I need to file my Defence by Sunday 18th May 2014, here's a brief outline to the claim, to my knowledge this alleged debt is statue barred....

The Original alleged debt was with Lloyds TSB for a BANK ACCOUNT, but the debt is made up of all 'default charges applied' to the account, no money was physically borrowed or any Direct Debits etc paid for. The last action on the account was a returned DD 9th November 2007, after that we didn't use the account, but Lloyds TSB kept applying Account Charges, Interest and finally the account was closed/passed to debt recovery Nov 2008 suspending interest & Charges. The final demand letter was 24th Nov 2007.

- On 15th April 2014 Bryan Carter wrote to us stated they have issued a claim and we should receive it in 48 hours!!! Lowell is their Client as they bought the debt off Lloyds, debt is £1400, all Default Charges.

We acknowledged the claim and now the defence needs to be filed by 18th May.

Am I correct in saying that this alleged debt is 'Statute Barred'.......The account was also a Joint Account but the claim arrived is just against one of us.....

Any help and advice would be highly appreciated as I need to file my Defence by Sunday 18th May 2014.

Many thanks

im4347

have you sent lowells a CPR request?

dx

Hi Dx, thanks for replying.

I've not sent them a CPR request as i wasn't too sure if the same applies to Bank Accounts..... as this is a Bank Account debt...

theres a CPR for bank accounts in the legal library up top

Hi

If you could read and complete the following with as much information as possible this would assist in helping you draft a defence.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

Regards

Andy

Thanks Andy, appreciate it.

I will have a read through the link and start the draft

Regards

im

Hi Andy

I'm completing the info on the link you sent me, after I have completed it, do i post the info on my thread or send it to you via private message?

Post it here within your thread...we dont advise via private message.

Regards

Andy

Hi Andy Heres the info requested:

Claimant: Lowell Portfolio Ltd

Date of issue 15th April 2014

Defence Filing date as confirmed with the Court 18th May 2014

What is the claim for –

This Claim is for £1300.00 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 Ltd on XX/XX/2013 and notice served pursuant to the law of property act 1925

Particulars Re: Lloyds A/C No xxxxxxxxx

And the claimant claims £1300.00

The Claimant also claims interest pursuant to s69 County Court Act 1984 from XX/XX/2013 to date at 8% per annum amounting to £85

What is the value of the claim? £1500

Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Claimant has included it in the total claim

Is the claim for a current or credit/loan account or mobile phone account? Current Account

When did you enter into the original agreement before or after 2007? Before 2007 (2002)

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?

I wasn’t aware the Debt was assigned to Lowell. I don’t recall a Notice of Assignment.

Did you receive a Default Notice from the original creditor?

No, just a final Demand Letter from Original Creditor XX/XX/2007

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

NO

Why did you cease payments:-

The Alleged debt is made up of ‘Unplanned Overdraft Charges’, ‘Returned DD Default Charges’, no money was physically borrowed or any DD etc paid for.

Was there a dispute with the original creditor that remains unresolved?

Yes, I disputed the alleged debt but they did not resolve it.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

I wrote to them about Financial Hardship but they rejected to refund the charges.

I'm just sorting out the CPR31.14 to send off to the Solicitors.

Regards,

im

Quick question, This was a JOINT ACCOUNT and the Claim is issued to only one of us, is this correct?

Many thanks im4347

Make sure you use the correct 31.14 request (current account version).

Here is a current account overdraft defence I have previously drafted for another poster...have a go at editing to suit your particulars of claim:-

#####Defence Current Account example######

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor Lloyds TSB Bank.

2. The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

3. I refute the claimants claim is owed or payable. The amount claimed consists entirely of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

4.The claimant is denied section 69 interest as its already charged interest on the facility.

5. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

6. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

8. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX XXXXX 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

9.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Regards

Andy

Thank you so much Andy, I'm just gong through it now, Re: my post No 10: Quick question, This was a JOINT ACCOUNT and the Claim is issued to only one of us, is this correct?

Yes as it was joint and several a creditor can opt to sue either or singular...but can only sue once.

Great, thanks for that clarification.

Regarding the 31.14 request, would this point apply to my case?...

3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C

Yes and no but leave it in...

(7)In this section ‘applicable agreement’ means an agreement which—

(a)is a regulated agreement for running-account credit

Hi Andy, do you think i should add the following points to the defence.....

- I AM A LITIGANT IN PERSON

- In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16.

- Alternatively if the court decides not to strike out the claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.

- I respectfully ask the permission of the court to amend this defence when the claimant provides the above documents.

Thanks,

IM

No

Thanks Andy, appreciate it.

Regards,

IM

In view of your claim im4347 I will move your thread to the financial legal issues...you are a bit out of the way here.

Regards

Andy

Thanks Andy.

Thanks Andy, all done, will put both the Defence and the CPR 31.14 Request in the post to the Solicitors and email it over to Court later today.

Much appreciated.

IM

I would submit it on MCOL also.

Thanks Andy, I am sending it via MCOL, Bryan don't accept service by email so getting it in the post to them now.

Regards,

IM

3. I refute the claimants claim is owed or payable. The amount claimed consists entirely of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety

Me Being an novice in such matters, just a quick question to further my understanding.

From what I understand 3. would be more accurate re: Credit card charges. Can you use this in a current account overdraft scenario comfortably?

You shouldn't be serving Brian with your defence anyway...Northampton do that.