Lowell/BW claim form old Lloyds Tsb current joint account

[yamamoto]

S0 it would appear that the letter above is a standard response to CPR requestes from BC judging by other threads on the forum.

 

My biggest concern is i now only have 6 days left to file my defence and as this is a saturday they are not going to recieve any letters i send until the 13th of the month at the earliest - therefore leaving me only 3 days to get a reply and to enter a defence.

 

What is the meaning of the following ?

 

in any event the notice of default and assignment left the control of the claimant when they were dispatched to you.

 

Should i redo the CPR request and send to Lowells ?

 

I also plan to send the following letter to BC as found in other similar threads

 

Request for documents mentioned in a statement of case under CPR 31.14

 

Thank you for your response to my request for disclosure of documents mentioned in your statement of case under CPR 31.14.

 

With regards to your assertion that ”we confirm this matter will most properly be allocated to the small claimicon track as this is a simple contractual matter and part 31 of the Civil Procedureicon rules will therefore not apply.” I am afraid I must disagree, the case has not been allocated to a track for determination and as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.

 

I look forward to hearing from you within the next 7 days.

 

Finally what is the procedure for submitting a defence to the courts when you have not been given the details about the debt from Lowels / BC

 

thanks for any advice

[yamamoto]

Sorry, i have a few more questions relating to the defence and specifically how much "truth" to give in it.

 

A lot of the defences i have read for similar claims are based on things like i " i have not recieved a notice of assignment" , " this is the first i have heard form lpowells" etc

 

now, I HAVE receieved a notice of assignement from lowels ( but not from Lloyds), Lowells sent me the statements as described earlier in the thread and i have recieved LBA letters and general threat o grams from lowels since last year ( and several other companies for some time before) so do i mention this or still go along with attempting to make lowels prove they have sent them by denying it.

 

finally - from day one when this first kicked off in 2008 ish my "defence" whenever contacted was always that i had a valid claim for over 6k worth of bank charges dating back to 2001 + any unlawful penalty charges that were put on this overdraft - how valid is that / is it worth going down that avenue ?

 

Thanks

[AndyOrch]

Dont send the above letter to BC...its pointless...with regards to your defence its not based on whether they respond in time or not...you shouldn't be relying on it to draft your defence.

 

You simply state that you have made the requests they have failed to respond ...you can also use the unfair charges to mitigate the claim within your defence.

 

Andy

[yamamoto]

Dont send the above letter to BC...its pointless...with regards to your defence its not based on whether they respond in time or not...you shouldn't be relying on it to draft your defence.

 

You simply state that you have made the requests they have failed to respond ...you can also use the unfair charges to mitigate the claim within your defence.

 

Andy

 

Thanks Andy - going to have a go at defence this evening so i shall return later on tonight and post up what i have

[yamamoto]

right i have my standard defence ready to submit this evening but on it i have not mentioned anything about unfair charges / penalties etc

 

So - SHould i ?

 

Essentially the alleged debt of £1191.XX was run up over a year and in that year we had £798 of unauthorised overdraft fees (i believe the bank kept reducing the overdraft on a monthly basis to clear the overdraft - however, our wages and outgoings stayed the same so therefore each month we went a few quid over the overdraft and therfeore were hit with fees almost as much as what they had reduced it by some months) along with £130 of returned chequw / unpaid direct debit fees ( one appears to be a £40 charge even though the direct debit of £5 was only underfunded by 58p !)

 

Would appreciate your urgency in replying to this as got to submit the defence today

 

Many thanks

[yamamoto]

after readinga little more i feel that the following may be a better defence based on the above

 

#####Defence Current Account example######

 

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor Lloydsicon TSB Bank.

 

2. The defendant denies that the alleged amount was for finance service or goods but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

 

3. I refute the claimants claim is owed or payable. The amount claimed consists entirely of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4.The claimant is denied section 69 interesticon as its already charged interest on the facility.

 

5. 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.

 

6. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

 

7. As per Civil Procedureicon 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.

 

8. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated XX XXXXX 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

9.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.

 

I was originally going to use a version as found here : http://www.consumeractiongroup.co.uk/forum/showthread.php?415443-Claim-form-received-carter-lowells-Lloyds-Overdraft&p=4459963&viewfull=1#post4459963

[yamamoto]

another one - sorry

 

Would i be better putting my defence in stating that i no nothing and cannot comment until they provide the paperwork - AND THEN, when, and if, they provide the paperwork can i then add the made up of charges bit above ?

 

hope thats understandable