paulh1818
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Everything posted by paulh1818
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Yes. In the cover letter, which I would like an opinion on, it says I should sign and return the enclosed order to Bryan Carter for them to sign and return to the court.
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Hi. Received a letter from Bryan Carter today. It is headed 'Without Prejudice Save as to Costs'. It is regarding a Tomlin Order. Would it be appropriate to upload this document as it is quite a lot to type out by hand.
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ok thanks dx
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ok i see . Do I send the sar to gratten or lowell? I ask because it is Lowell who own this account now.
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duck??
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No statements from gratten. Probably is some fees in there. I didn't worry about the fees though seeing that the account was closed...
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Should I still just sit this out for now?
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Yes I cca'd them regarding the shop direct account. They provided the original which was signed by me with t&c's all present and correct. They are getting £1 per month like all my debts. But I have a letter informing me that the gratten account is closed and no agreement can be provided. So I don't see why I should be 'cash-cowed' for this one. Yes the 'valued customer' made me giggle! Does this imply I could take my custom elsewhere? lol
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Another letter from lowell today... 'As you are already a valued customer of lowell and are currently paying your 'shop direct' account, we would like to offer you the opportunity to set up a new repayment plan for this account too.' Still best to ignore this? thanks.
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Ok thanks again Andy.
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If I do negotiate, am I still stuck with the court/solicitors costs?
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Hi. Received a letter from Carter today... 'We are writing to formally confirm our Client's Intention to proceed with this matter. We will send notification to the Court shortly but before we do so Our Client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate. The Court encourages this type of negotiation between parties. Please contact our helpful team to discuss how we can come to an arrangement by consent' Would it help my case at all if I did contact them? It seems pointless because there has been an arrangement to pay this for about 14 months now. They have had a further 2 payments since they issued proceedings.
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Creditor is showing as gratten for now. Maybe this will be updated to lowell next month when my credit file is updated?
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Just checked and there is no default date showing. All account history is showing as 'OK' back to sept '09 with a balance of £0. I'm checking my credit file on noddle. I could do a screen grab if that would be of any use?
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Oh ok. Thanks dx. I just thought I could nip this one in the bud as they have resurrected an account which was closed and is showing as up to date on my credit file. I didn't think this was possible.
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Ok. Thank you very much, Andy.
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Yes defence was submitted. My previous post regarding defence seems to be missing for some reason. I'd just like to ask if the claimant will respond directly to the court or to myself?
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Is it just a matter of waiting now or is there anything else I need to be doing? Thanks again.
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Well, well. Thought I had seen the last of this one. A quick recap - CCA'd Gratten via EOS solutions in March '11. EOS wrote back 'Thank you for your recent correspondence regarding your request for a copy of the original agreement with our client, Grattan. Unfortunately our client is unable to provide you with this; therefore, we have returned your £1 payment to you . Please be advised that the account has been closed and no further action will be taken by EOS Solutions UK.' Today I have a letter of assignment from my favorite sparring partner - Lowell. The cover letter states 'We have not been made aware of any reason why this debt should not be paid..etc..' My credit file shows 'Gratten - £0 - Up To Date' What are they playing at???? Surely this cannot be right. I still have the letter stating that the account is closed. I'm thinking I should I forward a copy of it to Lowell? Any other advice would be appreciated. Paul
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I'm really not sure what else I need to add.
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Thank you very much Andy. Is there any harm in submitting this defence today or should I wait until tomorrow? Also, do I include the POC in the defence?
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Thanks again DX. I really appreciate you input.
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Thank DX. Is this how it should look? Particulars of Claim 1. This claim is for 239.02, the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods. 2. The debt was assigned to/purchased by lowell portfolio ltd. on 03/10/2013 and notice served pursuant to the law of property act 1925. Particulars RE O2 (UK) ltd A/C No xxxxxxxx And the claiment claims 239.02 3. The claiment also claims statutory interest pursuant to s.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of 1000 amounting to 19.13. Proposed Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. 2. Paragraph 1 is accepted. I have in the past had a contract with O2 (UK) Ltd. However, a mutual agreement was entered into to repay monies owed on a monthly basis via Standing Order. The Standing Order is still in place, and payments are being made to this date.. 3. Paragraph 2 is accepted. I did receive a Notice of Assignment. 4. The Claimant has brought this action without fair warning in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was received.
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I've read a lot of threads but none seem to be much help. They all seem to be denials or statute barred cases which doesn't apply to me. So I am struggling with this now. I'm also begining to panic a bit because I don't have much time now. The fact that I don't have a clue what I'm really doing doesn't help much either. But this is what I have so far... 1. The Defendant contends that the particulars of claim are vague and generic in nature and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. 2. Paragraph 1 is accepted. I have in the past had a contract with O2 (UK) Ltd. However, a mutual agreement was entered into to repay monies owed on a monthly basis via Standing Order. The Standing Order is still in place, although, a payment was missed due to an oversight on my part. 3. The Claimant has brought this action without fair warning in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was received. I'd appreciate some feedback please. Am I on the right lines here? Are there any other points I need to make? Thanks.
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Yes Bazooka. Talk about a knee-jerk reaction for a pound!
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