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    • The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? LOWELL PORTFOLIO I LTD   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 25 AUG 2020   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. 1) The defendant entered into an agreement with Vodafone under account reference xxxxxxxxx ("the Agreement"). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 31/07/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £595.63 remains due and outstanding. And the Claimant claims a) The said sum of £595.63 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.131, but limited to one year, being £47.65 c) Costs   What is the total value of the claim? £773.28   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a "Notice of Claim Issue" letter after the "Claim Form".    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No.   Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, mobile phone account.   When did you enter into the original agreement before or after April 2007 ? After April 2007.   Do you recall how you entered into the agreement...On line /In branch/By post ? Online or phone.   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I don't think so, I don't have a CCJ, but I will check.   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. Account assigned to Debt purchaser.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I don't remember the notice of assignment, I will have to search through all my scans.   Did you receive a Default Notice from the original creditor? I think so.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I think so, I scanned all the letters, I think different companies have sent me letters, I will check.   Why did you cease payments? Never used the contract, plus financial trouble.   What was the date of your last payment? No monthly payment made just a upfront fee I think.   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 plan? No.     What you need to do now.   Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement
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SCM Lloyds Court summons help!


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Really hope someone can advise me on this.

I have received a court summons and I am not sure what to do.

I have checked the default notice, have a copy of the agreement, all look correct.

What I am trying to do is avoid a CCJ.

As most will know Lloyds are one of the worst creditors to deal with, my brief history:

Sent a letter requested interest to be froze and make lower payments. Recieved a letter refusing this as apparatley I could not afford what I offered. This was down to complicated income and expenditure, the system did not have the right boxes! However phoned them and tried to explain, but they could not understand, eventually during the same phone call, agreed a payment £10 higher than the refused offer. This was for 6 months.

After 6 months phoned for the review, told I needed to do I&E again, did this, was then told they would agree to continue the lower payments as long as I guaranteed to pay the full payments at the end of 6 months. I pointed out that I could not possibly agree to this as I had no idea what my financial position would be in 6 months time.

I do want to pay them, but they would not agree. I am not sure if I can defend the court summons on the basis that an offer of payment was made, and is still available. If someone could advise as to weather it is worth trying to defend, that would be great.

 

Many thanks, please excuse my bad spelling!!

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In all honesty Jake, I don't think you can defend it on that basis, i'm really sorry to say. If it was me in your situation, then a CPR31.14 might be a good start (send recorded to the opposing solicitors) it has to be in line with the particulars of the claim. Was there any PPI on the debt at all ? When I mention the CPR31.14 take a look here, and make sure you stick to all the timelines as well - http://www.consumeractiongroup.co.uk/forum/showthread.php?159445

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Thank you for such a quick reply. No PPi.

Am I right in thinking the CPR is for copies of the default notice and demand for full payment as listed on the court summons? As I already have the copies sent to me. But to be honest I am not sure I have this right about the CPR.

Many thanks again.

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Hi Jake,

 

As 42man has stated, have you had any penalty charges added to the account, you can claim these back with contractual interest, these could add upto quite a bit. You can claim them back over the last 6 years plus. Also any PPI thats been mis-sold can be claimed back wiith contractual interest. That is the way to go, all templates and spreadsheets can be found in the library on this site. If you haven't got statements send a SAR request with a postal order for £10, they will send all statements for at least the last 6 years. It's your money and you want it back.

 

http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates

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