He has received the landlords witness statement, and there is photos of scratched flooring. However there are no before photos at all, and they were definitely commented on when my friend and his family moved in

Thank you. I know this is a huge ask, but if I get this done in the next couple of hours would you please take a quick look at it for me before I give it to him to submit? also, the lack of pre action protocol, is that likely to be taken seriously by the court or will they brush it off?

Thank you so much! do I put this as the first point in his evidence? And am I ok to use that word for word?

Hiya, I am helping someone with a. Court claim against them. In short it’s their old landlord taking them to court for £4500. There were disputes after leaving, and the final months rent owing, which the landlord has since taken the bond which covers that. He is also claiming for a number of things, including full new flooring downstairs as he said the old was scratched, it was also very old, older than 10 years. My friend had lived there for 6 years and it was old when he moved in and noted that there were scratches on the floor in the inventory. I know that he would only be allowed to claim a portion of that as he is not allowed to benefit from betterment, but I am struggling to find the litigation to back that up. also, he never issued any letter before action, the first my friend knew of this was the court paperwork. He submitted his defence etc in time, and though I’m sure it wasn’t great, and definitely wasn’t worded in Any legal sort of way, it was in. He now needs to submit his witness statement by 4pm today. He’s requested an extension due to not having received the sar from the letting agents which means he doesn’t have all the info he needs to submit. But he hasn’t heard back from the court so needs to do something by 4, which I am trying to help him get done in time, can anyone help advise how to argue that there was no letter before action please? I know it’s an issue, but I don’t know how to argue it for him and can’t find anything when I’ve searched on here. Also, can he win with this?

No, it’s just their second response to my response to their pap letter. So it’s complicated, but they sent me pap months ago for 3 combined debts, i responded to Lowell and solicitor as recommended. Solicitor sent me the agreements of two capital one accounts and said they couldn’t locate any documents for the third so said they would write it off. Lowell sent me account details for an old statute barred vanquis account. A couple of months later overdales sent me another pap letter for the same 3 initial accounts. I checked here and responded the same way as the first time. I’ve had no response at all from Lowell, and yesterday I got the statements and default notices from overdales. The front page now only states the two capital one accounts, and says that they will now proceed with court action. So I’ve still got no response from Lowell, just from overdales, but altogether I have account agreements, statements and default notices. so I was wondering what I should do now, and if I should consider irl claim?

Yesterday I received a pack from overdales containing default notices and statements of accounts for both capital one accounts. They sent the agreements ages ago, as uploaded in earlier comments. The letter states that they will go for a ccj if I don’t set up a repayment plan. What is my next move? Have they complied with everything, and if they have does that mean they will win at court? I’ve been reading and was wondering if I should put in an irl claim. I know this would need to go to capital one, and I don’t know if it would make any difference to anything. I really appreciate any help or advice

I had a Lloyds bank account, 2 actually. I'll try to be very brief with this.. I got into a mess with them giving me a huge overdraft. I was on a phone call to them explaining how, due to the charges I couldn't afford to buy food for my kids. They refused to help. I said you should never have given me the overdraft in the first place. This is literally all I said. I didn't know until later, however they took this as an official complaint, and investigated it as such. I received their final response, saying they'd done nothing wrong. But I still didn't understand that that was an official complaint. I read up about it later, and found out I should have then gone to the ombudsman. However, my 6 month time limit was just up. I phoned the ombudsman and they said they would have looked into it but wouldn't be able to as it was a couple of weeks out of the 6 months. I've sat on this for the last couple of years. They've sold the debt on to Link, and I'm just waiting for them to take me to court. I've been wondering though, I know I can't go to the ombudsman, but can I go back to Lloyds and complain about it again, then take it to the ombudsman? Or can I not go back to Lloyds because in their mind they've investigated it already?

Thank you!

I have an update with this and I'm not sure what to do, and wondered if you could advise me please? So I got this letter of claim giving me 30 days to respond from overdales, regarding 2 capital one credit cards, and one studio catalogue, which were all together on one form. I sent off all letters as advised Overdales replied with agreements for both capital one cards, and a separate letter saying they were unable to solve the studio query so they were returning that to lowell. Lowell replied saying they were trying to get me the information from Vanquis (This didn't relate to vanquis at all, they do have an old account of mine from there but it is well and truly statute barred). They eventually replied with vanquis account information. I've still received nothing from them relating to either capital one or studio.. I have now received another letter of claim from them. Identical to the first one I received in November which I responded to. It has the same 3 accounts on, one from studio and two from capital one. Should I respond to this the same as I did before?

DX - thank you and sorry, I was just browsing and saw that and wondered.. Andy - yeah it is a dodgy scan, it’s perfectly clear. So now are they going to take it to court? Like I say, overdoses have sent me this, Lowell have replied saying they’re trying to get my capital one documents from vanquis but have sent me nothing from the list I sent.

This scan isn't great, I'll do it again if it's not good enough, sorry! I've just realised also that I received none of the documents that I requested from the pap form Overdales first reply cca agreements redacted.pdf Thank you. I will do. I don't think I have the full account number, just the last 4 digits. The second debt I have absolutely no idea even what it is, I'm not convinced it ever belonged to me

also...I have just had 2 debts fall off my credit file due to being statute barred. Both owned by Lowell. Should I send them a statute barred letter? They haven't contacted me specifically about these, other than they regularly send letters which include them at the top saying they have accounts of mine that need paying. One of these worries me especially though as it is listed at my old address, or it was on my credit file before it dropped off. I ignored that for ages because I was worried it might make them take me to court for them and I didn't want to draw their attention to it, they have included the debt (Vanquis) on other letters they have sent to me at my address. I asked on here and sent a letter a few months back with my change of address but they didn't update my credit file with the right address so I don't actually know which address they would use. I also don't know if they have just written it off or if they will try and get a ccj for them..

I've had an update or two on this and wondered if anyone could advise me what to do next please? I sent the PAP and CCA letters off. The debts being claimed for together are one to Studio catalogue, and two to Capital One. I received a letter from Lowell just before christmas, which said that further to my requests, they were sending off to Vanquis for my information.. They did have an old vanquis account of mine, which was statute barred in December, it should have been a couple of years ago as they defaulted me really really late, but I didn't want to rock the boat so I just left it there all this time. This was not mentioned on the Overdales pre action letter I got so I figured they'd made a mistake.. I then received a letter yesterday from Overdales saying that they couldn't get the info on Studio so have returned it to Lowell, however they had enclosed both copies of the agreements to capital one, and that I now have 30 days to respond or they will take it to court. They have sent printed versions of contracts (taken out a few years apart, one is longer than the other). Each contract has my name, date and address at the time. I read somewhere that they should show an ip address, and they don't have that. What can I do now? Is there anything? Or are they just going to take me to court? I really can't afford to get a CCJ and I'm very panicked...

I'm really sorry to sound so stupid but I've been sorting these forms and I'm confused by a couple things, could you possibly help me please? The CCA letter and reply form, do I send these to Lowell or to the solicitors? Also, there are two slightly different letters in post 1 and 2 on the cca link, am I right that the first one is right? It's the paragraph towards the end. The reply form, do I print and fill it in, or am I best to type it? Thanks again for all your help x Oh and I will go to the repo forum, I honestly didn't realise that there was one..

Sorry I didn’t realise. the two capital ones, I had one account, limit about £1500 I think, and I’m not sure why or how I got the other. The second only had a small limit, £200 I think. I phoned and told them I was struggling to pay everything. I’d not been working for a few years because I was bringing up my babies and had just returned to work and was struggling. I’d been given quite a few bits of credit while I wasn’t working and just couldn’t afford everything. Childcare costs meant I wasn’t any better off in the short term, I had a humungous overdraft where the charges were killing me and everything caught up with me so I stopped paying and buried my head in the sand. The catalogue account was for Studio. A friend asked me to open the account to order her something from there which she couldn’t find anywhere else so I stupidly did. Then I used it too which was even more stupid. I’ve no idea what the balance was but Lowell have listed at almost £500 now. lowell have now lumped all 3 together to n this letter and given me 30 days to respond. Ive now read the link you’ve put up there and other stuff on here and I’m thinking should they have given me 60 days? Or am I misunderstanding? X Oh, I sent the dsar because I have a few defaults from that time and I was cross with myself and panicking so thought I’d do something proactive. I had my car repossessed which I’m convinced wasn’t right so I put in a complaint with them and sent for a dsar to help my complaint with the fos and randomly sent a few more off as well.

Thank you x i just have a couple more questions if that’s ok? In this it says: I dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation What reason can I give? Do I send all of these to Lowell? Or the solicitor? Or the original places? I sent off to capital one a dsar earlier this year, was this a silly thing to do, will it affect me now?

Hi, I have received a letter from Overdales this morning to high I think is a letter before action, regarding Lowell. I have been to court with Lowell before but never taken any notice of this letter giving me 30 days before, and I was wondering if there’s anything I can do now? I have read through and seen about sending off requests to Lowell. Should I do this? And do I need to send the postal order still? The other thing with this letter, is that they have put 3 debts onto one. There are two separate capital one accounts and a catalogue account listed on the second page, with a tota of all 3 on the front. Can they do that? I’m sorry if this sounds a bit garbled, I’m a bit panicked and I’m not sure why. I appreciate any help you can give me x

Thank you so much for your help again. I haven’t sent you a pm though, I wouldn’t do that. I also don’t have mental health issues.

Thank you so much for your reply. Can I just confirm please, writing to them with my new address won’t reset the 6 year clock? I don’t have the account numbers for them either, the credit file only shows the last digits, is that enough if I include my old and newer address? Can they claim to have not received my address change? The overdrafts and other bills are now with debt collectors, do I still ignore them all? thank you x

Hi, I’ll try to keep this as brief as I can. I got into a bit of a pickle a few years ago, and this site helped me win against lowell in court a couple of times. I was then getting my credit files in order, I have 2 defaults which were reported really late, but are due to drop off over the next 3 months, and I was making good progress until the beginning of covid and the 6 months prior, when stuff happened and I managed to accrue another 8 defaults. I’m gutted as I’d worked so hard to sort everything out but this is where I am now, and I was hoping for some advice on what to do with a couple of things. I’ve buried my head in the sand too many times and I need to be proactive if there’s anything I should be doing. the 2 defaults due to drop off soon are with Lowell, one vanquis, one catalogue I guess but I’m not sure. I’m certain that the last payments were significantly over 6 years ago. on my credit files they are listed at my old address (from over 4 years ago). I know I should have told them my new address but I was scared to draw attention to myself, I’m really worried that they are going to try and get a back door ccj (they did this with my husband by using an old address despite having written to him at current address). Is there anything I should do with these two? Of the other debts, 2 are overdrafts (same bank, I had two accounts). One was just charges, about £100, and the other is over £3000. I took advice from here when the fees got unbearable and changed my bank account and let it go to dca about 2.5 years ago. The big OD got so big because I wasn’t working when I got it, and the fees became so big that I kept having to increase the od to be able to afford to live. And I was stupid. I was scammed by PayPal, (which caused the little od) and during phone conversations related to that I said that they should never have given me the od in the first place. I didn’t know at the time, but they took that as a complaint by me, investigated and sent me a final response a few months later saying they’d done nothing wrong as I agreed to the overdraft. At the time I did not realise that this was an official complaint so I just ignored it. A few months ago I looked into trying to sort stuff out, read loads, and I spoke with the financial ombudsman who said that as over 6 months had passed there was nothing I could do. Now I’m really worried about what they are going to do, as I’m sure Lloyds bank won’t allow a £3000 overdraft to just disappear. Is there anything I can do? I did request a sar at the beginning of the year and I received that. The others are mainly credit card and catalogue debt. I sent sar requests at the beginning of the year to capital one (2 accounts) and marbles and received those back. The other is a catalogue debt. Is there anything proactive I can do with these rather than just completely ignore them? I think they’re all with dca. I get very frequent emails from JC Aquisition. This is about a £90 debt from sky from about 8 years ago. I disputed this at the time but nothing came of it, it was when they continued to charge me for a month after I moved house despite me making 3 phonecalls to cancel my account when I moved house. It should be statute barred but I don’t know what to do to stop them taking me to court. I also have no idea what address they are even using, or how to contact them other than replying to their emails. Sorry this has ended up being long. I would really appreciate any advice you could give me

I know. I was confused with the advice I’d been given here, but because they of what they’d said yesterday and the fact that I was waiting on a call back from a supervisor I was genuinely shocked when they turned up yesterday. Until two weeks ago I had no idea it had gone this far. When i took the finance my credit rating was poor, but I didn’t have loads of anything on, just a couple of defaults from when I went through a rough patch a while before. I knew it wasn’t the best deal in the world they gave me, but it wasn’t 50% interest or anything. I think it was 18% which I know isn’t great but it’s not amazing. I’d also just returned to work after prolonged maternity leave so didn’t have that going for me. They weren’t interested in the time order. They told the repossession man to collect it today, just hours after I’d tried to pay and told them I was going to go for a time order. what should I have done when he was sat at the end of my drive? He said he wouldn’t move until I handed it over

No. He had a clipboard with a sheet on it. I went outside to talk to him. My little boy came to the door and the bloke looked at him and told me again he was staying there blocking the drive until we handed over the keys. I feel very embarrassed that I was scared but I was, I felt vulnerable and threatened.

I haven’t paid a third. I tried to pay the extra yesterday, because the 2 months is missed the payments of, but they wouldn’t let me. If I’d paid it then I’d have paid a third

Not with my consent. But I did hand over the keys. I was in with my young kids and he said he wasn’t going until I did so I didn’t know what else to do. I’d phoned Moneyway and they said they could do whatever they wanted, I felt threatened so needed him to leave. What should I have done? Is there anything I can do now? I’m not even bothered about the car, although I don’t know how I will get to work, but I know they’re going to bill me for thousands when they sell it for next to nothing

They’ve left, the took the car