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    • If that was the reason then that is good news. The whole reason that being able to charge £100 for breaching private car park rules is because the law Lords decided in a celebrated case that the rogues had a legitimate interest in keeping their car park spaces available for all motorists . {parking Eye v Beavis]. However when the business is closed then there is no legitimate interest in keeping spaces free so to charge £100 is a penalty. As such any Court would automatically throw out the case when the penalty charge is accepted.
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    • yep they can be a bit like the TV licencing lot. for 4yrs ive been getting a series of about 8-10 diff letters that just go round a loop. currently upto 61
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    • new thread created for this claimform please post here now for anything to do with it now . 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] ..............  
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Lowell/Overdales claimform - Newday credit card debt


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because no one has posted on it for the last 207 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

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Start your own new thread

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Thanks

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I can't get through to the AOS page. Post 22 shows that they expect me to have received a password by post.  Ihavn't.  Is this an additional security feature they have added to ensure I actually live at the address I claim to?  I am only guessing at this.

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its on the 1st page of the claimform!! information box at the end

 

follow our flippin guide!!

 

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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Got through

A claim was issued against you on 12/04/2023

Your acknowledgment of service was received on 21/04/2023

 

 

"Start defense."  I dare not do anything without you holding my hand..

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its defence , we are uk not america.

 

read the guide!!

 

you've done aos good

 

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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Will you clarify something for me? If I posted a cheque for the whole balance, (Which I definitely wouldn't.) and sent it recorded delivery for safe arrival, a DCA may not sign for it?

 

Please complete all fields marked *

 

Please state your defence in a maximum of 122 lines in the box below.*

 

Do I leave this bit for now

 

Please complete all fields marked *

 

Please state your defence in a maximum of 122 lines in the box below.*

 

Do I leave this bit for now??

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  1. Aos is done leave the site follow the guide it say click thru to the end leave the site.

I can see you are going to be a nursemaiding candidate if you dont get reading up!

 

and we dont nursemaid....

 

we dont get paid

we are volunteers

cag is selfhelp.

 

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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On 21/04/2023 at 22:50, overdone2 said:

Will you clarify something for me? If I posted a cheque for the whole balance, (Which I definitely wouldn't.) and sent it recorded delivery for safe arrival, a DCA may not sign for it?

 

thats not how to resolve this. 

 

dont ever forget.

no human to date has been involved in how you got to where you are

 

its all an automated system that does this, 

now what other letters prior to the court claim did you get please.

 

On 21/04/2023 at 23:56, overdone2 said:

Thank you. You have been more than helpful. I will await to hear from the solicitors by post.

 

no you do not wait

you must go look at claimform card threads

box

 

you can do this by using our labelled enhanced google search box

lowell claimform card

 

your defence is due by 4pm day 33 from the date top right on the claimform 

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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Today I discovered buried away the letter from Lowells saying I now need to make payments to them instead of Newday. Dated 08/08/22. You can guess at how that reads because like you suggest it's computer generated.

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have you had a letter of claim with a reply pack that wanted your I&E?

and you ignored 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... 

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Share on other sites

income and expenditure...

 

listen theres no good now keep asking questions

 

the time has come whereby you need to go read a few good 10's of threads i pointed too then everything will become clear.

 

put out of head to date everything you think is the way to go.

 

go learn....read up here 

 

all your questions will be answered and more

 

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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I don't recall The solicitors asking for this, but they will be very disappointed.

 

I get DLA-protected income and incapacity benefit and can only afford a pound a month token payments by way of debt management plan. (Worst case scenario) all thanks to the Russian war and increased gas bills.

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who says you owe anything , look at it this way...

 

if you did owe the money...why did newday a big multi national company not take you to court and crush you....funny that eh?

 

they decided to sell it on for 10p=£1 and lose out.... weird huh.

 

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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when did you take this card out?

when did you last use it/pay anyone ?

 

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

strange to think newday sold the debt on and not take you to court themselves and crush  you eh?

 

please read what our templates say at the top in red.

 

i though you said you'd already sent cpr 31.14 to  overdales?

 

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 Overdales signed for it yesterday according to the Royal Mail online.  I think the hard copy credit agreement on this card arrived after I had had the card 3 days.  I did not return it.  I'm 90 per cent sure.

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Ok get reading up on like claims here now 

 

Nothing else to do for you till defence filing date 

 

Stay focussed only doing that . 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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"Like claims?"

I am new to navigating this site and can't work the search bar at the top of this page to produce a similar thread, which was resolved successfully.

 

I'm at an age where I do not absorb new information as lucidly as once I did.as you may have guessed.

 

Would you be kind enough to insert a link to a thread you recommend? 

 

It might be an old thread of yours, where someone struggled but got there eventually. 

 

I'm seeking a sample of a list of reasons you can use in defence.

Just examples mind you.

They may not apply in my case.

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which is why i said use our enhanced google search box not the top one in the red banner

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

I can find the enhanced google search box. Navigating CAG is difficult for us newbies. How do I find it?

 

https://www.consumeractiongroup.co.uk/topic/443025-lowelloverdales-letter-of-claim-now-claimform-old-three-mobile-debt/

 

I did a main Google search. My thread came up, this one, plus another listed above. I found in post 15 a defence.  Mine will not be identical obviously but I now have greater clarity than I did before. This I found reassuring so many thanks.  It appears Lowells rely on devious strategies and you not being as informed as CAG will inform you.

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the enhanced by google - google seachbox is on every page, even this one you are reading. scroll up 

 

however to smooth things ive done it for you and copied it below.

 

read a good few 10's of threads not just one!!!

 

its a generic defence holding/no paperwork one ,in most threads below .... simply change it for your dates.

 

clickme^^

 

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...

 

 

2cnd May 2023

 

Dear Overdone 2

 

We confirm receipt of your recent letters and the Acknowledgement of service.

 

Our client has instructed us to collect the balance outstanding on an account previously held with Newday Limited. This was opened with Aqua 0n 00/10/2015. 

 

The last payment was made to the original creditor on 00/05/2022 for £5.25 and the default was reported to the Credit reference agencies in May 2022.

 

Your request for documents under the consumer credit act 1974 (CCA) and under the CPR 31 14 have been noticed.

 

We have now requested copies of the agreement,, Default notice and a statement from the original creditor, these will be provided to you in due course.  

 

We can confirm that the benefit of that contract was legally assigned to our client pursuant to section 136 of the Law of property act 1925 and the required notice of assignment was sent to you.  Please find enclosed a copy of the notice of assignment as requested.

 

Should you wish to dispute the matter further you are entitled to seek independent legal advice.

 

Please ensure you respond to the County Court claim as you deem appropriate with the timescale set out by the court.

 

Failure to respond Claim within the court  timescales may result in us applying for a county court judgement in default to be entered.  This would mean further costs and could make it difficult for you to obtain credit, mortgages whilst it remains unsatisfied on your credit file for up to six years.

 

Yours sincerely

 

Overdales

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