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    • FWIW that is a letter Of Claim. clearly says so page 2. if you wish to reply.. then hit letter of claim follow post 5 dx      
    • @dx100uk being the stresser that I am, I’ve tried to get as many viewpoints as I can. I’m pretty dismayed with one I’ve received on Reddit, whereby someone thought I had a good case, but have now backtracked, and gave some Argos terms and conditions which have me worried.    They firstly wrote to my query…  OP, this is a straightforward cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which replaced the Distance Selling Regulations. That you picked it up from an Argos store is irrelevant - it was a distance contract because you didn't get to inspect the goods before making the purchase. As your parents cancelled the contract within 14 days of taking possession of the item, by bringing it back to the shop, they do not need to prove that there is anything wrong with it at all. The 14-day window for a refund technically started on the day you (tried) to return it. However, as it is on you to show that you cancelled it, I suggest you do so in writing to Argos. Please also complain to trading standards (you must use the Citizens Advice Bureau to do this now) about Argos's behaviour - we see this problem here on a regular basis.     he has then since came back with this…   In the Regulations, reg 5 provides that "distance contract" means: a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; Argos's terms and conditions say that the contract is not concluded until the goods which you have already paid for have been collected (clause 2.3). Depending on how "collected" is interpreted, this may not be a distance contract after all, because the contract was not "concluded between a trader and a consumer ... without the simultaneous physical presence of the trader and the consumer," and there was not "the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded". So Argos's position would be that you could have arrived at the front counter, had the iPhone brought to you, inspected it, and decided not to take it. That would have meant that the order was not "collected", so the contract was not concluded - there was no contract. At the point you decide to accept the iPhone, the item is "collected" and the contract is concluded - but as this was on their premises, it cannot be distance selling within the meaning of the Regulations. I must admit, it's a new one - I can't find mention of them adopting this position successfully anywhere online but I'm afraid it is fairly legally compelling. To counter this, you would need to try and show that the term around when the contract is concluded is a sham or unenforceable term, or more likely unfair, but even with the considerable leeway afforded to consumers in consumer contracts, you may struggle to defeat privity of contract. I think go back to trading standards and see where you can get.  
    • not a chance of police involvement after the event the police are not interested in small fry, just the big organised gangs that shoplift to fund drugs. dx
    • or just click any named forum and we'll move it here for you.   dx  
    • oh yea ta! one last question what date was the CCJ/Default judgement? dx
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Claim form Lowell/Overdales re multiple New Day credit cards


cx085
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Which Court have you received the claim from ? Northampton N1

 

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 10 Jun 2022

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

1. The Claim comprises the following Agreements the Defendent entered into:

a. New Day Ltd with reference xxxx and current balance of xxx

b. New Day Ltd with reference xxxx and current balance of xxx

c. New Day Ltd with reference xxxx and current balance of xxx

d. New Day Ltd with reference xxxx and current balance of xxx

The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

And the Claimant claims:

a) The total of the said sums being £3886.87

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £310.95

c) Costs

 

What is the total value of the claim? £4482
 

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? n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Cards
 

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 ? 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. Accounts assigned to Lowell
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes
 

Did you receive a Default Notice from the original creditor? Cannot remember or find them
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Cannot remember or find them

Why did you cease payments? Lost job and close member of family was seriously ill and I buried head in sand re financial problems.
 

What was the date of your last payment? Approx 2 years ago
 

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? Initially applied for payment holidays during COVID then made no further payments.

 

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

 

 

I received a Letter of Claim approximately 6 weeks ago and ignored it until I received a claim form for 4 New Day credit cards that were assigned to Lowell.

 

I have acknowledged service and will start preparing my defence.

 

Are Lowell able to issue claims for multiple accounts on one form?

I will send CCA requests on Monday.

Do I need to send them a separate request for each account with separate postal orders?

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Yes they càn.

Cca for each.

 

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 months later...

Further update to this.

I acknowledged the claim.

CPR request sent to solicitor and CCA requests for each agreement to Lowell. Still not received anything back from either other than letter to say information would be requested from the original creditor and offering me a discount to settle.

Read up loads of similar threads here and sent the standard holding defence.

Received and sent back the DQ and ticked agreeing to mediation.

Received mediation appt by email for 6 Sept.

The email from mediation service says:

Please read the following statements - mediation is only available if you can answer yes to all 3:

1. I am willing to negotiate on the amount of the claim and I will consider a compromise.

2. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.

3. I’m available for the entire time slot on the date of my appointment.

If you cannot answer yes to all 3 statements, mediation is NOT suitable for your case and you should contact us: [email protected]

 

Yes I have read other similar threads, but didn't think it was right to blindly say yes to mediation. I replied confirming I accepted the appointment, but was still waiting for the information I had requested from the claimant and solicitor and would need these beforehand to make an informed decision.

Yesterday I got another email from the mediation service which says:

Thank you for your email. Can you please reply no later than 4 days before the appointment date offered confirming whether you want to keep or cancel the mediation appointment..

I still have no paperwork. Should I confim the appointment and let them know at the start of the call I don't have the information I need or cancel it now?

 

 

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Either will do 

 

Well done on getting it all done by yourself 

 

Post up the defence you filed for ref sometime 

 

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

  • 1 month later...

Further update.

I notified Small Claims mediation team 4 days before mediation appt that Overdales had not sent any documentation to me and I could not make an informed decision.

 

Received Notice of Transfer of Proceedings to local County Court dated 8 September 2022 as the mediation team could not arrange mediation in time.

 

On 28 September, I received a bundle of about 500 pages from Overdales.

I have attached the Overdales letter and  the DN for Debenhams card. The DNs for the other cards are identical with a different account number.

 

They have included monthly statements for the Debenhams, Amazon and TopShop cards, but not the TUI card.

 

The letter says they have now been provided with copies of the agreements and have attached them. But I have fully checked the bundle and there are no credit agreements for the Amazon, TUI and TopShop cards.

 

The Debenhams agreement includes 24 pages of Terms and Conditions, none of my details are on there but a statement on front page that my personalised details are on the back of my welcome letter. Checked that letter and nothing on there.

 

Their letter again mentions their offer of mediation and mentions I should tick the box on my own DQ from the Court (no acknowledgement that the case has already been transferred).

 

Should I do anything regarding the lack of agreements in the bundle or just wait till I hear from the local County Court?

 

Separately from this, and without informing Lowell or Overdales,

I made a formal complaint regarding irresponsible lending to NewDay.

 

I had a total of 6 accounts with them. I have received a response and they have upheld my complaint and agreed that 5 of the accounts (including all 4 in this case) should not have been approved. They say they will refund all interest and charges on these accounts. But the letter doesn't mention the accounts were sold to Lowell.

 

What should be my response to this letter?

Should I inform Overdales or just let the case carry on?

 

 

Overdales redacted-min.pdf

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difficult one as the IRL complaint sort of acknowledges the debts, but theres a few claimform threads here whereby IRL was involved and the debt reduced, cant remember the end result.

 

but yes zero signs of any signed agreements, however they were taken out?

 

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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Thanks DX. I knew IRL complaint was a risk but NewDay let me take open first account with 11 defaults on credit file and 2 CCJs, increased my credit limit from £1200 to £4600 and then let me open 5 other cards. I am sorting out all my debts myself and not going to blindly pay any DCA.

 

I think for now I am going to keep the 2 issues separate and let the claim run. My defence is based on the lack of correct paperwork and they have still not sent the agreements. They would have been internet applications. Will see what they come up with from their filing cabinet if it progresses as far as a court hearing.

 

 

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  • 3 months later...

I have received a hearing date at my local County Court in April. I will get working on my witness statement.

One of the directions on the notification letter states:

"The defendants to file and serve on the claimant copy of original agreement, copy letter of assignment, statement of account showing how amount of claim is calculated by 4.00pm on 23 February 2023"

 

I am confused with this. Should it not be that the claimant (Lowell) should serve the agreement paperwork on the defendant? Sorry if I'm not understanding this correctly.

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Scan the order up please 

 

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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yes 11  wrongway around:pound:

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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thanks dx. I'll contact the court on Monday.

I've been reading other threads but can't find a similar situation so far. Is it usual for the court to order the claimant to serve documents almost 2 months before the hearing?

 

Overdales sent 500 pages of statements  and copies of Lowell letters for all 4 accounts back in October. They sent 24 pages of terms and conditions for the Debenhams card, but none of my details were on there. No agreements for the other 3 accounts were sent.

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all that previous paperwork was just smoke and mirrors to hope you wet yourself.

 

i think you need to point out 2 errors in 11

 

11) The defendants to file and serve on the claimant copy of original agreement, copy letter of assignment,
statement of account showing how amount of claim is calculated by 4.00 pm on 23 February 2023

 

i think defendants obv should be claimant, BUT i also think the 's' should mean ALL 4 AGREEMENTS , all4 NOA etc.

they've failed to realise this is a merged claim 4 FOUR SEPARATE NEWDAY CARDS. 

they need to produce docs for all of them.

 

did you get 4 default notices yet?

 

 

 

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

On 02/10/2022 at 11:49, cx085 said:

Separately from this, and without informing Lowell or Overdales,

I made a formal complaint regarding irresponsible lending to NewDay.

 

I had a total of 6 accounts with them. I have received a response and they have upheld my complaint and agreed that 5 of the accounts (including all 4 in this case) should not have been approved. They say they will refund all interest and charges on these accounts. But the letter doesn't mention the accounts were sold to Lowell.

 

What should be my response to this letter?

Should I inform Overdales or just let the case carry on?

 

 

Overdales redacted-min.pdf 1.39 MB · 4 downloads

 

as for the above i would copy this to overdales.

has anything happened else re this?

 

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

so just to confirm, I should notify court that order 11 is wrong and that this is a merged claim and the case refers to 4 agreements and documents should be served for each?

I should notify Overdales that their bundle sent in September, after mediation didnt go ahead, was incomplete? I hadn't done this yet as wasn't sure whether to wait until witness statement to point this out.

 

 

 

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2 hours ago, cx085 said:

hi dx

 

just to confirm, I should notify court that order 11 is wrong and that this is a merged claim and the case refers to 4 agreements and documents should be served for each? yes

 

I should notify Overdales that their bundle sent in September, after mediation didnt go ahead, was incomplete? no, you dont tip them off whats up or missing!

 

 

 

sent overdales the FOS reply.

lets see what they do.

 

 

 

 

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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Thanks, I won't tip them off re whats missing.

 

The complaint hasn't had an FOS response yet.

It was NewDay who upheld my complaint regarding the 5 accounts, including these 4. Should I send Overdales the complaint response from NewDay? Wasn't sure how this would look regarding admittance of the debt.

 

I found another thread that involved Lowell and IRL but with 118118money and the claim was discontinued before a FOS decision.

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sorry yes send newdays response

 

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 months later...

Small update to this.

 

Sent Overdales the response from Newday re IRL. No response at all.

 

Contacted the Court by email end of January, pointing out the error on the paperwork for the hearing, auto response saying I would get a response within 10 working days.

 

Had no response, so wrote to the Court beginning of March, still no response.

 

Today, I called the Court. 4 attempts to get through.

When it was finally answered, I was abruptly told off for calling an emergency Counter Appointments number and to put my query in an email and they were working through a 30 day backlog.

 

When I was finally allowed to speak, I explained that I had emailed in January and it was now very urgent as the WS is due in 2 days, before the hearing on 19th April.

 

She wouldn't answer my questions over the phone, wouldn't tell me if the hearing fee had been paid and gave me a team leaders email to send my email again!

 

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Further update

No response still from Court re error on their Order paperwork.

Hearing still listed for 19th April. WS due tomorrow, 14 days before hearing.

Today, received 600 page bundle from Overdales. I'm due at work soon so no time to upload right now.

Contains their WS, credit agreement, DN and letter of assignment and statements for each  of the 4 cards.

WS mentions the IRL complaint and they have reduced the balance on each claim by the amount NewDay did so for interest and charges.

 

From looking so far they have suddenly found the TUI, Topshop and Amazon card agreements which weren't in the original bundle they sent months ago.

 

As mentioned above, I contacted the Court, by email, in January, pointed out the errors in the Order as advised by dx in post #14. Followed this up with Court yesterday and was rudely told  I shouldn't call as its for emergencies only and to email them again and they had a 30 day backlog.

 

Am I likely to get any leeway from the Court re filing of the WS, bearing in mind their error and lack of response?

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Quote

Am I likely to get any leeway from the Court re filing of the WS Late, bearing in mind their error and lack of response?

 

No you wont get any leeway any party that fails to comply with the courts directions on time faces their claim/defence being struck out.

 

Andy

We could do with some help from you.

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Thanks Andyorch

 

So how do I now address the Order as in post 11 above? Should I include something about it in my WS?

"The defendants to file and serve on the claimant copy of original agreement, copy letter of assignment, statement of account showing how amount of claim is calculated by 4.00pm on 23 February 2023"

 

This was clearly the wrong way round, however, the court haven't responded when I contacted them to point out the error.

If it had been correct, then Lowell would have been ordered to send me the 4 original agreements, letter of assignment and statement for account by 23 February.

The first time I have seen the agreements is today in their Court bundle.

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On 28/01/2023 at 12:27, cx085 said:

I have received a hearing date at my local County Court in April. I will get working on my witness statement.

One of the directions on the notification letter states:

"The defendants to file and serve on the claimant copy of original agreement, copy letter of assignment, statement of account showing how amount of claim is calculated by 4.00pm on 23 February 2023"

 

I am confused with this. Should it not be that the claimant (Lowell) should serve the agreement paperwork on the defendant? Sorry if I'm not understanding this correctly.

 

Its obviously a typo and you really should have disregarded it and concentrated on preparing your statement/evidence which needs to be filed and served by this Thurs (6thApril) Your response will be that the claimant has failed to comply with the order dated xxxxxx and failed to serve the ordered documents along with all your own points to support your defence. 

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

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Thanks again Andy, I had drafted a WS so I was almost ready, using help from here some time ago. I'll tweak it and get it sent recorded tomorrow to Overdales and deliver to Court in person.

I've attached a copy of the Amazon CCA. The quality is not my scanning, it is literally how it's been sent to me. The other 3 agreements are almost identical, except the credit intermediary on the first page. Apart from no IP address and quality, anything else I should point out?

Lowell ND CCA Redacted.pdf

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