Carter/lowells - Claim form old joint Lloyds bank account***Claim Discontinued***

[storeman]

Hi all, hoping you can help this newbie with a debt problem.

 

In April 2008 I received a default notice from Lloyds relating to an overdraft on a joint current account I held with an ex partner,

as it had been 18 months since the split

 

I phoned Lloyds explaining that I had nothing to do with the debt (£700)

and the account was in credit when I left.

 

After a visit to my local branch and a chat with a very helpful lady it was proved that I hadn't used the account for 18 months

and I was told my name would be removed from the debt and they would chase my ex,

I have heard nothing from Lloyds since.

 

Imagine my surprise when in October 2013 I received a letter from Lowells demanding repayment then phone calls,

none of which I answered,

then Fredrickson then Bryan Carter and

 

now a claim form from County Court bulk centre in Northampton (yesterday).

 

The only contact I have had with any of these companies is a letter I sent to Fredrickson

stating I had no knowledge of this debt, the reply was a load of gobbledegook about a "Notice of assignment" which I have never received.

 

I am not sure what the next step is, maybe someone here can help ?

[ericsbrother]

You were misled by whoever you spoke to in branch, a joint account means that you are jointly and severally liable for the debt, even if it was run up after your estrangement from the other person named on the account. this is why they are chasing you, they probably have had no luck with your ex so they are after bigger fish.

[BRIGADIER2JCS]

Hi all, hoping you can help this newbie with a debt problem.

In April 2008 I received a default notice from Lloyds relating to an overdraft on a joint current account I held with an ex partner, as it had been 18 months since the split I phoned Lloyds explaining that I had nothing to do with the debt (£700) and the account was in credit when I left. After a visit to my local branch and a chat with a very helpful lady it was proved that I hadn't used the account for 18 months and I was told my name would be removed from the debt and they would chase my ex, I have heard nothing from Lloyds since. Imagine my surprise when in October 2013 I received a letter from Lowells demanding repayment then phone calls, none of which I answered, then Fredrickson then Bryan Carter and now a claim form from County Court bulk centre in Northampton (yesterday). The only contact I have had with any of these companies is a letter I sent to Fredrickson stating I had no knowledge of this debt, the reply was a load of gobbledegook about a "Notice of assignment" which I have never received.

I am not sure what the next step is, maybe someone here can help ?

 

 

 

It makes absolutely no difference if you used the account or not you are liable for the debt jointly with your ex.

#

You MUST acknowledge service of the claim, and state if you intend to defend the claim or not, if you ignore this Carter will ask the court for " a judgement by default".

 

 

I don't suppose you had the advice from the branch in writing?

[ims21]

Hi storeman and welcome to CAG.

 

Can you please have a look at this item and answer the questions that have not yet been answered here on the thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.(2-Viewing)-nbsp

 

The guys will be along to help as soon as they are available

[ims21]

Thread moved to the Legal forum

[storeman]

Thanks for your replies, I foolishly left the paperwork at work, I will answer tomorrow

[storeman]

Issue Date: 07 Mar 2014

Reason: old Lloyds Debt

Value: £893.58

Current Account

Date Entered: The account must have been opened mid 2007 (not 100% sure)

The Claimant is Lowell Portfolio

I have never received a notice of assignment

Default notice from Lloyds 23rd May 2008

No "Notice of Default sums" ever received

It was a joint account with an ex partner which was in credit when the relationship ended

No dispute

No attempt to enter into a debt management plan (I was told by Lloyds that my name had been removed from the debt)

 

So do I send the court papers back saying I intend to defend and the defence part or just the acknowledgment at this stage?

[BRIGADIER2JCS]

Get the acknowledgment of service back to the court asap.

 

 

Did you get the statement re name removal in writing?

 

 

It would be very unusual for the bank to remove a name from a joint account without consulting the other account holder.

 

 

Is this what you would rely on in defence?

[storeman]

Did I get the statement re name removal in writing?. I was told at the time it would be confirmed but it never was and stupidly I didn't folow it up.

 

As for defence I really haven't got a clue at the moment.

[BRIGADIER2JCS]

Ok get the Acknowledgment of Service sent in and state you will be defending.

 

 

Defaulted May 2008 means this could be statute barred May 23rd this year IF no payment or unequivocal written acknowledgment has been made since the default was placed.

 

 

I would suggest phoning Lloyds to see if they can tell you if any payments were made or any written acknowledgment was made by your ex.

 

 

If it is SB it's a complete defence.

[storeman]

Ok get the Acknowledgment of Service sent in and state you will be defending.

 

 

Defaulted May 2008 means this could be statute barred May 23rd this year IF no payment or unequivocal written acknowledgment has been made since the default was placed.

 

 

I would suggest phoning Lloyds to see if they can tell you if any payments were made or any written acknowledgment was made by your ex.

 

 

If it is SB it's a complete defence.

 

Acknowledgement sent to the court today

[storeman]

Acknowledgement sent to the court last week,

 

CCA1974 request going today

 

CPR31.14 going to solicitor today

 

Do I actually have a defence ? I have never received a Notice of Assignment, Lloyds havn't been in touch in any way for the past 5+ years, to be honest I'm starting to get a little bit worried.

[storeman]

Letter back from Carters today, standard template by the look of it, they don't have the docs, allocated to small claims court, refer to your own records, independent legal advice etc etc.

Nothing from Lowells yet.

I've just checked my credit rating and there is nothing on it from Lloyds, just Lowells is this normal? Lowells entered a default in March 2010 but I didn't hear from them until 2013, sorry I'm rambling.

Having looked at other threads I guess I just wait now, is this correct?

[Old Cogger]

How much longer are Lowells and their cronies going to get away with this abuse issuing N1s on back of no paperwork?

[BRIGADIER2JCS]

Letter back from Carters today, standard template by the look of it, they don't have the docs, allocated to small claims court, refer to your own records, independent legal advice etc etc.

Nothing from Lowells yet.

I've just checked my credit rating and there is nothing on it from Lloyds, just Lowells is this normal? Lowells entered a default in March 2010 but I didn't hear from them until 2013, sorry I'm rambling.

Having looked at other threads I guess I just wait now, is this correct?

 

 

 

 

Lowell will have just updated the CRA files from on the date they acquired the debt, which will have been sold in a large portfolio of debts and they gradually come to the top of the pile.

[BRIGADIER2JCS]

How much longer are Lowells and their cronies going to get away with this abuse issuing N1s on back of no paperwork?

 

Until the regulators are lumbered with some many complaints about the misuse of the system this will continue,litigation should always be a final resort and not used for petty consumer debts.

[storeman]

Lowell will have just updated the CRA files from on the date they acquired the debt, which will have been sold in a large portfolio of debts and they gradually come to the top of the pile.

 

I don't understand why nothing on the CRA from LLoyds

[BRIGADIER2JCS]

I don't understand why nothing on the CRA from LLoyds

Lloyds are out of the picture now Lowell own the accounts so the original entry has been removed.

[storeman]

Lloyds are out of the picture now Lowell own the accounts so the original entry has been removed.

 

Thanks for that BRIGADIER, so what do I do now, just wait?

[BRIGADIER2JCS]

Hi, yes wait and see!

[storeman]

Still nothing from Lowells and I am pretty sure my defence has to be lodged on Wednesday (9th April), any suggestions on my defence ?

[AndyOrch]

You cant really suggest defences as they are unique to your particulars of claim....look around the threads similar to yours (same claimant ) and edit their defences to suit yours.

 

Andy

[storeman]

Just found this defence how does it look?

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. The claim is denied with regards to an amount due under an agreement. The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. I am unaware of any legal assignment the claimant refers to within its particulars. I have no knowledge of who the claimant is nor ever been approached since the alleged assignment up until receipt if this claim.

 

On receipt of this claim I requested information pertaining to this claim from Brian Carter and Lowell's by way of a CPR 31.14 and a section 78 request. Brian Carters response was that they won’t comply and that it’s based on a simple contract which I should have in possession

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

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

 

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

 

© show how the agreement was legally terminated to allow the claimant relief.

 

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

 

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

 

5. 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.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Yes thats for a credit card or personal loan though try this one and edit to suit.:-

 

Defence

 

Paragraph 1 is accepted that I have had financial dealings with Lloyds in the past I am not aware or ever been

informed of any legal assignment of this account number to the claimant.

Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to

strict proof to evidence this breach.

Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant.

 

On receipt of the claim form the Defendant sent a CPR 31.14 request dated XX/XX/2014 for a copy of the Overdraft

facility agreement,Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a

statement of account showing how the amount claimed has been reached, which form the basis of this claim.

This was signed for by the claimants solicitors on XX/XX/2014. The claimant has yet to comply.

 

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify

their claim and against pre action protocol should be considered when the question of costs arise.

 

Therefore 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 Notice served under Sections 76(1) and 98(1) of the CCA1974

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

 

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

owed.

 

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.

 

Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974

 

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]

 

Regards

 

Andy

[storeman]

Thanks Andy, defence edited and submitted. So now we wait. What normally happens now?