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    • Last time, the Judge provided me with, I would say, the most amount of time to speak. She started with HMRC, and they moved on to me. Essentially, since HMRC last responded to me (the original document I scribbled notes on), I feel it's right I should go first and just comment on each of their responses.   I'll leave sending that link to them, just in case HMRC then find something against it. I'll just bring it up, and mention the above quotes.
    • It's fine. Someone who deals with this more often than me will know.   HB
    • OK, your notes make sense but the outcome depends on what time you're given to voice your concerns.    I'd mention that HMRC have repeatedly failed to address your concerns that they repaid tax for an EIS Company that simply didn't exist - totally negligent !   Great bit of video given by Mr Wilde (bald HMRC guy) admitting they failed to even check if an EIS Sceme even existed or was genuine and this was criticised by the MP. Well done to UncleB for finding this.   Probably too late to fwd this to the FTT but no harm in trying.   Good luck !  
    • Two further letters from Lloyds Bank. They state the terms offered in the Tomlin order are "standard", I think they left out the part where they meant standard for their client. My understanding is that the terms of a Tomlin order should be acceptable to both parties. While I could get bogged down in the fact the wording of their proposed terms in their Tomlin order were very wide, and while perhaps not relevant they appear to fit very closely the definition of unfair terms laid out in the Consumer Rights Act, this is probably a waste of time and better saved for the judge should the matter of costs arise. I'm not sure there is really any requirement to reply if one is 100% certain the claim will be awarded, however there is an opportunity to save Lloyds Bank from further wasting the court's time. A proposed reply below.     Lloyds - Defendant - Letters 09.08.22 - Redacted.pdf
    • Hello guys, was hoping to get some advice/help in regards to sorting this debt out.   On the 30th April 2016 I got finance approved on a car through Santander.   on the 7th January 2017 I had an accident in this car and it was written off. The insurance company paid the money straight to Santander Consumer Finance who then said I had to pay up £1047 immediately or they would add a default to my name. I originally agreed to pay £500 for 1 month and the remaining amount the following.   Due to difficulty getting the first £500 together I rang them 3 days after the payment was due and apologised telling them of my difficulty, but they said as I had broken the agreement I now had to pay £2247! I was furious and instead offered to borrow some money from a friend and clear the original amount that same day, they point blank refused to accept that so I told them to get stuffed.   In 2021 I received numerous letters from Cabot and didn’t think anything of it as the default had now come off my record.   This year I have received a letter from Mortimer Clarke with threats of a CCJ.   I then decided to email them this;   Dear Sir/Madam   I received your letter regarding the account indicated above, claiming that I owed a specific amount. I would like to inform you that I do not know of any such amount I owe Cabot Financial (UK).  I would also like to call your attention to the FCA’s (Financial Conduct Authority) Consumer Credit sourcebook that states that: A firm should neither ignore nor disregard a customer’s claim that his debt has been settled and/or is disputed and must stop making demands for payment without providing the customer clear justification and/or evidence as to why the claim is not valid. 7.5.3 A firm must suspend or cease the steps it or its agent takes in the recovery of a customer’s debt where the customer disputes or has settled the debt on valid grounds or what may be considered valid grounds. 7.14.1 If a customer disputes the debt on valid grounds or on what may be considered valid grounds, the firm must re-examine the dispute and provide details of the customer’s debt to the customer in a reasonably timely manner. 7.14.3 If there is a dispute regarding the identity of the borrower or the amount of the debt, it is for the firm (not the customer) to establish, that the customer is indeed the correct person/identity in relation to the debt owed or that the amount is correct under the agreement. 7.14.4 A collection firm must provide the customer with information regarding the outcome of its investigations about a debt that the customer disputed or has settled on valid grounds. 7.14.5 If the customer disputes the debt and the firm who seeks to recover the debt is neither the lender nor the owner, the firm is required to: > (1) Pass the information given by the customer to the actual lender or the owner; or > (2) If the firm was given authority by the lender or the owner to investigate the dispute, the firm is required to notify the lender or owner regarding the outcome of the investigation. 7.14.6   You have not ceased your collection activities whilst investigating a reasonably disrupted or queried debt, a method that is considered unfair and deceptive. Furthermore, by continuing to make demands from me to make payment whilst ignoring/disregarding claims that my debts are disputed or settled, your agency is committing what amounts to psychological and/or physical harassment. In light of this, I am asking that you do not make contact with me regarding the above account without providing me with evidence regarding my liability.   I shall wait for your response confirming that the matter I have presented above is closed. If I do not receive such confirmation, I shall file a complaint with the department of trading standards and may inform the FCA regarding your actions. If necessary, I shall also forward a complaint with the Office of the Financial Ombudsman Service and Information Commissioner.   I look forward to your response.     They replied with a copy of the original finance agreement, however the date of that agreement was 30th April 2016, that would now be more than 6 years.    Furthermore the name on the agreement has been spelt differently to mine and is missing part of my first name.   My question now is how do I respond to this?   Thanks in advance for any advice (I may take a bit of time replying due to work constraints)
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Lowell/Overdales Claimform - old paypal Debt.


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Hi All, i have been advised by a friend to seek help on this forum as he was helped out by members here & i hope that i will also be able to get some assitance.  I hope i have filled in this information correctly.

 

Which Court have you received the claim from ? County Court Business Centre - Northampton

 

Name of the Claimant ? Lowell Portfolio I LTD

 

Date of issue –  20 May 2022

 

Date  to acknowledge = 07/06/2022

 

date to submit defence- 21/06/2022

 

Particulars of Claim

 

What is the claim for – 

 

1.The claim is for the sum of £2300 due by the defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference xxxx.

 

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 Credit Act 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on xx-09-21, notice of which has been given to the defendant.

 

4. The claim includes statuatory 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 £124.

The claimant claims the sum of £2420.

 

What is the total value of the claim? £2600
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I can't recall.
 

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? Loan - revolving credit, PayPal Credit.
 

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
 

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? I can't recall
 

Did you receive a Default Notice from the original creditor? I can't recall
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I can't recall
 

Why did you cease payments? August 2020
 

What was the date of your last payment? 01/08/2020
 

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

 

With regard to not being able to recall getting these letters, i was in a very bad place after losing a wife & daughter & went down a dark hole. In all likelyhood i did get them but i can't remember.

 

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Hello Westgate and welcome to CAG, excellent job getting that filled in as your first post! your friend deserves a handshake :)

 

Assistance will be along very soon, I'll be watching and rooting for you

 

BT

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Over the years CAG has probably helped hundreds of thousands of people, only a small number of people come back and let us know what happened or to say thank you

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Essential Reading: Dealing with Customer Service

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Did you take out a paypal credit loan and when did you do it please?

pre brexit?

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/Overdales Claimform - old paypal Debt.

Looks like needs to do AOS on MCOL like right 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

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Yes by 4.00pm

 

Date of issue –  20 May 2022

 

Date  to acknowledge = 07/06/2022

We could do with some help from you.

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Clock is ticking Westgate22, you must file anAOS today right now or a default CCJ will be a certainty.

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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do AOS now. yes it will be ok

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL 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 MCOL.
..
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]
...
.[use our other CPR letter if the claim is for an OD or Telecom 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
.
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]

..............


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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Thank you so much! Fingers crossed i don't get hammered for not doing by 4pm!

 

Just a quick question, i am logged in now,

 

Your Unique Reference - i assume i can leave this blank?

Personal Details - again blank as they don't differ from claim form

D.O.B. - do i need to fill this in?

Tel & email - do i need to fill this in?

 

to answer the question, did i take it out PRE BREXIT, i found the email that says i signed up to it Nov 2018, and it says

 

"Credit is offered by PayPal (Europe) S.à.r.l et Cie, S.C.A which is duly licensed as a Luxembourg credit institution and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier."

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you fill in all they ask for on mcol after clicking the AOS section.

 

so clearly PP EU.

so i linked you another like thread earlier

go read it

just infront of you in the claim process.

 

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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  • 2 weeks later...

Hi all, hope everyone is well. I haven't been on in a while, still trying to get  used to working 2 jobs & getting by on 5hrs sleep has been pretty hard to get used to! I have to file my defence by today and would appreciate if someone could take a look please.

 

I sent a CCA to Lowell & a CPR  31:14 to Overdales about a week ago, both were sent recorded but i can't find the slip to check tracking info! Should i re-send them again and this time make sure i don't lose the slip?

 

Particulars of the Claim

 

1.The claim is for the sum of £2300 due by the defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference xxxx.

 

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 Credit Act 1974 which has not been complied with.

 

3.The debt was legally assigned to the claimant on xx-09-21, notice of which has been given to the defendant.

 

4. The claim includes statuatory 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 £124.

The claimant claims the sum of £2420.

 

My Defence:

 

The Defendant contends that the particulars of claim 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 particular allegation to which a specific response has not been made.

 

1. Paragraph 1 is noted. I have had financial dealings with PayPal  in the past but cannot recollect the account number referred to by the Claimant.

 

2. Paragraph 2 is denied. I am not aware of service of a Default Notice by the original creditor the Claimant refers to within its particulars of claim. 

 

3. Paragraph 3 is noted.

 

On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents referred to within the Claimants particulars to establish what the claim is
for. To date they have failed to comply to my section 78 request and remain in default.

 

4. Therefore it is denied 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 the nature of the breach and evidence by way of a Default Notice Pursuant to s.87(1) of the Consumer Credit Act 1974.

 

5. As per Civil Procedure 16.5 it is expected that the Claimant prove the allegation that the money is owed.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

 

 

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No need to re send CCA/CPR...with regards to your defence although you not recall recieving the Pre Action Protocol I would still throw the following in after your intro....

 

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.

 

Rest is fine.

 

Andy.

 

.

 

We could do with some help from you.

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  • 1 month later...

Hi guys, i have received a form N180 which i have attached. I have read it and it looks like i would be able to use the mediation service. When filling out this form am i correct in saying i only need to fill in A, tick yes to mediation, fill in B with my details inc phone & email and then sign the last page?

 

Overdales did respond very quickly with a copy of my credit agreement, a notice of arrears, a statement, notice of assignment. In their email to me they have said their client is willing to use mediation:

 

"Our client has confirmed their willingness to mediate in the Directions Questionnaire, which may result in settlement without further legal action and costs. Should you wish to accept our offer to engage in mediation, this would be conducted over the telephone by an independent Court mediator. If you agree to mediation, please ensure you tick the “yes” box in part A1 of your own Directions Questionnaire which will be sent to your directly from the Court"

lowellN180.pdf

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If they are willing to mediate, maybe something wrong with their paperwork and proofs of agreement..  With mediation they bargain like a carpet stall owner in the old Bazzaar in Cairo.

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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You should have been researching here in the downtime not just disappearing for a month 

 

Then you'd know what to do.  

 

Does mcol say your has been sent!

 

How did the fleecers get your email?

You need to kill that quick else they'll file their way 1 min to midi removing your chance to counter it 

 

Scan up all the returned paperwork to one mass pdf .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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Share on other sites

when i check MCOL it says the following:

A claim was issued against you on 20/05/2022

Your acknowledgment of service was submitted on 07/06/2022

Your acknowledgment of service was received on 08/06/2022

Your defence was submitted on 21/06/2022

Your defence was received on 21/06/2022

DQ sent to you on 14/07/2022

DQ filed by claimant on 14/07/2022

 

They probably have my email address from Paypal

36 minutes ago, dx100uk said:

Scan up all the returned paperwork to one mass pdf .read upload 

Do you mean the stuff they sent me by email?

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You need to complete and return by 1st Aug best get it in the post today.

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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Dont worry about that for now get the DQ filed and served on the claimant...today

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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D1 name your local county court and in contact details on the claimant's copy leave email number mob blank...rest is fine

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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Great, thank you so much!

 

Do i also need to send the EX730? On the one i have from the court it has a tick box, but the linked one does not have the same tick box available.

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