Hi all

Looking for some quick advice on a court claim from Lowell dated 5th Feb who have a Lloyds overdraft debt sold to them in 2015 although it was around 2013 that Lloyds kept adding more and more charges and fees etc.

The POC is as follows :

Author Document

Debt assigned on 24/11/15 by Lloyds banking group PLC and the claimant claims

1. 3595.98

2.Statutory interest persuant to section 69 of the county courts act ( 1984) at a rate of 8% per annum from 24/11/2015 to 02/02/18

287.68 and thereafter at a daily rate of 0.79 to date of judgement or sooner payment

Ref ****************** ( there ref number here )

I will be defending fully

but was thinking of using CPR31.14 but the claim does not mention any documentation.

Also is it worth sending a SAR request today to help my defence.

As stated I know there are multiple charges on the account,

I also do not recall receiving and NOA or documents asking me to bring the account up to date in a set timescale.

Also as a side not I am currently self employed under contract work until the end of Feb so if it does go to court can I still receive a CCJ for being self employed or possibly unemployed if I do not get any contract work in the coming months ..

Thanks...

Hi ...

If you could read the following link and confirm whether you received the New Pre Action Protocol letter prior to this claim being issued.?

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

Then read the following link and copy and paste the Q,s and your responses back here to provide a history of the debt then we have it all in one post to enable the best advice on how to proceed.

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

Regards

Andy

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

get mcol done

time is running out

just send our current account CPR 31:14 as is

no need to change anything

Thanks for the quick assistance..AOS done , CRP 31.14 sent to solicitors yesterday to be signed for..printed signature on form...

Thanks for the quick assistance..AOS done , CRP 31.14 sent to solicitors yesterday to be signed for..printed signature on form...

Irrelevant to us until you complete the link in post#2 notodebt.

Regards

Andy

Lowells

claim from dated 5th Feb

What is the claim for –

The poc is as follows :

Author Document

Debt assigned on 24/11/15 by Lloyds banking group PLC and the claimant claims

1. 3595.98

2.Statutory interest persuant to section 69 of the county courts act ( 1984) at a rate of 8% per annum from 24/11/2015 to 02/02/18

287.68 and thereafter at a daily rate of 0.79 to date of judgement or sooner payment

Ref ****************** ( their ref number here )

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? - NO

What is the value of the claim? - £4015 inc court costs and solicitors fees

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? - 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. - Assigned and by the debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? No ! Did not get any notification

Did you receive a Default Notice from the original creditor? - To my knowledge no

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

Why did you cease payments? - Lloyds kept adding fees and charges they also kept honouring Direct debits despite me telling them not to which increased the balance, I am sure i may have had letters upholding my complaints after raising the DD issue

What was the date of your last payment? - Not sure around 2012/2013

Was there a dispute with the original creditor that remains unresolved? - Yes for fees , chargers and not cancelling Direct debits

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? - Yes I did communicate financial problems but no debt management plan

is this ALL the poc says..

Author Document

Debt assigned on 24/11/15 by Lloyds banking group PLC and the claimant claims

1. 3595.98

2.Statutory interest persuant to section 69 of the county courts act ( 1984) at a rate of 8% per annum from 24/11/2015 to 02/02/18

287.68 and thereafter at a daily rate of 0.79 to date of judgement or sooner payment

Ref ****************** ( their ref number here )

Yes thats it word for word !

One thing I initially thought is the line debt assigned..don't believe I got a NOA ...

You can also see they are adding interest as well..

I think initally the debt was £2600 made up of charges , but Lowell have been adding on since

well no they aren't adding interest

they are hoping to get a default judgement which would not be seen by any human, and that slips through

its for the JUDGE to allow 8% and not over several years either, typically only one year is allowed

I would assume as they always do that they've lefy this until just before SB date

or what they think is the SB date, to gain max int on it.

go ring LLOyds ask last payment date please

they have 24hs phone banking

or do you still have online access

I will call them , just realised this is a Halifax OD obviously Lloyds owes this group now

sort of

its a bit complex the historic web between HBOS/TSB/LLoyds group

keep getting passed from pillar to post by Halifax but not being deterred.

On a side note

I have received a letter today from Lowell on another debt ( Vanquis card ) for £710 ..

.I sent them a SAR request for this sametime I sent the 31.14 to their solicitors ,

guess what I have been offered a 40% discount....what a surprise !

This is another one that is full of charges etc but that is for another forum...

Spoke to Halifax and they cannot get into account for balance or last payment but will send out statements for within the next 5 working days.

What they did confirm is the account was closed March 2014.

I know that between 2012 to 2014 no payments were made by me

so in liklelyhood it is coming up to the SB period which is possibly why Lowell are going for it now.

Also checking paperwork I did the pre litigation letter from Lowells solicitors....

Still awaiting any response from Lowells for CPR request ( is the timescale 7 days ) ?

Found pre action letter from Lowell solicitors dated 24/12/17 it has the prescribed terms but does not include any documents or statements sent with it

there is no timescale on CPR.....

what you want are those statements!!

just don't ever miss your defence filing date

Agreed ! Hopefully they will be here early next week . I believe my last date for defence is 9th March

an overdraft?

aside from the last payment (have you checked that), when was the o/d taken out

an overdraft?

aside from the last payment (have you checked that), when was the o/d taken out

Hi..

Awaiting documents for last payment...O/D was taken out in 2009

an overdraft?

aside from the last payment (have you checked that), when was the o/d taken out

Need to check figures but taken out on 2009 to 2012 when I lost job and then spiralled out of control with fees , chargers and honouring D/D's up to £3500 ..was left like that until 2015 and closed then passed to Lowell...

an overdraft?

aside from the last payment (have you checked that), when was the o/d taken out

Oh also not a signed in branch O/D but done over the phone with Halifax cust services so no signed docs to accept terms and conditions etc..

i was asking, as if it was after 2011 then the s61b cca act would apply. it wouldn't require signing though, just terms furnished at the time. then up to the court.

when was the last payment.

I need to check docs (awaiting from Halifax after calling them last week and apparently 5 working days ) as am almost sure it is before 2011..

Okay got a letter today from Lowell not relating to this but to 2 other debts they have purchased that I sent a SAR request for sametime as the SAR 31.14.

Apparently they are only sending me data since they purchased the accounts and not from previously as I will need to contact the original creditor for this.

Surely that is for them to either have all the previous paperwork or down to them to get the information from the OC if Lowell are the supposed owners ?

Okay got a letter today from Lowell not relating to this but to 2 other debts they have purchased that I sent a SAR request for sametime as the SAR 31.14. Apparently they are only sending me data since they purchased the accounts and not from previously as I will need to contact the original creditor for this. Surely that is for them to either have all the previous paperwork or down to them to get the information from the OC if Lowell are the supposed owners ?

If its of no connection to this thread...please do not post it ..it complicates the thread.

Andy

Point taken thanks ! Still awaiting those Halifax docs, called them just now to be told they have been posted....

start a new thread on it

start a new thread on it

Are you guys not busy enough helping out .......

Here is the letter from Lowells ...I notice they have a different amount on the POC to the amount on this letter ...

Letter of claim.pdf