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    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
    • cause like you said in post one, 99% of people think these are FINES (it now reads charge). and wet themselves and cough up. they are not, they are speculative invoices because the driver supposedly broke some imaginary contract by driving onto privately owned land which said owner may or may not have signed some 99% fake contract with a private parking co years ago, thats already expired or has not been renewed or annually paid to employ them dx  
    • My car DVLA details are 100% correct and up to date, guaranteed.  I lived at my address longer than I have owned the car and made sure the details were correct when we transferred ownership of the car, so it's not that.  It must be their second-hand eBay cameras.  I've emailed the CEO with evidence and laid it on.  I will keep this post updated with the outcome.  Thanks again FTMDave .  I appreciate the guidance. I hate these predatory parking cowboys.  How are they even legal?
    • there isn't one use that default dx  
    • upto you, if you have no assets like a home in the UK, there is absolutely nothing they can do even if they do get a judgement. i see you state last payment was 2021, so i will guess your notification to lloyds of a change of address was sent within the last 6yrs so they should have record of it on their system. why not give them a ring and ask what address they have for you? you could do AOS and defend the claim stating you are and have been resident in xyz since date, here is proof.  you could also send that to PRA demanding they discontinue the claim immediately. see what you can find out. you've till atleast the 19th (aos date) . dx      
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Lowell/Overdales letter of claim now claimform - 2019 paypal EU debt


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Great , that makes sense, I will leave is as it is .. Thanks

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for your notes...

Quote

Governing law
This user agreement and the relationship between us is governed by the laws of England and Wales. This does not affect your mandatory rights under the laws of the country in which you reside, such as your rights as a consumer.

If you bring a claim against us in court, you submit to the non-exclusive jurisdiction of the courts of England and Wales. This means that if you were able to bring a claim arising from this user agreement against us in court, for example, an acceptable court would be a court located in England or Wales, but if the law allows you to do so, you can bring the claim in the court of another country instead, such as the country in which you reside.

 

  • Like 1

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  • 2 weeks later...

When I first responded to the PAPLOC, and received that 29 page junk back it was accompanied with a letter saying that they had already responded to my request back on Feb 18th 2023,(I never received it).

I was just clearing out some paperwork today and found a letter from Lowell, dated Feb 17th 2023, explaining that they were still waiting for the documents from PayPal, and my account was on hold  until further notice.  Does this mean they were lying and can it be used against them if this goes any further?

I have now filed my defence, and have had an acknowledgement from Overdales and the court.

A little threatening from Overdales , explaining that part of my defence was invalid because they have now complied with the CCA, and they were still waiting for the Default notice from PayPal.

We could do with some help from you.

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STD BS from overdales.

next letter will be a copy of their N180 claiming they've filed their DQ already, when MCOL and the court havent even sent them out yet!

all pat of their std intimidation and harassment tactics.

on better than avg paypal EU cases here they either let it get stayed or discontinue just before they have to waste more money and pay the hearing fee or file their WS, IF the claim gets that far...

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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Yup, well so far they have lied to me about responding to a CCA,  are threatening me with a default notice that they don't have, produced a knocked up version of my NOA, sent me 29 pages of spew for an agreement. No wonder they pay 5 p in the pound for that crap.

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14 hours ago, London1971 said:

found a letter from Lowell, dated Feb 17th 2023, explaining that they were still waiting for the documents from PayPal, and my account was on hold  until further notice.  Does this mean they were lying and can it be used against them if this goes any further?

Include that in your witness statement along with that letter as an exhibit.

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On 05/05/2024 at 23:38, dx100uk said:

STD BS from overdales.

next letter will be a copy of their N180 claiming they've filed their DQ already, when MCOL and the court havent even sent them out yet!

 

 


 

And... Right on cue lol, arrived in the post this morning. Should I wait until I receive one from the court before doing anything?

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Or do the same as them and prepare it in advance and send them your copy :-D

You cant file with the court until you have the official notice with date,

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Ok so is this weird, 

These 2 letters from Overdales, one actually admitting that Paypal's original default notice was invalid, and the other is actually what they are saying is another default notice that Lowell sent me almost a year later. 

Take a look at the letters attached and tell me this isn't just a load of BS?

 

 

 

lowell letters.pdf

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1st letter .....Offering credit cleansing ?   The default shouldn't be in place on your file yet until the time has expired.

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The letter was never sent , I religiously open and check everything from any DCA, anyhow they haven't actually produced the Paypal DN, and admitted it was invalid anyway. Does that put their case in the toilet?

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Not of they have provided a valid one (its replacement) Creditors are allowed to rectify but default markers cant be placed until the time to rectify has elapsed.

 

.

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Thanks that is interesting,

So , the fact that the marker was on my CRA files  for a whole year, before they sent this 'notice'

That Overdales sent me a letter just last week telling me how they had requested the DN off Paypal, and have suddenly come up with a letter sent from Lowell last year (that I never received)

That it's not even on letterheaded paper , anyone could have typed up this DN

Is there any red meat here for me to potentially fight this case?

We could do with some help from you.

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2 minutes ago, London1971 said:

So , the fact that the marker was on my CRA files  for a whole year, before they sent this 'notice'

Thats one point...... but stick to the default issue there is obviously smoke and mirrors here which they are trying to conceal.

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On 06/05/2024 at 10:27, London1971 said:

sent me 29 pages of spew for an agreement.

scan everything up to one mass PDF please

i will suspect just like the other Paypal EU threads, PP terminated the account upon sale to lowells, so they cant issue a new DN, there was no agreement in force.

dx

  • Like 1

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... 

Link to post
Share on other sites

I already have proof that a previous letter was never sent, (See post 28). I'm not the sort of person who doesn't open their mail, I can say without a shadow of a doubt that this letter was never received, if it had of been i'd have been on here like a shot.

We could do with some help from you.

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I expect you do ..you may of heard me say previously about making the paperwork fit the claim :-D

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  • 2 weeks later...

N180 has finally arrived from the court, 2 weeks after Overdales, sent me their copy

We could do with some help from you.

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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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Share on other sites

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