Lowells/Carter / Lloyds TSB - Current Account Court Claim***Claim Discontinued***

[project01]

Claimant: Lowell Portfolio I Ltd

 

Date of issue: 12th June 2014

 

What is the claim for –

This Claim is for £1100 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 Ltd on XX/07/2013 and notice served pursuant to the law of property act 1925

Particulars Re: Lloyds

A/C No xxxxxxxxx

And the claimant claims £1100

 

The Claimant also claims interest pursuant to S69 county court Act 1984 from XX/07/2013 to date at 8% per annum amounting to £81

 

What is the value of the claim? £1300

 

Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Claimant has included it in the total claim

 

Is the claim for a current or credit/loan account or mobile phone account? Current Account

 

When did you enter into the original agreement before or after 2007? Before 2007 (2005)

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I've received a letter from Lloyds giving me a notice of assignement of the debt to Lowell Portfolio. It has a date of 24/06/2013 and the letter ittself has been dated as a 10th July 2013

 

Did you receive a Default Notice from the original creditor?

Not aware of

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Not aware of

 

Why did you cease payments:-

The Alleged debt is made up of ‘Unplanned Overdraft Charges’, ‘Returned DD Default Charges’, no money was physically borrowed or any DD etc paid for. Also Lloyds "upgraded" my free current account into the "select" account without my knowledge or request. This implied a monthly charge of £3.50 rising to £7 after 3 months (as far as I'm correct)

 

Was there a dispute with the original creditor that remains unresolved?

Yes, I disputed the alleged debt but they did not resolve it.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

I wrote to them about Financial Hardship but they rejected to refund the charges.

 

 

FURTHER INFO

 

Thanks in advance for any help. I need to file my Defence by Sunday 1st June 2014, it is a very similar issue as one of the previous forum member but I'll give a brief outline to the claim, I believe it is statue barred but obviously I'm a total amateur

 

The Original alleged debt was with Lloyds TSB for a Current BANK ACCOUNT, debt is made up of all 'default charges applied' to the account, no money was physically borrowed or any Direct Debits etc paid for. The last action on the account was a returned DD 3rd Septemeber 2007, after that I didn't use the account, but Lloyds TSB kept applying Account Charges, interest and finally the account was closed/passed to debt recovery.

 

On 12th June 2014 Bryan Carter wrote to me and stated they have issued a claim and we should receive it in 48 hours!!! In fact I had a letter from the Court dated 12th of June as well

 

Any help and advice would be highly appreciated, my deadline is 1st July 2014, not a lot but we just came back from a holiday to have this rather depressing surprise.

 

 

Am I correct in thinking that my next steps should be to send a CPR31.14 to the Bryan Carter Solicitors?

 

 

Also, should I fill the "Acknowledgement of service" now? Sorry about the basic questions but I'm a bit lost, this is the first time (and hope the last one) I'm involved in something like this.

 

 

I'm also attaching a checkmyfile credit reference file, one picture shows original Lloyds TSB entry and the next one shows after the debt has been purchased by a Lowell. I'm not sure if it should be showing as a 2 separate entries though.

 

 

Kind regards

Edited June 26, 2014 by project01

[AndyOrch]

Hi Project and welcome to CAG

 

Yes you need to acknowledge the claim and state your intended plea.(defend in full I sumise)

 

Then send the CPR 31.14 Current Account version to the claimant and sidekick Sols (normally Sols only) but in this case send two copies.

 

Then you can breath and I will monitor your thread as it progresses to the defence stage.

 

Regards

 

Andy

[newhereplease help]

Hi, I think your deadline to acknowledge the claim is 30 June and not 1 July. I may be wrong but it could lead to a default ccj if I'm right and you leave it till 1 July. Take care

[AndyOrch]

Hi, I think your deadline to acknowledge the claim is 30 June and not 1 July. I may be wrong but it could lead to a default ccj if I'm right and you leave it till 1 July. Take care

 

 

Correct

[project01]

Wow, thanks guys! I really really appreciate all your help, I will obviously keep you updated

 

All the best!

[project01]

Hi,

 

I'm just doing an acknowledgement, am I correct in thinking I don't tick the "I intend to contest jurisdiction" box?

 

Thanks

[newhereplease help]

Correct, just tick the defend all box. Take care.

[project01]

Ok, I didn't tick it. Hope I've done everything in a good order, I'm attaching a JPG showing my AOS. Now, tomorrow I'll send a CPR 31.14 Current Account version to the Lowells and also Bryan Carter, 1st class signed for.

 

Thanks

[newhereplease help]

That looks fine Take care

[project01]

Haha, thanks! Ok, CPR request is sealed in an envelopes and waiting to be sent first thing tomorrow morning to both Bryan Carter and Lowell themselves.

 

Is there anything more I should be doing now apart from holding my fingers crossed?

 

All the best!

[project01]

Hello guys!

 

Just received a reply from a Bryan Carter Solicitors LLP, basically they are saying they don't have to provide me a documents and it will be allocated to the small claims blah blah blah...

 

I'm attaching a scan of the letter, I'll be grateful for any help in regards to this matter, so far you have been fantastic! Thanks.

 

PS. They've said they are not in the receipt of my acknowledgement, should I be worried about this? Also claim has been issued on the 12 June, not 11 as they say.

 

All the best,

B

[dx100uk]

usual rubbish carter sends in relation to a CPR request

 

dx

[project01]

Thanks for taking your time to reply. Should I just start drafting a defense then or is there anything else I should be doing? I hope I've not missed any important step so far.

 

All the best,

B

[dx100uk]

for now you do nothing

 

bar p'haps read like threads here

 

lots of times carter has no paperwork

 

and will fold or run away when it gets close to the day of reckoning

[project01]

Thank you, I've read many threads on here, seems like lots of people try to fight with them. You saying that for now I do nothing but I've acknowledged the service on the 29th and if I'm correct my deadline for filing a defence is on the 13th of July, is that correct? Should I be preparing the defence then?

 

Just pasting a letter Bryan Carter sent me after I've requested CPR 31.14

 

Cheers

[dx100uk]

pdf please

 

dx

[project01]

pdf please

 

dx

 

Sorry, I'm attaching PDF now. Thank you.

[project01]

And this is the original letter they have sent me back after I requested CPR, in PDF file now

[dx100uk]

std crap / begging letter from carter

 

he'll fold sooni bet.

 

or run away

 

just don't missing your 33 days defence deadline

 

dx

[project01]

Hello to all,

 

I've received another rubbish letter from Bryan Carter, I'll just ignore it, currently I'm trying to put a defense together as my deadline is on Sunday 13th I believe. I will post it here as soon as I'll manage to do it, I'm just going through other similar posts. Thanks.

[citizenB]

If your issue date was 12th June, your timeline is as follows.

 

Issue date 12.06.2014 + 5 days for service = 16.06.2014 + 14 days to acknowledge = 30.06.2014 + 14 days to submit defence = 14.07.2014

 

Did you acknowledge the claim by the 30 June ?

[project01]

Hi,

 

Yes, I did acknowledge it before 30th,

 

sorry for my mistake, so 14th is my deadline then.

 

I'd like to do it asap though and have it behind me.

 

I'm not sure if I can use statue barred defence,

 

as far as I'm correct last payment I've made has been made in June 2007,

 

I'm 99% sure this was the last time I put a money into account.

 

After that there was just an avalanche of fees, charges etc.

 

no physical money has been ever borrowed, whole 1K is made out of penalties.

 

Thanks

[project01]

I let myslef to use the defence draft that Andy has prepared for another poster, virtually having same issue as me, should I also include anything about statue barred? Do you guys think this will be ok? Being a non native English speaker doesn't help with all the complicated words and terms but I'm doing my best

 

####Particulars of Claim####

 

Claimant: Lowell Portfolio I Ltd

 

Date of issue: 12th June 2014

 

What is the claim for –

This Claim is for £1100 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 Ltd on XX/07/2013 and notice served pursuant to the law of property act 1925

Particulars Re: Lloydsicon

A/C No xxxxxxxxx

And the claimant claims £1100

 

The Claimant also claims interesticon pursuant to S69 county courticon Act 1984 from XX/07/2013 to date at 8% per annum amounting to £81

 

What is the value of the claim? £1300

 

 

#####Defence Current Account example######

 

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor Lloyds TSB Bank.

 

2. 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.

 

5. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

6. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

 

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

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

8. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 30 th June 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

9.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.

Edited July 12, 2014 by Andyorch
Particulars added for reference

[AndyOrch]

Particulars added for reference.

 

After point 3. I would add :-

 

 

Notwithstanding the above it is denied should it be alleged that any monies are outstanding having not serviced or acknowledged the account for over 7 years and therefore Statute Barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

Regards

 

Andy

[project01]

Thanks Andy, amazing, below I'm pasting what will be my final version then, I have changed nothing, just added "Notwithstanding the above..."

 

Last thing I'd like to ask - in point 8, should I point out all the documents requested by me or just "Agreement and Termination Demand Notice"? In my CPR I asked for:

1: The agreement/ overdraft Facility confirmation and Terms and Conditions from that date pursuant to section 61B of The Credit Consumer Act 1974.

 

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 Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

 

3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C

 

4. Notice of Assignment

 

 

Thank you!

 

 

####Particulars of Claim####

 

Claimant: Lowell Portfolio I Ltd

 

Date of issue: 12th June 2014

 

What is the claim for –

This Claim is for £1100 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 Ltd on XX/07/2013 and notice served pursuant to the law of property act 1925

Particulars Re: Lloydsicon

A/C No xxxxxxxxx

And the claimant claims £1100

 

The Claimant also claims interesticon pursuant to S69 county courticon Act 1984 from XX/07/2013 to date at 8% per annum amounting to £81

 

What is the value of the claim? £1300

 

 

#####Defence Current Account example######

 

1. It is admitted with regards to the Defendant having use of a facility to overdraw with the original creditor Lloyds TSB Bank.

 

2. 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.

 

Notwithstanding the above it is denied should it be alleged that any monies are outstanding having not serviced or acknowledged the account for over 7 years and therefore Statute Barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

4.The claimant is denied section 69 interest as its already charged interest on the facility.

 

5. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

6. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion.

 

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

 

8. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 30th June 2014 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.

 

The claimant is therefore put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on pursuant to section 61B of The Credit Consumer Act 1974.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

 

9.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.

Edited July 13, 2014 by Andyorch
Changed point 8 to precede request of proof