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    • Good luck today, TD. Please let us know how it goes. HB
    • That is different to my PCN issued by Highview. I am not by any means an expert so I would leave it to the experts to check what I say and maybe delete this if it is not helpful. My thoughts on this are In the PoC they state you are liable as Driver or Keeper. Firstly, I would challenge that .... are they pursuing you as Driver or as Keeper? They don't know who the driver is, as stated on the NTK and, they don't know if you didn't tell them, so I would think that they can not pursue you as the driver. The NTK is not fully compliant with POFA 2012 as LFI stated but specifically, and correct me if I am wrong, Section 9 [2][f] states that:   Section 9 (2) The notice MUST— (f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii) the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   All the applicable conditions under this Schedule (Schedule 4) are NOT met, specifically warning the keeper as in (f) .... As far as I can see, the creditor has NOT warned the keeper on the NTK, as they MUST do in accordance with S9 [2](f). So, as far as I can see that prohibits them from having the right to recover from the keeper.   I put it to you M'Lord, given the facts stated, the creditor does not have grounds to pursue the Driver, nor the Keeper!! 😂🤣😂 Maybe that's why you've not heard from the courts, what does it say on MCOL ?
    • at the time, if both owners signed a voluntary charge it can not be a restriction k.  but it looks like one? as above ..... if you re mortgage with the same lender is doesn't need paying if you re mortgage with a new lender then most probably you will have to settle it.
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    • please dont post up unredated court docs!! done now... it looks like: you paid for then cancelled a PC from mac group ltd however the PC still got delivered but not to you. you got issued a court claim but totally ignored it. DCBL HCEO Bailiffs attempted to enforce the CCJ...they failed..you had moved. The Claimant was Granted Permission by the Court to Serve A Statutory Demand and latterly did so. you had attempted to set aside the Original CCJ but failed to attend it's hearing and it got struck out you subsequently have have received a statutory demand for the CCJ sum. you applied to set that aside there was a hearing on 18th Apr which you did not attend. ...............   not quite sure but i think thats the story. ............. same as your other thread.. stop worrying about the house.. you ought to deal with this at some point as if the claimant does go for and manage to you BK. it might not be good. have a think about things , it might pay you to look toward putting an N245 variation to the court and offer a very low £PCM to the court, esp if you have little to no income etc like on benefits/pensioner etc...you might even get it all done for free as there is a small charge for the N245 process.        
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    • We have finally managed to obtain the transcript of this case.

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Lowell/Wilkin Chapman - PAPLOC - old Capital on Tap Business Debt with PG


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Hi all,

COT have defaulted our LTD Co. debt.

LTD still trading and just about surviving

now I believe it is being pursued under PG,  therefore a personal debt.

COT initially offered arrangement and then terminated the agreement despite meeting the first 2 payments.

The balance Lowell/Wilkin Chapman are quoting isn't even correct (it's at least £800 more than it should be).

Is this enforceable debt if it's left untreated? ~£9k

Thanks

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  • dx100uk changed the title to Lowell/Wilkin Chapman - old Capital on Tap Business Debt with PG

well known here

follow the advice in the existing threads

Programmable Search Engine (google.com)

clickme^^^^

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've actually read these threads already when I was Googling last night.

Still unsure what to do here. I am on a DMP with PayPlan already for personal debts (around £44k).

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SAR time to COT.

as for a DMP why? do it yourself after CCA request to everyone you are currently blindly paying.

are any of these debt historic and being paid to debt collectors?

might be an idea to start a new thread in the debt self help forum about the DMP and your debts.

if also you read a good few threads there it could save you £1000's

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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Requesting a SAR from COT - don’t see how it benefits me?

Can’t I just ignore Lowell altogether?

They haven’t even got the debt amount correct like I said the other day - what should I do with that?

They're like £700 out

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lowells have bought the debt for penuts...

and anyway...you are ignoring lowells

the sar goes to COT whom have sold the debt now

you never know what stokes lowells are gonna pull or what docs they may fake up..should they say ever try a letter of claim

but having a complete set of everything from COT puts you one step ahead of lowells and their dodgy tactics on every debt they own

 

 

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 a problem here - just realised COT had my mum's address from 2020 (when I lived there).

Lowell/Wilkin issued letters last week which arrived today.

Should I contact them to get the address changed?

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you should never be moving without informing all your creditors (or debt owners) in writing of your move.

the sar will update COT, but read all the thread as there is one more thing you need to include withit

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 wouldn't be tipping them off no.

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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NB Lowell's MO is to actively seek debtors who have moved without informing them, it's so easy for them to get an undefended judgement, meaning that you will get a visit from the Bailiffs at some point in the future. 

On the converse side, if you keep them informed of your address changes, then you will be able to receive all their rubbish and if you ever receive a pre action protocol letter from them you will learn how simple it is to bat Lowell off.

Send them your updated details and sleep easy, if anything should come through of consequence come back to this thread for help

 

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you mean a letter of claim with a reply pack wanting I&E etc?

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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"As the company has failed to make payment our client seeks to rely on the guarantee and we are instructed to advise you that unless we receive payment of the outstanding debt within 30 days of the date of this letter we are instructed to consider issuing court proceedings against you and the company without further notice. Court proceedings will also include a claim for court fees, solicitor’s costs and interest."

 

How long do I have to fill in the Reply Form?

You only have 30 days from the date at the top of the letter from the business to send back the Reply Form. If the business does not get your Reply Form within 30 days, it could take you to court in relation to the debt. Make sure you allow time for posting.

If a court orders you to pay an amount of money (called “having judgment entered against you”), details of the judgment will usually be entered on the Register of Judgments, Orders and Fines. Most entries stay on the Register for six years unless you pay the amount you owe within one month of the judgment.

Organisations such as banks, building societies and credit companies use the information on the Register when someone applies for credit, such as a loan or overdraft. It helps them decide whether or not that person would be able to pay off a debt.

 

What happens if I fill in and return the Reply Form in time?

If you return the Reply Form within 30 days, you and the business will have at least a further 30 days to discuss the debt, or for you to seek debt advice, before the business takes you to court. During that time you should discuss with the business how you can resolve the matter, ideally without going to court.

If you request more information in the Reply Form, the business must wait at least 30 days after it gives you that information before taking you to court. 

 

Where can I find out more?

This Information Sheet is a summary of your rights and responsibilities under the Pre-Action Protocol for Debt Claims. Where a business and an individual disagree about a debt claim, the Protocol tells them what they should do before they go to court. If you want to know more, the full Protocol is available at: https://www.justice.gov.uk/courts/procedure-rules/civil/protocol.

 

 

 

 

REPLY FORM

YOU HAVE 30 DAYS FROM THE DATE AT THE TOP OF THE ENCLOSED LETTER TO FILL IN AND RETURN THIS FORM.

IF YOU DON’T, IT COULD RESULT IN COURT PROCEEDINGS.

 

If you have any questions or would like to discuss the debt, please call the business that sent you this form as soon as possible.

 

Full name:

Address and postcode:

Contact telephone numbers:

Email address:

Reference:

 

BOX A

I agree I owe the debt.

Tick this box if you agree you owe the debt and agree the amount of the debt is correct.

IF YOU WILL PAY THE DEBT, GO TO SECTION 2.

IF YOU NEED DEBT OR LEGAL ADVICE, GO TO SECTION 3.

o   BOX B

I owe some of the debt, but not all of it.

Tick this box if you agree you owe some of the debt, but not all of it, for example if you think too much interest has been added or you haven’t been credited for payments you made in the past. 

The amount of debt I owe to you is £…………. .

Say how much you think you owe.

I don’t owe any more than this because ……………

Explain on a separate piece of paper why you don’t owe all of the debt. Give as much detail as possible and provide copies of any supporting documents.

IF YOU WILL PAY THE PART OF THE DEBT YOU OWE, GO TO SECTION 2.

IF YOU NEED DEBT OR LEGAL ADVICE, GO TO SECTION 3.

OTHERWISE, GO TO SECTION 4.

o   BOX C

I don’t know whether I owe the debt.

Tick this box if you’re not sure whether you owe the debt and/or you need help from a debt adviser to work out whether you should pay.

NOW GO TO SECTION 3.

o   BOX D

I dispute the debt.

Tick this box if you don’t owe the debt, for example because the debt should be paid by someone else, because you have already paid it, or because there is a legal problem with the credit agreement.

I dispute the debt because ……………

Explain on a separate piece of paper why you dispute the debt. Give as much detail as possible and provide copies of any supporting documents.

NOW GO TO SECTION 4.

 

SECTION 2: How will you pay?

Only complete this section if you ticked Box A or Box B in Section 1 and you want to pay now.

 

The letter from the business will tell you how to pay. Keep a record of the payments you make.

 

o   BOX E

I will pay what I owe now.

Tick this box if you agree that you owe all or part of the debt and you are able to pay what you owe now. You should pay using the payment details in the letter from the business. Keep a copy of any proof of payment you receive.

o   BOX F

I will pay, but I need time to pay.

Tick this box if you agree that you owe all or part of the debt, but you can’t pay right now.

If you offer to make repayments, you must be able to afford them. You should consider getting debt advice about how much you can afford to repay. If you are seeking debt advice, complete Section 3.

My proposals for repayment are ………….. .

Explain on a separate piece of paper how you intend to pay the debt. Say how much you could pay now and how you will pay the remainder. For example, say how much you could pay each week, fortnight or month and when your first payment would be made.

I have provided a Financial Statement showing my current financial situation:

Yes   o                  No     o  

To help the business ensure you can afford your proposed repayments, fill out the Financial Statement that is attached to this form. You should also attach a copy of any budget or financial statement that a debt advice organisation has helped you prepare.

 

SECTION 3: Do you intend to get, or are you already getting, debt advice?

Only complete this section if you are getting debt advice about whether you owe the debt or whether you can afford to pay.

 

o   BOX G

I am getting or intend to get debt advice.

I am getting advice from ………………………………………………………………… …………………………………………………………………………………………………

Insert the name and contact details of the person or organisation giving you advice.

I am getting advice about ………………

Explain on a separate piece of paper what you are getting advice about, for example whether you owe the debt or how you could pay.

I have an appointment with an adviser on ………….…………………………………… …………………………………………………………………………………………………..If you have an appointment with a debt adviser, give the appointment date and time.

I can’t obtain advice within 30 days of returning this Reply Form because ……… .

If it will take you longer than 30 days to get debt advice, explain on a separate piece of paper the reason for the delay and when you expect advice will be available.

NOW COMPLETE SECTION 4.

 

SECTION 4: What documents are you sending with this form? What information do you need?

Complete the boxes below if you want to provide or get more information.

 

 

o   BOX H

I have provided documents.

Tick this box if you want to provide documents about the debt, for example you might want to provide a letter showing you have an appointment for debt advice or a receipt showing you paid some of the debt.

I have enclosed the following documents ……….. .

Describe on a separate piece of paper the documents you have provided and why they are important.

o   BOX I

I need more documents or information.

Tick this box if you need more information, such as copies of documents you don’t currently have.

I need a copy of ……………………………………………………………………………. …………………………………………………………………………………………………. …………………………………………………………………………………………………

Additional documents or information that you might need could include:

·         A copy of the written contract for the debt

·         A full statement of account, including details of all interest and charges included on the outstanding balance of the debt, explaining how they have been calculated, and any payments already made toward the debt

·         A calculation of the interest claimed

·         The annual or daily rate of interest

·         A description of the nature and amount of any administrative charges included in the debt

·         A copy of the notice of assignment of the debt

It's been a week and I've already has LOC?

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wasted you time typing that all out.

hit letter of claim. follow post 4

thread title updated

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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  • dx100uk changed the title to Lowell/Wilkin Chapman - PAPLOC - old Capital on Tap Business Debt with PG

The PAPDC does not apply to business to business debt only if the debtor is a sole trader.

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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so why are they sending it?

interesting.

not trying to scare people into paying up are they......😎

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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You signed a PG and they have a copy of it ?

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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I would very much doubt that...but did you sign one ?

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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Okay hence they refer to it in their letter...still be interesting if they can disclose a copy.

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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