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  1. Date on papers is 7th November. I received it yesterday, Sat. 9th November. The papers say I have 14 days to respond, but another if I wish to defend. Yes, it is the Freedom of the Land process -- like most I got sucked in here I believe. The debt was with Marbles, who sold it to SAV, who used Lowells as the Agents, and apparently subsequently purchased it ... I have no record of Lowells purchasing this debt until I got the Court papers, Honestly. Credit Card. Problems with my business at the start of the recession and now surviving but bumping along the floor of survival...... enough to keep me going but .... I'm on working tax credit now. Up to the 5th Year of default - and no I didn't question the default process - too busy trying to keep warm, fed and alive. I live alone and am about 6 years off retirement. The estoppel was part of the Freedom process. Two other things for you to consider as an aside to the above thats occurred during the process. 1) A few years back I asked Lowells for a CCA - I never received the papers (genuinely) they claimed I did. A friend of a friend who is a solicitor in data protection, helped out by writing back to Lowells who then ensued a row over this - the upshot was that from the original date of the CCA to the time they actually sent the papers to my Solicitor about three months had elapsed. The papers did not include the contract. My Solicitor backed off and disinterested in helping freebees but got me that far. I then wrote to Lowells and said the account was unenforceable because they hadn't sent the contract. I have an email (all paperwork was by email) from my Solicitor confirming the Contract wasn't in the documents ..... not sure if this is evidence and look to you guys for assistance here. 2) Lowells (then on behalf of SAV) in one of their nastier moments wrote to my sister who was joint guardian of my mother's then bank account with myself.... this caused a major upset in the famiy as you can expect ... they said they were with in their rights to do this because it was on my records, yet they knew precisely where I was living..... again I'm not sure whether this is evidential. Help ... I'm drowning.... never done this before xxxx
  2. These are the template letters viz Bills of Exchange Act that I sent out ending in an Estoppel - they are lengthy. After this I followed it up with a genuine Notory Public, {EDIT}, who served the papers again a) letter of request, 2 affidavit, 3) Notice of Fault, 4) notice of default and finally 5) the Notary sent a Notice requiring a response under a notarial seal in 2010. This was followed up with a Notary's Certificate of Service and Non or Inadequate Response to Marbles in March 2010. This debt was bought from Marbles and subsequently bought by Lowells Financial. What I don't know and guess this sounds stupid - is will this all stand up? I've got a Form from Northants CC ..... the main administration of the courts I believe.
  3. Hi everyone, years ago I served the usual letters of request, Affidavit, Notice of Fault and Estoppel on Marbles credit card. I then obtained from [EDIT} a Notorial Certificate of Service. Years on, Lowells are now taking me to court over the debt. Has anyone been successful in court with this type of submission and with a Notorial Service please.... or is this not worth the paper written on? Any advice would be gratefully received.
  4. I think they've already answered your kind suggestion in that they are not playing ball over the code of conduct they signed.... which leaves me either to carry on with the FOS or as originally requested, of caggars .. how do I go about suing? thanks a bundle for your support.
  5. I've chased every 3 months .... been told I had 8 weeks to wait before a decision, then told that was wrong .... so keep chasing but frankly they don't seem to be going anywhere with M&S and hence now targetting the insurance underwriters -
  6. I've got a similar issue, whether I should sue or not as I've never done this .. FOS letter states: ".. because your PPI was sold to you before 2005 we are not in a position to say whether or not the seller (M&S) acted against any rules. Instead we are investigating whether the business underwriting your PPI (Allianz) - which signed a code of conduct at the time, can be held legally responsible for how the businesses selling its insurance polices acted" ..... Now this has been going on for 2.5 years with the FOS .... any suggestions please?
  7. Can anyone help me with Swift Advances? I'm trying to get an old Charge removed and they are refusing : the loan was paid off and I stupidly entered into another - however that loan does not have a charge on the deeds and the original charge relates solely to the first loan. .. any ideas what to do next.
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