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kalahari

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  1. I was just preparing my defense on the second claim to submit it and noticed that in the particulars of claim it does not mention a default notice being served on the account, is that important in any way? In actual fact it appear by the way it is worded that they are claiming the amount twice. This claim is for XX.XX the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. This debt was assigned to / purchased by Lowell portfolio l ltd on xx/xx/2012 and notice served pursuant to the law of property act 1925 particulars aqua account XXXXXXXXXXXXXXXX and the claimant claims XX.XX The claimant also claims interest ..... at 8% ....ammounting to XX.XX etc etc Is it just me or does the extra "and the claimant claims XX.XX" mean they have made a typo and asked for double the amount?
  2. Thanks, does this form get sent out to me? I submitted defense via Moneyclaim and other than the letter I mentioned have had no other contact or official letters.
  3. When is standard disclosure? How do I even know that this money is owed to them in full if I cannot see the requested documents?
  4. Is there a letter template for non compliance of a cpr 31.14 request or other process I should be following?
  5. I included the payment dont know if it was cashed postal orders I believe. I did not send the non compliance, oops, guess I should have. That'll be why I'm in this situation I guess.
  6. I asked for copies of my CCA for each account last October. I sent a few off on the same day, these two never arrived. I dont have a copy of the letters I sent but I took the template off this site and just edited in my details.
  7. With regards to my first claim they never responded to the cpr 31.14 request in any way so should I now be doing something with regards to this section from my first letter?
  8. Hi, what do you mean by combined, two separate debts moved into one claim?
  9. No nothing like that. But Ive read the threads on here hence my worries. Does the court do a loyalty card, a free claim for every ten claims or mabye buy one get one free, something seems to have got Lowells court team busy.
  10. Both claims are Lowells, one for aqua one for vanquis. Different solicitors for both though.
  11. Hi, I have had 2 court claim forms in the last month. These claims were for credit cards, I was made redundant over a year ago and stopped paying them when the creditors could not supply me with CCAs, I'm not avoiding the debts but am of the mind that if you want me to pay you then prove I owe you. I needed to stop paying them to afford to keep my mortgage payments up to date. Both of these claims appear to be bloated with charges to close to double their size. Claim 1 issued 10th July. (Amount just over £900) I first sent them an edited copy of this letter. (Recorded) I then defended the claim online using this defence. I Received a reply from the solicitors on the 29th aug (Sharp young and pierce) That states.... I have not recieved any other documents at all from Lowells or their solicitors. Surely they are making it very hard for me to defend this claim? Claim 2 Received 28th Aug, Bryan Carter Solicitors for just over £500. I've not done anything with this one yet but will likely follow the same procedure as above. My circumstances... Made redundant twice in 2 years (Lucky arent I?) Currently unemployed, large family. Mortgage with about £20K negitive equity that I am only just managing to scrape together each month. Secured loan on my house covered by PPI till end of September. If these Claims are successful What will be likely to happen, I feel even just one CCJ will be impossible to pay as I have about £100 a month more outgoings than incomings come end of September. So in sumarry. Should I defend claim 2 as claim1. Is Lowells really likely to continue with Claim 1 in court even though they have not sent me any documents and the account should be in dispute. If one or more claim is successful what are the likely outcomes, CCJ, BR? Are Lowells trying to push me to BR? Is that even an option bearing in mind the huge negitive equity in my house?
  12. Bought a laptop online, the title said.... (Laptop name and type removed by me) - 15.4", CM575, 1GB, DVD/RW, SATA, 1280 x 800, 4 GB RAM, 160GB HDD The description stated Memory Internal memory :4096 MB Internal memory type :DDR2 Memory slots :SODIMM Memory clock speed :800 MHz Thought, great a 4GB ram lappy just what I need. It arrived last night, I checked the laptop make on the delivery slip before opening it, it was the right one. I opened it, activated it and started it up personalising all the details on the way. When it was ready to use I checked it's specs via Dxdiag (for those not in the know dxdiag will list the systems specs onscreen). My shiny new lappy only had 1GB of ram despite the description saying 4GB!!! I checked the delivery slip and buried in the figures it stated 1GB RAM. I emailed the site who have yet to reply and I know they have read my mail as the description of the laptop online was hurriedly changed this morning to show only 1GB of RAM. I got this through a student grant and needed the 4GB for my work, 1GB is not good enough. I would not have ordered it if it clearly stated 1GB. I have the following... A copy of the webpage showing 4GB in both description and title. A copy of my emailed receipt showing the same. Checking the website now my invoice and order have been changed to show only 1GB, admittedly this is probably linked to the item number so as that has changed description they have changed to match. What can I expect from them? Can I request they supply memory to increase it up to the stated 4GB as I am pleased with the item other than the memory. If I have to send it back to them must they pay for postage? Can they refuse to do anything as the delivery slip stated 1GB? Can they refuse to do anything as I opened the sealed box and activated it, it is therefore no longer resellable. Their terms and conditions state... 2.1 The description and price of the goods you order will be as shown on the Supplier's website at the time you place your order. ...which seems to lean in my favour. Apologies for the long post, can anyone help, cheers.
  13. Does anyone have the additions address (argos direct) please? I need to send them a letter relating to a lack of CCA so if the appropriate department is known too that'd be a great help.
  14. I'm sending them this... Dear XXXXX Thank you for letter dated XXXXX. By your own admission you do not have a credit agreement for this account I therefore find it to be amazing you are still pursuing this matter asking for further repayments! Had you bothered to look into my case you will see I never did agree to a credit arangement as payment was made at time of purchase, therefore I would have been flabbergasted had such an agreement surfaced. I demand the following action which, purely in light of the lack of credit agreement, you have no choice but to comply with. Any further resistance on your part is futile. 1. All information regarding this account to be removed from my credit record, not simply marked paid but removed in full. 2. All debt collectors you have instructed to collect this account are to be stopped before any more harassment is caused to myself. 3. The account to be closed, balance set to £0.00 and no further demand for payment requested. I would also like an apology for the stress and hardship I have suffered, which included the embarrassment of being turned down for a loan partly due to this incorrect information being on my credit file. The apology should also include reimbursement for the time I have spent getting this matter concluded. Obviously I know you won't do any of the last paragraph, this account will probably just get filed under 'debtors who got away with it'. But if my numbered requests are not fully complied with I will be pursuing this matter further including a full claim for all my costs. I await your confirmation that points 1-3 have been fully complied with within the next 28 working days from the date of this letter. Sound OK?
  15. Hi, Wrote to Carter, got reply back from additions (Argos additions). I've only dealt with Argos on the phone about 7 months back. The jumper was ordered from the Additions website paid for by credit card at time of purchase. At no time did I ask for it on credit. All I know is Carter are now chasing this debt, and it has seen at least two other DC's who just pass it on whenever they get the details from me.
  16. Well, got a response from Argos... We are unable to locate a copy of an executed agreement, here is a blank copy. From our records your account was opened in 2005 (Wrong it was 2007) and you agreed to pay blah blah blah. So they don't have a leg to stand on even though they have not admitted any mistake, is there a letter on here that I can adapt to say no agreement no debt? I want to stick a moan in there too about the mishandling of my account.
  17. Hi, Got a Black horse loan about 2 years ago. Still got a few years left on it. I remember in the interview being read a form, the questions involved were, as well as I can remember... Do you have any insurance to continue these payments if you can't make them yourself. (I said no) Do you want us to add our PPI to the loan then, (I said yes). She filled in the form ticking boxes as I answered then I think I signed the form. Was this PPI miss-sold as I was not told I could get PPI from other sources or given a comparison of their rates to others. Oh and this PPI was added to the loan as a lump sum so would that have any relevence if I did claim it as miss-sold? Cheers if anyone can help, I've heard BH are utter B****rds with any miss sold claims, anyone had success against them?
  18. Oh dear, reading that whilst drinking was not advised. I'd love to send them that!
  19. Yep I've read a few stories on here about them. I'm assuming though that if they did try to push this through a court that a lack of any credit arrangement would prove I owe nothing. I think they are fishing to see if I'll pay up. In fact I'd be willing to bet money a living person has spent less than 5 mins on this and automatic procedures are to blame for it getting this far.
  20. Hello, For once I have a debt I don't actually owe, I got a letter from those stallions of the Debt collector industry Bryan Carter and Co. I've typed a letter up in reply but would like some of you experienced types to give it a quick glance to see if it can be improved. Here is my reply which saves me explaining the circumstances, I intend to send this via recorded delivery on Tuesday. ------------------------------------------------- Your ref XXXXXXXXXXXXX Dear (not sure who to address this to, your standard letter omitted the name of the person dealing with this). Thank you for your letter concerning the above account. We do not acknowledge the debt that this concerns. The basis for our disputing this debt is as follows. At the end of last year we ordered a jumper from Additions direct, we paid for the item using our credit card. We did not receive the item and contacted Additions who then sent it out claiming a problem had arisen and apologised. We, at no time, asked for credit and paid for the item in full at the time of purchase. Our belief is that an error has occurred and we have been charged twice for the jumper, once with the original order and a second time when the order was actually sent out. As no agreement for credit was ever entered into we are puzzled as to how you can be pursuing this as if one did. We have mentioned the above circumstances to several debt collectors who assure us the matter will be dealt with on each occasion. However this never happens as they just seem to pass the matter on. We are fully aware of our rights in this matter and are more than prepared to defend this in court which is where your letter appears to insinuate this is going. I would like the following steps to be taken by you or your client. 1. A copy of the alleged credit agreement allowing you to pursue this debt is to be forwarded to me. 2. Proof to be supplied to me that this debt does actually exist. 3. A detailed statement showing in full how a £20 Jumper (Paid for at the time of purchase) has incurred a debt of £140.25p. In my eyes this seems to be little more than extortion. Should you be unable to complete the above steps I am sure you will agree your chances of successfully winning this case in court will be none-exsistant. In that case I will accept nothing less than both the written acknowledgement from yourselves and your clients that the matter is closed plus written confirmation that all erroneous information regarding this matter is removed from my credit file. If you fail to respond to this letter and all points raised within we reserve the right to present this letter (and proofs of postage) to the District Judge or Sheriff in support of our defence. ------------------------------------ That last paragraph is an almost word for word copy from their letter's last paragraph stating what will happen if I refuse to dispute the matter now.
  21. After having a Citi card for 5+ years, when it expired last month they sent me a letter basically saying I wasn't welcome to a new card due to their policys changing etc.... What I am worried about will they want the balance back in full in a lump sum or can I maintain my monthly payments? Also will they be able to add interest on at credit card rates now they are effectively not supplying me with one? They haven't sent me a statement out on their usual day so I am expecting a debt collectors introductory instead. Oh now that I am finished with them I'm going to start claiming them charges back, are they good payers or is it a long fight?
  22. Hi, I did, I went to 30 miles, none were close to mine in age or mileage other than the 2 I found within 20 miles.
  23. Cheers for the advice, they've let me appeal by phone and the woman was more concered with passing it on to be looked at than my reasoning so maybe its just a standard event and I'll get a better offer almost automatically. Will update as and when.
  24. Hi, I'm currently claiming on my car insurance, its a write off. I bought the car for £4600 4 months ago A month ago it was petrol bombed, no one was caught but a witness saw someone do it. Insurance are offering £3600 (fully comp) Glasses valuation for sale at a dealer is £4250 The only car of this type and specification within 20 miles of my home address, on Auto trader, is £5000 (Traders only, there are one or two in private ads but I don't want to spend this much without any protection.) I have a few questions. Is it true the insurers have to return me to as close to the position I was in before the incident? For example similar car similar milage etc. As I was not at fault is it likely I will keep my no claims? The glasses valuation for my car is £4250, I've read in another post that this is the site the insurers use so is it likely they have sent me a low offer in case I accept no questions? Bit of a specific one now, I'm with Prudential for this claim, can I appeal by phone, or at least start the process, as with the postal strike I know they won't get anything by post for the next week. How far am I expected to go to find a similar car (This is quite a common car and there are plenty in a 30 mile radius.) Do the insurers look at private sales for comparison or traders only. Cheers in advance for any advice.
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