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BW legal/Lowells claim form old lloyds TSC Credit Card Debt*** Settled by Mediation***


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Hello All,

 

Over the last few years i have received many letters from different credit agencies chasing me for an old debt owed to Lloyds credit card. All dealt with by filing in the bin. I have never contacted any of them or admitted the debt. Wrong, I know but that was how I decided to do it after reading some of the advice here. Thank you for all your reassurance.

 

However, Lowells have now sent a county court claim form. I have read some of the posts here and again am grateful for the advice but would like to know how to deal with the specifics of this case.

 

I believe the debt is over 6 years old as I think the last time I used the card was November 2007.

I have checked my Experian credit history and there is no default registered (In fact my credit rating is good!) there are many address checks from Lowells and Lloyds and several others.

 

The details of the claim Form are as follows:

 

Issue date: 12/2/14 (I delayed posting this until now as i had to wait for my Experian pin number to check my credit rating)

from: BW Legal Leeds

 

1.The claimants claim is for the sum of 397.41 being the monies due from the defendant to the claimant under a credit/store card agreement regulated by the CCA 1974 between the defendant and Lloyds TSB bank PLC under the account ref *********.

2.And assigned to the claimant on 30/06/13 notice of which has been given to the defendant.

3.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.

4.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 a a rate of 8% per annum from the date of the assignment of the agreement to the date of issues (10/2/14) being an amount of 15.82

 

I would like to ask the best way to proceed with this?

 

Should I register a defence straight away citing the statue of limitations? As I said, I am not 100% sure of the date I last used the card or when it was registered as a default. I was living abroad at the time so don't have ay of the documents.

 

Or should I send the CCA letter to Lowells and ask for a delay of the court proceedings whilst I do this? Will this be dealt with in time?

 

My concern is that this is a new tactic by Lowells to get you to confirm your address and/or the debt.

 

Many thanks in advance for your advice

TMTF

Edited by Andyorch
Paras/numbers added to PoC
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Hi and welcome to CAG. Sorry you were missed.

 

I am not legal minded so others can help there. You have strict timelines. It is likely the claim form is from MCOL so you can register and acknowledge the claim. You have a grand total of 33 days from the date on the claim form.

 

5 days for postage to you

14 days to acknowledge

14 days to file a defence.

 

Checking a credit file is good as it gives some idea (but not foolproof) of what has occurred previously. Do you know if a default was placed previously?

 

If yes to the above, did you make any payment after the default date? If no then it can be assumed that the debt is SB.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for the response.

I have read through the advice in this forum and decided to send a CPR 31.14 letter to BW Legal and also CCA letter to Lowells.

I have also registered with Mcot and acknowledged the claim with intent to defend all.

 

Some guidance as to what happens next would be gratefully received.

 

Many thanks

TMTF

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seems you've done the right things.

just waiting now to see if they respond. is small claims.

did you get a def notice? if so, when and was it compliant?

stick to deadlines. 33 days from claim form issue date re defence deadline atm.

any poss missold ppi on it?

have you previously done a sar on this? that might also throw up info re missed payments, demands, notices, etc which may affect things?

IMO

:-):rant:

 

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  • 2 weeks later...

Hi again,

 

Apologies for not replying Ford. I have just seen this. I don't recall a def notice but I did bin a lot.

No to the PPI and no to the SAR.

 

Sorry to bump this but I have a couple of questions.

I have acknowledged the claim. Is it 14 days to respond with a defence from the date I acknowledged or is it another 14 days from the date the original 14 days would have expired?

So far, there has been no reponse to my CPR request or the CCA.

If I get no response, what should my defence be? Can you point me to a template?

 

Many thanks

TMTF

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yes, another 14 days from the initial 14 days if acknowledgment with intention to defend. as said, 33 days from date of issue.

no templates as such, each case is specific. have a read around, get an idea of the defences that have been used.

re def notice, get them then to show that one was issued and if so it was compliant.

a sar may be useful either way if can do a tenner, they have 40 days to comply with that, if they decide to do. so if doing, do asap.

IMO

:-):rant:

 

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If you wish to take a read of the following link Toomuch :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.(1-Viewing)-nbsp

 

Regards

 

Andy

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Thanks for all the advice and assistance so far. This is a defence I have found here that I have edited. I am going with this defence rather than SB as I am not 100% sure it it SB. Is that the best way to proceed?

 

Defence

 

1.It is accepted that I have had financial dealings with Lloyds bank in the past but have no recollection of the account details, I am not aware nor have I been approached by the original creditor of any outstanding monies. The defendant has absolutely no knowledge of any debt residue.

 

2.I am not aware of any Assignment of any alleged debt nor have I ever received any Notice of Assignment pursuant to the law of property act 1925..The claimant has never made any contact in connection with this debt since June 2013 or requested any payment apart from the issuing of this claim.

 

3. On the 22 February 2014 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 77/78 request which was signed for on 25 February 2014. The claimant has declined to respond and remains in default of the section 77/78 request and until such compliance is unable to request any relief connected to the alleged agreement.

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be spurious and without merit.

 

4. The particulars of claim are vague and unsubstantiated with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract 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;

 

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

 

6. Furthermore, 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 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

 

7. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions".

 

8. 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.

 

This seems to be the one that suits my circumstances best. Please let me know if I need t include/delete anything.

 

Your help and the information on this forum is invaluable to me and many others.

 

Thanks

TMTF

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Responding to your PM TMTF.

 

Looks at your first post..... I have added paragraphs and numbered the PoC.Your defence should respond to the points 1/2/3/4 ...as you can see you fail to refer to the breach and default notice so that needs to be addressed..otherwise yes the rest is fine.

 

Regards

 

Andy

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Once again thank you for your guidance. This is my final defence which I shall be submitting before 17th March (12th Feb + 33 days)

If you could just please make sure there are no glaring errors I will be eternally grateful. A donation to CAG is on the way as I believe this site has helped me and many other people to ensure that legal practices are followed and not abused.

 

Final Defence

 

1. Paragraph 1 is neither admitted nor 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 2 is denied as I am not aware of any Assignment of any alleged debt nor have I ever received any Notice of Assignment pursuant to the law of property act 1925. The claimant has never made any contact in connection with this debt since June 2013 or requested any payment apart from the issuing of this claim.

 

3. Paragraph 3 is denied with regards to the Defendant owing any monies to the Claimant as the claimant has failed to provide any evidence of agreement, balance, and breach or default notice as requested by CPR 31. 14 and a Section 77/78 request on the 22nd February 2014 and signed for by the Claimant on 25 February 2014.

The Claimant has declined to respond and remains in default of the section 77/78 request and until such compliance is unable to request any relief connected to the alleged agreement. 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 Claimant has reached the amount claimed for and

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

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be spurious and without merit.

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

6. Furthermore, 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 and 196 of the Law of Property Act 1925 and Section 82 (a) of the Consumer Credit Act 1974.

7. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions".

8. 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.

 

Statement of truth

I believe that the facts stated in this Defence of claim to be true.

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Just have a re think of the above in red.....If you have had financial dealings in the past then admit it...Courts don't like neither admit or denied defences.Tends to scream debt avoidance.

 

Andy

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1.The claimants claim is for the sum of 397.41 being the monies due from the defendant to the claimant under a credit/store card agreement regulated by the CCA 1974 between the defendant and Lloyds TSB bank PLC under the account ref *********.

 

1.Paragraph 1 is accepted I have had financial dealings with LLoyds/TSB in the past I have never been contacted by LLoyds with regards to any outstanding balances and have no recollection of this agreement or of any outstanding monies being owed.

 

 

As an example?

  • Confused 1

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Thanks Andy. I have amended to the following as an amalgamation of the 2 suggested defences:

 

1. Paragraph 1 is accepted that I have had financial dealings with Lloyds bank in the past but have no recollection of the account details. I am not aware nor have I been approached by the original creditor of any outstanding monies. The defendant has absolutely no knowledge of any debt residue.

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.

 

Thanks again and subject to not receiving anything from Lowells, which I really don't expect, I shall submit this on Monday.

 

It would be interesting to know from other users what, if any, action Lowells have taken once these type of defences are submitted?

 

Thanks again

TMTF

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Not one as procceded past allocation as yet:wink:

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  • 1 month later...

Update: Today 12th April, I received a letter from BW Legal stating that their client intends to continue with the claim and have enclosed a copy of the letter sent to the court. Both dated 9th April.

 

My defence was submitted on 10th March. They had 28 days to respond which takes it to the 7th April but I guess they get a couple of days leeway for post?

 

Could anybody please advise what happens next?

 

Thanks

TMTF

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Wait and see if they do...you will know when the Directions Questionnaire arrives.

We could do with some help from you.

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Thanks Andy. I have amended to the following as an amalgamation of the 2 suggested defences:

 

1. Paragraph 1 is accepted that I have had financial dealings with Lloyds bank in the past but have no recollection of the account details. I am not aware nor have I been approached by the original creditor of any outstanding monies. The defendant has absolutely no knowledge of any debt residue.

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.

 

Thanks again and subject to not receiving anything from Lowells, which I really don't expect, I shall submit this on Monday.

 

It would be interesting to know from other users what, if any, action Lowells have taken once these type of defences are submitted?

 

Thanks again

TMTF

 

Hi

If it is any consolation to you Lowell could not run away fast enough when they found out that Lloyd's were in breach of a Cca request(Lloyd's admitted they could not find a agreement).

They also took a capital one card all the way to allocation of track before discontinuing and running away.

 

Good luck with your dealings with them and I hope you get as good a result as I have

 

Ogg

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  • 1 month later...

Good morning all!

 

Yesterday I received a letter from the court saying that I had been sent a Notice N149A, B or C and that I had failed to respond.

 

Yhis form has never arrived at my house so I called to let them know. They said they would email one but it has not arrived.

 

As its a bank holiday and the letter states I have 7 days to respond, I'm a bit worried about getting this done and returned to them in time.

 

Is this the Directions Questionnaire that was mentioned previously? Can I just download one off t'internet?

 

Cheers!

TMTF

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We could do with some help from you.

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Bu**er! Forgot to send a copy to Lowells!

 

Am I too late or can i send it on Monday? Can I blackout my contact details on their copy? I really don't want them to be calling or emailing me.

 

Thanks

TMTF

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Send it tomorrow...it will be ok.

 

Andy

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  • 2 weeks later...

Ok, a phone mediation appointment has been set for next week. Could you please advise the best way to handle this?

Do I stress the points that they have never responded to my CPR requests? Can legal points be argued here?

Or is this us for them to suggest a payment scheme?

 

Thanks again

TMTF

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Mediation ADR is purely to try to narrow any differences and possibly reach settlement before it proceeds to trial.You can refer to your defence and what you require....but the mediator has no legal powers to force the claimant to comply.

We could do with some help from you.

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