Lowell/carter claimform - old LLOyds OD 'debt'

[RhYnoECfnW]

Haven't been in contact with them for a while,

 

 

have been ignoring the letters from the various different debt collection agencies for some time.

 

 

It was only yesterdays letter (from Bryan Carter) that I'm responding to

 

 

(asking Lowell to put the account on hold and sending a SAR to Lloyds).

[dx100uk]

wont make any odds really to write to farter or lowlife

they wont take any notice.

 

 

pers get that sar running ASAP

 

 

then you'll have the info to use against them.

 

 

dx

[RhYnoECfnW]

Not heard back from Lloyds after sending the SAR, nor did I hear back from Lowell about putting the account on hold. Today I've just received a Claim Form. Assuming that I won't hear back from Lloyds for a while, do I now have no choice but to pay up (in instalments, there's no way I can afford the full amount in one go)?

[AndyOrch]

If you could read the following and then post your responses here to enable the best advice on dealing with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Regards

 

Andy

[RhYnoECfnW]

Name of the Claimant: Lowell Portfolio Ltd

 

Date of issue: 23 June 2015

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = 25 July 2015

What is the claim for – the reason they have issued the claim?

 

The claimants claim is for the sum of 2125, 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 X and assigned to the claimant on 03/07/2013, notice of which has been given to the defendant.

 

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

 

And the claimant claims 2125

. 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 170.

 

What is the value of the claim? Total amount after interest, court fee and solicitor's costs - 2479

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft

When did you enter into the original agreement before or after 2007? Before

 

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. Claimed by Lowell, not Lloyds

 

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

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes

 

Why did you cease payments? Had other debts to pay, and as this one is made up of bank charges I didn't feel it was fair to pay them back

 

What was the date of your last payment? Some time in 2011 I think

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Yes

[AndyOrch]

Excellent....ok as you will see from the link provided you have 33 days in total (if defending )....If you wish to try to avoid a CCJ then there is no other option but to defend in full.

 

Register to use the MCOL and then you can respond on line.First task is to acknowledge service...this must be done by day 19 from 23 June (23rd being day 1)

 

Next you need to read the following link and send to the claimants solicitor....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Regards

 

Andy

[RhYnoECfnW]

Ok thanks,

just wondering (and please bear in mind that I know little to nothing about this sort of thing) as I am contesting the claim,

 

I have no actual 'proof' of their bank charges.

 

As I have said all along on this thread, I am 99% sure the debt is made up entirely of charges, if not the whole debt then almost all of it.

 

However, as I never heard back from Lloyds,

 

how can I prove this without copies of my statements?

[SabreSheep]

Full subject access request

 

42 days for that so deadlines are going to be tight

[AndyOrch]

Ok thanks, just wondering (and please bear in mind that I know little to nothing about this sort of thing) as I am contesting the claim, I have no actual 'proof' of their bank charges. As I have said all along on this thread, I am 99% sure the debt is made up entirely of charges, if not the whole debt then almost all of it. However, as I never heard back from Lloyds, how can I prove this without copies of my statements?

 

You dont need statements at this stage or proof......the claimant does not even know what the debt is (look at their particulars...haven't a clue its an overdraft)...just defend all...submit a holding defence...and they usually discontinue the claim.....(once they know what they have purchased and trying to claim)

[RhYnoECfnW]

Ok thanks again. So, just to be clear, I should complete the acknowledgement of service, as well as the defence forms? Can I do both of those at MCOL? And then I also need to send the letter that you linked to Bryan Carter Solicitors?

[AndyOrch]

Your defence is later (28 days after the date of the claim)...yes all can be done on MCOL...yes send the CPR 31.14 request.

[dx100uk]

just ack the claim on the MCOL website

defend all

leave juris unticked

thats all you need to do for now

bar the CPR andy linked too

 

 

dx

[RhYnoECfnW]

Thank you. You've all been so helpful here. Really don't know what I would have done without this site. I'm just writing out the CPR 31.14, and where it says 'case number', is that the same thing at the claim number on the Claim Form?

[dx100uk]

Yes

 

Go read a few like threads too

 

DX

[RhYnoECfnW]

Have received a reply from Bryan Carter today.

 

"We write further to your letter requesting disclosure under Part 31.14 of the Civil Procedure Rules.

 

We confirm the Claim Form was issued by the Northampton County Court Business Centre and that the Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by the Court.

 

We confirm this matter will most properly be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedure Rules will therefore not apply.

 

It is our understanding that it is policy of the original creditor to issue agreements at the point of contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

 

We confirm our client is not agreeable to an extension for filing your defence. We confirm we are in receipt of your acknowledgement of service.

 

We confirm documents will be provided in accordance to the Courts directions.

 

A Claim was issued in this matter on 23 June 2015. Please respond to the Claim using the Response Pack provided by the Court. You should also comply with the deadlines outlined by the Court in order to avoid a default judgment being entered against you."

[AndyOrch]

His standard response...nothing new ...read other similar threads.

[RhYnoECfnW]

Thanks, have been reading a few threads on here and other forums. Not 100% sure what I need to do next though.

[AndyOrch]

Thanks, have been reading a few threads on here and other forums. Not 100% sure what I need to do next though.

 

Start reading other threads and make a start on your defence?

[dx100uk]

http://www.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=lowell/carter+OD+debt&sa=Search+CAG#gsc.tab=0&gsc.q=lowell%2Fcarter%20OD%20debt&gsc.page=1

[RhYnoECfnW]

Ok thanks. Should I not bother writing back to Bryan Carter? I've seen on other threads a template letter regarding disagreeing with them, and that I cannot prepare my defence without more information regarding their claim. I've also seen posts claiming this letter is pointless and won't make a difference.

[AndyOrch]

Ok thanks. Should I not bother writing back to Bryan Carter? I've seen on other threads a template letter regarding disagreeing with them, and that I cannot prepare my defence without more information regarding their claim. I've also seen posts claiming this letter is pointless and won't make a difference.

 

I hope you have not seen them on this forum.

[RhYnoECfnW]

http://www.consumeractiongroup.co.uk/forum/showthread.php?414122-Lowell-BW-claim-form-old-Lloyds-Tsb-current-joint-account/page2

 

 

Someone mentioned the template letter here, in which you advised them not to bother.

 

 

So should I just ignore Bryan Carter for now, wait for Lloyds to get back to me after my SAR, and start preparing defence?

[AndyOrch]

You always ignore BC...thats a given:-)

[RhYnoECfnW]

About to start with my defence, and I'm wondering does it have to be written in legalese or can I write it in 'plain' English?

[dx100uk]

you've already read several threads with the holding / no paperwork defence in it.

 

 

dx