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eoghan

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Everything posted by eoghan

  1. @dx100uk because this twaddle was sent prior to you telling me not to... @Andyorch yes both were sent, they haven't responded to the CPR but they did send a printout of a digital signed CCA which I don't have a copy of, at least I can't find it.
  2. Q's answered below, however, the paperwork as per your link was done as per the process. I'll add below the set of questions. Name of the Claimant ? Lowell Date of issue – 24th January 2019 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.the d entered into a consumer credit Act 1974 regulated agreement with vanquish XXX 2.d failed to maintain the required payments and arrears began to accrue 3.the agreement was later assigned to the claimant on 08/12/2017 and notice given to D 4 despite repeated requests for payment, the sum of£640.87 remains due and outstanding 5.And the claimant claims a) the said £640.87 b)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing daily at a rate of £0.140, but limited to one year, being £51.27 What is the total value of the claim? £640.87+£51.27+COSTS Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?No - at least we don't recall receiving it 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? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CC with Vanquis When did you enter into the original agreement before or after April 2007 ? Do you recall how you entered into the agreement...On line /In branch/By post ? Online application Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes 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. Claim has been sold to Lowell who are the claim issuer Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't recall Did you receive a Default Notice from the original creditor?Don't recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don't recall Why did you cease payments? Was unable to afford the payments What was the date of your last payment? circa: 2016 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. Here's the defence that was filed when the claim was received.
  3. Hi Folks, My wife had a Vanquis card and unfortunately was unable to keep up payments, one thing led to another and she now has a court hearing. Initially we asked for the CCA and they sent us a copy of a the CCA that had a digital signature on it. She was offered mediation but again unfortunately she was too late sending back the acceptance for mediation and it has now been allocated to the small claims track. Any ideas how I should approach this as they at least on the face of it have a CCA. Thanks. Scan_24_Jul_2019_Redacted.pdf
  4. I'm hoping I don't have to pay them anything...
  5. I've uploaded the CCA but not the Ts&Cs. I've not uploaded the statements as I was instructed not to on a previous post on this thread when they sent the claim pack through - it's the same info. Same with the Sums in arrears statements, Notice of Default. The Notice of Assignment I missed and uploading now again as a multi page pdf RestonsCCAResponseReduced.pdf
  6. Hi all, I followed the instructions from another thread I have going and sent the CCA request back to Cabot and they have responded. At the same time I sent a IRL to HSBC and I have the responses back from both parties that I'll post up here. Complaint Letter to HSBC - their response CCA Response from Cabot + the CCA Hope there's still something to be done. Thanks. Steve. Cabot-HSBC-Letters.pdf
  7. Ok thanks. I'll update with the details. I'll need to dig them out now though.
  8. Is that not what it's called? The case has been stayed so I would have assumed there's some order to that affect if not then my terminology is wrong. So am I asking for the case to be closed after 1 year? If not, then what?
  9. No it rolled into a river - no child inside - the brake wasn't properly engaged and the insurance company wouldn't pay out. Was the brake faulty - who knows???
  10. Hi Apologies for the delay, I had misplaced the paperwork for this case. Cabot sent a letter dated the 10 April: Dear **** Your request for information under the Consumer Credit Act We have been unable to get the information requested from the original lender. If this information ever becomes available to us we will complete your request, but until we are able to supply this your account is unenforceable. What does this mean? This means we are not permitted to obtain a judgement or decree against you in court, but we can still request that you repay your outstanding balance. We will still try to contact you to help you repay this outstanding balance. If this account in on your credit file it can affect your ability to get credit, obtain a mortgage or a mobile phone contract. Repaying this account could have a positive affect on your credit file as it will show that you are making regular payments. We would like to talk to you about a Personal Payment Plan where you can arrange to repay your account at a rate that you can afford. For more information on what could happen now that we've been unable to reply to your CCA request there is further information available on the National Debtline website on their 'Credit agreements - getting information' factsheet. _____ I'm guessing now they can't do anything until they either find the CCA or after 1 year I apply for the order to be lifted/stayed/removed?? Cheers.
  11. Sounds harsh, but yes. There's a whole back story but I won't bore you with that. There was no deliberate purchase with a view to not paying, just to clarify.
  12. Followed the advice given on another thread and sent the CCA request and I got this back. I'll be making a wee contribution to the coffers on payday. Thanks guys. Cabot-CapitalOne copy.pdf
  13. Thank you! BWLEGAL-7 May 2019-reduced.pdf FYI I haven't posted any of these letters to BWL. Will wait for updates from CAG before I do anything further. Thanks again.
  14. Thanks @Mrs O'Frog. I'm learning!!! Cheers. @dx100uk Yes it is. Are you able to delete??? I will not send anything unless it comes from here. Thanks for the advice guys.
  15. Hi Folks, Sp they have responded with the following: Dear ***** Your Documents Upu previously requested documents under sections 77/78 of the Consumer Credit Act 1974. Shop Direct have provided a copy of the documentation, which we have enclosed. This fulfils our obligations under the CCA 1974. Time to review the information we have provided. We have placed the account on hold until 18/06/2019 to allow you time to review the information we have provided and get back to us if we have missed anything or if you have any further questions. You can register on www.lowell for further information about the account or contact our team on blah blah or by email at blah blah. Yours Sincerely Michael Gartside Head of Customer Service lowell CCA return.pdf
  16. My response to be sent to BWL - any thoughts please. Thanks. @ericsbrother what do you think? Appreciate the assistance. BWL-Defence-vs1.pdf
  17. No I haven't, I'll get on that. Is there a templated letter? ANything specific for example I should be saying beyond the IRL and it's been over 8 weeks? Cheers.
  18. Gloucester County Council confirm that the land is owned by the Hospital Trust and leases the carpark to a private company - but were unable to tell me who as they directed me to purchase the title for £35 from their website. I ain't got that so that's as far as I can go with that. but I'm assuming it's most likely going to be TPS as they are operating on it. So if they are operating a business without the proper planning in place for their signage and meters, what is my defence? Cheers.
  19. So just spoke to Bristol City Planning and they have no record of any planning for Signs & or meters for a car park area on that street. It appears to be privately owned and most likely have sub-let the land to TPS, who are probably operating without the proper planning... I'm trying to reach out to Gloucester Land registry to see if they can tell me who owns the land. The plot thickens.
  20. Question guys - If the alleged loan was applied for online and a "digital signature" was used to complete the application, what then constitutes an original CCA as it won't be like a paper based one that has a 'wet' signature. As Lowell appear to have a copy of the online application what would they be expected to bring to court and would the document they have be enough for them to win? Or am I missing something in my knowledge on this? Thanks.
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