Ok, thanks again.

Thanks Andy, so does that mean I'm going to get the whole Carter thing aswell ?

But this morning I received another letter giving me 7 days to pay or it will be passed on etc.etc.

I thought they had to do that in a specific timeframe.

So does this mean the whole thing starts all over again ?

Happy new year to all.

I have just received a load of bank statements and my £1 back from Lowells, the statements have my ex partners name on them and my name appears in the address only. I thought this was all over and done with, can they drag it all up again 5 months after discontinuing ? Any help on what to do next would be appreciated.

I have finally received a Notice of Discontinuance from Carter, thank you all for your help. I didn't always post but I read all the threads and took your advice. I assume that this means it's all over or is there anything else I need to do?

Thanks again Andy

Hi again, just received form N180, do I send a copy to Carter and Lowells ? also, should I tick the mediation box.

Cheers Andy,

What about Lowells ? isn't it a legal requirement that they send the requested documents on receipt of my £1 ?

I have still not heard from Lowells even though I sent my £1, is this a good thing ?

I received a letter from the court saying Carter is going ahead and a letter "Without Prejudice" from Carter asking me to agree a payment shcedule, should I just ignore it ?

Thanks Andy, defence edited and submitted. So now we wait. What normally happens now?

Just found this defence how does it look?

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. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

3. I am unaware of any legal assignment the claimant refers to within its particulars. I have no knowledge of who the claimant is nor ever been approached since the alleged assignment up until receipt if this claim.

On receipt of this claim I requested information pertaining to this claim from Brian Carter and Lowell's by way of a CPR 31.14 and a section 78 request. Brian Carters response was that they won’t comply and that it’s based on a simple contract which I should have in possession

Therefore with the courts permission the Claimant is put to strict proof to:

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

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

© show how the agreement was legally terminated to allow the claimant relief.

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

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

5. 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.

6. 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.

Still nothing from Lowells and I am pretty sure my defence has to be lodged on Wednesday (9th April), any suggestions on my defence ?

Lloyds are out of the picture now Lowell own the accounts so the original entry has been removed.

Thanks for that BRIGADIER, so what do I do now, just wait?

Lowell will have just updated the CRA files from on the date they acquired the debt, which will have been sold in a large portfolio of debts and they gradually come to the top of the pile.

I don't understand why nothing on the CRA from LLoyds

Letter back from Carters today, standard template by the look of it, they don't have the docs, allocated to small claims court, refer to your own records, independent legal advice etc etc.

Nothing from Lowells yet.

I've just checked my credit rating and there is nothing on it from Lloyds, just Lowells is this normal? Lowells entered a default in March 2010 but I didn't hear from them until 2013, sorry I'm rambling.

Having looked at other threads I guess I just wait now, is this correct?

Acknowledgement sent to the court last week,

CCA1974 request going today

CPR31.14 going to solicitor today

Do I actually have a defence ? I have never received a Notice of Assignment, Lloyds havn't been in touch in any way for the past 5+ years, to be honest I'm starting to get a little bit worried.

Ok get the Acknowledgment of Service sent in and state you will be defending.

 

 

Defaulted May 2008 means this could be statute barred May 23rd this year IF no payment or unequivocal written acknowledgment has been made since the default was placed.

 

 

I would suggest phoning Lloyds to see if they can tell you if any payments were made or any written acknowledgment was made by your ex.

 

 

If it is SB it's a complete defence.

Acknowledgement sent to the court today

Did I get the statement re name removal in writing?. I was told at the time it would be confirmed but it never was and stupidly I didn't folow it up.

As for defence I really haven't got a clue at the moment.

Issue Date: 07 Mar 2014

Reason: old Lloyds Debt

Value: £893.58

Current Account

Date Entered: The account must have been opened mid 2007 (not 100% sure)

The Claimant is Lowell Portfolio

I have never received a notice of assignment

Default notice from Lloyds 23rd May 2008

No "Notice of Default sums" ever received

It was a joint account with an ex partner which was in credit when the relationship ended

No dispute

No attempt to enter into a debt management plan (I was told by Lloyds that my name had been removed from the debt)

So do I send the court papers back saying I intend to defend and the defence part or just the acknowledgment at this stage?

Thanks for your replies, I foolishly left the paperwork at work, I will answer tomorrow

Hi all, hoping you can help this newbie with a debt problem.

In April 2008 I received a default notice from Lloyds relating to an overdraft on a joint current account I held with an ex partner,

as it had been 18 months since the split

I phoned Lloyds explaining that I had nothing to do with the debt (£700)

and the account was in credit when I left.

After a visit to my local branch and a chat with a very helpful lady it was proved that I hadn't used the account for 18 months

and I was told my name would be removed from the debt and they would chase my ex,

I have heard nothing from Lloyds since.

Imagine my surprise when in October 2013 I received a letter from Lowells demanding repayment then phone calls,

none of which I answered,

then Fredrickson then Bryan Carter and

now a claim form from County Court bulk centre in Northampton (yesterday).

The only contact I have had with any of these companies is a letter I sent to Fredrickson

stating I had no knowledge of this debt, the reply was a load of gobbledegook about a "Notice of assignment" which I have never received.

I am not sure what the next step is, maybe someone here can help ?