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

Fmcool

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Everything posted by Fmcool

  1. Fmcool
    Update!!! The mediation failed eventually as I was not agreeing to settlement. The court then sent a letter of details of the hearing to be end of September. 2days ago I received a letter from lowell solicitor informing that their client has informed them to discontinue the claim and a copy been served to the court. Oops! What a great relief reading that. I cannot thank you guys enough for your support especially your speedy responses, glad I found this forum.
  2. Fmcool
    What's post 30 pls, where do I get that?
  3. Fmcool
    Am a bit in a panic as I have the telephone mediation tomorrow and don't know if a deal will be reached as the claimant had failed to supply me with the requests I had asked for about 4x now.
  4. Fmcool
    Am sending the letter off today. Today also, I have just received an E-mail for invitation to mediate via telephone service, my question is 1. Should I still send the cca off 2. On the email I received, it stated if I can answer yes to all the 3 statements mediation is available. One of the statements is "I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate" my answer to this will be no as lowell is yet to send me the proof of last payment since I have asked then 2x over a month ago.
  5. Fmcool
    I will try and send a request for the cca and the CPR. When I received the DCA's letter informing me that a claim had been filed in the county court I had replied them requesting them to send me proof of last payments/contact to the account but not fully worded as the CCA/CPR request samples on the forum
  6. Fmcool
    Thanks for your patience. The account number is 14 digits which the bank told me it was the combination of a sort code and account number but does not exist not even under my name.
  7. Fmcool
    Sorry to be messing about, my defence was based on the info I gathered from the court when the blank form was emailed to me. I have just seen the info been the particulars of the claim as follows. 1) the defendant entered into a consumer credit act 1974 regulated agreement with hbos plc under account reference xxxxxxx ('the agreement'). 2) the defendant failed to maintain the required payments and a default notice was served and not complied with. 3) the agreement was later assigned to the claimant on 07/08/2012 and notice given to the defendant. 4) despite repeated requests for payment, the sum of £3,276.05 remains due and outstanding. and the claimant claims a) the said sum of £3,276.05 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 at a daily rate of £0.718, but limited to one year, being £262.08 c) costs
  8. Fmcool
    As I mentioned in my earlier message I didn't receive their claim form, the court only emailed me a blank copy of the form when I was advised to contact the court can't say precisely what their details are.
  9. Fmcool
    Pls explain what you meant by "particulars of the claim" Thanks
  10. Fmcool
    I went in to the branch but unfortunately it was a total different case I found out. I was told I only had 2 savings accounts with few pounds in them still active, 1 credit card which had been closed. Could not get a statement of the credit card account as I was told to contact the collection agent as it was already sold to them. The collection agent name is different to who am dealing with at the moment so maybe it had been passed on. What surprised me most was that I was told the account number I had from lowell couldn't be found on the bank database. I am pretty sure i had a current account and credit card with the bank but was told I only had savings and credit card with them. it appears the debt could be the credit card but the account number differs to what the bank told me. There is no debt on my credit file as previous credit card debt had dropped off. Here I don't know where I stand or what to do as lowell hasn't provided me the details of last payment to the account despite requesting from them. I have also filled the DQ and sent it off.
  11. Fmcool
    Will try and pop into a branch tomorrow as when I called was told they can't give information on the phone for a closed account. Will update you as I get on, thanks.
  12. Fmcool
    hbos
  13. Fmcool
    Thanks so much for your prompt responses. I will fill in the dq, ring the creditor. I have aso checked my credit file and that debt isn't on my file as it dropped off I think 2015/16 or so. Definately not in 2017.
  14. Fmcool
    The details of my defence was that I didn't acknowledge the debt, I had written about 2-3 times to them to send me the proof of last payment into the account which up till this moment it has not been responded to. My defence was forwarded to lowell solicitors by the court and they replied that my request was been looked at, until they get anything from their client my case is on hold Where it all stands now is that I have to fill in the direction questionnaires
  15. Fmcool
    I don't know the date of the claim as I did not receive the initial claim form just a blank form that was emailed to me when I requested for it from the court so don't know the full details of the claim. This I responded with my defence then later received the questionnaire direction form which was sent on 14th June but yet to fill that. The original agreement was before 2007 but can't be specific as I don't know the exact date. I stopped payment because things were tough, had no job and was struggling then.
  16. Fmcool
    Name of the Claimant ? Lowel portfolio ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 14 june 17 ? What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. For unpaid debt ????????? What is the value of the claim? £3800 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? bank overdraft When did you enter into the original agreement before or after 2007? 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. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? yes Why did you cease payments? i think 2009 ? What was the date of your last payment? don't know 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 planicon? no Unable to upload my defense as it was saying error and i have tried all i could but to no avail
  17. Fmcool
    Thanks guy, it's been busy but will try and fill the DQ and the link as per dx request asap. Appreciate you once again.
  18. Fmcool
    I believed a debt was statute barred when I checked my credit file last payment was in 2009, now it has gone off my file. Lowell now demanding payment, I sent a statute Barred letter to them they replied that termination of service was in 2009 but payment was made in Sept 2011 so not making it statute barred which I totally disagree as my situation was so bad for that period and could not have afford to make any payment from 2009. I don’t have the bank statement, the account had been closed. I sent a letter to lowell to prove date of last payment but they had ignored this. They informed to have made a court claim which I have not received any letter regarding this. Also they asking me to contact the court for a copy. i have contacted the court and i have been emailed the claim form, filled and returned to the court. the court sent a letter of acknowledgement of my defence and that a copy been sent to the claimant. i received a letter from the creditor that my case is on hold as it is being reviewed a copy of Directions Questionnaire (Small Claims Track) which they had filled that i will be sent my copy directly from the court to be filled so that the court can then make decision from these documents. i have asked the creditor severally to prove/send me evidence of my last payment which has been my defence and up to date they are yet to get that to me. I have been sent a direction questionnaire to fill and return. I don't understand this process they are taking and don't know what to do.

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