Lovell/Carter - Claimform Sent to old address- redirected! Should I respond????????

[littletinker]

Hi,

 

Just received letters and county court claimform from

Lovell Financial / Bryan Carter / Northampton Court all in one go.

 

All mail was sent to a previous property (which I still own) but

unfortunately don't live there anymore.

 

Mail is currently being held by local sorting office.

 

Usually collect mail every 4 - 6 weeks.

 

On last collection there were letters from Frederickson International dated 17 Mar 2014

on behalf of Lowell Financial,

 

one from Bryan Carter dated 27 March 2014,

 

one from Lowell Financial dated 28 March 2014

 

plus a court summons dated 14 April 2014.

 

they are saying they purchased a debt from HBOS in July 2013 and

unless I responded to initial letter they were going to take me to court.

 

I am sure it relates to an old account which incurred a lot of overdraft charges

and interest and subsequently spiralled out of control.

 

Not sure of the date they registered as defaulted (Aware of Statute Barred rule).

 

Really need advice on what initially to do with county court summons.

 

I don't want a CCJ against my property, only now starting to get back on my feet.

 

As the summons has gone to an address I don't live at and am formally registered elsewhere,

 

how do I notify the court without letting on my new address.

 

What will happen if its sent back

NO LONGER AT THIS ADDRESS.

 

Will Bryan Carter continue if they know I still own the property?

 

Should I respond to the first letter saying I've only just received it? Help!!!!!

 

Limited time to do anything.

 

Many thanks for any advice.

[ericsbrother]

You will have to let them know your new address if you dont want papers sent to the other one.

 

If it is your property it is considered served at your address and you can deal with it from there.

 

The CCJ is not against your property but YOU so it wont matter how often you move it goes with you.

 

Your problem is if you do nothing and the debt is more than £700

they may take steps to either bankrupt you are get a charge on the property.

 

BC will continue as they will think that they can slip it into teh courts without you having a chance to defend

and make their job easier and earn themseves some more of our money.

 

Best get in an acknowledgement of service and then get a CCA request into them

and also a SAR to find out what they hold andalso how much of the debt is charges

and fees as you can get these knocked off.

[BRIGADIER2JCS]

You can't sue a building!

[ims21]

Hi littletinker and welcome to CAG.

 

I have moved your thread to the legal forum where the guys will be along to help as soon as they are available.

 

Can you please have a read here....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Can you please have a look at the questions raised in the first post on that thread and give your answers here on your thread.

 

Looking at the date of issue of the claim form, you have until 3 May to acknowledge service.

[littletinker]

As requested:-

 

 

Claimant is LOWELL PORTFOLIO LTD.

Date of Issue is 14 APRIL 2014.

 

 

Particulars of Claim:

'This claim is for £800 the amount due under an agreement between the original creditor and the defendant to provide finance and /or services and / or goods.'

 

 

'This debt was assigned to / purchased by Lowell Portfolio I Ltd.

On 09/07/2013 and notice w served pursuant to the law of property act 1925.

 

 

Particulars

RE: HBOS PLC

A/C No. 000000000000000

 

 

And the claimant claims £800

 

 

The claimant also claims interest pursuant to S69 County Court Act 1984 from 09/07/2013 to date at 8% per annum amounting to £50'

 

 

It doesn't state what exactly they are claiming for.... assuming old bank account which went overdrawn. If so, this account would have been opened prior to 2007.

Was not aware the debt has been assigned to LOWELL and never received Notice of Assignment.

 

 

May have received Default Notice from original creditor. Have never received annual Notice of Default Sums.

 

 

Stopped paying on original bank account as it spiralled out of account due to constant overdraft charges, interest, fees on dd's being returned etc.

 

 

Did ask original bank to help with the fees and to freeze the account but they refused.

Ended up not paying in any more money as I couldn't live and support myself.

 

 

The only communication I received was 17 Mar 2014 from Fredrickson International saying they were authorised to contact me by Lowell Financial and to avoid further action their client requires payment of £800.

 

 

Next letter was 27 March 2014 from Bryan Carter Solicitors stating instructed by Frederickson International and unless payment of debt is received by 10 Apr 2014 court proceedings will be issued.

 

 

Then summons dated 14 April 2014. Please note I received all three documents together so didn't get the opportunity to try and resolve this matter before it getting to court.

[dx100uk]

you need to urgently ACK the claimform

after registering with MCOL

 

then use the claimform number/password

 

defend all

 

you have a total of 19 days to do this from the date of the claimform inc.

[littletinker]

Hi, Thanks for the advice. Will acknowledge claim form on line and request additional 14 days to enter defence.

 

 

In the meantime, you have stated to send a CPR 31.14 request for documents as referred to in the summons. What if no documents were referred to in the summons? Do I still word letter as per template? Thanks.

[littletinker]

Or should I send the 'Prove It' letter instead or as well? Thanks.

[AndyOrch]

If nothing is referred to then pointless using the CPR 31 request.

 

Regards

 

Andy

[havinastella]

They refer to an agreement in the POC, so yes, ask for that. You also want to fit in how the balance is made up.

[oleg]

They also mention notice of assignment, so include that too.

[AndyOrch]

They refer to an agreement in the POC, so yes, ask for that. You also want to fit in how the balance is made up.

 

Its assumed this is an overdraft.

[havinastella]

Its assumed this is an overdraft.

 

Oh I agree, that's why it's fun to ask for the agreement they mention

[littletinker]

Hi everyone,

 

Just a quick update.

 

Still haven't received anything from BC regarding my CPR request and the prove it letter.

 

Am considering what defence to put together.

 

Believe I have until 17th May to file it.

 

Am still awaiting my statutory report from Equifax to confirm when the defaults were registered.

 

Is it worth me ringing the bank in question who have subsequently sold the debt on to try and find out when I defaulted on the account.

 

Would they record the call?

 

Would this jeopardise my defence with BC.

If I should call what is the best way to word the conversation without admitting the debt??

 

Many thanks in advance.

[dx100uk]

you use the std defence that is on here for the no paperwork

scenario with carter

[littletinker]

Hi,

Received letter in post today from Bryan Carter regarding disclosure under Part31 of Civil Procedures Rules. Assume this is the usual reply...... 'Issued by Northampton County Court, protocol was followed meaning no need to attach documents to claim, being allocated to Small Claims Track and Civil Procedure Rules will not apply. 'In any event the Notices of Default and Assignment left the control of the Claimant when they were dispatched to you'.

 

 

Does this mean Lovell or Frederickson had sent notices of default and assignment to me. Or are they referring to the original creditor?

 

 

Also states 'original creditor's policy to issue agreements at the start of the contract and statements throughout the duration of the Agreement, so refer to your own records. Not agreeable to extension for filing defence.

 

 

Do I still continue with standard defence for non disclosure. Thanks.

[dx100uk]

yes

 

usual crap to confuse the victim of their attempt at a default judgement

without being contested

without any enforceable paperwork

 

you stick to your time schedule

 

dx .

[littletinker]

Hi guys

Just another quick question please.

I have drafted my defence as below, but have just come across another defence with different wording. Should I also include these paragraphs too? Need to file by tomorrow 17th May. Many thanks.

 

 

My Defence

 

 

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.Paragraph 1 is noted. I have had financial dealings with HBOS in the past.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 Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4.Paragraph 2 is denied.I am unaware of any legal assignment or Notice of Assignment. The claimant has not complied with Section III & IV and annex B of the PD Pre Action Conduct as stated above

they have never made any contact or request prior to the issuing of this claim.

 

5. On receipt of the claim form the Defendant sent a CPR 31.14 request dated 28 April 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 30/04/2014. The claimant has yet to comply.

 

6. 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;

 

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

 

8.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 crediticon Act 1974.

 

9.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.

 

10.The claimant is denied section 69 interest as they have already charged interest on the facility.

 

 

11.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.

 

 

 

 

 

 

 

 

 

Additional wording??

 

 

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 Abbey 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 interest as its already charged interest on the facility.

Edited May 16, 2014 by Andyorch
Addition statements added

[littletinker]

The reason I ask this as I am 99% sure I didn't have an agreed overdraft facility, just a basic account. Do I need to reword the defence to say I didn't actually have this facility?

[AndyOrch]

The defence was initially one that I drafted littletinker and the additional is from one of my latest current account defences...I have edited your post above to contain the addition statements.

 

Regards

 

Andy

[littletinker]

Many many thanks Andy, will get this filed on line and await! Cheers.