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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

marshy1977

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Everything posted by marshy1977

  1. marshy1977
    I was not given a copy of the agreement. The copy I signed states that 'The rest of the conditions can be found under "Further Conditions" on the reverse of your copy of the agreement'
  2. marshy1977
    They have provided copies of notices of assignment they allege to have sent to my address. I did not receive them. The DJ ordered them to provide proof of serving these Notices of assignment but they have up to now not done so.
  3. marshy1977
    Although I have signed the agreement of one of the debts, I did not fill-in the form, the staff at the store did it for me. The writing on the form is not mine. I was not given any terms and conditions and none have been provided with their bundle
  4. marshy1977
    One of the debts has absolutely no paperwork for it. Unless if they bring the paperwork to court I guess I can easily deafeat that particular debt.
  5. marshy1977
    Than you for your response Unclebulagaria67. The APR on the signed agreement is not the same as that mentioned in the statements.
  6. marshy1977
    Dear all, Lowell have not sent me copies of Default Notices as ordered by the court, is the lack of DN a strong enough reason to have this SD set aside? Please help I have to file my defence by Tuesday next week.
  7. marshy1977
    Hearing set for 05/06/2013
  8. marshy1977
    The Jan 2013 has a discrepancy of 200 pounds, total amount claimed minus total of debts listed.
  9. marshy1977
    The Jan 2013 SD is the one I applied for a set aside. The other one, I have only just seen it in the bundle they were ordered to serve it contains all other debts in the one going through the courts plus one more debt.
  10. marshy1977
    I have now noticed why I made the mistake of mentioning that there is 5 debts and then put down 6 debts that is because there is two SDs in my possession one served on me in Jan 2013 and another in the court bundle dated Feb 2013. Could this mean that the SD is legally flawed.
  11. marshy1977
    Do they have to supply default notices for mobile phone contracts? Are they regulated by the CCA 1974?
  12. marshy1977
    No I have not complained before. I buried my head in the sand as soon as things got tough.
  13. marshy1977
    I did not receive any original copies of Notice of Assignment for any of these debts. In their bundle there is copies though which they allege to have sent to me. If I am not mistaken notice of assignments have to served by recorded means or personall. There was no letters before action.
  14. marshy1977
    As for the internet/phone debts, are they still subject to CCA 1974 regulations? Are they are still obliged to send the default notices?
  15. marshy1977
    Yes I admitted liabilty to the Very debt. I will look through the paperwork tonight to see if there is any default charges. I know for certain there is default charges on the Argos debt, including about 5 x £12 charges for sending letters.
  16. marshy1977
    It was roughly in early 2010.
  17. marshy1977
    1) Argos Card, Agreement signed in 2005 copy supplied but no conditions. No default notice, so I cant remember when defaulted, statements provided, copy of notice of assignment provided.£1170 2) O2 Mobile Phone Contract, no agreement provided, no statements, no default notice.£279, contract probably signed in 2004 3) O2 Mobile Phone Contract, as above.£214 4) 3G Hutchinson (internet), as above £299 5) 3G Hutchinson (internet) as above but they have provided a single copy of statement, £31. 5) Very, liability admitted, £333.
  18. marshy1977
    Havinastella, yes they have bundled all the debts together.
  19. marshy1977
    The court ordered that lowell respond to my request for the CCAs and related documents by 30/04/2013, the order specified that they send CCAs, notice of assignments and evidence of service and default notices. The court ordered to file my response to their bundle 28 days thereafter.
  20. marshy1977
    Dear all I have now received a bundle of documents from Lowell as ordered by the court at the previous hearing. In their bundle there is statements as well as and copies of Notice of Assignment for all debts (five in total). They have not included Default Notices as ordered. In all but 1 debt they have not sent me CCA. On one of the agreements they have sent me, it has my signature but the Terms and Conditions are missing and its not signed by the creditor. The same debt has no default notice. I have noticed that the creditor has charged me £12 on a number of times for sending a letter to me. They seem to have varied the T&Cs without notifying me. Can I argue this in my statement and how? (any case law on this?) Please help I need to respond in 28 days from yesterday.
  21. marshy1977
    Dear all, thank you for the very helpful information I have been getting on here. I was served with an SD by the lowlifes (lowell) end of January 2013. I quickly requested for a CCA under CCA 1974. I applied for a set-side and a hearing was scheduled for today, I attended the hearing their representative came with nothing and asked for an adjournment to which the DJ agreed. I used the template on here to challenge the SD in my witness statement. Till today they have not sent a single piece of document that I asked for in the CCA request. In his application for adjournment the DJ asked him to be clear why he wanted an adjournment, he did not have a clue why he was asking for it. Nevertheless the DJ granted it but she made a Court order ordering them to produce all the information I asked for in the CCA and evidence that they served the Notice of Assignment onto me. Now, I am new to these sort of things, do I have to do another Witness Statement? or wait for directions from the court?

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