Hello Many thanks for the responses they are as always greatly appreciated and sorry for my tardiness in responding, I have not been too good recently. Okay, completed the Directions Questionnaire (N180) and that has gone off special recorded delivery, sent a copy off to claimant as well. We had not realised the date was so close, 20/8/15. Ibberty Bibberty do you mean the letter from the Court or the one received from claimant stating that husband had agreed payment plan with them? Sorry dx did not post defence as I did not want to be a complete pain and keep pestering you guys…..I studied the threads and put it together from that, here it is: DEFENCE: 1. I have held an account with Lloyds Bank PLC for credit card services however I do not recall the particular account number referred to and have requested a copy of the alleged agreement pertaining to this claim. As of this date the claimant has failed to comply with my section 78 request. Paragraph 2 is not admitted. I am not aware nor have I ever been informed of any legal assignment of this account number to the Claimant on the date stated. Paragraph 3 is not admitted with regards to the Defendant defaulting on payments to the claimant who is therefore put to strict proof to evidence this breach. 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 put to strict proof to:- (a) Show how the Defendant has entered into an agreement with the Claimant; and (b) Show how the Defendant has reached the amount claimed for; and © Show evidence of service of a Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed by providing full accounting of the amount they have claimed. 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 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. Hope I did not completely mess that up? Also just discovered that the CPR request was not sent, can I send one off now? The letter that BW Legal sent stating that my Husband had agreed a repayment plant with them is worrying me, should I respond to them? Thank You - Mollie

Sorry about that pressed the wrong button...... you........"? Nothing had been agreed with them at all, my Husband has had no communication with them whatsoever? Then they send a letter stating that their Client intends to continue with the claim. We then receive a letter from the court telling us that the claim is now defended but no defence/paperwork has been supplied by Lowells/BW? The letter offers mediation. Lowells/BW have now sent us a copy of this, still no defence/paperwork. Reading through the threads would I be correct in thinking that the answer to mediation will be YES and await the phone call from the mediation team who will ask if my Husband has the paperwork to which he will answer NO. It would appear that being the case they cannot proceed with the mediation. Do I need to write a letter in regard to their letter claiming a monthly payment had been agreed? Sorry if I am waffling but I am angry about the fact that these companies seem to be able to do what they wish

Hello An update and some advice please. Managed to complete defence after going through some of the great threads on here it was accepted by the Judge. Sent off CCA (Royal Mail Signed For) to Lowell's but still no response to that. BW Legal then start calling on a daily basis, I tell them please nothing verbal only in writing. We then receive a letter from them stating that the monthly instalment amount has not been received? It then goes on "at the time of making your agreement we advised you

Hi There After going through some of the threads over the past couple of days it looks as if our best plan of action should be go for defend all (Thank you DX) leaving the jurisdiction box un-ticked and send a CCA request to the claimant (Lowells). Sorry to be a pain just panicking again.... Mollie

Hello Many thanks for your responses it really is so greatly appreciated. Here is the CCJ Claim Form information as requested: Name of the Claimant = Lowell Portfolio 1 Ltd Date of issue – 27th May 2015 What is the claim for – the reason they have issued the claim? The Claimant’s Claim is for the sum of £1620 being monies due from the Defendant to the Claimant under Financial agreement regulated by the Consumer Credit Act 1974 between the Defendant and Lloyds Bank PLC under account reference………….and assigned to the Claimant on 30-6-14 notice of which has been given to the Defendant. The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per annum (a daily rate of 0.30 from the date of assignment of the agreement to 23-5-15 being an amount of £99 What is the value of the claim? = £1620 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? – It was 2006 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. – Not issued by Lloyds but Lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? Found a letter from Lloyds and one from Lowell dated 8-7-14 stating assigned to Lowell on the 24-6-14 which is not the same date as appears on the CCJ Claim Form. Did you receive a Default Notice from the original creditor? Yes, dated 2010. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No I cannot see any that say that. Why did you cease payments? – I became more ill, he lost his job. What was the date of your last payment? July 2010 ? Was there a dispute with the original creditor that remains unresolved? Husband queried excessive charges all of the time but only verbally. Did you communicate any financial problems to the original creditor and make any attempt to enter into a plan? Yes in 2010 offered £10 per month which was finally accepted in 2011 for three months. Unfortunately I was rushed into Hospital again and he let it slip after the three months. Please let me know if you need any more information and any advice you can give will be truly appreciated. Mollie

Hello The top reads Claim Form in the County Court Business Centre, claim number and issue date. (I will type up more info to post) As I said he knows he owes them money but my concern is if we complete section N9A will that prohibit him from claiming back any monies that might be owed to him in regard to excessive charges? Many thanks Mollie

I would be so grateful if I could get some advice please as to how to proceed. I have been through the forums and managed to totally confuse myself now and am panicking over what we should do. A CCJ claim form arrived for my Husband in regard to a Lloyds CC debt dating back to 2010. The original debt was for £1250.19 and has now increased to £1619.82. He knows he owes them money. They might owe him money to in regard to the charges piled onto this cc account including a monthly cc insurance protection fee. The question is how to proceed and after reading through some of the threads I am not at all sure now. If he completes N9A does that mean that he would have no recourse to claim back any monies owed to him? Sorry if I am rambling but I have managed to get myself into a right state over this. I have a long term illness and he looks after me I want to help him as much as I can.

Me again.......after some advice and a nudge in the right direction I have discovered that the bailiff's certificate has run out, due to be renewed in a while but currently expired. Can anybody give me some advice about what to do from here ? Sorry if that is a really stupid question but this whole business has really got to me, scared me to be honest. Mollie

Well, my Husband today asked to see the Store Manager to discuss an appeal. He was told nothing to appeal as nothing had been done even though he has the notes from the disciplinary meeting where it states he has been given and I quote an oral warning. My Husband reiterated yet again that his sickness was unbroken and continous and was told that the system would be updated accordingly. As I mentioned before it has been a pretty bumpy ride for my Husband in this job and we have kept notes of everything that has happened to him, including this fiasco, never know when we will need them in the future. I also just wanted to say a very big thank you to Ell-enn who has been such a great help !! Thank You !!! Mollie

Hi Ell-enn Thank you for such a quick response. Yes he is going to appeal, the problem is that he has already had problems with them in the past when he told them he would be taking out a grievance procedure against them and things have gone from bad to worse since then. I thought I was going crazy when I read the notes from his meeting, English is not my Husbands first language but he speaks it very well. I get the impression that they play on this rather when it suits them. Everytime he tried to explain to them that the illness was continuous even though it related to two seperate things they just slapped him down and said it still counts as two. He made it clear that he was not happy with the outcome and told them he intends to take it further. Mollie

Hello I will try to make this brief and I hope that somebody out there can give me some advice with regard to this matter. My Husband incurred a pulled muscle at work, he could not move the GP signed him off (first 7 days self certification followed by GP's certificate) he was due to go into Hospital at this time for an operation and did so, he was given certificates again by the Hospital and his GP. The sickness period lasted 5 1/2 weeks in total. He has also been ill earlier on in the year, the outcome of that being the operation. When he returned to work he was informed that he would have to attend a disciplinary meeting because of his sickness level. They calculate that he has been off 3 times in 6 months when in fact it is only 2. They allocated his holiday entitlement for him at the beginning of the year and initially said that during his sickness he had allocated holiday of 1 week making this sickness 2. He queried this and was given his Holiday back BUT they still claim this illness counts as 2 and have on the back of that given him a verbal warning. Can they do that ? I should say that he has experienced nothing but problems since joining this company and this final thing has really got to him. It is and has really stressed him out. Any help would be greatly appreciated Mollie

Hi Again Sorry John should have put that in the first post, the bailiffs are called Davies Enforcement and the local authority is Southwark. Tomtubby I have sent the information in a private message as requested. Mollie

Hello Again Much calmer now.....my husband managed to get the money together and pay so now the fight begins to try and claw back some of the fees that they have charged..... Mollie

My Husband was left a letter yesterday from a bailiff with regard to an unpaid PCN. He had agreed a repayment plan with them over the telephone a couple of months ago but unfortunately I was taken ill and rushed into Hospital and then he was ill himself and has also been in Hospital. It was totally overlooked, stupid I know. My illness is ongoing. The letter from the Bailiff states that the total due after attending yesterday is now £394.94 the original debt being £150, it also states that should he have to attend again it will increase to a minimum of £633.47....... I should explain that the property in which we live is rented and the lease is in my name alone and not my Husbands, also all of the property inside it belongs to me..... I called the Bailiff myself and apologised and explained the above but he just kept saying about the money, then I asked for a breakdown of his fees and he told me to call his office and put the phone down. I called his office and spoke to a very nice lady who explained that she could not help me and that I should seek advice, I asked her for a breakdown of the high fees and she told me I had to write in for that..... I am so worried and do not know what to do, can the bailiff take my things ? I have a car through the motability disabled scheme, it is mine, he cannot take that can he ? Sorry if my thread is rambling I am just so upset by all of this and I really would appreciate any help or advice that you can give me.... Mollie Millie