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    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. 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 https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  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 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/ 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] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
    • Which Court have you received the claim from ? Civil National Business Centre Name of the Claimant ? JC INTERNATIONAL AQUISITION How many defendant's  joint or self ? Self Date of issue – 22 May 2024  Particulars of Claim What is the claim for – 1. The def owes the claimant £300 in respect of gas and electricity charges supplied by OVO. 2. Debt was assigned to the claimant with notice given to the def. 3. Despite formal demand the def has failed to pay the debt and the claimant claims £300 and further claims interest pursuant to s69 of the CCA 1984. What is the total value of the claim? £385 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   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Energy debt 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 ? Moved home and they were the current energy supplier  Is the debt showing on your credit reference files (Experian/Equifax/Etc...) ? No 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. Debt assigned to JC International Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure probably  Did you receive a Default Notice from the original creditor? Again can't remember but probably  Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Changed supplier What was the date of your last payment? Never  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? No
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robbersway for barclaycard, now sold to lowells


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Hi Pam,

Thanks, no one seems to be around or answering , I have just tried to upload it again, but i still can't enlarge it, so i am stuck, I just want someone to look at it.

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OK what you need to look for is:

* APR

* Credit Limit

* CCA statement

* Cancelation rights

* Payment frequency

 

There's some other bits, but I can't remember.

I'm sure someone will chip in with the whole prescribed list.

 

For my money I'd say that this is a simple application and so does satisfy CCA.

 

For a better understanding have a look at this monster thread:

http://www.consumeractiongroup.co.uk/forum/general-debt/74733-credit-agreement-application.html

Be VERY careful whose advice you listen too

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Hi Pam and all,

 

I have received another letter today,:o telling me that they have not received payment or a VALID reason for non payment, they gave me 7 days to get back to them, but they have only given me 2. now they are demanding payment.

 

Come on guys please what shall i do.............:-?

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ODC

 

But they have sent me a document that they say is a CCA, although according to pam its not a fully executed etc, have posted it on the site, but it wont enlarge. kriss

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Hi all,

when i sent off for a copy of cca from dca, i was told to put on the letter that "I do not acknowledge any debt to your company" Now i am challenging the CCA which i have received from them, do I have to put that on the letter again or is it not necessary. and they never sent me proof of assignment, or copies of statements etc. cg

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Hi

 

It's a good idea IMO to put it in every letter - just so that they are in no doubt!! :D

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi

 

It means ' in my opinion' :)

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi,

Sent a letter off to LP, saying that they had sent me initial application forms and not the proper executed agreement I requested and they have replied back to me, giving me 5 days to respond otherwise they will put a charge on my property (dont think my landlord would be to happy) and erm an attachment of earnings;) etc. I am trying to be light hearted about all of it, but its sapping my strength. lol

 

What is my next move folks............:?:

 

cg

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Hi

 

Was this actually in reply to your letter asking them for a copy of a 'proper' agreement?

 

Regards, Pam

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi Pam,

 

I don't know the answer to that question, they made no reference to it, just that " Despite numerous opportunities that they have given me, the balance remains unpaid etc and then all the usual threats.

I suppose it could have crossed with the letter I sent to them on tuesday, as they wouldn't have received it till wednesday, and this was dated the 11.4.07 and thinking about it I sent the letter to Lowell Portfolio and this is from Lowell Financial.

 

Do you think it crossed Pam.

 

cg

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If you have sent a letter saying that they have not replied to your request for a true copy of your signed CCA, then when they receive this, the letters will probably stop.

 

All you have to do then is wait for the additional calender month until they commit a criminal offence.

 

The letter you received from Lowells' appears to be the standard letter they send out very quickly following sending out what they claim is a CCA to try and get you to panic and pay them.

 

Your best action is to do nothing until the calender month is up. If Lowells' have not complied fully with your CCA request then you do not have to pay them anything as they are not legally entitled to collect this debt.

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Hi

 

Just ignore these letters from Lowell but file them away with all the rest of your now increasing paperwork! :rolleyes: They have still not complied properly with your CCA request and therefore are NOT allowed to enforce the agreement until they do.

 

I know it's all a bit unnerving but YOU are in the driving seat now so keep calm and wait it out. :)

 

Regards, Pam

  • Haha 1

VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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I am in a very similar situation to this with another DCA, I sent the CCA request and they responded with an application form which states that it is a Credit agreement (all signed etc) they did not send a copy of a statement or a deed of assignment. I sent them a letter saying that they had not complied with my request, but they have now sent a letter saying that they are going to file proceedings at Rotherham County court. What do I do about that? Any help greatly appreciated.

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write to them and remind them that while the account is in dispute they cannot take any further actions unless and until your legal request has been satisfied.

 

 

if they do file a claim, counter it saying they are acting while the account is in dispute and they have not made the proper steps to try and resolve it, a court wouldnt grant them any action until and unless they could give the details,

 

do you have a CCJ on this or anything?

 

any and all details you can give would be a bonus.

 

Kenny

Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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Hi tis me cg,

 

This is just going round in circles, I received a reply back today and they now say that what I have received is enough for them to warrant payment from me, it reads,

 

Dear.....

Thank you for your recent letler regarding the above account, the contents have been noted.

 

We can confirm that the copy application we forwarded to you on..........clearly states that by signing this application form you are bound by the terms etc.

 

Please refer to the highlighted part of the copy application enclosed

We trust this clears the situation.

 

Yours sincerely,

 

Nigel Bevan.

 

So what do I do now, still no executed agreement or terms and conditions, statements etc.

 

cg

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If the supposed agreement does not have the following on then it is not enforceable

 

*APR

* Credit Limit

* + CCA statement

* Cancelation rights

* Payment frequency

 

I borrowed these from Curleyben's earlier post.

 

You normally sign to agree to the terms of the CCA 1974 regulations which is pretty standard on application forms.

 

Can you put the form that was sent to you on this thread with your personal details blocked out so others on this site can give advise.

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