Claim form received - carter/lowells - Lloyds Overdraft***Claim Discontinued***

[about time]

Hi,

 

 

I'll keep the back-story brief but

 

having got into a spiral of ever increasing debt during some incredibly turbulent times for my wife and I in terms of employment

 

I found myself 5 years ago in a situation where I had no job,

had lost vast amounts of money in two failed businesses and pretty much had to start over.

 

All through the initial problems I had needed to maintain my credit rating as I worked in Financial Services*

which foolishly meant I borrowed ever more to keep up with payments.

 

By the time the businesses went and I was unemployed I owed a stack of money with no means to repay

and, having taken advice I booked to go bankrupt.

 

On the day I was due in court I couldn't go through with it.

I had found a job, albeit on less than half my previous earnings,

and wanted to try and sort it out so entered into a dmp with CCCS.

This lasted for about 3 months before I realised I just couldn't afford it

and so the dmp failed (by this time early 2010).

 

Since then I have, I'm embarrassed to say, kind of done the ostrich thing in the hope that I could keep the creditors at bay

until such time as I could afford to make regular payments that would be enough to make a serious dent in what I owed.

 

Between then and now I have changed jobs four times,

each time in order to chase higher earnings and have, since last summer,

finally been in a role that I can settle into for the long term

and offers some stability in earnings.

 

Prior to this I have been so wary of getting another dmp going only for it to possibly fail.

 

However,

I have just received a CCJ claim form for one of my debts

and, having got over the panic,

I am going to use this as the kick up the backside I needed to sort my finances out once and for all (it's about time!)

 

so would appreciate any help and advice that can be offered here, especially as I understand I need to move quickly with the CCJ.

 

Here's a summary of what I owe.

 

Some of these debts have always been maintained,

either because they are priority debts,

or in joint names, as my wife has,

until recently,

always worked in financial services and so had to protect her own credit rating.

 

Joint NRAM Mortgage £251k (never been in arrears)

Joint NRAM Together loan £28k (never been in arrears)

 

HP, my car £3,000 (was in arrears but renegotiated a few years ago, vital for work no arrears)

HP, my wife's car £4,000 (never in arrears, vital for work)

 

Student Loan c£4k, (was being taken from salary but just switched to direct debit as within two years of paying off - standard SLC practice)

 

Catalogue account in my name, balance of c£1k, all up to date (essential purchases for the house when money has been tight).

 

Bank loan in wife's name, circa £4k (never in arrears)

 

Credit card for £10k, in default, now owned by DCA (showing on credit file as such), originally opened Jan 2008.

 

Bank loan £2k, in default, still owned by bank started April 2007

Credit card £8k, in default, now owned by DCA originally opened Feb 2007

Overdraft £2,5k, in default, now owned by DCA

Credit card £5k, in default, now owned by DCA, originally opened July 2003

We also owe about £750 in service charges to the management company who run the estate we live on.

 

The CCJ is for the overdraft.

 

What I'm going round in circles with now is what I'm supposed to do next.

From my research it seems I should be putting together a budget plan (which I have done)

and need to submit this for the CCJ and at the same time to my other creditors

with a view to beginning payments to all of them on a pro-rata basis.

Is this right?

 

I have been offered £1,500 by my sister who said I should offer this to the DCA in f&f settlement for the overdraft

but from what I've read that would be frowned upon by the courts

and I'm thinking if the others see this happening they'll all try and get a lump sum which I won't have

(although it is a very generous offer, £1,500 is all my sister has available).

 

The thing that is really confusing me is

how will the joint debts be viewed?

 

Will I been deemed to have been giving some creditors preference by keeping up payments on the Together loan, the HP etc?

My wife needs to maintain her credit rating for work reasons so will we be allowed to maintain payments on the joint debts

and anything in her name?

Will we be allowed to keep our cars?

We haven't the money to buy other cars and would lose both of our jobs without them.

 

I am also struggling with the budget planner as some of my income is from non guaranteed bonus.

I'm guessing the courts/creditors won't just disregard the bonus so how will they calculate my disposable income?

 

These are just the things I can think of right now,

I'm sure I'm missing loads of other stuff.

Sorry that this has been a long post but if anyone has not yet given up reading

and can give me some advice I would appreciate it more than I could say.

 

It's been a long few years and we've got so used to this all hanging over us that it feels like a relief to be finally doing something to sort it

but I'm still having sleepless nights trying to figure out the solution!

 

Thanks for your time.

 

AT

 

*No offence to any investment bankers out there but I probably should add that when I say we worked in Financial Services we weren't anything to do with the City.... I had a local mortgage brokers serving local homebuyers/owners in the Midlands and my wife was a branch based retail banking employee who lost her job when staff numbers were cut.

Edited January 20, 2014 by about time

[dx100uk]

first port of call is the CCJ.

 

have you acked the claim yet

 

dx

[dx100uk]

type out the PoC please

and name names too.

[Desperate Daniella]

Hi about time, and welcome to CAG!

 

As dx says, the most important issue is the claim, so that has to be your first priority.

 

You can make any arrangement you want with the creditor providing you both agree to it and they agree that the Court makes an order to say that the matter has been settled and the claim has been discontinued.

 

Some of the credit card agreements may be unenforceable. If they are then you are in a good position to negotiate. Once you have started to deal with the claim you should start a different thread for each of these with the name of the creditor and the DCA in the thread title as this will attract people who have experience of dealing with them. There are all sorts of agreements - some are enforceable, but others are not.

 

DD

[about time]

Hi,

 

Thank you for responding....

 

I haven't acked the claim yet, should I do this online straight away?

 

POC

This claim is for 2576.18 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

The debt was assigned to/purchased by Lowell Portfolio 1 Ltd on 24/06/13 and notice served pursuant to the law of property act 1925

 

Particulars

Re Lloyds

A/C No ***********

 

And the claimant claims 2576.18

 

The claimant also claims interest pursuant to S69 County Court Act 1984 From 24/06/13 to date at 8% per annum amounting to 115.18.

 

 

So should I be sending CCA requests to all of the CC companies?

 

Thanks again!

[about time]

Bryan Carter are the sols by the way....

[Desperate Daniella]

Hi,

 

Yes, acknowledge immediately.

 

If a CCJ will seriously damage you then it may be better to try and achieve a settlement on the basis that they drop the claim. They will have paid very little for the debt. Overdrafts aren't governed in the same way as credit cards so can be harder to defend.

 

Who was the overdraft with? Were there any penalty charges you can claim back from the original creditor?

 

Send the CCA letters too.

[Desperate Daniella]

Did Carter send you a letter before claim?

[about time]

Hello,

 

Yes, got a letter 48 hours before the Claim form.

 

I'm no longer working in the FS industry and won't ever be going back to it

so from that point of view the ccj wouldn't be so bad,

but I am worried about things like bailiffs,

charging orders

and mainly the court asking me to pay out more than I can afford each month.

 

Settling and getting them to drop the claim sounds appealing

but will the other creditors see that this has happened

and decide to try the same tactic in terms of going for CCJ's to try and get a settlement?

I'd feel bad borrowing from my sister to avoid one ccj only to end up with several more.

 

How would I go about settling?

Do I write to Carters or Lowell's?

Should I use one of the letter templates on here a

nd how would that fit in with timings for the courts...

are they likely to reply to my offer before any deadlines expire?

 

I don't think there are any penalty charges, should I SAR them or am I out of time?

 

Sorry, I know it's loads of questions, your help is appreciated

[about time]

Also, just looked at the acknowledgement form... am I saying that I intend to defend all of the claim/part of the claim/contest jurisdiction?

[dx100uk]

defend all

don't contest jurisdiction

 

you have 5 days from the date of the N1 form

 

 

 

dx

[dx100uk]

you wont be able to CCA this debt

its a bank account

 

send the CPR 31.14 mind to carters

by 1st class tomorrow

 

yes get the sar off to Lloyds

it might come thru in time [you have 14+14 days from the 5 days you ack the N1 total 33days

to get you act together.

 

have you ANY paperwork on the OD at all.

 

Lloyds sold it to lowells so there must be something wrong with the balance or something.

not that it helps

but I suspect its all PENALTY charges for not paying things on time?

 

dx

[about time]

No paperwork at all (pretty dumb, I know).

 

Will get the SAR and CPR 31.14 off tomorrow.

 

I take it in this case I should not be talking settlement with them yet?

 

Thanks

[dx100uk]

no not yet

 

i'll let the more learned legally minded members comment further too.

not my bag sadly.

 

dx

[AndyOrch]

Its important to use the correct version of CPR 31.14 for current accounts:-

 

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

[about time]

I sent the CPR letter off today but looking at your link, Andy, I have sent the wrong one, will this cause problems or do I just need to send another one using the version in your link?

 

SAR also went off to Lloyds.

 

Continued thanks to you all.

[AndyOrch]

Send a second one they wont be able to respond to either:lol:

[about time]

Here's what I sent today.....

 

Dear Sir,

 

Re: Lowell Financial Ltd v Mr ***** ****** Case No:********

CPR 31.14 Request

 

On 20/1/14 I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with 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 unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully,

As well as it not being the same as the one in Andy's link, I have realised that I cited Lowell Financial Ltd as the claimant because that's who Carters mention in their letter but the Claim Form states the Claimant as Lowell Portfolio 1 Ltd.

 

Given my double blunder I will get a new version in the post tomorrow.... unless this is a bad move?

[about time]

Ha ha, just saw your reply Andy, lol! So is that the outcome I'm hoping for, that they fail to reply with the requested info and this then forms the basis of my defence? If successful does that mean no ccj and unenforceable debt?

[AndyOrch]

No its not the basis of your defence but will part of it...they are not compelled by the court to respond to CPR requests...its a civil request.However with a well drafted defence you can

direct the court into forcing them to disclose with the knowledge that they probably cant and therefore have no evidence to rely on.Its getting the DJ to issue the order of disclosure ...that is your aim.

 

Regards

 

Andy

[about time]

I see, so as far as this one goes I'll either post whatever they reply with or get back on here if they haven't replied in the correct time frame (is that 7+2days from when I post it?).

 

And then I'll create the new threads for the others....

 

So that I don't use the wrong form again, does anyone have a link to the most up to date CCA request letter that I can use for the bank loan and credit cards by any chance please?

 

Thanks,

 

AT

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974(1-Viewing)-nbsp

[about time]

Great, Ta!

[AndyOrch]

If its to the original creditor (ie the debts not been assigned) then as it is...if its been assigned you must head it " I do not acknowledge any debt with your company"

[about time]

Hi All,

 

I've had a response from Carters. It's dated 24th so not sure if it's in response to my first letter or the second, correct,one as I tracked my letters on Royal Mail and the 1st was received on 23rd and the second on 24th, with their response being dated 24th. I've attached both pages so is this the response I was hoping for?? What do I do next?? As always, help appreciated.

 

I have also uploaded the Acknowledgement of Service as the letter from Carters states they haven't received it - I'm guessing this is just a scare tactic or should I be sending them a copy?

 

Thanks,

 

AT

Edited January 25, 2014 by about time
Attachment issues