Jump to content


  • Tweets

  • Posts

    • Oh yeah... So there is. ..    Hopefully it won't try to upgrade 😂😂
    • There's the ability to download origin for macOS Mojave and older right on the EA Website. www.ea.com/origin-for-mac      
    • Hello All, I was hoping for some help with a  Claim Form received yesterday 15h May 2024.  I have read lots of threads but I just want to check what I am doing. I have acknowledged service noting my intention to defend all of the claim and I have left the contest jurisdiction un-checked. I will today/tomorrow issue a CCA request with a £1 postal order to the claimant and a CPR 31:14 to the solicitor.  For the CCA which section should I use? I am not sure which section Paypal Credit would come under. If the claim was issued on the 9th May am I correct with my defence filing date of the 11th June? Is there anything else I need to do? Thanks in advance   Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? Lowell Portfolio I Ltd How many defendant's  joint or self ? Self (just 1) Date of issue –  9th May 2024 Defence filing date: Tuesday 11th June?? Particulars of Claim What is the claim for  The claim is for the sum of £255.69 due by the Defendant under an agreement regulated by the Consumer Credit Act 1974 for a PayPal account with an account reference of xxxxxxxxxxxxxxxx)  The Defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under s.87(1) of the Consumer Credit Act 1974 which has not been complied with. The debt was legally assigned to the claimant on 15-09-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £0.00. The Claimant claims the sum of £255.69 What is the total value of the claim? £340.69 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 Did you inform the claimant of your change of address? Not applicable Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PayPal credit account When did you enter into the original agreement before or after April 2007 ? After April 2007  Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, shows as defaulted.  Registered when it was bought by Lowell 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 purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant find a letter that say so Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Not sure Why did you cease payments? Financial difficulties and mental health issues What was the date of your last payment? ? Mid 2019 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
    • In addition to the advice and questions asked by my site team colleague above, where did you get the template from which you used to reply to the letter of claim?
    • should have come here first really. What you requested was a load of irrelevant twaddle. What was the original debt? Have you moved since taking it out? If TM Legal are chasing, that should means that Perch own it now? Did you get the letter of claim by email or post? You should kill the emails immediately.   
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Help with dealing with Moorcroft please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5832 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

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Standard rubbish from them. They have to provide it and they know they have to - they just hope you don't. If they didn't have to provide it why on earth would they. DCA's don't do things out of the kindness of their heart.

 

Rory

 

The day that a DCA does somethng out of the kindness of there own heart is the day they become illegal.

 

That will be the day i become PM.....Please ont hold ur breathe on that one.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

  • Replies 229
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Just edit it with something like -

 

The sum you have arrived it is based on the following -

 

Alleged debt purchased for approximately 10% of original value = £35 - 17.5% VAT = £28

 

My terms are as follows:

 

1. All extortionate profiteering charges to be removed, ie: missed payment, late payment, etc. etc.

 

2. Removal of Default and ALL missed / late payment markers, etc. etc.

 

3. Anything else you can think of.

 

4. Apology in writing for contacting me in the first place regarding an alleged debt where no agreement exists.

 

5. Apology for existing. Love the idea of this one.

 

 

Not sure really, but something along those lines, LOL

 

Hope this helps a little.

 

Regards

 

 

N.P

 

N.p and all.

 

Have just caught up on this thread and think that the lovely letter advise above is wonderful.

 

Personally i would send it but it may not work.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Hi GM,

 

You like it eh? LOL

 

These people are morons and I hate morons :mad: LOL

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

Link to post
Share on other sites

yep l love the letter fancy asking them to appologise for being alive. That sounds like something i would make them do. :)

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

well we know that but we have to look like we are keeping them informed and trying to sort out our debts.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Received another letter from Cabots:

 

 

Dear xxxx

 

We write further to your request for information under sections 77 and/or 78 of the consumer credit act 1974.

 

Although Cabot has requested the information, the original lender is experiencing a delay in retrieving the information from its archives.

 

We shall send the information to you as soon as we receive it.

 

We will as a gesture of goodwill put your account on hold until we receive further communication from the original lender.

 

 

Absolute garbage....;)

Link to post
Share on other sites

Well, there`s not much else they can do but wait, is there?

 

Bunch of numpties!

 

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

Link to post
Share on other sites

Hi Mazel,

 

Write back and tell them as a goodwill gesture you will ignore that ridiculous comment before you decide to launch against them for insulting your intelligence, something they seem to be lacking :confused:

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

Link to post
Share on other sites

Lol Np

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

We will as a gesture of goodwill put your account on hold until we receive further communication from the original lender.

 

I'm sure there's a few goodwill 'gestures' you could offer them too :D

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Yes like not knocking them out.

not reporting them to the OFT if they dont contact u again.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Someone should start a silly thread, to see who can come up with the daftest `goodwill gesture`.

 

I feel if could go to a DCA (Daftest C**t About) :confused:

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

Link to post
Share on other sites

  • 2 weeks later...

Received a letter from Cabots today:

 

Dear xxxx

 

Further to your request for information under the consumer credit act, we are pleased to enclose with this letter all relevant information.

 

Cabot and the original lender have now completed the relevant obligations under the Consumer credit act. As a result, Cabot is entitled to resume collections of the oustanding balance of xxxxxx

 

In the event that you wish to clarify or query anything relating to the enclosed information, please do not hesitate to contact us and one of our helpful customer advisors will be able to assist you.

 

If you are querying any part of the information provided to you by Cabot which you have not yet been able to clarify with us, we recommend that you seek independent legal advice.

 

With this letter we have enclosed the following:

Credit Agreement

Statements of account

Terms & Conditions

Notice of assignment

Letter of introduction

 

 

Having looked through the information that they have sent me, firstly the credit agreement that they refer to is simply an application form that I filled in originally. There is no mention of interest rate or credit limit and it is a very bad photocopy.

 

The terms & conditions are dated 2007, however my application was back in 2004.

 

Where do I go from here, they are obviously going to continue with chasing me for payment as they feel that they have fulfilled there legal obligations

Link to post
Share on other sites

Hi Adamski, the photocopy is that bad, the scan cannot be seen clearly. I will try tomorrow to make an enlarged copy & then try & scan in.

 

I cannot see anywhere credit limit, APR/Interest Rate, payment date etc. Also this is the application form that I filled in online & they sent me through the post to sign.

Link to post
Share on other sites

but I would say that there signature has been stamped on as opposed to hand written

Legally a signature can take many forms. The important thing is that it does not contain the prescribed terms. Is it easily legible?

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

Dear Sir,

 

Thank you for the reply to my letter dated XX/XX.2008.

 

Having taken the time to look over the documents supplied in response to my statutory request made under the Consumer Credit Act 1974, I have the following concerns.

 

The document entitled “credit card agreement regulated by the Consumer Credit Act 1974” which appears to bear my signature fails to comply with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). In particular section 2 of the Regulations.

 

As you will be no doubt aware, the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it. Many of the terms are blurred and cannot be interpreted and I am further unable to make out the prescribed terms as required by schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). After taking advice on this matter, I am of the belief that this agreement that you have presented before me, as it stands would be unenforceable even by court order. Therefore, I require that you provide me a clearly legible copy of the agreement, where all the terms are clearly legible

 

Should you not be able to supply a clearly legible copy containing the necessary prescribed terms, I would suggest that you give consideration to canceling this account and reducing the balance to zero. Of course the alternative would be to seek a declaration of my rights under Section 142(1) of the Consumer Credit Act 1974. I am advised that with the documents that you have supplied there would be an extremely good prospect of success with such a declaration. However, I am mindful of additional costs that such action could incur both on my part and on yours so I trust you will give consideration to this request

 

I would appreciate your due diligence in this matter and look forward to hearing from you in writing.

 

 

Yours Sincerely

 

...

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...