Hello people,

Its been a long time since I've had to do this so I'm looking for guidance.

My Partner has received a County Court Summons dated 22 March2018 for a Lloyds credit card.

The card was taken out in 2000 and the last payment made was in 2014 - according to the particulars the agreement was assigned to Lowells in March2015.

I am presuming there will have been letters from them but my partner WILL have ignored them, which is why I am guessing they have gone down this route - hoping this will be ignored and then gain judgement by default. The total claim is £2126.77

Obviously this is now time sensitive so I need to get moving with it - How do I reply to the summons and then how do I deal with Lowells?

Sorry its so sporadic but I do a lot of travelling with my job so sometimes its difficult to get things achieved.

Any advice, as always , gratefully received.

regards

OOT

Put in an acknowledgement with intention to defend and that will give you some breathing space.

Have you got any idea of how many late payment charges there are and at what level they were charged? Have you got the paperwork which refers to this – statements et cetera are you going to have to send an SAR?

Hi BankFodder,

I suspect there is very little paperwork - I just know that when the payments stopped and the letters started, most ( probably all) will have been ignored - It was not a good time for my partner....I know Lowells are claiming 8% PA from date of assignment to date of issue, but that's all I really can tell you.

So do I need to apply for SAR?

OOT

If you would read the following link and then copy and paste the Q,s and your responses back here so we have all the information in one post.

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

Information with regards to the claim process is contained in the above link.

Regards

Andy

Thanks for your help with this

Name of the Claimant ? Lowell Portfolio LTD

Date of issue – 22 March 2018

What is the claim for –

1. The defendant opened a Lloyds (credit Card) regulated by the consumer credit account under reference xxxxxxxxxxx on xx/xx/2000 (‘the Agreement’).
   
2. In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.
   
3. The Agreement was later signed to the Claimant on XX/XX/2015 and written notice given to Defendant.
   
4. Despite repeated requests for payment, the sum of £19XX.XX remains due and outstanding. And the Claimant claims
   

1. The said sum of £19xx.xx
   
2. Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per Annum from the date of assignment to the date of issue.
   
3. Costs.
   

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I am aware of.

What is the value of the claim? Between £1900 and £2000

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? Before 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. Debt Purchaser - Lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I am aware of

Did you receive a Default Notice from the original creditor? Not that I am aware of – but highly possible

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware of

Why did you cease payments? Could not afford repayments

What was the date of your last payment? 2014

Was there a dispute with the original creditor that remains unresolved? Not sure

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

pop up on the MCOL website detailed on the claimform.

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register as an individual

note the long gateway number given

then log in

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

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then using the details required from the claimform

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defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

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get a CPR 31:14 request running to the solicitors

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type your name ONLY

no need to sign anything

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you DO NOT await the return of paperwork.

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

Thanks Jon

Claim has been responded to -

CCA request going to claimant today

CPR 31:14 going to solicitors today.

seeing as though Claimant AND solicitor are the same people ( Lowells) should I still send in 2 separate registered letters?

Thanks again

OOT

Actually, Strike that post above!!

Even though Lowells are claimant AND solicitor, they are operating out of 2 different offices - so ive answered my own question there!!

OOT

OK, have a look at like threads using the search bar at the top of the page

post your defence up here to be checked before submitting

most important thing is don't miss your filing date

I certainly will post before submitting!!!

So the CAA and CPR letters have been written - just 1 small thing - maybe its me being stupid ( or pedantic!)

The CPR starts Re: (Claimants name) v (your name) Case No:

Where is the Case No?

Is that the Claim number?....

as I said - its me being stupid!!

OOT

One and the same

Thanks Andyorch....as I said, me being stupid.

So with regard to filing a defence - should I do that immediately or would it be better to wait nearer the deadline BUT make sure it is before - and also, the CAA and CPR will be going registered post on Saturday - obviously it would be tomorrow if it wasn't for the holidays, but do I include that in my defence that I have requested this info but obviously nothing has come back yet?

Thanks

OOT

Monday 23rd April is your deadline 4.00pm..allows time for them to comply to your requests.

Ok thanks -

I'll sit down over the weekend when I can get in front of a proper computer screen and do some research on how to compile my the defence.

many thanks

OOT

use the search cag box top red toolbar

Lowell claimform card

So this is my first attempt of draft of Defence:

1.The defendant opened a Lloyds (credit Card) regulated by the consumer crediticon account under reference xxxxxxxxxxx on xx/xx/2000 (‘the Agreement’).

2.In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.

3.The Agreement was later signed to the Claimant on XX/XX/2015 and written notice given to Defendant.

4.Despite repeated requests for payment, the sum of £19XX.XX remains due and outstanding. And the Claimant claims

1.The said sum of £19xx.xx

2.Interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per Annum from the date of assignment to the date of issue.

3.Costs.

The Defendant contends that the particulars of claim are vague and generic in nature, neither is a recognisable account number offered with regard to this alleged credit card debt.

1. Paragraph 1 is noted. I have in the past had an agreement with Lloyds but do not recognise this specific account and have requested clarification by way of a CPR 31.14 and section 78 request.

2. Paragraph 2 is noted, however, I am unaware of a received default notice from the original creditor

3.Paragraph 3 is denied, I am not aware I received any Notice of Assignment from the claimant nor the original creditor.

4.Paragraph 4 is denied. I am not aware of any repeated requests for payment.

On receipt of this claim I requested information relating to this alleged debt from the Claimants solicitors by way of a CPR 31.14. on the xx March 2018 by recorded delivery.

Furthermore a CCA section 78 request was sent to the claimant Lowell Portfolio 1 Ltd, by recorded delivery on the xx March 2018, as at this time both the Claimant and acting Solicitors have failed to provide me with any of the documents requested.

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant,

the Claimant has failed to provide any evidence of assignment or breach requested by CPR 31.14 and by a CAA request.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

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

6. On the alternative, if the Claimant is an assignee of a debt, 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.

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

I would welcome any comments, criticisms and pointing in the right direction.

Many thanks

OOT

I've added their POC in red.

had financial dealings not agreement

theres no mention of a default?

Dx, would the agreement being terminated not insinuate a default notice?

dx100uk & jon - thanks for replies:

The POC listed in red is taken verbatim from the claim form so there is no mention of default.....maybe just sloppiness on their part?

OOT

oh they'll need it yes but you need tp mention the termination with regard the default point 2

So i need to change to...

2. Paragraph 2 is noted, however, I am unaware of a received default notice and termination notice from the original creditor

Would that suffice?

OOT

I am unaware of any form of notification from the original creditor regarding termination nor receiving the required default notice first.

Duly noted!

Thank you.....

OOT

So, over the past 24 hours we have received 5 phone calls from a withheld number asking if we could ' call back to discuss an urgent matter - Please call 0333 556.............'

doesn't take a genius to figure out who that is!

I have up to the 23rd of this month to file the defence - should I hang on to it for a while or get it filed now?

OOT

hang on to the last minute to make sure they don't produce any paperwork

if they provide some you can amend your defence to suit