I guys need some help

been sent a claim form from Northhampton CC on behalf of Lowells Portfolio Ltd and Bryan Carters Solicitors

regarding a debt we have no knowledge of,

seems a bit cliché but we actually do not know how we have this debt.

Out of the blue we had a letter two days ago regarding their intentions

and then voilà the claim for arrived.

I have dealt with debt agencies before but never has the happened so fast,

I really need some help and advice on how to deal with this,

Thanks

Respond to the vexatious claim and state that you intend on defending this spurious claim in full, what him run.

Have you checked your credit file?

Hi Bazooka Boo, OK we will do that know and no we have not checked our credit file when I do what will I be looking for, thank you

Sorry do we send off just the Acknowledgement of service form or do we attach a defence as well

When you check your credit file your checking to see what is on there, if there are any defaults, and if so, whose name in next to the default.

Check it first before responding, I do believe you have 18 days in which to respond to a summons???

This is whats on the credit file with regards to the debt:

Lender - LLOYDS BANK PLC

Type - Current Account

Status - Default

Balance - Satisfied

Updated- 11/08/2013

Lender - LOWELL PORTFOLIO I LTD Type - Current Account

Status - Default

Balance - £536

Updated - 22/09/2013

Claim Form Amount £ 687.77

thanks

You have 33 days in total subject to how you decide to proceed.from date on claim form.

5 days deemed served so 28 remaining ...14 to Acknowledge service and if defending a further 14 to submit a defense. defense and acknowledgement can be done on http://www.moneyclaim,gov.uk.

register with MCOL

then log in

enter the claim form password

ack the claim.

defend all

don't tick the jurisdiction box

type up the PoC exactly as it appears on the claim form.

send carter a CPR 31:14

if you have no statements etc

might be an idea to send Lloyds an SAR to get them.recorded post

might get through in time.

Registered Office:

25 Gresham Street,

London EC2V 7HN

dx

thanks letsgetitsorted,

working on my defence at the moment which having spoke to my wife said the reason why we stopped using LLoyds

was they put the account overdrawn by £60 in charges then they added unauthorised overdraft fees

then put on an overdraft for £500 thats how it was left and

now we are here some five and a half years later with a £687 debt.

My wife did not spend on the overdraft just left the account as is

Cheers again dx100uk

Then IMO a debt made up completely of bank charges should never even get in front of a Judge, he will absolutely love this when he realises it is made up entirely of the banks fees and charges!

Brilliant, would love to be a fly on the wall if BC thinks he can win with this!

register with MCOL

 

then log in

enter the claim form password

 

ack the claim.

 

defend all

 

don't tick the jurisdiction box

 

type up the PoC exactly as it appears on the claim form.

 

send carter a CPR 31:14

 

if you have no statements etc

might be an idea to send Lloyds an SAR to get them.recorded post

 

might get through in time.

 

 

Registered Office:

 

25 Gresham Street,

 

London EC2V 7HN

 

dx

dx100uk, I have done the "Acknowledgement of Service" as per the instructions but now a little stuck you have asked me to type up the POC what do I do with that now? also to send Carter a CPR31:14, where do I find this? many thanks

Type out their particulars here (verbatim) less any identifiable data.

CPR 31.14 current accounts here:-

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

Regards

Andy

Type out their particulars here (verbatim) less any identifiable data.

 

CPR 31.14 current accounts here:-

 

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

 

Regards

 

Andy

thank you Andy here goes:-

THIS CLAIM IS FOR XXX.XX THE AMOUNT DUE UNDER AN AGREEMENT

BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND / OR SERVICES AND / OR GOODS.

THIS DEBT WAS ASSIGNED TO / PURCHASED BY Lowell Portfolio I Ltd ON 24/06/2013

AND SERVED PURSUANT TO THE LAWS OF PROPERTY ACT 1925

PARTICULARS

Re: Lloyds

A/C No. 123456789

AND THE CLAIMANT CLAIMS XXX.XX

THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTY COURT ACT 1984 FROM 24/06/2013 TO DATE AT 8% PER ANNUM TO XX.XX

Just found the statements and true to my word we had a credit of £4.67 as of the 9/09/2008 then they honoured a DD for 69.84 putting us overdrawn by 65.17, thereafter the debt has risen with only charges and interest to the current debt, I was wrong to say we had an overdraft.

that's their usual crap vague poc too

there is no agreement as such toward current accounts

so it will be interesting to see what they post back regarding the cpr docs, particularly the 'agreement' for this.

I can see carter running away from this.

that's their usual crap vague poc too

 

there is no agreement as such toward current accounts

 

so it will be interesting to see what they post back regarding the cpr docs, particularly the 'agreement' for this.

 

I can see carter running away from this.

I wish they wouldn't but I think your right dx100uk

CPR 31.14 all typed and now winging its way to Carters will let you know when I hear something, thanks everyone for your help

You don't still use these charlatans do you?

I kicked them into touch for exactly the same reason a couple of years ago.

You don't still use these charlatans do you?

I kicked them into touch for exactly the same reason a couple of years ago.

unfortunately so, our finamcial situation needs to change so we are lumbered with them until we sort out our credit rating too

Your not lumbered with them at all.

Vote with your feet and open an account with a different banking group, try the CO-OP, if you don't change banks then they will continue to hold you to ransom.

Your not lumbered with them at all.

 

Vote with your feet and open an account with a different banking group, try the CO-OP, if you don't change banks then they will continue to hold you to ransom.

ok will certainly see what the co-op can do for us, thanks

Reply back from Bryan Carter:

We can confirm the claim form was issued by the Northampton County Court Bulk Centre and the the Courts Protocol was followed when issuing the Claimants Particulars of Claim. Practice Direction 7c point 1.4 (3A) eliminates the requirements to attach the document to the Particulars of Claim then they are issued by this court.

We can confirm this matter will most be allocated to the Small Claims Track as this 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 despatched to you.

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

We confirm we are not agreeable to an extension for filing your defence.

we confirm we are in receipt of your acknowledgement of service.

As you will be aware a Claim was issued in this matter on 5 February 2014. Please respond to the Claim.....blah blah blah

Right i need to get my defence in so how do we go about writing one up when the debt is made up of charges and interest,

Many Thanks

Kev

usual rubbish from carter

bet he'll run away soon.

I am off to work this evening but would really appreciate some help with my defence, thank you everyone

right back now, to start the defence we have statements that show this bank have a history of returning our direct debits but on the 9th Sept 2008 we had a balance of : £4.67 in credit they then honour a DD for £69.84 putting us overdrawn by 65.17 then charges as follows:

02/09/2008 to 01/10/2008 = 185.94

02/10/2008 to 03/11/2008 = 31.30

04/01/2008 to 01/12/2008 = 2.95

02/12/2008 to 02/01/2009 = 3.86

03/01/2009 to 02/02/2009 = 78.78

03/02/2009 to 02/03/2009 = 159.47

03/03/2009 to 01/04/2009 = 4.87

02/04/2009 to 01/05/2009 = 7.19

02/05/2009 to 01/06/2009 = 7.51

02/06/2009 to 01/07/2009 = 7.37

07/07/2009 to 03/08/2009 = 8.23

03/09/2009 = 7.58

I am not sure if these figures help but would need help to get my defence papers drawn up, thank you