Hi,

I am really stressed. I have received claim forms for the County Court for a HBOS debt being claimed by Lowell/Bryan Carter. The claim is for £740.

I did have a Halifax account a few years ago and it went into arrears for around £150.

Is there anyway I can ask the court for them to make Bryan Carter provide full information for the amount claimed

as I am not certain it is this debt and can't work out how it has gotten to so much?

TIA

Thread moved to financial Legal Issues.....

If you could read and respond to the following posting your responses here along side the questions in the link to enable the best advice on how to proceed...

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

Regards

Andy

Name of the Claimant ? Lowell Portfolio I Ltd

Date of issue – 19th May 2015

What is the claim for –

THE CLAIMANTS CLAIM IS FOR THE SUM OF 615.00, BEING MONIES DUE FROM THE DEFENDANT

TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

BETWEEN THE DEFENDANT AND HBOS PLC UNDER ACCOUNT REF ########

AND ASSIGNED TO THE CLAIMANT ON 02/07/14, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.

THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF AN AGREEMENT

AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH.

AND THE CLAIMANT CLAIMS 615.00

THE CLAIMANT 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 ONE YEAR

AND A MAXIMUM OF 1000 AMOUNTING TO 43.14

What is the value of the claim? £788.14 (658.14, plus 60.00 court fee and 70.00 solicitors fee)

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?

Current Account that has gone overdrawn (I think as this is the only HBOS account I have had. This account only went to around £150 overdrawn though).

When did you enter into the original agreement before or after 2007? After 2007

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.Lowell Portfolio Ltd.

Were you aware the account had been assigned – did you receive a Notice of Assignment? No I didn't.

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? I really did not have the money to pay the overdraft off.

What was the date of your last payment? Around June 2011

Was there a dispute with the original creditor that remains unresolved? I don't think so except for the fact that the sum claimed is much more than it should be.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No.

Hi Andy,

thank you. I have posted the information above.

19th may on the form you say?

dx

Hi Dx

yes 19th May. I sent the form back saying I was defending in full and did not recognise the debt. I hoped it would make Lowell send me the full information, but instead it just meant that they sent me a form to allocate the case to the small claims court.

std court procedure

have you sent them a CPR to request all the dccs they mention in their POC?

dx

Hi Dx,

no I haven't sent them any requests yet. Should I do that now? Is that the only way I can get the full information? Does the court not make them send the documents that they will bring to the court?

Thank you

not if you don't request them no I don't think.

cpr for current account is in the legal section of the top green library tab.

dx

OK, thank you, I will go and look for that now. Thanks

Hello, if the issue date was 19th May, then your timeline was as follows..

Issue date 19.05.2015 + 5 days for service = 23.05.2015 + 14 days to acknowledge = 06.06.2015 + 14 days to submit a defence = 20.06.2015.

You say you sent the form back advising that you were going to defend. Did you actually submit a defence ? If so, please tell us EXACTLY what you said in your defence ?

I would suggest you telephone the court on Monday and ask what the status of the claim is.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

You need to send the letter in the link above, to the solicitor named on the claim form.

This should show how the debt has increased as much as it has.

I suspect that this will be mostly interest and charges that have been added to the account. Did you have any Direct Debits that would have continued to be paid out of the account ?

Hi,

thanks for being so helpful. I am sending the letter that you have shown me first thing tomorrow.

In my defence in the court letter I wrote:

I deny that I have ever had any accounts. products or services from HBOS Plc.

I have received a letter from Lowell Financial Ltd dated 9th April 2015 asking for payment.

I replied to them on 17th April explaining that I do not owe money to HBOS

and asking for more information as to why they think that I do.

So far Lowell Financial Ltd has not replied.

I also received a letter from Fredrickson International dated 9th April 2015 asking for money for what appears to be the same HBOS debt.

I replied to them on 17th April with the same letter asking for an explanation.

Fredrickson International has not replied either.

I have also written to HBOS Plc insisting that they provide an explanation.

I stress that I do not owe HBOS anything and have not had dealings with them to result in any money being owed.

I would like an explanation as to why it is thought that I do and also an explanation as to why

both Lowell Financial and Fredrickson International are ignoring my letter.

For your information I have copies of all correspondence.

---------------------

I know that I probably do owe Halifax for an old account but I thought that by saying I didn't think that I did I would get more information.

I did not have any direct debits set up so the giant increase in amount owed must be just bank fees.

I am so stressed out right now because I do not have the money to pay these people back

I am sending? why have you waited yet another week before sending CPR?

you need to get your finger out on this court case

dx

Hi Dx,

I know, my husband has been in hospital and is seriously ill. I haven't had my head in the sand but I had to pick my battles this week because I didn't want to lose the plot.

happens to us all.

we're here

Hi,

the letter was sent first thing this morning, so now I will wait and see what they send in return.

Have any of you ever been to the small claims court like this?

I am so nervous.

How does it work if they don't give me any paperwork,

can they just say to the judge that I owe X amount and the judge will agree the CCJ?

Thanks

Short and is no they can't

Dx

Did you ring the court and ask the status of the claim?

Dx

Hi

I did phone the court and they said that it is a 'defended claim' and they are waiting for the claimant to confirm the next step.

then so do you.

the next move is theirs [the DCA's] and the court we will write to you if they pay and proceed.

Hi,

 

the letter was sent first thing this morning, so now I will wait and see what they send in return.

 

Have any of you ever been to the small claims court like this?

I am so nervous.

 

How does it work if they don't give me any paperwork,

can they just say to the judge that I owe X amount and the judge will agree the CCJ?

 

Thanks

also, with the greatest respect you need to go read other threads here

cag is about self help too

I notice you've not read any other claim threads in your view history.

try these>

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Lowells/Carter+claimform+-+Current+OD+'debt'+&sa=Search+CAG#gsc.tab=0&gsc.q=Lowells%2FCarter%20claimform%20-%20Current%20OD%20'debt'&gsc.page=1

dx

Hi Dx

thanks so much for your advice. It is appreciated.

I have had a look at a few of those threads, I will keep an eye on them too as I am interested to find out how the others are getting on.

Hi,

I am really struggling with this. I can not afford to see a solicitor I received the following letter from Bryan Carter this morning:

Dear Mrs xxxxxxx

We write further to your letter dated 6th July 2015.

We confirm the Claim Form was issued by the County Court Business Centre and that Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court.

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.

In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you.

In the original creditor's policy to issue terms and conditions at the start of the contract and statements at regular intervals throughout the duration of the agreement.

We confirm receipt of your defence.

We recommend you seek legal advice.

BRYAN CARTER SOLICITORS

usual template response look thru other threads and you will see, ignore DX will respond soon.