Lloyds - Lowell BW Legal SD **Set a Side+Costs*** judge commented at NO CCA!!

[senac]

Morning all, I must admit that I am getting nervous now.

 

I had initially received a letter from Lowell concerning a debt with Lloyds TSB (disputed since 2008).

and thinking that this was another DCA threatbot promptly ignnored it as this was about the eighth such DCA to contact me

and I had lost the inclination to send the "debt in dispute go back to the originator" letter.

 

However when I received another I started to follow on here,

just before I was served a SD by BW Legal for a disputed credit card debt that Lloyds had assigned to Lowell.

 

When I contacted Lowell on the morning of October 8th (8am via e-mail which was replied to)

they said that they would put this on hold for 60 days to allow them to get all paperwork from Lloyds,

they would not confirm this in writing to me.

 

they did write back to me to say that the required paperwork would take 12 days to get back from Lloyds.

 

The server from BW legal served the SD at 7:11 pm that evening.

 

I put in a defence to my court and have a hearing date for this coming Monday 16th in the afternoon.

 

I have been following. others threads and there seems to be a pattern of advocates for BW informing the court that they are not able to proceed

as they do not have the necessary paperwork.

 

My concern is that I will get into court and the paperwork will be produced then,

or that the judge will decide that he wants to hear this in full.

 

Not being an advocate or litigator, can anybody offer any advice.

 

Thanks in advance.

[honeybee13]

Hello there.

 

I expect the legal guys will be along over the course of the weekend and hopefully you will be forearmed for court on Monday. I'll also flag your thread for the site team and amend the title.

 

My best, HB

[citizenB]

They are not permitted to "ambush" you with paperwork at court, Senac. So if they do, you should ask the court/judge for an adjournment so that you can review what they have given you.

 

 

honeybee has left an alert for those with more knowledge who will look in over the weekend.

[AndyOrch]

I can only agree with Citizens above.....although I doubt very much they will disclose or even attend. In the event they do either request more time to consider or refer to your affidavit in support of the set a side.

 

 

Regards

 

 

Andy

[senac]

Evening all, I must admit that I am getting more than a little nervous now.

 

I have been trying to prepare for tomorrow in terms of what I need and in referring to my affidavit, the grounds were.

• The alleged debt has been in dispute with Lloyds TSB since 2008
  
• Lloyds TSB have failed to comply with a SARN in relation to this alleged debt
  
• They have shared information regarding this alleged debt with Multiple DCA's in contravention with a correctly served Data Protection notice, and then assigned this to Lowell
  
• Lowell have acknowledged my request for a true copy of the agreement under s78 of the Consumer Credit Act, and have agreed to place this on hold ( for 60 days but that they will not confirm this in writing) so that they could provide the documents but that this could take 12 working days (from 8th October 13)
  

 

I have the following questions.

 

What documentation do I need to take?

I also have a "Notice of Acting" from BWL, does anybody know what this is?

If this is set aside, can I claim for the day off work that I have had to take to defend this?

If the set aside is successful, what can I realistically expect Lowell/BWL to come at me next with?

 

Sorry to ramble but I am in bits and do not want to mess this up tomorrow as I am a householder with a wife who has just finished year 6 of an IVA (November) only to be served with a redundance notice on Thursday of this week.

[oleg]

Bump

Can someone help Senac? I'm unable right now.

He has court tomorrow.

Thanks

[AndyOrch]

I have the following questions.

 

What documentation do I need to take? copies of forms 6.4 & 6.5 and evidenced disputes /CCA request

I also have a "Notice of Acting" from BWL, does anybody know what this is? Notice of the Solicitor representing tomorrow

If this is set aside, can I claim for the day off work that I have had to take to defend this? Yes & you should prepare a costs bill

If the set aside is successful, what can I realistically expect Lowell/BWL to come at me next with? Impossible to say

 

 

Regards

 

 

Andy

[senac]

Andy, thanks for that.

 

Is the 6.4 and 6.5 the defence document that I submitted to the court?

 

I think that I have the copies of the second CCA request, although these are on an old PC,

although I do have a request from Lloyds TSB dated 8th Jan 2011

which was one of their stalling tactics of a document which gave them permission to release my personal information in response to my DSAR.

 

Which I returned to them on 23rd Jan 11 although the information was never provided under this.

 

Should going up against a solicitor worry me as I am not legally trained and all I have is from reading forums.

 

As for costs, is it just the day off work and parking.

 

I am worried that if I have to produce a pay slip that BWL will then know my take home pay.

 

Is there a template for a costs bill.

[senac]

Andy, or anybody else who may be able to help.

 

I have just been looking at the documentation from both Lowell and BWL and they seem to have made a schoolboy error, they have my name incorrectly.

 

For example, Instead of John Smith. They have John J Smith listed on both their paperwork and the subsequent court paperwork.

 

Now I am guessing that this could be remedied by informing them of the error which would give them the chance to serve me with amended paperwork,

 

also extending their window to obtain the original paperwork from LTSB.

 

Alternatively if I challenge that I am not the person on the SD can I raise this in the hearing.

 

What a quandary to be in?

[dx100uk]

I would not go down that route

 

follow what andy has posted above.

 

I would think they will not turn up

 

and anyway, its not a 'court' just a sit around table type hearing.

 

if they've not given you yet a copy of the CCA then that should be enough to set it aside.

 

they can't 'produce' it on the day, they must give you time to respond correctly.

 

as with 99% of SD's / court claims by these people

 

they issue them without holding the necessary paperwork

hoping it wont be contested & they get a default judgement.

 

you came to cag, you now know you rights.

 

as for what happens after the set aside, it resets the debt process to that point in time.

 

as for cost £18per hour of your time

stationary costs

postage costs

phone call costs

loss of wages.

 

if you have not paid anything in or out on this debt since 6yrs before the claim date you 'could' bring statute barring into play too.

what was the debt type?

 

dx

[senac]

dx, Thanks for that I have been able to sleep (well for a few hours)

 

The debt is a disputed personal credit card debt. Which was only taken out as my business was hit.

 

I was self employed from 1993-2008 and had all my personal and business banking with LTSB but when the recession hit me in 2007, I started looking at what they were charging me for the current accounts and started looking at the "unfair bank charges" and managed to get a small payment out of them for this.

 

However the charges for the bank accounts had the following effects.

[*]That I was mainly using the credit card for essentials, food and fuel

[*]As a family my wife (the main wage-earner) entered into an IVA

 

It is only now with hindsight that I realise that I could have gone for all charges under a hardship argument and that if I had done so then this would have wiped out all of the 3k on the card.

 

However as I looked into it more i realised that LTSB had consistently charged me a "late fee" for making a counter payment in their branches on the due date for the credit card (also said to be a naughty practice by the OFT) so in 2008 I started with my first SARN (DSAR now) this was not replied to and followed up with another in December 2010. Unfortunately this is where I fell down by not going to the Office of the Information Commissioner after the 12+2 and when I did, I was told that as it had been over 12 months that I would need to start again.

 

I made the last token payment on this in 2009, but as for "statute barring" as I have had communications regarding this I would have thought that the 6 year period has not started yet? (although others may know better)

 

Thanks for making me aware of what I can claim in costs, is that £18 per hour for all day or just the time of the hearing? Although I am thinking that a counter-claim for costs may spur them on to push LTSB for all paperwork and bury me in that mountain.

[AndyOrch]

You can claim a one off fixed amount for losing a days pay ( if that is the case) of £85.

 

 

Regards

 

 

Andy

[senac]

Andy / dx thanks for the help so far

 

My appointment is early afternoon I will update you all later when I get home.

 

Senac

[AndyOrch]

Your welcome senac...best of luck and yes please update with what transpires.

 

 

Regards

 

 

Andy

[renegadeimp]

IF the solicitor turns up, he will try and bully you before the hearing. Normally if theyvknow they will lose, theyll pressure you to agree to something before they go in.

[senac]

renegadeimp.

 

Thanks for that, I am of the opinion that the worse that could happen is that the SD is upheld. From my wives IVA there is a charging order for 26K on the house by Northern Rock (sorry Virgin money, disgraceful as I had 2000 shares in NR before they went under)

 

I will not be agreeing to anything prior to going in, but if they are insistent then I will go in with some hope.

 

Senac

[superstarjan]

Good luck senac, keep calm and make notes of all you need to say

[superstarjan]

senac, if you like, pm me which court you're at this afternoon, if it happens to be the one I'm going to later with my costs papers, I would be happy to be your court buddy.

[senac]

Good afternoon all,

 

I am back home now with the following. A set aside Advice from the Judge that this will not go away.

 

Total time from going in to coming out was 9 minutes.

 

Before we went in I was approached by BWL counsel and asked for a chat so that we could see each others side of the story

(Please tell me if I am going to get my arse kicked)

I declined and said that I would wait for the Judge.

 

The hearing started with BWL asking for an adjournment of 56 days in order for them to get the paperwork from LTSB,

 

the Judge asked the "standard" question of

 

"why issue a SD when you did not have the paperwork"

 

BWL reply was

 

" we did not know it was in dispute"

 

Judge retorted with

 

" you wouldn't until you issued the SD, would you?"

 

I advised that this has been onging since 2008,

 

also that they had had over 60 days since I asked them for a copy of the CCA

 

and I did not think that another 56 days would result in this being produced.

 

The Judge agreed and set aside :-D:-D:-D:-D:-D:-D:-D:-D:-D

 

Then they asked if there was anything else, so I went for it and asked for costs.

 

These were awarded more smiles for me.

 

 

A big BIG thank you to all who gave advice.

 

Although if this does come back to haunt me, I know who to call (and it is not Ghostbusters )

 

Thanks again.

[AndyOrch]

Well done senac...as predicted then...thread title amended to reflect the outcome.

 

 

Well done

 

 

Regards

 

 

Andy

[dx100uk]

hey another fleece bites the dust!!

 

dx

[superstarjan]

Fantastic news, well done

[citizenB]

Yes, excellent news..

[Peterbard]

Well done )

[wendyboats]

Congratulations and well done everyone xx