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pablo23

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About pablo23

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  1. Thanks Jon/DX. I'll go with that. I've not seen the pre action docs but I'll have a good read now!
  2. I didn't think that was relevant because either way Halifax does fall under the Lloyd banking group, as well as the letters they've sent confirming it's a Halifax current account, which will only materialise in court should it reach that point. If it's best to defend strictly to the POC wording - I can go with my initial: 1. The Defendant is unaware of any financial dealings directly with Lloyds Banking Group PLC
  3. Hi Guys - Sorry to pester, I will be submitting the above defence shortly. I just wanted to ask a quick question regarding their response to the 31.14 rquest; They mention they have requested statments and a copy of the default notice - until they receieve a response, my account is on hold. Do I still submit this defence regardless of the account being on hold?
  4. Thanks DX - I think I've made the second suggestion work. Defense 2.0 - If you could have a quick glance, let me know if I've done anything stupid. *********************************** POC: Debt assigned on xx/06/15 by Lloyds Banking Group PLC and the Claiment claims. 1. 2xxx.xx 2. Statutory interest pursuant to section 69 of the County Courts Act (11984) at a rate 8.000% per anum from xx/06/15 to xx/12/17 2xx.50, and thereafter at a daily rate of 0.62 to date of judgement or sooner payment Ref: xxxxxxxxxx Defense The Defendant contends that the particulars of the 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. 1. It is admitted with regards to the Defendant once having had banking facilities with a subsidiary creditor of the Lloyds Banking Group. It is denied that I am indebted for any alleged balance claimed. 2. 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 crediticon Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 3. 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 also put to strict proof to:-. (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. © Provide a breakdown of their excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 4. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. 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. *************************** Point 1 - reworded slightly to admit banking facilities with a "subsidiary creditor of the Lloyds banking group" Point 1 - It is denied that I am indebted for any alleged balance claimed. - I assume with this statement I'm denying anything unproven Point 3 - The cliament has yet to provide a copy of the NOA - they've provided one, but not from the original creditor - I assume this is what Jon was saying, and this point is still relevant. Thank you!
  5. First attempt, pulling / adjusting from multiple sources. Because of the vague POC, it is mostly generic. From what I’ve read, I am only defending the POC in the claim form – although it’s been narrowed down to a Halifax overdraft – the POC clearly states “Lloyds banking group”, making my response in P.1, I feel, still accurate. But there might be a better way to word this.…. If you can have a quick look for me – I would appreciate any feedback – be as harsh as you want! POC: Debt assigned on xx/06/15 by Lloyds Banking Group PLC and the Claiment claims. 1. 2xxx.xx 2. Statutory interest pursuant to section 69 of the County Courts Act (11984) at a rate 8.000% per anum from xx/06/15 to xx/12/17 2xx.50, and thereafter at a daily rate of 0.62 to date of judgement or sooner payment Ref: xxxxxxxxxx *********************************** Defence 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. 1. The Defendant is unaware of any financial dealings directly with Lloyds Banking Group PLC 2. The Defendant made a written request to the claimants on XX December 2017 requesting inspection of documents relating to the claim, under the Civil Procedure Rules section 31.14, including the agreement, default notice and notice of assignment. 3. The claimant has not complied with this request. The defendant feels that it is impossible to defend against a claim when there is no information with which to construct a proper defence, nor indeed, admission. 4. The particulars of claim state that the "debt was assigned on XX/06/15 by Lloyds banking group PLC". The Defendant has not received any notification of this assignment. 5. The Claimant has failed to detail how the sum claimed has accrued and is considered due. 6. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. 7. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed. ************************************
  6. Hi All, and Happy New Year! Back again with an update! Lowell solicitors sent me two letters in response to my CPR Request. I've attached the letters, but here's a quick brief: Letter 1 Lowells Reference Number: xxxxxxx Claim Number: xxxxxxx Original Company Name: Lloyds Banking Group Original Account Number: xxxxxx (which is the 11 digit number that doesn't appear to reference a bank account or sort!) Current Balance: xxxxxxx Acknowledgement of service has been noted on the account The above referenced matter is in relation to a former halifax current account in 2008 last payment received by the original creditor on xx xxx 2012 for the amount of 1500 due to the nature of the former agreement, it is not regulated by the consumer credit 1974, not required to retain a copy etc We confirm however that we have requested statements and a copy of the default notice, and when a response is received we shall contact you. The account will remain on hold until such time. Letter 2 - Dated 2015 - Notice of debt transfer to Lowell Formal notice that your outstanding account with Halifax, a division of bank of Scotland, was sold and assigned to Lowell June 2015 Details of account is listed on the right details are the same reference, account number, With the amount being approx £400 less (court fees etc have been added since) So that's what we have. What do you guys recommend from this point on? I'll so some research now, but any advice would be great! My primary goal here is to avoid the CCJ but the one thing I can't do at this point is pay the full cost up front. Does it sound like they have enough evidence to pursue the claim? I'm not apposed to settling outside of court with a payment plan if this was an option (although I here this can be difficult at this stage) If I've got my dates right, I have until next Wednesday (17th) to submit a defence, but will likely action something before the end of this week. Again your help is really appreciated, than you muchly!
  7. I've sent the CPR this morning, recorded delivery, arrival for tomorrow. I'll keep this post updated as it progresses. Thanks for all your help so far - really appreciate your prompt responses - donation en-route!
  8. Ref PM'd. Nope, England. The Lloyds Banking Group, which is stated in the claim form - the sum is the exact match for default on a Halifax current account in the credit reference agency. All the dates add up to this being the same account.
  9. There's an 11 digit reference number, but no account number - unless the reference number is an account number of some sort... The POC states LLoyds Banking Group, but the account was with Halifax, so chances are this won't have much effect on anything (as they are part of the Lloyds group)
  10. Thanks Dx, already done the MCOL - I'll print the CPR 31:14 as is, and send out first thing tomorrow. This is the whole thing word for word Particulars of Claim Author Document Debt Assigned on XX/06/15 by Lloyds Banking Group PLC and the Claimant claims 1. 3000.00 2. Statutory interest pursuant to Section 69 of the County Courts Act (1984) at a rate of 8.000% per anum from XX/06/15 to XX/12/17 XXX.XX, and thereafter at a daily rate of X.XX to date of judgement or sooner payment. Ref: xxxxxxxxxxx
  11. Exactly! I'm not sure if it's a good thing or bad thing at this point...
  12. Hi fkofilee - I'm guessing that's a letter issued before the claim is issued, in which case, I haven't received.
  13. Name of the Claimant ? Lowell Portfolio I LTD Date of issue – 18/12/2017 What is the claim for – Particulars of Claim: Author Document Debt assigned on XX/06/15 by Lloyds Banking Group, and the claimant claims: 1. 3000 2. Statutory interest pursuant to section 69 of the county courts act (1984) at a rate of 8.000%...... etc Ref: xxxxxxxxxxxxx What is the value of the claim? 3000 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Bank/ Overdraft - however, I'm not sure they know that. When did you enter into the original agreement before or after 2007? After (2008) 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 - Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Possibly Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Employment Issues causing financial difficulties What was the date of your last payment? 04/2012 (approx 3 months before the default) 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 planicon? No
  14. Hi All, Thank's for taking the time to read this. I know there's tons of information out there regarding such matters - and after much research, I think have a pretty good grasp of what needs to follow, but I'd really appreciate your advise or any input you have! The low down: 2012, low point in my life, lots of debt (I know, I've had my spanking). I have a perfect history for over 5 years now - so it's essential I avoid a CCJ at any cost! The debt was a current account / overdraft. It was defaulted in late 2012, on my credit report, it's showing settled with the bank in mid 2015, and the debt now falls under a new section under the name Lowell, with a default status as the same 2012 date. I have not made any contact, nor payments before the default was even issued. Ok, so first of all the claim form: ------------------------------------------------ Name of Claimant: Lowell Portfolio Date of Issue: 18/12/2017 Address for Sending Docs & payments: Lowell Solicitors PO Box Particulars of Claim: Author Document Debt assigned on XX/XX/15 by XXXXXXX Banking Group, and the claimant claims: 1. XXXX 2. Statutory interest pursuant to section 69 of the county courts act (1984) at a rate of 8.000%...... etc Ref: xxxxxxxxxxxxx ------------------------------------------------------------- I've purposely masked dates and figures, but if I've gone too far, let me know, and I'll fill in some of the blanks. Point 1 - is just a single figure, of lets say 3500. Point 2, Mentions the "banking group", but not the actual bank I was with, which is under a completely different name. That's it, nothing more. As you can see, they have been incredibly vague with the POC - this makes me think they know very little about the debt, and it's just a long shot on their part. Ok, so - generally, my plan of action is: 1) Sign into MCO and acknowledge (DONE) 2) Send A CPR 31.14,current account version (I'm not sure they even know it's a current account!) to Lowell solicitors PO Box 3) With the information I receive back - write up a defence. 4) If nothing is received back - Write up my defence, which will include failure to provide info specific to CPR and argue their claim is far too vague. I'm having trouble with the 31.14 - as in examples, you request the documents that are relevant / specified in the POC. But there's no mention of any, no agreements, letters, warning, default notices etc etc - it's so vague, I'm not exactly sure what I should be asking for! I would be so grateful for any advice/input on this! I also apologise as this turned into more waffle than I anticipated! Thank you! P
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