received a text yesterday saying to expect a call tomorrow.

 

Lowells also sent a letter asking to settle for £450 which we haven't responded to, they state that very destroyed the device after we didn't remove it from the 'find my phone' app.

 

We did not have any record of the device being on the app this end as the reason it was returned was because it was faulty.

 

They say because of this Very did not accept the return. 

 

Any tips on tackling the call tomorrow or just stick to our guns that we aren't paying for a device we don't have. 

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the lowell letter is a std one, have you not been reading up in the downtime?

they not provided any paperwork like signed agreement. default notice etc that you requested??

 

you do not HAVE to mediate.

you have no paperwork so cant make informed decision

 

refuse on the phone

 

 

 

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,

 

thank you for the reply, yes I did a lot of the reading and was aware it was a standard response by them so we didn't respond, I just thought I'd mention it for completion and future people who go through the same process.

 

They still haven't supplied the paperwork I requested originally, so no signed agreement or default notice received.  I will tell the mediator that when they call. We have now also passed the 120 days statutory compliance time limit (on 151 now since I sent the letter) so I will mention that also. 

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what statutory compliance 120 days?

 

simply tell the mediator the claimant has failed to provide you enough information to meaningfully enter any mediation process.

 

 

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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How did Very destroy the item is there any proof of this destruction. 
Can Apple provide any confirmation of its destruction. 
Just a thought but have you tried contacting apple for All data re you including the watch 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 months later...

Update - so we received a court letter stating we needed to produce witness statements by 4pm Tomorrow. 

 

Just checked my email to get some documents to include and there was an emailed notice of discontinuance! 

 

WE WON!!!!!!!!!!! 

 

Thank you everyone for your help off to donate but thought I would update as I've done so much reading on here and hate not knowing how they work out. 

 

 

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Nice one and well done. I would check with courts that it is really disxontinued as would not put it past lowell to lie. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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They close at 4 l think but as l said l.would not put it past lowells. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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:becky: As expected...topic title updated but as advised check with the court to see if they have been informed ...if not you may still have to submit a statement and evidence just to be on the safe side.

 

Andy

We could do with some help from you.

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  • AndyOrch changed the title to Lowell claim form - old very cat debt ***Claim Discontinued***

well done!!

 

thanks for the donation ...:yo:

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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Did u contact the courts.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Thats good. Congrats again 

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OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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@AndyorchJust a question it is related to this but more general as well. 

 

Could Mdot or any other defendant ask the courts to award costs against the discontinuing party once it has got to this stage. 

 

Mdot has incurred research time costs as well as other time costs like paperwork etc. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Afraid not GM as this is Small Claims Track and CPR 38.6 is not applicable.

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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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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