claim form Lowell/ BW Legal old LLoyds credit card debt

[Cornfo]

Hi,

I would like some help with the process of defending a CCJ.

 

I have looked through this site and the info on here is great

but obviously this is a major issue and I want to make sure I get this right.

 

I received a Claim Form issue date 7th Feb for £3735.96,

including court fees, solicitors costs and £165.75 statutory interest pursuant to section 69.

 

I have since checked my credit file and this does appear to be from a Lloyd's Credit Card

I had about 7/ 8 years ago.

 

My credit file shows this account as closed and I have a new open account with Lowell's

for this amount which appeared sometime last year.

 

I do remember the credit card and I am not suprised I have received this

as I have been very silly and buried my indebted head in the sand to protect my sanity some years ago.

 

Unfortunately the debt was run up by my ex husband in my name

so I know I am responsible but couldn't face dealing with it.

 

I am now remarried with a family and we were hoping to be in a position to buy a house in a few years.

This will not be possible with a ccj and I can't afford to pay this.

Hence the need to defend as a last hope.

 

I believe I need to:

 

Send back acknowledgement of service and tick plan to defend.

This gives me 28 days from 7th Feb (??)

 

Send a CPR 31.14 request to BW Legal requesting account paperwork and default notice (which I never received).

 

Is that correct for now?

And what paperwork should I be requesting?

 

I appreciate any and all help on the matter.

[citizenB]

Your timeline is as follows:

 

Date of issue 07.02.2014 + 5 days for service = 12.02.2014 + 14 days to acknowledge the claim = 26.02.2014 + 14 days to submit a defence = 12.03.2014 - (33 days from the date of issue) so you have a little time in hand. Your first action is to acknowledge the claim which you can do online using the password that is on the claim form

 

You need to send the CPR 31.14 to the solicitors named on the claim form. Remember you can only ask for documents that are mentioned or implied within the claim.

 

If you could type up what they say on the claim eg the reason they have issued it, then we can advise exactly what you can request from them.

 

When was the last payment date to the account ?

 

Have you had any previous communication from Lowell regarding this debt ? Did they send you a Notice of Assignment.

 

On what basis would you be considering defending the claim ?

 

Was there any Payment protection Insurance or default charges that could be reclaimed ?

[Cornfo]

Thank you citizen for your reply.

I will acknowledge the claim this week,

if not tonight and now I have a proper timeline

I know what I have to work towards.

 

 

The claim form reads:

 

The Claimant's claim is for the sum of 3735.96 being monies due from the Defendant to the Claimant

under a Credit/Store Card agreement regulated by the Consumer Credit Act 1974

between the Defendant and LLoyds TSB Bank PLC

 

under account reference ******** and assigned to the claimant on 30/06/2013 notice

of which has been given to the Defendant.

 

The Defendant failed to maintain the contractual payment under the terms of the agreement

and a default notice has been served and not complied with.

 

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 a

t a rate of 8.00% per annum (a daily rate of 0.75) from the date of assignment of the agreement

to the date of issue (05/02/2014) being an amount of 165.75.

 

According to my credit report, the last payment made to the account was July 09,

to Lloyds TSB although that doesn't sit right with me to be honest,

I would have thought it was possibly the year before that but not far enough back to be statute barred.

 

I have received nothing from Lowell,

have made no payment to them,

or offer of payment and have not acknowledged the debt with them.

I guess that this would be my defence then?

 

There would have been no PPI as I always fought the hard sell on this

and I'm unsure about any other charges or how to check.

 

Thanks again for your help.

[Cornfo]

Hi

 

Could somebody please help with which documents I am requesting on my CPR 31.14 based on the information above?

 

I would like to get this sent off ASAP.

 

Thanks in advance

[AndyOrch]

Documents hi lighted above are what you should be requesting.You should also be requesting separately by way of a section 78 request a further copy of the agreement.

 

Regards

 

Andy

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

Cornfu, the letter you require is linked above.

 

The items you can request are highlighted in your post.

 

Agreement

Assignment

Default Notice and also....

Statement of account showing how the sum being claimed has accrued - to identify any default/penalty charges.

 

Please do ensure you edit/amend hte draft letter properly - removing any "instructions".

 

Send to Solicitor named on claim form - at the very least, obtain a free proof of posting - however if you can afford it I would suggest using one of the tracked methods such as Special or Recorded delivery.

[Cornfo]

Hi again,

I'm now looking for advice on how to proceed after this step. I sent the letter above by recorded delivery Saturday 22nd February and I have yet to receive any kind of reply. What should I do?

Thanks in advance.

[citizenB]

Righto, your defence is due 12 March I think. Did you check on the RM track n trace site that they have signed for the letter. I would assume either 24/25 February they received it. So give them until Tuesday/Wednesday of next week to respond

 

I am confused by the description of hte account.. you say this was a Lloyds account - did they have Store cards ?

[Cornfo]

Thanks for your reply. I will check the RM website.

It would have been a credit card, not a store card.

Kind Regards

 

Hi Citizen B (or whoever else can advise).

My letter was delivered to their solicitors 24th Feb. I have received no reply. Could you please advise me on how to proceed next?

Kind Regards

 

Hi, is anyone able to advise on what I should do next?

[unclebulgaria67]

Hi, is anyone able to advise on what I should do next?

 

CAG can go a bit quiet at weekends and you may not get a response from the legal bods until Monday.

 

If you don't get a response to your CPR 31.14 request and to your CCA request, you can use that in your defence. It is a type of embarassed defence, that you have asked the claimant to disclose the documents mentioned in their particulars of claim by way of a CPR 31.14 request sent on x date and received by BW legal on x date, to which you have not received a reply. You then state that you have made a request under s.78 of the Consumer Credit Act for a copy of your Consumer Credit Agreement and this request has so far not been complied with.

 

Until you get all the information disclosed, the claimant is denying you a chance to defend. The court should not allow the claimant to proceed with the claim until they provide the documents you have requested. You just need to keep challenging, meeting any deadlines the court sets. Once you get the information, you can take advice about what to do.

 

You could really do with all statements of account from Lloyds, so you can check all the information on these. e.g last date of payment you made, the charges that have been applied.

[Cornfo]

Ahhh, thanks very much for your reply and your help. This is the middle of my working week so I tend to forget that other people have interesting things to do at the weekend!!

I'll check back on Monday and have a look at some defences online.

[Cornfo]

Hi,

could somebody please take a look at my defence which I believe needs to be submitted Wednesday.

 

 

I tried to read as many defences as I could find and I hope this fits purpose.

Do I need to have something about it being an embarrassed defence somewhere?

Have I responded to enough paragraphs?

Any help would be greatly appreciated.

 

Also, I must have misread earlier posts and I never sent a CCA request. Is this worth doing anyway?

 

1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 by First Class Recorded post on February 21st 2014 and received by The Claimants Solicitors February 23rd 2014. The defendant has received no reply to the request and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt, 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 Credit Act 1974.

 

5. 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.

[AndyOrch]

Did you not dig further on that default date cornfo?

[Cornfo]

Did you not dig further on that default date cornfo?

 

Hi Andy, in what way and how? Sorry if those are stupid questions!

[AndyOrch]

" According to my credit report, the last payment made to the account was July 09, to Lloyds TSB although that doesn't sit right with me to be honest,

I would have thought it was possibly the year before that but not far enough back to be statute barred."

[Cornfo]

Oh I see. No I didn't dig any further into that. I didn't even think it was worthwhile to be honest, or where I'd start.

My defence has to be in tomorrow. Is what I wrote ok?

Thanks.

[AndyOrch]

Well its a defence that I drafted...if it fits your purpose...but with regards to your last post it makes the world of difference to a defence if it is in fact Statute Barred...guaranteed success with costs.

 

Andy

[Cornfo]

So how would I go about researching that?

I doubt I'll get any information from Lowell's, reading other posts.

 

 

Would Lloyd's be able to help? Or would I need to look through my own documents?

I don't keep my bank statements so I think the only way to do that would be to request old statements from my bank at a cost

and I wouldn't even know what month to start.

 

 

I don't believe it is statute barred but if I entered a defence now could I then let the court know at a later date that it was statute barred?

 

Sorry for all the questions,

I really appreciate your help on this matter.

This is one of many stressful things in my life right now and any help is gratefully received.

 

I need to get this defence in ASAP so If I don't hear anything on here again in the next hour I will enter that defence anyway.

I'm hoping that it fits ok (for now anyway) as Andy you haven't said it doesn't.

[unclebulgaria67]

You could approach Lloyds today to make an urgent request. I suspect that as long as you can identify yourself as the card holder( by answering standard security questions, name address, date of birth etc) that Lloyds can look up the last date of payment and default date. They may then be able to confirm this in writing. You don't need it in writing from Lloyds before you added any such info in your defence. If the info was helpful eg. debt is statute barred then you could include that in your defence.

 

Worth a try. Lloyds may say the info is archived on their systems, but they can look it up urgently if they wished to do so. So be nice and see whether you can speak to someone helpful.

[AndyOrch]

Hi ‎ Cornfo

 

I can only echo the excellent advice above from UB...if there is anyway of getting conformation it would make the claim cut and dry defence wise.

 

Andy

[dx100uk]

so how did this go?

 

 

dx