Lloyds overdraft/Arrow claim form/carter withdrawn . next stage help please

[derek1]

Dear All

 

Having received court papers from Northampton from Bryan Carter I sent CPR 31.14 and 18 to Bryan. Today I have received a reply.

 

Part 31

 

To paraphrase - they haved followed the correct protocol and as it will be allocated to the Small claims Track then part 31 does not apply but they will nevertheless will ask for documentation from their client.

 

Part 18

 

They do not find my request reasonable (last payment details, charges, ppi) and that my request is investigitive rather than relating to the case but in the sprit (!) of disclosure the last payment made was on the 7 March 2007 for £18. I should refer to my own records for a default notice and charges.

 

So what now? Do I accept this - I do have a vague memory of this - or do they have to provide proper information? I can not afford to pay £18 a month.

 

I would appreciate your thoughts.

 

Cheers

[NailPost]

I believe they have to prove the debt exists and that you owe it so the onus lies on Carter to provide all such paperwork as is necessary. The fact they gave you such a glib answer suggests they have very little by way of proof.

[derek1]

Hi there

 

Thanks for the reply.

 

Yes that's what I think - does everyone agree?

 

I will start searching threads for a defence - does anyone know which threads are best?

 

cheers.

[spamheed]

What does the POC actually say? what is the exact wording?

 

have they or anyone else previously sent you anything by way of a copy of an agreement or an assignment of the debt?

[derek1]

Hi Spamheed

 

Thank you for your interest.

 

The wording is the same, word for word, as many posted on this site - basically failure to stick to the installment agreement yet no interest claimed - hence the CPR 18 asking for last payment details etc. Not sure if I have received proper verification of assignment but this has been passed to all the usual suspects and has ended up with Arrow and Bryan.

[derek1]

Just about to submit my defense. Do I send to the court a copy of the CPR 18 reply that Bryan sent me?

 

cheers

[IdaInFife]

Hi Derek

 

I'll move your thread to the legal issues forum for advice

[AndyOrch]

You dont attach anything to a defence.

 

Regards

 

Andy

[Bianca1]

Sorry to jump on this thread but do you not have to send proof that you have contacted and had a reply back then?

[AndyOrch]

Hi Bianca

 

The purpose of the defence is to plead...admit or deny refute or agree :-

 

(A) particulars of Case or a Defence is a statement of all the material facts on which the party relies but not the evidence by which the facts are to be proved; and

© state specifically any matter that if not stated specifically may take another party by surprise; and

(d) state specifically any relief the party claims; and

(e) if a claim or defence under the CCA is relied on – identify the specific provision under the Act. .

 

Of course you may state that you requested information vis a vis CPR and no response was furnished but proof of that request can be detailed later on in proceedings at the Witness Statement stage referring to various exhibits.

 

Regards

 

Andy

[derek1]

So ~

I have read all the relevant threads and followed their advice and sent off the defense to Northampton Court and the letters to Carter and have received as predicted the letter from Carter saying they are no longer acting on Arrow's behalf.

 

Today I received a letter from Arrow in reply to my defense which they say was submitted to the court on the 11th September.

 

They state it was an overdraft, the debt was assigned to them on 30/10/2009 and sent me notice of assignment under the Law of Property Act 1925 on the 23rd Dec 2009.

 

They state that as it was an overdraft there was no agreement so the Consumer Credit Act does not apply.

 

They state they have written to Lloyds Tsb asking for a copy of the account and will supply a copy when they have received it.

 

They have told the court of the change of solicitor - N434 dated 16th October.

 

Their letter ends by them giving me their telephone number to arrange repayment of the debt.

 

Can someone tell me the next step please?

 

Many thanks

[derek1]

Hi All

 

I have posted re this before.

 

This is for an Lloyds/TSB overdraft.

 

I sent in a defense and wrote to Bryan. Bryan wrote back re no longer their solicitors. Arrow wrote back (see my last post) saying have asked for statements from LLyods/TSB.

 

Now I have received this N149?

 

What does this mean? Will Arrow def be taking me to court even though they have not provided me with the information regarding last payments that I asked for?

 

I also notice that on their last letter they have dropped the amount back to £800 odd not the £900 they filed with the court.

 

I have til 12th Nov to file

 

Many thanks

[42man]

Here are some links for N149 AQ's - http://www.consumeractiongroup.co.uk/forum/showthread.php?159341 and this one - http://www.consumeractiongroup.co.uk/forum/showthread.php?131499

[derek1]

Many thanks. I will have to sit and read through the 1st link properly as it is over 22 pages. I have read the other link. Are the rules different that it is for an overdraft as Arrow state there was no credit agreement etc etc.

 

Thanks

[AndyOrch]

Overdrafts are exempt from the CCA1974 except for Part V Derek.You need to request a copy of the Facility Letters and a copy of the termination/recall (Notice served under Sections 76(1) and 98 (1) of the CCA1974.

 

Regards

 

Andy

[derek1]

Thank you Andy I will send off a request to Arrow tomorrow - how long do I give Arrow to get hold of the statement from Lloyds? If they do not send me the statement do I file the N124(?) - is that the right form??

 

Thanks

[AndyOrch]

You state as per your thread title you are at AQ stage ..so any CPR requests are a bit late.The N149 is for Small Claims Track and unlike the N150 Fast Track you shouldn't really draft directions...however you can state within the " Other " section anything to assist the DJ in proceeding the claim..I would state something along the lines my post above and also request statements to validify the amount claimed.

 

You must file your AQ strictly on time.

 

Regards

 

Andy

[derek1]

Many thanks - so basically I ask in the other bit for the statements and verification of payments which Bryan/Arrow still haven't sent. Once the court has the AQ does that mean they will then decide if the debt does exist and is valid? Do then they ask how I can pay the debt back?

 

Many thanks

[AndyOrch]

" Once the court has the aq does that mean they will then decide if the debt does exist and is valid? Do then they ask how I can pay the debt back? "

 

Not quite the AQ is as it states on the tin to Allocate the claim to the appropriate track (given that it is accepted this will be SCT) it assists the DJ in deciding what directions to issue to narrow any differences and what can be used to resolve the matter.

If they fail to ignore the DJ request for disclosure the court can issue sanctions and strike the claim out...but he could also request further info from yourself to verify your defence.

 

Andy

[derek1]

thank you

Edited November 4, 2012 by derek1

[dx100uk]

sorry you've been missed

i've moved your thread to the legal forum.

 

dx

[Guest]

edit, duplicate

Edited November 4, 2012 by Ford

[dx100uk]

PLEASE PLEASE PLEASE

 

keep to THIS THREAD ONLY

 

for all issues related to

Lloyds overdraft/Arrow claim form/carter withdrawn . next stage help please

 

7 threads merged

 

you do not need to make a new thread EVERYTIME

something new happens

 

keep to this thread for all questions/advise

 

dx

siteteam.