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    • Hi dx I rang yesterday 10.54. I've got an email reply today from hmrc online support they are going to let me know within 2 working days how to deal with this issue  H
    • Hi, received a response from Overdales re: CCA & CPR 31.14 requests. Letter states they're unable obtain a copy of the Default notice which they claim to have informed me of earlier this year.  Based on this I'd appreciate advice on the next step, my defense.  Much thanks.
    • why not use our default holding/no paperwork defence in 100's of recent card claimform threads here already? not sure wherever you got that from but its not ours, not present day. dx    
    • This thread has been dawdling along for a year. We ask questions and we don't get any answers. Then the thread goes completely to sleep for about 10 months and we get a request today to reopen it and we are told that there is a court date in June – in just a few weeks. We would like to see please – the claim form in PDF format. The defence – in PDF format. Any documents which you have received and filled out such as directions questionnaires et cetera in PDF format. We also would like to see a comprehensive bullet pointed list of events – what you sent, when you sent it, the value of it, who do you send it to, was it properly declared, was the value properly declared – and any anything else you can think of. I think you need to realise that we are all volunteers here and we have our work cut out helping people who feel involved and committed to sorting out their problems. I'm sorry to say that the impression the moment is that you aren't really very interested. If you can't give us the information that I have asked above and also answer the other questions that I put to you probably a year ago, then I think that we may as well close the thread. I'm sorry you think I'm being tough – but this is a serious forum for serious legal advice. The people we advise on parcel delivery issues always get their money back but they have to take it as seriously as we do. It is not just a piece of social media. I'm closing the thread for the moment. If you have the information that we require then please use the report button and we will open the thread again so that you can post it up. Then we will be able to help you Thank you
    • after a lot o reading the following is my defence statement  as I understand it I need to respond to all points in the particulars   Any help would be appreciated  DEFENCE  1) aa claim for money , the burden of proof in any allegation to the amount of money claimed to be owed remains with the claimant . And be proved unless the defendant Denies it. I deny all allegations made by the claimant  Therefore, the Claimant Is required to prove the allegation that the money is owed as claimed. The Claimants particulars of case  Does not give sufficient information to enable me to properly assess and defend the claim. 2)The Claimants particulars of claim states that the account was assigned from capital one to on 18/03/2021. I do not recall receiving notice of this assignment. A request for this has been under the consumer credit act to the claimant on17/05/2024 And I am awaiting a reply.  3) Similarly to the above point I do not recall being served with a Default notice by capital one as required by s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served on the Defendant And also required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and it is in a prescribed form  A request under has been made to the claimant’s solicitor on 17/05:2024 under CPR 31:14 and I am waiting for a reply  4) The consumer credit act also makes it incumbent upon the creditor to send regular statement of accounts to a debtor. Again I do not recall receiving these A request for this information has also been made under CPR31:14 on 17/05/2024… and I am awaiting a reply 5) As no documents that have been requested from the claimant have yet been received by me I ask the court for more time to receive and inspect the documents and have the opportunity to mount a more thorough defence      
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Lowell/Overdale Claim Form - old PayPal Credit Account


Thewilf

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Hey all,

Came back from being away for work and questionnaire has arrived so need to get it sent tomorrow as is due by the 19th (assume special delivery guaranteed Monday will by 9am will be ok for the copy to Overdales and Court?

Quick question,

I know I am declining mediation etc…

however when it says about suitability for determination without a hearing what do I put when I tick no?

You said don’t reveal my defence of void DN and jurisdiction but what do I then put for reason for hearing,

do I just say as I now have information from the requests I have additional defence or do I just write it on there at this point?

I was thinking something along lines of “Further information for defence has been received from the outstanding CPR31.14 s77 request that was not available when defence was submitted.

This evidence voids the claim” this way I am saying I have more info without saying what, or do I put void dn and jurisdiction in there. Just worried as side bar says provide reason and then says about factual disputes.

Thanks

Will

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https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5088148


3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

Suitability for determination without a hearing? no (that the issues are so complex they need to be argued orally')

the rest is obv

1 to the court

1 to their sols (omit phone/sig/email) if no sols send to claimant

1 for your file

 

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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All sent off last week, would have been with overdales and court by 19th at 1300 which is good as that was deadline.

Had letter from overdales saying they have got it and seen I have agreed to mediation, please complete Income and Expenditure form which based on what I have read I now ignore.

When it comes to mediation have read threads and seems to be handled in different ways.

Some people have gone to call and declined to work with them politely unless they agree to write it off (how do I do this without revealing defence? Or given mediation is not to be used in the hearing and needs to be treated separately can I reveal the void DN and jurisdiction to them now?).

This would either cause them to back down or push to hearing at which point I have my void DN and out of jurisdiction points in defence so can’t be perused if I am correct.

Any advice on this one appreciated.

Thanks

Will

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you dont ever play your cards at mediation.

those points are only for use at WS stage if they dont discontinue before hand...

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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if you've not enough information to make an informed decision refuse mediation when they call.

you dont have to do it and it matters not to the claim at all

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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I suppose what do I say, they responded to all my requests which I uploaded.

Natural question they are going to ask is what more information do you need?

or do I just say I don’t think you claim is valid so I will only accept it being dropped?

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they ask the same N180 questions, you don't have to validate your reasons, mediation is not by a judge.

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,

Just an update, came off mediation now, they asked me why I dispute etc… just said not liable for the debt due to the advice I have been given. They had asked for full amount in instalments.

As a gesture of good will, not admitting liability, and to save it going on (and to seem like I was cooperating) offered a nominal sum knowing they wouldn’t accept for settlement including removal of DN from file. They declined so now waiting for court date or discontinuation.

Thanks

Will

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4 minutes ago, Thewilf said:

they asked me why I dispute etc

You should of replied why do you think I owe it ? :-D

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  • 1 month later...

what happened?

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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Hey,

still heard nothing ,

had the mediation and since then they have written saying sorry couldn’t reach an agreement.

Please fill out this Income and Expenditure form for us so we can start monthly payments which I ignored.

Just waiting for the discontinue letter hahaha!

The mediator did say with backlog would receive a court date till December probably so guess they may be waiting till last minute.

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