Have spoken to the court and they've confirmed its all been discontinued.

Last question - is that really it?! It's statue barred, discontinued in court, not on my credit file - will Lowell etc stop trying to pursue now?

Thanks again to all - the advice on this forum has been fantastic and proven yet again that you can overcome the usual DCA tactics and bullying. I'll be making a donation to CAG as a way of thanks!

check with the court in a few more days

NEVER trust carter

 

 

though its his typical MO to Disc.

 

 

dx

Aye, from reading a few others it seems he does send these. Will the Court update MCOL also?

After a few quiet months from BC, a few calls to the Court to see if they had any updates from BC, I've today come home to a letter from BC.

Nervously opened it, it's a Notice of discontinuance.

Does this mean it's actually over and finished with??

I think I owe everyone on here, specifically DX and Andyorch, a huge thank you.

Finally heard something on this.

Since last update I've filed the questionnaire, and have been given notice it's transferred to local court.

Today received notice of court date (late January 2016 - seems a long way away!?)

Also attached to the notice is an instruction to Lowell/Carter which reads;

Upon the court noticing this appears to be a consumer credit act claim but that it does not comply with PD7B paragraph 7.2 IT IS ORDERED THAT the claimant must amend the particulars of claim so that they comply with PD7B (by DATE) and file and serve them accordingly or explain why PD 7B does not apply

Thx

OK - Thanks DX.

Yes have read a lot, some of them get what I believe you have referred to as a "standard begging letter before discontinuation" - was half expecting that.

Will keep the thread updated with replies and outcomes etc.

OK - so got the Notice of Proposed Allocation to small claims today - odd, because I expected another template from Carter before this came. Looks like they've just said "Yes we want to proceed" to the Courts.

Form looks like I just need to: agree yes it can go small claims track, yes to mediation and put my local court in? Assume this goes to both court and Carter but not Lowell?

All submitted.

Will await the inevitable templated response from Carters and keep this thread updated.

Thanks again for help and advice thus far.

No you dont...its only here for reference as to check what you are replying to.

 

Noted - thanks, Andy!

 

Will get this off tomorrow lunch time on MCOL.

Thanks Andy.

Amendments made.

Final question for now...do I list the POC's above the defence when I submit tomorrow on MCOL? Assume as much so it's clear what's being referenced but don't want to do it wrong.

OK, so defence being submitted tomorrow. Have put this together based on other threads. If anyone could have a quick review that would be greatly appreciated as always.

The only query I have is Para 2 - I have had contact from Lowells - is this an issue?

Particulars of Claim

1.The claimants claim is for the sum of just over £900 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974 between the defendant and Lloyds under account reference XXXXXX.

2 And assigned to the claimant on 03/07/2013 notice of which has been given to the defendant.

3.The defendant failed to maintain contractual payment under the terms of the agreement and a default notice has been served which has not been complied with.

And the claimant claims £900

4.The claimant also claims statutory interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year and a maximum of 1000 amounting to £75

DEFENCE

1. The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted. I have had financial dealings with Lloyds in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them. The Claimant has never made any contact apart from the issuing of this claim.

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment.

4. Paragraph 3 is denied as the claimant has not complied with Section III & IV and annex B of the PD Pre Action Conduct as stated above they have never made any contact or request prior to the issuing of this claim. They have even failed to serve a letter before action before issuing proceedings. They dont plea they have...remove all this

On receipt of the claim form the Defendant sent a CPR 31.14 request dated 20/07/2015 for a copy of the overdraft facility agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim.

This was signed for by the claimant on 21/07/2015 and finally acknowledged in writing 28/07/20153. However, the claimant has yet to comply.

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

Therefore 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 Notice served under Sections 76(1) and 98(1) of the CCA1974

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

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

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.

Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA 1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974.

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.

tues 11th by 4pm

Thanks. Already in the calendar.

Thanks again for help thus far, really appreciate it.

Thanks again DX.

Bit heavy for this time of night but think I understand the main points.

Next steps will be no paperwork/holding defence. Will draft that up in the next few days and post here - assume you don't mind checking - and then submit on my 33rd.

Thanks.

Ok thanks Andyorch.

Ok. Have seen that - dug a little deeper again.

Note a few of them have done a CCA1974 request to Lowells, I haven't. Should I?

Assume next step is to prepare an embarrassed defence stating docs haven't been returned?

So, finally have a reply from BC.

Thoughts on this? Doesn't seem like they want to share anything at all...

[ATTACH=CONFIG]58706[/ATTACH]

(Link here incase that's too small - https://drive.google.com/open?id=0B2lhCUuz3NlPaFNOa2ZrQWM3dVk)

Yes, have now ack'd the claim under AOS.

Threads read, process a little clearer now.

CPR 31.14 being sent tomorrow, just printed it off.

Thanks

post 18 links will have it

but its NOT a template

it will need matching to their POC

on the claimform

 

 

I bet if you look at the links I posted

the POC's there and yours will be the same?

so will be sort of the same defence:wink:

 

but you.ve got weeks to run before filling it mind

 

dx

Sorry, I looked through the process for Defending the claim and it asked for a defense, realised now that I need to fill the AOS forms in on MCOL.

Have looked through the links and see what you mean - I can't defend it yet can I.

Thanks dx!

Thanks for your help so far.

Have signed up to MCOL. Have had a look through the "Start defense" section.

Is there anything specific I should put in my defense, I couldn't see any templates so not really sure? Also, couldn't see the juris option to tick/untick?

Thanks

Thanks. Appreciate the help. I'll get the claim acknowledged and the letter sent off.

One bit I can't work out is if the claim goes ahead is that a definite CCJ that will go on my file or will they just order a repayment plan which could then lead to a CCJ if not kept up?

Thanks

ok go ack the claim on mcol

defend all

leave juris unticked

 

 

get the current account CPR 31:14

off and running to carter.

legal section of the library

 

 

dx

OK, thanks dx.

Have skimmed the 31:14 and think I understand it.

What happens after this is sent?

Would you be able to give me a brief "if they have everything"

and "if they have nothing" scenario, please?

Thanks in advance.

Name of the Claimant ? Lowell Portfolio I Limited

Date of issue – 10th July 2015

What is the claim for –

1.The claimants claim is for the sum of £900 being monies due from the defendant

to the claimant under an agreement regulated by the consumer credit act 1974

between the defendant and Lloyds under account reference XXXXXX and assigned to the claimant on 03/07/2013

notice of which has been given to the defendant.

2.The defendant failed to maintain contractual payment under the terms of the agreement

and a default noticed has been served which has not been complied with.

3. And the claimant claims £900

The claimant also claims statutory interest pursuant to S.69 of the county act 1984

at a rate of 8% per annum from the date of assignment of the agreement to date

but limited to a maximum of one year and a maximum of 1000 amounting to £75

What is the value of the claim? £1169

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? Added

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 Opened 02/2007

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. Lowells debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Aware assigned to Lowell but only after phone calls. Original assignment note sent to address from 10 years ago.

Did you receive a Default Notice from the original creditor?

Probably sent, never received, moved address, didn't update account as I didn't use it.

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

Why did you cease payments:- Didn't use the account, left it at ~£0.00 balance, moved house, didn't update DD's, DD's recurred and charges incurred to full amount.

Was there a dispute with the original creditor that remains unresolved? No,

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management no

....................

Thanks,

Yes, SAR done. Have got statements in hand.

Haven't acknowledged the claim on MCOL.

No.

Hello,

In December last year I received a notice from Bryan Carter Solicitors that they intended to issue a court claim. I wrote back, and said "is this letter real, can you supply xyz" - they wrote back, stated that nothing had been officially done yet and they were seeking advice from their client. Then, nothing.

About two weeks ago I received the same "letter of claim" so sent the same letter back asking if it was a real claim and if they could supply the items I need.

Have since received a letter from Bryan Carter listing the items I need, and also a Claim form from the County Court Business Centre.

At a bit of a loss here now.

Bryan Carter have replied to my letter stating (abridged version here);

• They've been instructed by their client
  
• They can confirm the Claim Form was issued by the CCBC and that protocol was followed
  
• They believe their client has complied with pre-action protocol so far
  
• Have enclosed a statement of the account for reference and taking further instructions from their client in regard to this
  
• Are willing to enter into "without prejudice" negotiations to settle this matter by way of Tomlin Order
  

Any help or advice would be great. The claim is for just over £1k inclusive of charges, it is my account which I thought I'd left dormant many years ago, but a DD was attached to it still so it's ran up charges - I only had a £250 overdraft limit on it, and the remaining balance of £700 of so is made up of charges.

Also worth pointing out that the date of default on this is listed as 19th October 2009.

Hope someone can help, slightly lost and worried.

Thanks

Hi again,

 

Have sent the SAR to Lloyds, and a marginally nicely worded letter to Lowell after another bout of calls.

 

Quick question, if it is all penalty charges and interest (highly likely) then where do I stand? Am I liable to pay that? Or should I be starting another process against Lloyds??

 

Thanks in advance.

Have now received a letter from RED stating they're going to access me for repayment and look into CCJ's and AOE. Assume I should just keep ignoring them until I get the SAR information back?

god stay off that phone to the fleecers.

 

SAR the original creditor

 

if you left it at near £0

 

then its all PENALTY charges & interest

 

they can go whistle

 

dx

Hi again,

Have sent the SAR to Lloyds, and a marginally nicely worded letter to Lowell after another bout of calls.

Quick question, if it is all penalty charges and interest (highly likely) then where do I stand? Am I liable to pay that? Or should I be starting another process against Lloyds??

Thanks in advance.

It's an old overdraft.

Limit was £250. Closing before Lowell took it was £898.

Thanks for the address.