Jump to content


  • Tweets

  • Posts

    • Oh yeah... So there is. ..    Hopefully it won't try to upgrade 😂😂
    • There's the ability to download origin for macOS Mojave and older right on the EA Website. www.ea.com/origin-for-mac      
    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes 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? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell 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? Cant find a letter that say so 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 ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 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? No
    • In addition to the advice and questions asked by my site team colleague above, where did you get the template from which you used to reply to the letter of claim?
    • should have come here first really. What you requested was a load of irrelevant twaddle. What was the original debt? Have you moved since taking it out? If TM Legal are chasing, that should means that Perch own it now? Did you get the letter of claim by email or post? You should kill the emails immediately.   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      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
        • Like
  • Recommended Topics

UKPCL ANPR PCN claimform - overstay - MCDONALDS· WAKEFIELD 2 569, DEWSBURY ROAD WAKEFIELD WF2 9BY ***Claim Discontinued***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 131 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

do your no1.

 

file the blue txt on MCOL.

 

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... 

Link to post
Share on other sites

For reference, 

 

This is the exact email response body: 

 

Quote

 

Dear Sirs,

 

 

We write in relation to your recent correspondence.  

 

Please see attached requested evidence in relation to the case.

 

 

Kind Regards, 

 

Alexandria Owens

 

DCB Legal Ltd  

 

Tel: 0203 838 7038 | DX 23457 Runcorn 

dcblegal.co.uk | Twitter | Linkedin | Facebook 

 

 

She also attached this attachment (it did not load previously, internet issue) Signs.pdf

Along with a site plan, and original notice to keeper. 

 

 

Edited by RyanB96
Link to post
Share on other sites

thats useless to them

simply a temple.

 

 

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... 

Link to post
Share on other sites

now please get reading up!

there are 100's of pcn claimform threads here

you need to be 1000% sure you know 

whats next

how to respond

what comes after that etc

read a good few 10's of threads

 

but dont do anything further bar the no email - email without checking here first.

 

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... 

Link to post
Share on other sites

  • 4 weeks later...

The latest, despite previously stating not to use email, I received an email from DCB Legal... (from a different email to the one I blocked too) 

 

Quote

Good afternoon


Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

 

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

 

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

 

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

 

Kind Regards,  
 
Aaron Lomas 
 
DCB Legal Ltd  

 

Edited by RyanB96
Link to post
Share on other sites

Hi Honeybee,

 

I already sent them an email stating not to use email under any circumstance. I will send them a letter now too, and reply to this email again stating not to use email under any circumstance -

 

Is there any extra steps I can take? 

Is there any harm in also specifically stating the address to us for them to communicate via post? 

 

Thanks 

Edited by RyanB96
Link to post
Share on other sites

yes do it

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

  • 4 weeks later...

In other threads I have read, defendants were issued a letter before claim, before the claim form came through, at which point it was time to send them a letter basically demonstrating I will give them grief.

With my case, for some reason they skipped that step.

Is it too late to send them that "stinking letter", or would now be a good time to? 

Link to post
Share on other sites

You need to include in your statement that the claimant did not utilise Pre Action Protocol, ideally it should have been in the defence you have already submitted but you can catch up if the claim proceeds.

 

Quote

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 respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

 

 

 

.

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

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

Link to post
Share on other sites

  • 1 month later...

Hi, 

 

just an update - I have now received a proposed allocation to the small claims track. 
 

I’ve been reading some other posts and with particular interest to something @lookinforinfo said on this thread 

 

about loading/unloading then the parking begins…

when I infringed, I was taking a severely hungover/poorly friend to maccies to help sober them up.

It took them about 30 minutes to get out of the car for fear of throwing up if they moved.

Similarly, it took them awhile to move to get back in the car before leaving.

Would I be right in thinking I can use that to my advantage? 


finally, I misunderstood the previous comment, and reading other threads hasn’t cleared it up (there are so many!)

- is it too late to send a snotty letter since court proceedings have begun,

or is it still early enough for me to send a snotty letter that may make them think twice about paying the hearing fee
 

Link to post
Share on other sites

Briefly, you are in a court case now.  You have to concentrate on winning in court. 

All the previous "snotty letter" ideas about dissuading the PPC from taking you to court are far too late now.

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

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

Link to post
Share on other sites

3 minutes ago, RyanB96 said:

Would I be right in thinking I can use that to my advantage? 

nope

3 minutes ago, RyanB96 said:

is it too late to send a snotty letter

way too late.

so you received an N180....

100's of like threads here upon what to do  with that.

you really really really need to be reading up between downtimes then you'd know what to do and how to react.

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... 

Link to post
Share on other sites

Hi, 

I have filled in the Small Claims Track Questionnaire as below: 

Mediation - No (Parking Claim) 

Small Claims - Yes

Suitability for determination without a hearing - Can I select yes to this? If I am giving a witness statement and a judge is deciding anyway this seems quite convenient? 

For nearest county court, I have used the gov website to search by postcode - I assume any "county court" is suitable so this one is fine? (This is nearest)  

WWW.FIND-COURT-TRIBUNAL.SERVICE.GOV.UK

Boston County Court and Family Court - Find contact details, opening times, how to get to here, types of cases managed, disabled access to the building

 

Expert Evidence - No  

Witnesses - 1 (Me) 

I plan to send off today 

 

Link to post
Share on other sites

4 minutes ago, RyanB96 said:

Can I select yes to this? If I am giving a witness statement and a judge is deciding anyway this seems quite convenient? 

You could but past history points to a better outcome if you attend and fight your corner in person.

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

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

Link to post
Share on other sites

Neither...the judge will outline the claim and your defence and may ask you and the claimant questions to clarify then determine the outcome.

 Its not Crown Court :becky:

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

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

Link to post
Share on other sites

As mentioned before, I had 2 poorly mates in the car with me that needed food/water. One was particularly poorly - would it help my case if either of them were also witness? 

It is true to say I was more focused on getting in and parked as this person was likely to vomit, that I wasn't exactly looking for parking signs! But I'm not sure if that would go in my favour or against me. 

  • Like 1
Link to post
Share on other sites

It could help but the DQ is simply to allocate the claim and provide further directions on how the claim will proceed and how to prepare for the hearing. You will be submitting a further statement after allocation in detail before the hearing in your own words of what actually happened leading up to the event.

A supporting statement from one of your friends may assist  but ultimately you are the driver and responsible for where you stopped/parked and poorly friends will not really cut the mustard IMHO.

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

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

Link to post
Share on other sites

I will fight this in person then and I think you're right on the poorly friends - thats a stretch I guess.

What appropriate reasons can I give for it to "not" be suitable to be sorted without a hearing?

- since ultimately it could be

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...